CourtGPT is an AI-powered legal technology platform that provides attorney directory services, legal research tools, and intelligent legal assistance for individuals and law firms.

How can I find an attorney on CourtGPT?

You can search our comprehensive attorney directory by location, practice area, or attorney name. Our AI-powered search helps match you with the right legal professional for your needs.

Is CourtGPT free to use?

CourtGPT offers a free tier with access to attorney directory and basic legal research. Premium features are available for law firms and legal professionals.

What legal resources does CourtGPT provide?

CourtGPT provides access to state laws and regulations, attorney profiles, legal blog articles, AI-powered legal research assistance, and marketing tools for law firms.

How does CourtGPT help law firms?

CourtGPT helps law firms with attorney profile listings, lead generation, marketing solutions, and AI-powered tools to enhance their practice and reach more clients.

What AI features does CourtGPT offer?

CourtGPT offers AI-powered legal research, intelligent document analysis, case law search, statute interpretation, and automated legal content generation for law firms.

How much does CourtGPT cost?

CourtGPT offers a free plan for basic access, Professional plan at $499/month with advanced features, and Enterprise plan at $999/month for large law firms.

CourtGPT logo

5 GCA GOVERNMENT OPERATIONS CH. 43 BOARDS & COMMISSIONS 1 CHAPTER 43 BOARDS & COMMISSIONS NOTE: This Chapter contains those provisions of law, form erly scattered throughout the Government Code, dealing w ith Boards and Commissions in general. Many Boards are created by local statute, some by local Executive Order and others by Executi ve Order pursuant to federal requirements. Each board create d 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. Board Members Prohibited from Procurement. § 43102. Former Members’ Appointment to Board Limit ed. § 43103. Multiple Board Membership Prohibited. § 43104. Uniform Compensation for Boards & Commissi ons. § 43105. Travel for Board & Commission Members. § 43106. Removal from Office for Absences. § 43107. Quarterly Attendance Report Required. § 43108. Conduct of Meetings. § 43109. Representation of Sexes. § 43110. Appointments. § 43112. Conflict of Interest of Members. § 43113. Rulemaking. § 43114. Employee Salary Ceiling. § 43115. Annual Reports.

Conduct of Meetings. § 43109. Representation of Sexes. § 43110. Appointments. § 43112. Conflict of Interest of Members. § 43113. Rulemaking. § 43114. Employee Salary Ceiling. § 43115. Annual Reports. § 43116. Boards and Commissions Educational Progra ms. § 43117. Boards and Commissions Training. [Repeale d.] § 43118. Boards and Commissions Appreciation Day. § 43119. Certain Boards & Commission Abolished if N ot Meeting. [Repealed] § 43120. Secret Voting Prohibited. Vote Required. § 43121. Use of Video Teleconferencing at Meetings. § 43122. Use of Video Live Streaming at Meetings. COL9/7/20215 GCA GOVERNMENT OPERATIONS CH. 43 BOARDS & COMMISSIONS 2 § 43101. Board Members Prohibited from Procurement. Notwithstanding any other provision of law, any mem ber of any elected or appointed board or commission shall be prohibited from acting or participating in discussion on any m atter in which he is a principal, has a financial interest in, or acts as an agent for anyone other than the government of Guam. Interest s held in blind trust shall not be exempt from this provision . The member shall be prohibited from influencing any determinat ion made by the board or commission on which the

nment of Guam. Interest s held in blind trust shall not be exempt from this provision . The member shall be prohibited from influencing any determinat ion 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, recommenda tion, the rendering of advice, investigation or otherwise, or which is the subject of the member’s official responsibility, wh ere the government of Guam is a party or has a direct and s ubstantial interest. Said prohibition shall be applicable dur ing 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 Limit ed. Until the expiration of two years from the date of an election in which he was a candidate, no person who is a can didate 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 per son was a member of such

ublic 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 per son was a member of such Board or Commission during the twelv e 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. COL9/7/20215 GCA GOVERNMENT OPERATIONS CH. 43 BOARDS & COMMISSIONS 3 § 43104. Uniform Compensation for Boards and Commissions. (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 no t to exceed One-Hundred Dollars ($100.00) per month. Civil Serv ice Commissioners shall, without limitation, each recei ve Fifty Dollars ($50.00) for every meeting attended to adju dicate appeals, complaints, grievances or other disputes, or to per form rule- making functions as provided in statute, rule or re gulation.

