2023 Laws of Puerto Rico › TITLE THREE - Executive (§§ 1 — 9311) › Chapter 65A - Puerto Rico Government Ethics Act of 2011 (§§ 1854 — 1860b) › Subchapter II - Office of Government Ethics (§§ 1855 — 1855d) › § 1855a - Executive Director

(a) Appointment and term.— The Office shall be administered by an Executive Director, who shall be appointed by the Governor with the advice and consent of the Senate and the House of Representatives, for a term of ten (10) years or until his/her successor is appointed and takes office. The person designated to hold such office shall not be appointed for more than one term. In the event that the office of Director is left vacant before the expiration of the ten-year term provided herein, the new appointment shall be extended for ten (10) years.
(b) Requirements and salary.— The office of Executive Director may only be held by a person of legal age who is a United States citizen, and citizen and bona fide resident of Puerto Rico, of recognized professional capacity, moral integrity, and knowledgeable in public administration and government endeavors. The person could not have been a candidate in a primary or in a general or special election process during the last four (4) years immediately preceding his/her appointment. The Executive Director shall draw an annual salary equal to one hundred and five thousand dollars ($105,000) or a salary equivalent to that of a Judge of the Court of Appeals, whichever is greater. The Executive Director shall have the option of joining, withdrawing from or rejoining the Retirement System and the Savings and Loan Fund in effect. The Executive Director may enjoy an annual vacation leave of thirty (30) days, at his/her discretion, taking into account the best interests of the Office.
(c) Restrictions of the Office.—
The Executive Director may not:
(1) Contribute money directly or indirectly to political parties or organizations.
(2) Hold or campaign to hold any office whatsoever in the direction or organization of a political party or run for elective public office.
(3) Participate or collaborate directly or indirectly in any political campaign whatsoever.
(4) Endorse a candidate for an elective office.
(d) Selection procedure.— The Secretary of Justice shall convene all former justices of the Supreme Court of Puerto Rico to recommend to the Governor a list of at least three possible candidates for holding the office of Executive Director. In the event that there are no former justices of the Supreme Court available, or whenever these cannot constitute a panel of at least five members, the Secretary of Justice shall convene former judges of the Court of Appeals to complete the panel. In the event that the panel fails to submit to the Governor a list of the candidates within thirty (30) days after having been convened by the Secretary of Justice, the Governor may designate the person who shall hold the office of Executive Director. Nothing provided herein shall be construed as a limitation to the constitutional power of the Governor to exercise with absolute discretion his/her appointing authority.
(e) Separation from Office.— The Executive Director may be separated from his/her office only if the Governor brings charges against him/her before the Supreme Court of Puerto Rico. The Supreme Court shall pass judgment on the evidence produced based on the criteria of a clear, strong, and convincing proof to determine whether or not to find the Executive Director to be mentally unfit to carry out his/her duties. For all legal purposes, separation from office shall be deemed to be a voluntary resignation.
(f) Removal from Office.—
The Executive Director may be removed from his/her office only if charges are brought against him/her for the following reasons:
(1) Immoral or illegal conduct or violations of the prohibitions related to this office or the Code of Ethics as established by this chapter;
(2) gross negligence in the discharge of his/her duties, and
(3) conviction for any felony or misdemeanor that implies moral turpitude.
The action must be initiated in the House of Representatives, in which charges shall be pressed with the approval of 2/3 of the total number of its members. Once the process concludes, the Senate shall have the exclusive power to judge and pronounce sentence, which shall only be limited to the removal from office, with the consent of 3/4 of the total number of its members.
History —Jan. 3, 2012, No. 1, § 2.2.