Terms Used In 12 Guam Code Ann. § 8108

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
(a) The Board shall appoint a general manager who shall be its chief executive officer and shall serve at its pleasure. The general manager shall, at a minimum, possess the following qualifications:

(1) A combined minimum of ten (10) years of documented experience successfully managing a public or private utility or business activity similar, or greater, in scope and size to the Authority, and either:

(A) graduation from an accredited institution of higher education with a bachelor’s degree in business or public sector management, or closely related field or discipline, or

(B) graduation from an accredited institution of higher learning with a bachelor’s degree in engineering or engineering technology.

COL 6/21/2023

12 Guam Code Ann. AUTONOMOUS AGENCIES
CH. 8 GUAM POWER AUTHORITY

(2) The Board shall fix the general manager’s compensation, notwithstanding any other provision of law. The general manager shall have full charge and control of the construction of the works of the Authority and their maintenance and operation, and also of the administration of the business affairs of the Authority.

(3) The Board may contract with a corporation to perform any or all of the duties, and to exercise any or all of the powers of the general manager as provided in this Section; and the general manager, subject to the approval of the Board, may contract with a corporation to perform some of the duties, or to render expert and technical assistance, in the operation of the Authority. Such a management contract shall be for no longer than three (3) years duration. A corporation contracted pursuant to this Section must have a minimum of seven (7) years experience in the operation of an electrical power utility of similar, or greater, scope than the Authority.

(b) The powers of the General Manager include the following:

(1) To see that all rules and regulations of the Authority are enforced.

(2) To attend all meetings of the Board and submit a general report of the affairs of the Authority.

(3) To keep the Board advised as to the needs of the Authority and to approve demands for the payment of obligations of the Authority within the purposes and amounts authorized by the Board.

(4) To prepare or cause to be prepared all plans and specifications for the construction of the works of the Authority.

(5) To devote his entire time to the business of the Authority; to select and appoint the employees of the Authority, except as otherwise provided by this Act, and to plan, organize, coordinate and control the services of such employees in the exercise of the powers of the Authority under the general direction of the Board.

COL 6/21/2023

12 Guam Code Ann. AUTONOMOUS AGENCIES
CH. 8 GUAM POWER AUTHORITY

(6) To cause to be published within one hundred twenty (120) days from the end of each fiscal year a financial report showing the result of operations for the preceding fiscal year and the financial status of the Authority on the last day thereof. The publication shall be made in the manner provided by the Board.

(7) To perform such other and additional duties as the
Board may require.

(c) The Board may contract with a corporation to perform any or all of the duties and to exercise any or all of the powers of the General Manager as provided in this Section and the General Manager, subject to the approval of the Board, may contract with a corporation to perform some of the duties or to render expert and technical assistance in the operation of the Authority.

SOURCE: GC § 21505. Subsection (a) repealed and reenacted by P.L.
26-076:12 (Mar. 12, 2002).

2014 NOTE: Pursuant to the authority granted by 1 Guam Code Ann. § 1606, numbers and/or letters were altered, and subsection designations in subsection (a) were added to adhere to the Compiler’s alpha-numeric scheme.

§ 8109. Assistant General Manager: Engineering and
Technical Services. [Repealed.]
SOURCE: GC § 21505.1, as added by P.L. 11-057. Repealed by P.L. 26-
076:16 (Mar. 12, 2002).