By Mar-Vic Cagurangan
Variety News Staff

TENSION filled the boardroom during the Guam Board of Medical Examiners’ meeting yesterday as members grappled with the legality of the gathering, as well as the legal issues concerning Gov. Felix P. Camacho’s decision to change the entire board membership.
GBME was also confronted with the question of the legality of the governor’s decision to sack Dr. Jerone T. Landstrom as a board member.
Despite the legal uncertainties, the board decided to elect Dr. Ricardo Eusebio, on a 4-3 vote, as the new board chairman, overthrowing Landstrom, who was reelected to the position by old members two weeks ago.    
Eusebio is one of the three new members recently appointed by the governor to the board. Eusebio and two other new appointees, Dr. Patrick Santos and Dr. Ronald Kobayashi, were sworn into office Wednesday.
Board member Dr. Joan Gil retained her position as vice chairman.
Board members struggled with the questions of the legality of the meeting, which did not meet the five-day notice and the 48-hour notice publication requirements of the law. The notice for the special meeting was unsigned. Under Guam law, any business matters that are accomplished or policy decisions made during public meetings that do not meet the proper requirements are considered null and void.
Although board members were groping for legal answers, they decided to proceed with the election of new officers.
“It’s important to follow the law but if we’re acting in good faith, we can proceed with the agenda. We have no answer to those legal questions but I don’t want us to be caught up in technicalities. If in the end this meeting is declared null and void, then it’s null and void,” Gil said.
Dr. James Staedler agreed that the meeting should be continued and the board’s election agenda be pursued.
“The law is complex not only for us but even for attorneys. We can solve this issue through practical decision. Let’s go ahead with the election and whatever we decide, we can either go to court later or have a new agreement among members,” he said.
Another question that hovered over the board had to do with the legality of the Jan. 18 walking papers that the governor sent to Landstrom, whose term expires in January 2008, and Patricia Taimanglao, who had two more years to serve on the board.
Also off the board now are Dr. Alex Chenet and Dr. Arthur Lorezel, whose terms will both expire next month, and Dr. Byung Soo Kim, whose term has expired. Only Staedler, Gil and Dr. James Murphy have retained their board seats.
Citing separate legal opinions issued by special assistant attorney general Seaton Woodley and attorney Jeffrey Cook, Landstrom maintained that he is still a member of the board.
Landstrom, who was supposed to serve a four-year term on the board, was appointed on Jan. 22, 2004 by then acting Governor Kaleo S. Moylan.
“We are the ones appointed by the governor. The only thing I am concerned about is whether or not he is still on the board. We have no information on how this should be done,” Eusebio said. “We have to recognize people who are appointed during (the governor’s) term.”
Despite Eusebio’s opposition to Landstrom’s presence at yesterday’s board meeting, the rest of the board members agreed to allow him to stay and participate in the voting process.
Staedler suggested that the board allow Landstrom to vote and deal with the legal question later.
Gil agreed, suggesting that the issue be referred to the governor for his final judgment.
“According to the law and two legal opinions, I’m still on the board and the governor doesn’t have the authority to remove me unless he has reason to do so as provided in the law,” Landstrom said.
Seaton stated in his legal opinion that Landstrom’s term is still good for another year. “The only way to relieve Dr. Landstrom prior to the expiration of his appointment, in the absence of resignation, is removal for cause.”
Cook concurred with Woodley’s opinion. In a separate legal opinion, Cook stated that although the governor has the sole appointing authority, board members are appointed for specific terms.
Cook said a board member may be removed only if he is unqualified for the job, convicted of a crime, found mentally incompetent, found in violation of the Physicians Practice Act or misses three successive board meetings.
Taimanglao did not show up at the meeting, but Seaton said the legal opinions also apply in her case.
“Are you the legal counsel for the board?” Eusebio asked Seaton.
“The attorney general sent me down here,” Seaton replied.
In an interview after the board meeting, Landstrom maintained that yesterday’s meeting would face a legal challenge later.
“I didn’t know who called the meeting. Before this meeting took place, I was still the chairman and Dr. Gil was the vice chairman and neither of us signed the notice. I was specifically told that I should not be at that meeting,” Landstrom said.
“I’d like to be sure that the mission of the board is retained and the will of the people of Guam as provided in the law that was passed is adhered to,” he added.
Eusebio, meanwhile, said the decision is “up to the governor” and that “it’s something that Dr. Landstrom has to discuss with the governor.”
“The only thing that I want to say is that the board members want to do the very best job that they can for the people of Guam, without all the media exposure. That’s the way it was before and that’s the way it should be now. We want to be left alone,” Eusebio said.