GCA Title 5, Chapter 40
5 GCA GOVERNMENT OPERATIONS CH. 40 MAYORS OF GUAM
DIVISION 4
MAYORS, WASHINGTON DELEGATE, CONSTITUTIONAL CONVENTION AND BOARDS AND COMMISSIONS
CHAPTER 40 MAYORS OF GUAM
2024 NOTE: Pursuant to 5 GCA § 1510, I Maga’hågan/Maga’låhen Guåhan means ‘Governor of Guam,’ I Maga’håga/Maga’låhi means ‘Governor,’ I Sigundo Maga’hågan/Maga’låhen Guåhan means ‘Lieutenant Governor of Guam,’ and I Sigundo Maga’håga/Maga’låhi means ‘Lieutenant Governor.’ Pursuant to 2 GCA § 1101, I Liheslaturan Guåhan/I Liheslatura means the ‘Guam Legislature/Legislature.‘
ARTICLE 1 GENERAL PROVISIONS
- § 40101. Number of Mayors and Vice Mayors.
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§ 40101. Number of Mayors and Vice Mayors.
There shall be a Mayor and/or Vice Mayor for the municipalities and villages of Guam as indicated in the following table:
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SOURCE: GC § 15000; amended by P.L. 2-076 (Feb. 18, 1954), P.L. 3-089 (July 18, 1956), P.L. 10-133 (Mar. 21, 1970), P.L. 10-167 (July 30, 1970) and P.L. 20-033:1 (Sep. 6, 1989). Amended by P.L. 28-102:2 (Apr. 14, 2006) and P.L. 37-059:1 (Jan. 30, 2024). 2024 NOTE: P.L. 2-076 (Feb. 18, 1954) amended positions in Agana Heights , and Chalan Pago and Ordot from commissioners to assistant commissioners, and removed assistant commissioner of Tamuning . P.L. 3-089 amended positions in Agana Heights , and Chalan Pago and Ordot from assistant commissioners to commissioners. P.L. 10-133 added Dededo assistant commissioner. P.L. 10-167 added Agat assistant commissioner. P.L. 20-033 renamed position to mayor. P.L. 28-102 added vice mayor positions for Agat , Mangilao , Dededo , and Yigo . P.L. 37-059 removed vice mayor for Sinajana . Reference to ’ Agana ’ replaced with Hagåtña pursuant to 1 GCA § 403(b). Reference to ’ Inarajan ’ replaced with Inalåhan pursuant to 1 GCA § 403(h). Reference to ’ Agat ’ replaced with Hågat pursuant to 1 GCA § 403(k). Reference to ’ Umatac ’ replaced with Humåtak pursuant to 1 GCA § 403(j). Reference to ’ Merizo ’ replaced with Malesso’ pursuant to 1 GCA § 403(i). Reference to ’ Santa Rita ’ replaced with Sånta Rita-Sumai pursuant to 1 GCA § 403(l). Reference to ’ Talofofo ’ replaced with Talo’fo’fo’ pursuant to 1 GCA § 403(g).
§ 40102. Definitions.
As used in this Chapter:
- (a) ‘Mayor’ means a municipal or village Mayor.
- (b) ‘Vice Mayor’ means the municipal or village Vice Mayor.
- (c) ‘Municipality’ or ‘Village’ means that area delineated in 1 GCA § 403.
- (d) ‘Council’ means that entity composed of all Municipal Mayors and Vice Mayors, herein called the Mayors’ Council.
- (e) ‘Executive Director’ means that staff person set forth in § 40107 of this Chapter.
- (f) ‘Municipal Planning Council’ means that entity appointed in their respective districts to assist the Municipal Mayor. SOURCE: GC § 15000.1 added by P.L. 14-027:1 (May 26, 1977). Amended by P.L. 20-033:1 (Sep. 6, 1989). Subsection (e) amended by P.L. 22-050:1 (Dec. 2, 1993).
§ 40103. Election.
Mayors and Vice Mayors as indicated in § 40101, shall be elected by popular vote of the area which such Mayors are to represent. In districts where there are Vice Mayors, the Mayor and Vice Mayors shall be chosen separately. SOURCE: GC § 15001 amended by P.L. 14-027:2 (May 26, 1977) and P.L. 20-033:1 (Sep. 6, 1989). COMMENT: GC § 15001.1, setting forth the boundaries of each municipality, has been transferred to 1 GCA § 403, and is now found as the definition for villages for all purposes.
§ 40103.1. Transition for Mayor and Vice Mayor.
