Resignation; Vacancies; Disqualification

(a)No Courtesy Resignations. After a gubernatorial election in which there is a change of administration of the government of Guam, courtesy resignations by Trustees elected to the Board of Trustees shall not be requested nor expected by the new administration.

(b)Vacancies.

(1)If there ever shall be a vacancy before the end of the term in any of the Offices 1 through 4, then the balance of the unexpired term of those offices shall be filled by the candidate(s) who received the next highest number of votes in the election in which the vacating Trustee was elected. CH. 8 RETIREMENT OF PUBLIC EMPLOYEES

(2)Should there be no eligible and willing candidate(s) to fill any vacancies in Offices 1 through 4, then the Board of Trustees, through a majority vote, shall select an “Interim Member” to serve.

(A)The Interim Member must meet all required qualifications for the specific Office to which they are appointed.

(B)Interim Members have the same rights and voting privileges as elected and appointed members with the exception of their term of service.

(i)If the length of the term remaining for the specific vacated Office is one

(1)calendar year or less from the date of the vacancy, then the Interim Member shall serve until the end of the term.

(ii)If the length of the term remaining for the specific vacated Office is greater than one

(1)calendar year, then the Guam Election Commission shall conduct an election to fill the vacancy or vacancies in accordance with the provisions of this Article. In such case, the Interim Member shall serve until a Trustee is selected and certified through the election process, at which point the Interim Member is considered to have resigned.

(c)Disqualification Upon Change in Status. If the status of a Trustee changes after election, or after appointment and confirmation by I Liheslaturan Guåhan (e.g., an Elected Retiree or Elected Active Member or Appointed Resident no longer qualifies as such), then that change in status shall disqualify the Trustee from remaining in his or her respective office for the remainder of that term of office, and the Trustee shall be deemed to have resigned thirty

(30)days following the event triggering the disqualification. Said disqualification shall not be the sole cause for invalidating actions taken prior to the deemed resignation date. The vacancy created by such deemed resignation shall be filled as described in (b), above.

(d)Convicted Persons Disqualified. A person convicted of a felony or a crime of moral turpitude shall be ineligible for appointment or election to, and shall be disqualified from service on, the Board of Trustees. Conviction of a felony or a crime of moral turpitude while in office shall be deemed automatically to constitute immediate resignation as a Trustee, without the need for any action by the Board of Trustees to effect that resignation.