Guam - The attorney general has deemed a public law that created the Guam Memorial Hospital Board of Trustees Nominating Council inorganic. In a 14-page opinion, Attorney General Leonardo Rapadas concluded that the Guam Legislature may not negate the command of the Organic Act that the ultimate responsibility for the governance of the hospital be in the governor. 

Public Law 30-190 created a trustees nominating council to identify, recruit, evaluate and nominate all qualified candidates for membership on the board of trustees.  It also provided for a board of trustee to be removed by a vote of five members.  Last month Governor Eddie Calvo invoked his Organic Act authority and fired the hospital board and management. 

Last Friday he empanelled the new board but healthcare committee chair Senator Dennis Rodriguez, Jr. expressed concerns about the board's authority referring to PL-30-190 that required the trustees to come from the nominating council.  AG Rapadas, however, determined that the provisions of GMH's revised statute limiting the governor's powers of appointment and removal of board of trustees are inorganic.