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5 GCA GOVERNMENT OPERATIONS
CH. 43 BOARDS & COMMISSIONS
CHAPTER 43
BOARDS & COMMISSIONS
NOTE: This Chapter contains those provisions of law, formerly
scattered throughout the Government Code, dealing with Boards and
Commissions in general. Many Boards are created by local statute,
some by local Executive Order and others by Executive Order
pursuant to federal requirements. Each board created by statute is
found in the appropriate substantive Title of this Code. Laws in this
Chapter apply to all Boards and Commissions.
Article 1. General Provisions.
Article 2. Performance Review of Agency Heads.
ARTICLE 1
GENERAL PROVISIONS
§ 43101.
§ 43102.
§ 43103.
§ 43104.
§ 43105.
§ 43106.
§ 43107.
§ 43108.
§ 43109.
§ 43110.
§ 43112.
§ 43113.
§ 43114.
§ 43115.
§ 43116.
§ 43117.
§ 43118.
§ 43119.
Board Members Prohibited from Procurement.
Former Members’ Appointment to Board Limited.
Multiple Board Membership Prohibited.
Uniform Compensation for Boards & Commissions.
Travel for Board & Commission Members.
Removal from Office for Absences.
Quarterly Attendance Report Required.
Conduct of Meetings.
Representation of Sexes.
Appointments.
Conflict of Interest of Members.
Rulemaking.
Employee Salary Ceiling.
Annual Reports.
Boards and Commissions Educational Programs.
Boards and Commissions Training. [Repealed.]
Boards and Commissions Appreciation Day.
Certain Boards & Commission Abolished if Not
Meeting. [Repealed]
§ 43120. Secret Voting Prohibited. Vote Required.
§ 43121. Use of Video Teleconferencing at Meetings.
§ 43122. Use of Video Live Streaming at Meetings.
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§ 43101. Board Members Prohibited from Procurement.
Notwithstanding any other provision of law, any member of
any elected or appointed board or commission shall be prohibited
from acting or participating in discussion on any matter in which
he is a principal, has a financial interest in, or acts as an agent for
anyone other than the government of Guam. Interests held in
blind trust shall not be exempt from this provision. The member
shall be prohibited from influencing any determination made by
the board or commission on which the member serves and in
which the member either participates personally and substantially
through decision, approval, disapproval, recommendation, the
rendering of advice, investigation or otherwise, or which is the
subject of the member’s official responsibility, where the
government of Guam is a party or has a direct and substantial
interest. Said prohibition shall be applicable during the tenure of
the member, and one (1) year thereafter.
SOURCE: GC § 5200 added as part of Chapter III, Title VI of the
Government Code, by P.L. 14-6:10. Repealed by P.L. 23-10:3. Reenacted
by P.L. 31-175:1 (Feb. 3, 2012).
§ 43102. Former Members’ Appointment to Board Limited.
Until the expiration of two years from the date of an election
in which he was a candidate, no person who is a candidate for
public office shall be eligible for appointment to any Board or
Commission (whether heretofore or hereafter created) whose
members are appointed by the Governor if such a person was a
member of such Board or Commission during the twelve month
period immediately preceding such election.
SOURCE: GC § 5201 added by P.L. 14-6:10.
§ 43103. Multiple Board Memberships Prohibited.
No person whose appointment requires legislative
concurrence shall simultaneously serve on more than one Board
or Commission.
SOURCE: GC § 5202 added by P.L. 14-6:10.
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§ 43104. Uniform
Commissions.
Compensation
for
Boards
and
(a) A member of a board or commission 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. Civil Service
Commissioners shall, without limitation, each receive Fifty
Dollars ($50.00) for every meeting attended to adjudicate appeals,
complaints, grievances or other disputes, or to perform rulemaking functions as provided in statute, rule or regulation.
(b) Effective October 1, 1995, all members of any boards or
commissions of the government of Guam, except for the
Territorial Board of Education, who serve on the board or
commission in the capacity of a full-time, salaried elected official
or as a full-time, salaried, appointed official of the government of
Guam shall not be entitled to receive a stipend for attendance at
board or commission meetings.