After the Certification of Election of newly elected Mayors, and Vice Mayors, as applicable, there shall exist a transition period ending on the day of the oath of office of the newly elected Mayors and Vice Mayors. During this transition period, the incumbent Mayor, and incumbent Vice Mayor as applicable, shall provide assistance to the Mayor-elect and Vice Mayor-elect to acquaint the latter with the operations
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and functions of the Offices, including, but not limited to, pending invoices and purchase orders, office budget, financial reports, appropriations, expenditure reports, staffing pattern, financial obligations, and the inventory of equipment, furniture, and vehicles belonging to the Municipality of such Mayor. Such transition period shall be coordinated by the Executive Director of the Mayors’ Council of Guam who shall also be responsible for the transitions of each Mayoral Office. Should an incumbent Mayor and an incumbent Vice Mayor not be successful in an election, all property, equipment, and documents belonging to the Office shall not be removed by the exiting Mayor or Vice Mayor. SOURCE: Added by P.L. 29-031:4 (Oct. 25, 2007), amended by P.L. 30-047:3 (July 14, 2009).
§ 40104. Terms of Office.
There shall be an election of Mayors and Vice Mayors at the regular general election in November, 1952, and at the regular general election in every fourth year thereafter, and they shall serve for a period of four years. SOURCE: GC § 15002 amended by P.L. 4-001 (Feb. 13, 1957) and 20-033:1 (Sep. 6, 1989).
§ 40105. Mayors’ Council.
There is established a Mayors’ Council comprised of all Mayors and Vice Mayors. The Officers of the Council shall consist of a President, Vice President, Secretary, Treasurer and a Sergeant-at-Arms. Elections shall be held every two (2) years, with the first election to be conducted on the first Tuesday in January following the General Election. The Council shall adopt its own rules and by-laws; provided, that such rules and bylaws do not impede, restrict or in any way limit the authority of each Mayor within his district. Such rules and by-laws may be amended or revised from time to time upon a vote of two-thirds (⅔) of the membership of the Council. A quorum of the Council shall consist of not less than sixty percent (60%) of the members, and no action of the Council shall be effective unless it shall be adopted by a majority of the membership. SOURCE: GC 15003. Repealed and reenacted by P.L. 14-027:3 (May 26, 1977), effective May 26, 1977. Amended by P.L. 20-033:1 (Sep. 6, 1989); P.L. 22-050:2 (Dec. 2, 1993); P.L. 31-241:1 (Dec. 6, 2012).
§ 40106. Staffing for Villages.
The Mayors’ Council shall hire two (2) employees per Mayor, at the request of the Mayor, to do maintenance work in the village parks and community centers. The employees shall be unclassified employees. Two (2) employees shall be assigned to each village to work under the supervision of the Mayor and Vice Mayor. SOURCE: GC 15003.1 added by P.L. 18-015:X:17 (Sept. 28, 1985). Amended by P.L. 20-033:1 (Sep. 6, 1989).
§ 40107. Council Staffing.
(a) Subject to budgetary limitations, the Council may hire personnel necessary to carry out the purposes of this Chapter. The staff shall include an Executive Director, who shall be the Executive Secretary of the Council, who shall be responsible for the day-to-day operations of the staff and shall also be the Certifying Officer for the Council and the nineteen (19) municipal funds. The Executive Director shall be responsible for the transitions of each Mayoral Office subject to § 40103.1 of this Chapter. The Executive Director shall, during such transition, provide to all Mayors and Vice Mayors a compilation of laws applicable to such office detailing the duties, responsibilities, sources of funding, limitations, and powers of the Office of the Mayor. The staff of the Council shall be paid such compensation as shall be determined by the Civil Service Commission within ninety (90) days of the enactment of this Section; provided, however, that such compensation shall be comparable to equivalent position classifications within the government of Guam.
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(b) Executive Director; unclassified. The position of Executive Director shall be in the unclassified service and he shall serve at the pleasure of the Council. SOURCE: GC § 15004 repealed and reenacted by P.L. 14-027:3 (May 26, 1977). Repealed and reenacted by P.L. 22050:3 (Dec. 2, 1993). Subsection (a) amended by P.L. 30-047:4 (July 14, 2009). CROSS-REFERENCES: See 5 GCA § 30117 for provision for attorney (Attorney General) of the Mayors’ Council. COMMENT: Effective January 1, 2006, the Civil Service Commission’s duties herein were effectively transferred to the Director of Administration pursuant to P.L. 28-068:IV:45 (Sept. 30, 2005).
§ 40108. Mayors and Vice Mayors: Qualifications.
The Mayors’ and Vice Mayors’ of Guam shall be citizens of the United States who have attained the age of twenty-one (21) years and shall not have been convicted of a felony or any crime involving moral turpitude. Each Mayor and Vice Mayor candidate must be registered to vote in and have resided within the municipality or area which they are to represent for a period of one (1) year immediately preceding the date of any special or general election at which they are candidates for election and shall continue to reside therein throughout their term of office. SOURCE: GC § 15005 amended by P.L. 11-176 (Oct. 10, 1972), P.L. 14-027:4 (May 26, 1977) and P.L. 20-033:1 (Sep. 6, 1989). Final sentence amended by P.L. 22-050:4 (Dec. 2, 1993).
§ 40109. Compensation.
