AG: Yona village council appointment valid, senators can help fill mayoral vacancies

Two attorney general opinions related to Yona's leadership could pave the way for senators to override a governor's veto of a mayoral vacancy bill, and for the new Yona Municipal Planning Council to soon take their oath of office. 

Attorney General Leevin Camacho issued the opinions Thursday night, hours after Yona Mayor Jesse M. Blas resigned from his post and agreed to plead guilty to a federal extortion charge.

Blas' appointment of the Yona Municipal Planning Council, while the then-mayor was in jail, "appears to be valid," Camacho wrote.

That's because at the time of the appointments, Blas had not been removed from office, he had not resigned, and none of the grounds for vacancy under Guam law existed, the attorney general said.

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"Despite his pretrial incarceration and leave status, his status as a mayor of Yona was unchanged. There appears to be no legal authority limiting or proscribing his ability to exercise his statutory authority and, therefore, his appointment of members to the Yona MPC appears to be valid," the attorney general said.

Vice Speaker Telena Nelson asked the attorney general for an opinion, after Blas, while in federal detention awaiting trial on extortion and bribery charges, appointed 10 members to the Yona Municipal Planning Council.

The municipal council serves as the Yona mayor's team of advisers, who also have the power to appoint an acting mayor should there be a temporary vacancy.

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Among Blas' 10 appointees were Sen. Jose "Pedo" Terlaje, who later declined the appointment because of a potential conflict of interest. Terlaje, a former three-term Yona mayor, is chairman of the legislative committee with oversight of mayors.

Mayors' Council of Guam Executive Director Angel Sablan had said that the Yona Municipal Planning Council will be sworn into office once the attorney general issues an opinion upholding the validity of Blas' appointments.

Override attempt

Nelson also asked the attorney general for an opinion on whether or not the Legislature can determine the manner of filling vacancies in the offices of mayor and vice mayor, in the absence of any express limitations in the Organic Act.

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"The answer is yes," the attorney general wrote.

Nelson had said that any attempt to mount an override of Gov. Lou Leon Guerrero's veto of the Yona leadership succession bill depends on the AG's opinion on the bill.

While 15 senators voted yes on Nelson's Bill 259 because of a Yona leadership concern, the bill applies to all mayoral offices on Guam.

The governor vetoed the bill, saying its provisions encroach on the governor's core function to appoint and remove executive branch officers as provided by the Organic Act.

Bill 259, co-sponsored by Sen. Jose "Pedo" Terlaje, seeks the appointment of an acting mayor by the Municipal Planning Council, if there's no vice mayor and if the reason for the temporary vacancy isn't among the items in the law such as death, resignation or conviction.

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"It is our opinion that the Legislature can determine the manner of filling vacancies in municipal offices of mayor and vice mayor without impermissibly encroaching upon the governor's power of appointment in the Organic Act," the attorney general wrote.

Senators introduced a handful of bills to help address mayoral office vacancies and leadership succession several weeks after Blas was indicted on charges of extortion and bribery on Sept. 18. Blas has been in federal detention since.

Reporter Haidee Eugenio Gilbert covers Guam's Catholic church issues, government, business and more. Follow her on Twitter @haidee_eugenio. 

This article originally appeared on Pacific Daily News: AG: Yona village council appointment valid, senators can help fill mayoral vacancies