SOURCE: GC § 6911 added by P.L. 15-148:32. Amended by P.L. 2345:IV:10. Repealed and reenacted by P.L. 24-59:V:13.
2018 NOTE: Subsection designations added pursuant to authority by 1
GCA § 1606.
COMMENT: 1. GC § 6911 was added as the last section in a string of 32
sections affecting compensation for members of boards and commissions.
The preceding 31 sections amended each board or commission found in
law at that time to fix the amount as stated in this section. It appears that
the Legislature intended all boards and commissions to have the same
compensation, that provided in this section, even if the board or
commission was inadvertently omitted from P.L. 15-148, or established by
Executive Order. Certain commissions established since that time (January
1981) have different compensation.
2. P.L. 16-44:21 stated: "No person who is a member of any board
or commission within the government shall be compensated for service on
such board or commission."
Public Law 16-111:II:6 repealed that section.
§ 43105. Travel for Board & Commission Members.
(For the law governing travel of board and commission
members, see 5 GCA § 23104.)
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§ 43106. Removal from Office for Absences.
Unless the provisions of law governing the removal from a
particular board or commission are to the contrary, the unexcused
absences of a member of a board or commission from three
consecutive regular meetings of the board or commission shall
constitute a cause for removal of the member from the board or
commission, and the Governor may thereupon remove such a
member from the board or commission. The determination of
whether a member’s absence is excused or unexcused shall be
made by the other members of the same board or commission.
SOURCE: GC § 6911.1 added by P.L. 16-67.
§ 43107. Quarterly Attendance Report Required.
The chairman of each board or commission shall submit a
quarterly report on the attendance of the members of the board or
commission to I Maga’lahi (the Governor) and I Liheslatura (the
Legislature), and shall also post the attendance reports on the
agency, board, or commission website.
SOURCE: GC § 6911.2 added by P.L. 16-67. Amended by P.L. 31-032:1
(Apr. 18, 2011).
§ 43108. Conduct of Meetings.
(For the law governing the conduct of meetings in general,
see 5 GCA Chapter 8, the Open Government Law. For specific
quorum requirements, see the law governing each specific board
or commission.)
§ 43109. Representation of Sexes.
(For the law governing representation of both sexes on
boards and commissions, see 4 GCA § 2105.)
§ 43110. Appointments.
(For the law governing appointments generally, see 4 GCA §
2101, § 2102 and § 2103.)
§ 43112. Conflict of Interest of Members.
(For the law governing employment in or contracting with
the agency or instrumentality of a former member of its governing
board, see 4 GCA § 2104.)
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§ 43113. Rulemaking.
(For the laws governing rulemaking by boards and
commissions -- and others within the Executive Branch -- see 5
GCA Chapter 9, Administrative Adjudication Law.)
§ 43114. Employee Salary Ceiling.
(For law governing the maximum salary which a board or
commission can give to an employee governed by it, see 4 GCA
§6103, and specific law governing each agency, especially the
Department of Education.)
2009 NOTE: P.L. 28-045:10 (June 6, 2005) changed the name of the
Department of Education to the Guam Public School System. P.L. 30050:2 (July 14, 2009) reverted the name to the Department of Education.
§ 43115. Annual Reports.
(For law requiring annual reports from each board and
commission, see 5 GCA § 1507.)
§ 43116. Boards and Commissions Educational Programs.
(a) Development of Training and Curriculum. Each board
or commission shall have an educational program established to
prepare its members for the duties of the board or commission to
which they are appointed. Such educational program shall cover
procurement laws, as applicable, applicable statutes, executive
orders, and rules and regulations which govern the board or
commission and their respective areas of purview. Each
educational program shall be established, within ninety (90) days
of the enactment of this Section, by the Director of the agency
with which the board or commission is associated, or his designee;
or, if there is no such agency, then I Maga’lahi (the Governor), or
his designee. Each educational program shall be updated, as
needed, no less than annually, to reflect any changes to
procurement laws, applicable statutes, and rules and regulations.
