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Terms Used In 5 Guam Code Ann. § 85103

  • 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.
  • 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.
(a) Board. The Council shall be governed by a governing board as hereafter constituted and provided.

(b) Composition. The governing board shall consist of thirteen (13) members, twelve (12) of whom shall be appointed by I Maga’lahi (the Governor) with the advice and consent of I Liheslatura (the Legislature). The thirteenth (13th) member shall be appointed by I Maga’lahi from among the members of the Mayors Council of Guam, and shall not be subject to the advice and consent of I Liheslatura. I Maga’lahi, when making initial appointments, shall designate six (6) members to serve for two (2) year terms, and six (6) members to serve for four (4) year terms.Subsequent appointments shall be for terms of four (4) years, except that when a vacancy occurs, it shall be filled by appointment of I Maga’lahi with the advice and consent of I Liheslatura for the remainder of the vacating member’s term.

(c) Qualifications. With the exception of the one (1) member who shall be appointed from among the members of the Mayors Council of Guam, members of the governing board shall be appointed from among male and female residents of Guam, selected at-large, who have recognized the professional interest and experience in or who are widely known for their interest in the arts and humanities. The governing board shall have at least two (2) members to represent the following areas: performing arts, visual arts, literature and folk arts.

(d) Disqualifications. While serving in office, no member of the governing board or any of its committees, panels or advisory groups shall be eligible to receive in his or her own name a grant, loan or other form of assistance from the Council.

(e) Meetings. The governing board shall meet at least monthly, at such times and in such places in Guam as the governing board establishes (or by the chairperson when the Board does not act), to transact such business as the governing board determines. A quorum of the governing board shall consist of a majority of members duly appointed and qualified. The chairperson shall be counted for a quorum but shall vote only in case of a tie. Members of the governing board shall serve without compensation, but each member shall be reimbursed for expenses incurred in the performance of official duties.

(f) Officers. The governing board shall elect from among its members a chairperson and a vice-chairperson, both to serve in those capacities no longer than the term of office as a governing board member. The chairperson shall preside at all meetings of the governing board, shall act as the spokesperson of the governing board and perform such other duties as the governing board shall direct. The vice-chairperson shall succeed to the duties of the chairperson in the absence or inability of the chairperson. From among its members, the governing board shall annually select a secretary of the governing board and any other officers which the governing board may deem necessary.(g) Compensation. While serving in office and attending meetings, members shall receive a stipend of Fifty Dollars ($50) per meeting, but not more than One Hundred Dollars ($100) in any one calendar month.

SOURCE: GC § 65002. Subsection (g) added by P.L. 20-214:4. Subsections (b) and (c) amended by P.L. 32-224:1:2 (Dec. 29, 2014).