3 Guam Code Ann. § 2101
Terms Used In 3 Guam Code Ann. § 2101
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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 Commission shall consist of seven (7) members, all of whom shall be eligible voters on the date of their appointment.
(1) I Maga’lahen Guåhan (the Governor) shall appoint six (6) members from recommendations made by the recognized political parties of Guam.
(2) Each of the recognized political parties, via a duly passed resolution, shall recommend an equal number of names to I Maga’lahen Guåhan and the six (6) members appointed by I Maga’lahen Guåhan shall be appointed so
that the recognized political parties are equally represented. If at any time there are more than three (3) recognized political parties, the six (6) members appointed by I Maga’lahen Guåhan shall be appointed so that no more than two (2) of such members shall be members of the same recognized political party.
(3) One (1) member shall be selected and appointed by the six (6) members appointed by I Maga’lahen Guåhan. The appointment of the seventh (7th) member of the Commission shall be ratified by at least four (4) members.
(c) Each member shall serve for a term of two (2) years, or until his or her successor is duly qualified and appointed.
(d) If a vacancy should occur on the Commission, said vacancy shall be filled for the remainder of the term only, and by the method originally prescribed for its appointment.
(e) No member may be an elected official of the government nor a candidate or nominee for an elected office within the government.
(b) Each member of the Commission shall be paid in accordance with Title 5 Guam Code Ann. § 43104, Uniform Compensation for Boards and Commissions.
(c) Any appointed member may be removed for misconduct in office by a resolution duly adopted by a vote of two-thirds (2/3) of the Members elected and serving in I Liheslaturan Guåhan.
(1) At the written request via a duly passed resolution of the state central committee of any political party that has recommended the appointment of a member, I Maga’lahen Guåhan immediately shall remove such member from the Commission.
(2) The seventh (7th) member chosen by the six (6) politically recommended members may be removed upon a vote by five (5) of the politically appointed members.
(3) Any vacancy resulting from the provisions of this
Subsection shall be filled as provided in Subsection (a) of
this Section.
(d) A majority of the members of the Commission shall constitute a quorum and no action of the Commission shall be authorized except upon a vote of four (4) of the members.
(e) By majority vote the Commission shall elect annually a Chairperson from among its members. The term of the Chairperson shall expire on the last day of March.
SOURCE: GC § 2050. Repealed and reenacted by P.L. 11-202 (Dec. 12,
1972). Codified as 3 Guam Code Ann. § 2101. Repealed and reenacted by P.L. 25-
146:3 (June 12, 2000), P.L. 31-255:2 (Dec. 11, 2012).
2016 NOTE: Subsection designations were added/altered to adhere to the Compiler’s codification and alpha-numeric schemes pursuant to authority granted by 1 Guam Code Ann. § 1606.
§ 2102. Executive Director: Appointment; Ex-officio
Secretary; Compensation.
(a) The Commission shall appoint an Executive Director who shall administer the election laws of Guam and shall perform and discharge all of the powers, duties, purposes, functions and jurisdiction hereunder, or which hereafter by law may be vested in the Commission in accordance with the rules of the Commission, and subject to the right of appeal to the Commission.
(b) The Executive Director shall be the ex-officio secretary for the Commission, but shall not be a voting member thereof. As such secretary, the Executive Director shall keep the minutes of the Commission’s proceedings, preserve all reports made to it, keep a record of all examinations held under its direction, and perform such other duties as the Commission shall prescribe.
(c) The Executive Director shall be a member of the unclassified service and shall receive an annual salary within a range of compensation to be prescribed by the Commission in accordance with the laws of Guam. Said Executive Director shall serve at the pleasure of the Commission; provided, however, that the Executive Director may not be removed unless that person’s removal is ratified by four (4) Commission members.
SOURCE: GC § 2050.1. Added by P.L. 11-202 (Dec. 12, 1972).Amended by P.L. 12-038 (July 27, 1973). Codified as 3 Guam Code Ann. § 2102. Amended by P.L. 25-146:4 (June 12, 2000). Repealed and reenacted by P.L. 31-255:2 (Dec. 11, 2012).