The Director of each agency shall report to I Maga’lahi (the
Governor) within thirty (30) days when member(s) of an
associated board or commission complete the applicable
educational program. The Director, or his designee, shall conduct
the training sessions at a time and location to be determined by the
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Director, in compliance with the Americans with Disabilities Act
and other relevant statutes.
(b) Education of Current Board and Commission Members.
Each current member of a board or commission shall complete the
applicable educational program within thirty (30) days of the
establishment of the program.
(c) Education of New Board and Commission Members.
Each new member of a board or commission shall complete the
applicable educational program within thirty (30) days of his
election and qualification, or his confirmation by I Liheslatura to
the board or commission.
(d) Continuing Education for Board and Commission
Members. Each year, the members of each board and commission
shall, as a form of continuing education, complete the applicable
educational program for the board or commission on which they
serve.
(e) Failure to Complete an Educational Program. Failure to
complete an educational program within one hundred eighty (180)
days of a board or commission member’s appointment shall result
in the member’s removal and the appointment of a new member
to fill the vacancy, pursuant to § 2101 of Chapter 2, Title 4, Guam
Code Annotated. Actions of a board or commission shall not be
invalidated by the failure of a member to complete the applicable
educational program.
SOURCE: Added by P.L. 32-031:3 (May 10, 2013).
2013 NOTE: This section was added by P.L. 24-191:2 (May 6, 1998),
entitled “Development of Boards and Commissions Training Program.”
Repealed by P.L. 28-076:7 (Nov. 25, 2005), effective January 1, 2007
pursuant to P.L. 28-076:9.
§ 43117. Boards and Commissions Training.
[Repealed.]
SOURCE: Added by P.L. 24-191:3. Repealed by P.L. 28-076:8 (Nov. 25,
2005), effective January 1, 2007 pursuant to P.L. 28-076:9.
§ 43118. Boards and Commissions Appreciation Day.
I Maga’lahen Guåhan [Governor of Guam] shall designate,
preferably during the month or week in which volunteers are
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recognized, one (1) day per year for recognition and appreciation
of individuals serving on all boards and commissions.
SOURCE: Added by P.L. 24-191:4.
§ 43119. Certain Boards & Commission Abolished if Not
Meeting.
[Repealed.]
SOURCE: Added as an uncodified law by P.L. 26-76:56 (Mar. 12, 2002).
Repealed by P.L. 30-113:1 (Mar. 11, 2010).
2009 NOTE: P.L. 28-045:10 (June 6, 2005) changed the name of the
Department of Education to the Guam Public School System. P.L. 30050:2 (July 14, 2009) reverted the name to the Department of Education.
§ 43120. Secret Voting Prohibited. Vote Required.
(a) No action, motion or resolution of any board or
commission of the government of Guam may be taken in secret or
by secret ballot. This provision shall not apply to the Guam Parole
Board.
(b) All members present are required to vote on every action
or resolution of the board, for which a vote is called, unless the
member is excused for cause by a majority of the members
present, or the member is barred by public law from voting.
SOURCE: Added by P.L. 31-218:1 (June 15, 2012).
§ 43121. Use of Video Teleconferencing at Meetings.
(a) Board and commission members may participate in
regular and special meetings via video teleconferencing. The
board or commission member shall submit a written request to
participate in regular and special meetings via video
teleconferencing to the Chairperson. Such request shall be
attached to the minutes of said meeting.
(b) Participation via video teleconferencing shall meet the
requirements for a quorum.
(c) Boards and commissions shall develop rules and
regulations and education on the use of video teleconferencing for
their members, in consultation with the Office of Technology
(OTECH) and the Office of the Attorney General, in accordance
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with their individual missions and functions, and in accordance
with existing statute, specifically the Open Government Law,
contained in Chapter 8 of this Title.
(d) Executive sessions and due process hearings shall not be
conducted via video teleconferencing.
SOURCE: Added by P.L. 34-133:2 (Oct. 17, 2018).
