12 Guam Code Ann. § 5103
Terms Used In 12 Guam Code Ann. § 5103
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oath: A promise to tell the truth.
- Quorum: The number of legislators that must be present to do business.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
(b) The powers, rights, privileges, functions and duties of the Authority shall be vested in seven (7) commissioners, not more than three (3) of whom shall be at any time a salaried official or employee of the government of Guam or of the United States.
(c) The Commissioners shall be appointed by the Governor by and with the advice and consent of the Legislature.
(1) The Commissioners who are first appointed pursuant to this Article shall be designated to serve for terms of one (1), two (2), three (3), four (4) and five (5) years, respectively, from the date of their appointment, but thereafter Commissioners shall be appointed for terms of five (5) years, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term.
(2) A Commissioner shall hold office until his successor has been qualified, unless sooner removed as provided in Subsection (e) of this Section.
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(3) A certificate of the appointment or reappointment of any Commissioner shall be filed with the Secretary of Guam and such certificate shall be conclusive evidence of the due and proper appointment of such Commissioner.
(d) Before taking office or entering on duty, each Commissioner, as well as each employee of the Authority, shall take the oath of office required of all officers and employees of the government of Guam.
(e) Any Commissioner may be removed by the Governor for inefficiency, neglect of duty or misconduct in office, after a hearing before the Governor or a hearing officer specially designated by him for the purpose.
(f) A Commissioner shall receive no compensation for his services, but shall be entitled to payment of official travel costs and reimbursement of expenses actually and necessarily incurred in the discharge of his duties and functions. Commissioners shall be compensated in the amount of Fifty Dollars ($50.00) for attending a board or commission meeting, such compensation not to exceed One Hundred Dollars ($100.00) per month.
(g) The Governor shall designate a Chairman and Vice-Chairman from among the Commissioners. The Commissioners shall constitute the Board of Commissioners of the Authority. The Board may employ an Executive Director of the Authority who shall serve at the pleasure of the Board, technical experts, such other officers, agents and employees, permanent and temporary, as it may deem necessary, and shall determine their qualifications, duties, tenure and compensation. For such legal service as it may require, the Authority may employ or retain its own counsel and legal staff. The Authority may delegate to one or more of its officers, agents or employees, such powers and duties as it may deem proper. The Board shall adopt personnel rules pursuant to 4 Guam Code Ann. §§4105 and 4106.
(h) Four (4) Commissioners shall constitute a quorum of the Board of Commissioners of the Authority for the purpose of conducting the business of the Authority and exercising its powers, and for all other purposes. A vote of the majority of Commissioners present at any meeting of the Board shall prevail.
SOURCE: GC § 13902; Subsection (g) amended by P.L. 16-23. Subsection (f)
amended by P.L. 30-069:2 (Nov. 27, 2009).
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12 Guam Code Ann. AUTONOMOUS AGENCIES
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2017 NOTE: Subsection/subitem designations added/altered pursuant to the authority of 1 Guam Code Ann. § 1606.
