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Terms Used In 21 Guam Code Ann. § 79301

  • 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.
  • 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.
  • Oath: A promise to tell the truth.
  • Quorum: The number of legislators that must be present to do business.
There is within, a public corporation and autonomous instrumentality of the government of Guam, the “”HAGÅTÑA RESTORATION & REDEVELOPMENT AUTHORITY.”” The powers, rights, privileges, functions and duties of the Authority shall be vested in nine (9) Commissioners, selected in accordance with the provisions in this Section. Seven (7) Commissioners shall be appointed by I Maga’låhi (the Governor), with the advice and consent of I Liheslaturan Guåhan (the Guam Legislature), to serve for a term of five (5) years. The eighth and ninth Commissioners shall be selected as follows: one of the Commissioners shall be the Mayor of Hagåtña, who shall serve for the duration of his/her term(s); one (1) member shall be appointed by the Speaker of the Guam Legislature, who shall serve at the pleasure of the Speaker, and whose appointment shall be effective until the conclusion of the term of the Guam Legislature in which he/she was appointed.

(a) 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.

(b) Any Commissioner appointed by the Governor 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.

(c) 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.

(d) 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 services as it may require, the Authority may employ or retain its own counsel and legal staff. The Authority may delegate to one (1) 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 Title 4, Guam Code Annotated,
§§ 4105 and 4106.

(e) Five (5) 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 the Commissioners present at any meeting of the Board shall prevail.

(f) Non-voting ex-officio members shall include representatives from the Department of Parks and Recreation, the Richard F. Taitano Micronesian Area Research Center, the Chamorro Language Commission, the Guam Visitors Bureau, the Department of Integrated Services for Individuals with Disabilities (DISID), the Department of Land Management, the Department of Public Works, the Guam Environmental Protection Agency, and the Guam Preservation Trust. These members shall provide technical assistance to ensure accuracy in the development of the Plan.

SOURCE: Added by P.L. 24-110:2 (Nov. 21, 1997). Amended by P.L.
32-039:1 (June 7, 2013), and effective upon enactment pursuant to P.L. 32-
039:2.