Board meeting could result in legal challenge

by Mindy Aguon

Guam - Senator Rory Respicio says although the governor may attest to the actions that may be taken tonight by his organically appointed board, it still could open the door for a legal challenge. You may recall on session floor last week, Senator Respicio made mention of a resolution that had been prepared by Vice Speaker B.J. Cruz to take the issue to the Supreme Court of Guam.

Lawmakers in their debate on Bill 127 had warned that should the governor's appointees meet before they are confirmed it could result in legal action. Respicio said, "Even though the governor will attest to their actions the very fact that they're going to meet and their presence is going to count toward making quorum that speaks to whether or not the governor has the Organic Act authority to empanel the board in the first place.

"And so it's not just a matter of the governor attesting to their actions that will satisfy that requirement it's the fact that the board is going to meet and if their attendance is used to make quorum, it's just problematic all around."

The legislative resolution must be approved by the legislative body and it seeks to petition the Supreme Court for declaratory judgment to clarify whether the governor has authority to empanel board of trustees.