Fifty Dollars ($50.00) for every meeting attended to adju dicate appeals, complaints, grievances or other disputes, or to per form rule- making functions as provided in statute, rule or re gulation. (b) Effective October 1, 1995, all members of any b oards or commissions of the government of Guam, except for t he Territorial Board of Education, who serve on the bo ard 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. 23- 45:IV:10. Repealed and reenacted by P.L. 24-59:V:13 . 2018 NOTE: Subsection designations added pursuant to authori ty by 1 GCA § 1606. COMMENT: 1. GC § 6911 was added as the last section in a str ing of 32 sections affecting compensation for members of boar ds and commissions. The preceding 31 sections amended each board or com mission found in law at that time to fix the amount as stated in thi s section. It appears that the Legislature intended all boards and commissions to have the same compensation, that provided in

com mission found in law at that time to fix the amount as stated in thi s section. It appears that the Legislature intended all boards and commissions to have the same compensation, that provided in this section, even i f the board or commission was inadvertently omitted from P.L. 15-1 48, or established by Executive Order. Certain commissions established si nce that time (January 1981) have different compensation. 2. P.L. 16-44:21 stated: 'No person who is a membe r of any board or commission within the government shall be compen sated 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 commissi on members, see 5 GCA § 23104.) COL9/7/20215 GCA GOVERNMENT OPERATIONS CH. 43 BOARDS & COMMISSIONS 4 § 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 commis sion shall constitute a cause for removal of the member from t he board or commission, and

absences of a member of a board or commission from three consecutive regular meetings of the board or commis sion shall constitute a cause for removal of the member from t he board or commission, and the Governor may thereupon remove s uch a member from the board or commission. The determinat ion of whether a member’s absence is excused or unexcused shall be made by the other members of the same board or comm ission. SOURCE: GC § 6911.1 added by P.L. 16-67. § 43107. Quarterly Attendance Report Required. The chairman of each board or commission shall subm it a quarterly report on the attendance of the members o f the board or commission to I Maga’lahi (the Governor) and I Liheslatura (the Legislature), and shall also post the attendance re ports on the agency, board, or commission website. SOURCE: GC § 6911.2 added by P.L. 16-67. Amended by P.L. 3 1-032:1 (Apr. 18, 2011). § 43108. Conduct of Meetings. (For the law governing the conduct of meetings in g eneral, see 5 GCA Chapter 8, the Open Government Law. For s pecific quorum requirements, see the law governing each spe cific board or commission.) § 43109. Representation of Sexes.

of meetings in g eneral, see 5 GCA Chapter 8, the Open Government Law. For s pecific quorum requirements, see the law governing each spe cific 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.) COL9/7/20215 GCA GOVERNMENT OPERATIONS CH. 43 BOARDS & COMMISSIONS 5 § 43113. Rulemaking. (For the laws governing rulemaking by boards and commissions -- and others within the Executive Bran ch -- 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, espe cially the Department of Education.) 2009 NOTE: P.L.

e 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, espe cially 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 S ystem. P.L. 30- 050:2 (July 14, 2009) reverted the name to the Depa rtment of Education. § 43115. Annual Reports. (For law requiring annual reports from each board a nd commission, see 5 GCA § 1507.) § 43116. Boards and Commissions Educational Program s. (a) Development of Training and Curriculum. Each bo ard or commission shall have an educational program est ablished 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 statute s, executive orders, and rules and regulations which govern the board or commission and their respective areas of purview. E ach educational program shall be established, within ni nety (90) days of the enactment of this Section, by the Director o f the agency with which the board or commission is associated, o r his designee; or, if there

rogram shall be established, within ni nety (90) days of the enactment of this Section, by the Director o f the agency with which the board or commission is associated, o r his designee; or, if there is no such agency, then I Maga’lahi (the Governor), or his designee. Each educational program shall be upd ated, as needed, no less than annually, to reflect any chang es to procurement laws, applicable statutes, and rules an d 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 applica ble educational program. The Director, or his designee, shall conduct the training sessions at a time and location to be determined by the COL9/7/20215 GCA GOVERNMENT OPERATIONS CH. 43 BOARDS & COMMISSIONS 6 Director, in compliance with the Americans with Dis abilities Act and other relevant statutes. (b) Education of Current Board and Commission Membe rs. Each current member of a board or commission shall complete the applicable educational program within thirty (30) d ays of the establishment of the program. (c) Education of New Board and Commission Members.

rent member of a board or commission shall complete the applicable educational program within thirty (30) d ays of the establishment of the program. (c) Education of New Board and Commission Members. Each new member of a board or commission shall comp lete the applicable educational program within thirty (30) d ays 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 c ommission 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. Fa ilure 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 ne w member to fill the vacancy, pursuant to § 2101 of Chapter 2, Title 4, Guam Code Annotated. Actions of a board or commission sh all 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).

