Speaker: Continuity of Government Crisis a Real Concern of Senators Monitoring Corruption Scandal

Guam legislative Speaker Frank Blas, Jr. is growing increasingly concerned that the corruption scandal embroiling Lt. Governor Joshua Tenorio could become a crisis in the continuity of government. In an exclusive interview with Kandit Wednesday evening, the Republican said a vacancy in the office of lieutenant governor would be unprecedented should Mr. Tenorio resign, or be removed from office.

As of Wednesday, he confirmed the Republican caucus, which is in charge of the legislative branch, has yet to meet to adopt a position – if one will be adopted – as to whether Mr. Tenorio should resign or, if he does not, to pass a recall resolution in the legislature.

“While there hasn’t been a caucus discussion on that specifically, there are individual concerns of continuity of government and the distraction it may be causing in the front office to focus,” Mr. Blas confirmed.

The speaker is not only concerned with Mr. Tenorio’s ability to exercise his sworn duties while encumbered by his family’s legal troubles. He and other senators, he said, are concerned that if Adelup does not handle the scandal correctly, even Governor Lou Leon Guerrero will be unable to effectively run the executive branch.

“There are many important issues the executive branch must attend to,” Mr. Blas said, adding that he was scheduled to meet with Vice Speaker Tony Ada Wednesday evening to discuss the matter further.

Governor Lou Leon Guerrero is not expected to return to Guam until Tuesday, the speaker said.

What Happens If a Permanent Vacancy Occurs In the Office of the Lieutenant Governor?

Ms. Leon Guerrero has not publicly spoken about the scandal, and Mr. Tenorio has released a video statement that does not indicate any thought of his resignation despite mounting public pressure for him to leave office because of the corruption scandal. According to 48 U.S.C. 1422a of the Organic Act of Guam, the lieutenant governor can be removed from office by voters in a recall election. A recall election can be triggered in one of two ways.

The first option is for two-thirds of the legislature, or 10 senators, to pass a resolution calling for a recall election. The other option allows for a “petition for such a referendum to the legislature by registered voters equal in number to at least 50 per centum of the whole number of votes cast at the last general election at which such official was elected preceding the filing of the petition.”

The lieutenant governor automatically will be removed from office if, at the recall election, at least “two-thirds of the number of persons voting for such official in the last preceding general election at which such official was elected vote in favor of recall and in which those so voting constitute a majority of all those participating in such referendum election.”

In the last gubernatorial general election, 18,623 people voted for the team of Lou Leon Guerrero and Joshua Tenorio, according to the Guam Election Commission’s statistical report published last year.

In the case of a potential recall election of Mr. Tenorio, at least 12,416 (two-thirds of 18,623) people would need to vote to remove Mr. Tenorio from office. And that number of voters – 12,416 – would need to be at least 50 percent plus one of the total number of voters at the recall election. The threshold to recall would have to be higher if there are more than 24,833 people who vote at such a recall election.

The Organic Act also provides for succession to the office of lieutenant governor in the event Mr. Tenorio resigns, is removed from office, or otherwise permanently vacates the office.

“In case of a permanent vacancy in the office of Lieutenant Governor, arising by reason of the death, resignation, or permanent disability of the Lieutenant Governor, or because the Lieutenant Governor or Lieutenant Governor-elect has succeeded to the office of Governor, the Governor shall appoint a new Lieutenant Governor, with the advice and consent of the legislature, to hold office for the unexpired term and until he or his successor shall have been duly elected and qualified at the next regular election for Lieutenant Governor.” – 48 U.S.C. 1422b(d)