§ 43122. Use of Video Live Streaming at Meetings.
(a) Boards and commissions shall broadcast regular and
special meetings via video live streaming applications.
(b) Boards and commissions shall develop rules and
regulations and education on the use of video live streaming for
their members, in consultation with the Office of Technology
(OTECH) and the Office of the Attorney General, in accordance
with their individual missions and functions, and in accordance
with existing statute, specifically the Open Government Law,
contained in Chapter 8 of this Title.
(c) Boards and commissions shall provide instructions on
how the public can access these video live streams on their
meeting notices.
SOURCE: Added by P.L. 34-133:3 (Oct. 17, 2018). Amended by P.L. 36034:5 (June 11, 2021), effective 30 days after enactment.
---------ARTICLE 2
PERFORMANCE EVALUATION OF AGENCY HEADS
SOURCE: This Article was enacted as an uncodified law by P.L.
27-20. Codified by Compiler.
§ 43201. Definitions.
§ 43202. Performance Reviews of Agency Heads.
§ 43203. Publication of Performance Reviews.
§ 43201. Definitions.
For purposes of this Article only:
(a) Agency, instrumentality, or entity shall mean the
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Department of Education, the Guam Power Authority, the
Guam Waterworks Authority, the Guam Housing
Corporation, the Guam Housing and Urban Renewal
Authority, the Public Defender Service Corporation, the Jose
D. Leon Guerrero Commercial Port, the A. B. Won Pat
International Airport Authority, Guam, the Guam Economic
Development and Commerce Authority, the Civil Service
Commission, the Department of Chamorro Affairs, the
Chamorro Land Trust Commission, the Ancestral Lands
Commission, the Guam Memorial Hospital Authority, the
Guam Educational Telecommunications Corporation, the
Guam Council on the Arts and Humanities, the Guam
Visitors Bureau, the Guam Environmental Protection
Agency, the Guam Election Commission, and the
Government of Guam Retirement Fund.
(b) Governing Board shall mean the Guam Education
Policy Board, the Consolidated Commission on Utilities, the
Board of Directors, the Council, the Commission, or the
Board with the statutory authority to select the Chief
Executive of the agency, instrumentality, or entity for which
it determines policy. Chief Executive shall mean the Senior
Manager who heads an agency, including, but not limited to,
the Superintendent of Education, Director, Executive
Director,
General
Manager,
President,
Hospital
Administrator, or Administrator.
SOURCE: Added by P.L. 27-20. Amended by P.L. 28-143:3 (July 20,
2006). Amended by P.L. 29-061:1 (Apr. 4, 2008).
2013 NOTE: Subsection designations were added to adhere to the
Compiler’s alpha-numeric scheme in accordance to 1 GCA § 1606.
2009 NOTE: P.L. 28-045:10 (June 6, 2005) changed the name of the
Department of Education to the Guam Public School System. P.L. 30050:2 (July 14, 2009) reverted the name to the Department of Education.
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§ 43202. Performance Reviews of Agency Heads.
The governing Boards for all agencies, instrumentalities, or
entities shall issue performance reviews of the Chief Executive
selected for that agency six (6) months after appointment of the
said Chief Executive and every twelve (12) months thereafter that
the Chief Executive is retained by the Governing Board. Each
performance review shall document the Chief Executive’s
performance, accomplishments, and the respective Governing
Board’s reasons for retaining the said Chief Executive.
SOURCE: Added by P.L. 27-20. Amended by P.L. 29-061:2 (Apr. 4,
2008).
§ 43203. Publication of Performance Reviews.
The performance reviews required under this Act shall be
made public and the availability of these reviews shall be
published by the respective Governing Boards issuing the
aforementioned reviews by newspaper of general circulation or by
radio or television which is reasonably calculated to provide
notice of the facts it announces to the public at large and posted
on the agency, instrumentality or entity’s website.
SOURCE: Added by P.L. 27-20. Amended by P.L. 29-061:3 (Apr. 4,
2008).
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