Guam Attorney General Opinions

October 10, 2025 REF No. AG 25-0508 Mr. Edward M. Birn Director Certifying Officers Department of Administration ITC Building Suite 224 590 S Marine Corps Drive Tamuning, Guam 96913 Subject: 5 GCA § 30107 AG Legal Opinion; GovGuam Leave Utilization Hafa Adai Director Birn & Certifying Officers: The Office of the Attorney General reviewed a number of provisions of Public Law No. 38-60. Section 32 addresses “Excess Annual Leave for Nurses, Employees Working in Nursing Services, and Peace Officers.” We

April 22, 2025 REF No. AG 25-01 90 Mr. Thomas Paulino General Accounting Supervisor Office of the Attorney General Bank of Hawaii Bldg, Ste.412, Hagâtna, Guam Subject: Legal Opinion Request Contract between the Tropical Palm Hotel - and the Office of the Attorney General Buenas Mr. Paulino: We have received your inquiry on April 17, 2025, requesting a legal opinion concerning the following: OPINION REQUEST Is

OFFICE OF THE GOVERNOR GUAM LEG$LATURE CENTRAL FILES OFLCE Reuci Hy: l1a.ne TajaLI Protocol Office [1 c l242q CEIV 4’[ Office of the Compile t A ‘ • TIflW /‘(]AM IPM

GUAM LtG2SLATUR OFFICE OF THE GOVERNOR ‘ Protocci Office CENTRAL FILES OFFICE Recd Date. I tnie RECEI’V I) UE1’PM Office of the

Ref: DOA 24-0330 July 29, 2024 Memorandum To: Health Insurance Negotiating Team (hereinafter, “HINT” From: Joseph A. Guthrie, Chief Deputy Attorney General Subject: Multiyear contract with Third Party Administrator The proposed Request for Proposal issued in the FY 2025 Group Health Insurance Program Request for Proposal (hereinafter, “Proposed RFP”) provides, in Section E. Duration of Contract, the following: Duration of Contract The duration of any contract resulting from this RFP shall be one of the following a

Ref: DOA 24-0330 July 29, 2024 Memorandum To: Health Insurance Negotiating Team From: Chief Deputy Attorney General Opinion: 1) Whether the Government of Guam can enter into an exclusive contract with a third party administrator (tpa); 2) Whether the Government of Guam can enter into a multi-year contract with a tpa; 3) Whether the top three ranked proposals should be forwarded to the Governor, or the top two ranked proposals should be forwarded to the Governor. Question I Whether the Government of

June 21, 2024 Ref: DPR 24-0088 Mr. Angel R. Sablan Acting Director Department of Parks and Recreation PO Box 2950 Hagatna, Guam 96932 Subject: Operation of the Public Services Recreation Fund Dear Acting Director Sablan: You asked for an opinion on the following questions. Questions Presented 1. May the Department of Parks and Recreation (the “Department”) establish a bank account at an FDIC-insured institution in the name of the “Public Recre

May 13, 2024 Ref: GOV 24-0100 Honorable Lourdes A. Leon Guerrero Governor of Guam Office of the Governor of Guam Ricardo J. Bordallo Complex 513 West Marine Corps Drive Hagåtña, GU 96910 Subject: Legal Opinion; Self-Determination Plebiscite, 1 GCA § 2110 Hafa Adai Governor: You asked for a Legal Opinion on the following questions, which document serves as a duty of this Office and is a public document. Please be reminded of our February 28 and 29, 2024, as well as March 18, 2024 letters that in

April 26, 2024 Ref: GALC 23-0160 Mr. John Burch Executive Director Guam Ancestral Lands Commission 590 S. Marine Corps Drive, Ste. 222 Tamuning, Guam 96913 Subject: Opinion on the Jurisdiction and Processes of the Guam Ancestral Lands Commission Dear Director Burch: You requested for an Opinion on the following questions. Questions Presented 1. Does 21 GCA Chapter 80, § 80101, et seq. mandate jurisdiction to the Guam Ancestral La

January 23, 2024 Honorable Telo T. Taitague Ref: LEG 24-0020 Senator I Mfna’trentai Siette Na Liheslaturan Guahan Office of Senator Telo T. Taitague Ste. 309 DNA Building 238 Archbishop Flores St. Hagatna, Guam 96910 Re: Guam Visitors Bureau Board of Directors Public Official Disclosures; Criminal Prosecution Noncompliance Review Hafa Adai Senator Taitague, Questions Presented 1. Whether Section 38, Chapter XII, of RL. 37-42 (hereinafter, ‘Section 38”) supercedes 4 GCA 13104.1

October 11, 2023 Ref: AGR 23-0357 Ms. Chelsa D. Muña Director Guam Department of Agriculture 163 Dairy Road Mangilao, Guam 96913 Subject: Governing Law and Related Rules and Regulations Pertaining to the Farmers Crop Loss Compensation Program Hafa Adai Director Muña: You requested our legal opinion concerning the above matter. Our response is as follows: Question Presented 1. What is the identified law as well as the corresp