am Code Annotated. Actions of a board or commission sh all 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, 199 8), entitled 'Development of Boards and Commissions Tra ining Program.' Repealed by P.L. 28-076:7 (Nov. 25, 2005), effectiv e 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. 2 8-076:9. § 43118. Boards and Commissions Appreciation Day. I Maga’lahen Guåhan [Governor of Guam] shall designate, preferably during the month or week in which volunt eers are COL9/7/20215 GCA GOVERNMENT OPERATIONS CH. 43 BOARDS & COMMISSIONS 7 recognized, one (1) day per year for recognition an d appreciation of individuals serving on all boards and commission s. SOURCE: Added by P.L. 24-191:4. § 43119. Certain Boards & Commission Abolished if N ot Meeting. [Repealed.] SOURCE: Added as an uncodified law by P.L. 26-76:56 (Mar. 1 2, 2002) . Repealed by P.L. 30-113:1 (Mar. 11, 2010).

24-191:4. § 43119. Certain Boards & Commission Abolished if N ot Meeting. [Repealed.] SOURCE: Added as an uncodified law by P.L. 26-76:56 (Mar. 1 2, 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 S ystem. P.L. 30- 050:2 (July 14, 2009) reverted the name to the Depa rtment 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 i n secret or by secret ballot. This provision shall not apply to the Guam Parole Board. (b) All members present are required to vote on eve ry action or resolution of the board, for which a vote is cal led, unless the member is excused for cause by a majority of the me mbers 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 teleconferen cing.

ded 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 teleconferen cing. The board or commission member shall submit a written r equest to participate in regular and special meetings via vid eo teleconferencing to the Chairperson. Such request s hall 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 telec onferencing for their members, in consultation with the Office of T echnology (OTECH) and the Office of the Attorney General, in accordance COL9/7/20215 GCA GOVERNMENT OPERATIONS CH. 43 BOARDS & COMMISSIONS 8 with their individual missions and functions, and i n accordance with existing statute, specifically the Open Govern ment Law, contained in Chapter 8 of this Title. (d) Executive sessions and due process hearings sha ll 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.

. (d) Executive sessions and due process hearings sha ll 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 applicati ons. (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 T echnology (OTECH) and the Office of the Attorney General, in accordance with their individual missions and functions, and i n accordance with existing statute, specifically the Open Govern ment Law, contained in Chapter 8 of this Title. (c) Boards and commissions shall provide instructio ns 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. 36- 034:5 (June 11, 2021), effective 30 days after enac tment. ---------- 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.

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 t he COL9/7/20215 GCA GOVERNMENT OPERATIONS CH. 43 BOARDS & COMMISSIONS 9 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 Eco nomic Development and Commerce Authority, the Civil Servi ce Commission, the Department of Chamorro Affairs, the Chamorro Land Trust Commission, the Ancestral Lands Commission, the Guam Memorial Hospital Authority, t he Guam Educational Telecommunications Corporation, th e 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.

orporation, th e 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 Utilit ies, the Board of Directors, the Council, the Commission, or the Board with the statutory authority to select the Ch ief Executive of the agency, instrumentality, or entity for which it determines policy. Chief Executive shall mean t he Senior Manager who heads an agency, including, but not lim ited to, the Superintendent of Education, Director, Executiv e 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 t he 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 S ystem. P.L. 30- 050:2 (July 14, 2009) reverted the name to the Depa rtment of Education.

OTE: P.L. 28-045:10 (June 6, 2005) changed the name of the Department of Education to the Guam Public School S ystem. P.L. 30- 050:2 (July 14, 2009) reverted the name to the Depa rtment of Education. COL9/7/20215 GCA GOVERNMENT OPERATIONS CH. 43 BOARDS & COMMISSIONS 10 § 43202. Performance Reviews of Agency Heads. The governing Boards for all agencies, instrumental ities, or entities shall issue performance reviews of the Chi ef Executive selected for that agency six (6) months after appoi ntment of the said Chief Executive and every twelve (12) months t hereafter that the Chief Executive is retained by the Governing Bo ard. Each performance review shall document the Chief Executi ve’s performance, accomplishments, and the respective Go verning Board’s reasons for retaining the said Chief Execut ive. 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 sha ll be made public and the availability of these reviews s hall be published by the respective Governing Boards issuin g the aforementioned reviews by newspaper of general circ ulation or by radio or television which is

nd the availability of these reviews s hall be published by the respective Governing Boards issuin g the aforementioned reviews by newspaper of general circ ulation or by radio or television which is reasonably calculated to provide notice of the facts it announces to the public at l arge 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). ---------- COL9/7/2021