(a) The compensation of the Chief Mayor, Mayors and Vice Mayors shall be that provided in 4 GCA § 6206. (b) From the date of enactment of this Subsection (b) and until the end of Fiscal Year 2003, the Chief Mayor, Mayors, and Vice Mayors are authorized to reduce their salaries down to eighty percent (80%) of the amount as computed according to Subsection (a) of this Section, for a maximum reduction of twenty percent (20%). (c) A village mayor or vice-mayor who has retired from the government of Guam who is eligible to receive retirement benefits from the Government of Guam Retirement Fund under either the Defined Benefit Plan created by Title 4 GCA Chapter 8, Article 1, or the Defined Contribution System created by Title 4 GCA Chapter 8, Article 2, shall not relinquish, forfeit or have such benefits suspended during the periods said official holds his respective office; provided, however, that such a mayor or vice mayor, if he is a member of the Defined Benefit Plan, shall not be deemed an active member of that Plan during his service in that office, and shall be eligible to contribute to the Defined Contribution System. SOURCE: GC § 15006 modified to reflect current code citations. Amended by P.L. 20-033:1 (Sep. 6, 1989); P.L. 27005:IV:10, effective Feb. 28, 2003. Subsection (c) added by P.L. 28-141:10 (July 18, 2006), retroactive to Oct. 1, 2005 pursuant to P.L. 28-141:11.
§ 40110. Vacancies.
(a) Vice Mayors. A vacancy in the office of the Vice Mayor less than two hundred forty (240) days before the date of the next general election for Mayors and Vice Mayors shall be filled for the unexpired term by a majority vote of the municipal planning council of the municipality in which the vacancy occurs, subject to the advice and consent of I Liheslatura . (b) Mayors. If by reason of death, resignation, removal from office, inability or failure to perform, there shall be a vacancy in the office of the Mayor less than two hundred forty (240) days before the date of the next general election for Mayors and Vice Mayors, it shall be filled by the Vice Mayor in a municipality where there is a Vice Mayor, and there shall be a vacancy in the position of Vice Mayor until the end of the term. In a municipality where there is no Vice Mayor and the vacancy is less than two hundred forty (240) days before the date of the next general election for Mayors and Vice Mayors, the vacancy shall
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be filled by a majority vote of the municipal planning council of the municipality in which the vacancy occurs, subject to the advice and consent of I Liheslatura . SOURCE: GC § 15007. Amended by P.L. 4-002:3 (Feb. 11, 1957), P.L. 14-027:5 (May 26, 1977); Subsection (b) amended by P.L. 15-074:1 (Oct. 24, 1974) and P.L. 20-033:1 (Sep. 6, 1989). Repealed and reenacted by P.L. 22-050:5 (Dec. 2, 1993). Subsection (a) and (b) amended by P.L. 30-160:1 (July 14, 2010), and P.L. 32-129:4 (Feb. 10, 2014). Subsection (c) repealed by P.L. 32-129:3 (Feb. 10, 2014).
§ 40111. Term of Office; Commencement.
(a) Term of office; commencement. The term of office of Mayors and Vice Mayors shall commence on the first Monday in January following their election, and upon taking of the Oath of Office, and shall expire at on the first Monday in January following the next regular general election of Mayors and Vice Mayors and upon the taking of the Oath of Office of the incoming Mayor and Vice Mayor. (b) Ceremony. The Oaths of Office shall be taken by the respective Mayors and Vice Mayors at the time their terms commence and the Executive Director of the Mayors’ Council (the Council) shall organize a suitable ceremony at which such oaths of office shall be administered by a Judge of the Superior Court or an outgoing Mayor or Vice Mayor. The Council shall determine the site of such ceremony and is authorized to expend thereon not to exceed Twenty-Five Thousand Dollars ($25,000.00) from its annual budget. The Council (or its authorized representative) is hereby authorized to solicit monetary and in-kind donations for the purposes of defraying the cost of the ceremony. SOURCE: GC § 15008. Amended by P.L. 4-002:4 (Feb. 11, 1957), and P.L. 20-033:1 (Sep. 6, 1989). Subsection (b) added by P.L. 20-183:3 (May 30, 1990) and amended by P.L. 31-241:2 (Dec. 6, 2012). Subsection (a) amended by P.L. 37-068:2 (Mar. 6, 2024). 2024 NOTE: In past publications of the GCA, this provision was entitled ‘Term of Office; Ceremony.’ Review of legislation revealed that this provision had not been renamed; therefore, the title has been corrected.
§ 40112. Powers, Duties and Responsibilities.
A Mayor shall perform the following duties and responsibilities in his district: (a) Serve as the direct administrative representative of the people of the district from which he is elected. (b) Plan and implement a street name and house numbering system. (c) Oversee, coordinate or undertake beautification programs including a clean-up and removal of public nuisance and debris, and, to this end, is hereby authorized to officially utilize, establish regular and consistent working relations and effectively coordinate with the Department of Public Works, the Department of Parks and Recreation and any other entity within the government of Guam and may also work with non-profit organizations. (d) In cooperation with the appropriate department or agency conduct or cause to