October 6, 2023 Ref: AG 23-0458 Honorable Therese M. Terlaje Speaker Thirty-Seventh Guam Legislature Guam Congress Building 163 Chalan Santo Papa Hagåtña, Guam 96910 Subject: Organicity of the Consolidated Commission on Utilities Hafa Adai Madam Speaker: It is this law firm’s opinion that the Consolidated Commission on Utilities (“CCU”) is an illegal body whose existence directly interferes with the Governor of Guam’s authority under the 1950 Organic Act of Guam (Title 48 USC Chapter 8A). The CCU

September 21, 2023 Ref: AG 23-0369 Mr. Joseph M. Borja Director Department of Land Management 590 S. Marine Corps Drive 7th Floor ITC Building Tamuning, Guam 96913 Ms. Dafne Mansapit-Shimizu Director Department of Revenue and Taxation 1240 Route 16 Barrigada, Guam 96913 Subject: Legal Opinion, Business License for Interface, Inc., dba Sportsland; Outdoor Firing Range on Lot No. 10095-8, Dededo Hafa Adai Director Borja and Director Mansapit-Shimizu: I understand that you request guida

July 27, 2023 Ref: DPHSS 23-0191 Mr. Arthur U. San Agustin, MHR Director Department of Public Health and Social Services 155 Hesler Place Hágatna, Guam 96910 Subject: Legal Opinion — Effective Date of Sanitary Permit Hafa Adal, Director San Agustin: You have requested our legal opinion concerning the above matter. Our response is as follows: QUESTION PRESENTED 1. What is the effective date of a sanitary Permit? a. Is it the

July 18, 2023 Ref: AG23-0335 Honorable Therese M. Terlaje Speaker and Honorable Chis Barnett Chairman and Senator Committee on Education, Public Safety and the Arts Mina'trentai Siette Na Liheslaturan Guåhan Guam Congress Building 163 Chalan Santo Papa Hagåtña, Guam 96910 Subject: Legal Opinion, Bill No. 62-37; Education & Charter Schools; "Every Child is Entitled to an Adequate Public Education Act” Hafa Adai Madam Speaker and Chairman Barnett: Please find the atta

July 17, 2023 Ref: LEG 23-0039 Honorable Telo T. Taitague Senator Thirty-Seventh Guam Legislature DNA Building, STE 309 238 Archbishop Flores St. Hågatña, Guam 96910 Subject: Legal Opinion, Increments Paid to GovGuam Employees After Reinstatement Hafa Adai Senator Taitague: You requested our legal opinion concerning the above matter. Our response is as follows: Questions Presented 1. Can an employee evaluation that was not signed a

July 17, 2023 Ref: LEG 23-0237 Honorable Thomas J. Fisher Senator Thirty-Seventh Guam Legislature Guam Congress Building 163 Chalan Santo Papa Hagåtña, Guam 96910 Subject: Legal Opinion; Port Authority Guam - AG Signature Requirement Hafa Adai Senator Fisher: We are in receipt of your May 2, 2023 request for an opinion as to whether the Attorney General of Guam is a necessary signatory to settlements of personnel actions entered into by the Port Authority of Guam (“PAG”). This request specificall

June 28, 2023 Ref: DOA 23-0307 GovGuam Health Care Negotiating Team Department of Administration GITC Buidling 590 South Marine Corps Drive Tamuning, Guam Subject: Request for legal opinion from the GovGuam Health Care Negotiating Team re. Extension of Medicare benefits to rehired retirees Hafa Adal Health Care Negotiating Team, This is to respond to the questions posed in the memo dated June 21, 2023, concerning the application of Medicare to retired GovGuam emp

May 10, 2023 Ref: LEG 23-0081 Honorable Therese M. Terlaje Speaker Honorable Tina Muna Barnes Vice-Speaker Mina'trentai Siette Na Liheslaturan Guåhan Guam Congress Building 163 Chalan Santo Papa Hagåtña, Guam 96910 Subject: Legal Opinion- Effect of Alleged Open Government Law Violation on Acts of the 36th Guam Legislature Hafa Adai Senator Barnes: You transmitted to this Attorney General a February 21, 2023 letter requesting our legal opinion. Our response is as fol

April 28, 2023 Ref: GVB 23-0126 Honorable Carl T.C. Gutierrez President I Chief Executive Officer Guam Visitors Bureau 401 Pale San Vitores Road Tumon, Guam 96913 Subject: Legal Opinion — Guam Visitors Bureau Hafa Adal President/CEO Gutierrez: The President and Chief Executive Officer of the Guam Visitors Bureau (“GVB”) has requested an opinion from the Office of the Attorney General (“OAG”). OAG responds as follows: Question Presented 1. Whether the GVB Board of D

March 31, 2023 Honorable Lourdes A. Leon Guerrero Governor of Guam Ricardo J. Bordallo Complex 513 West Marine Corps Drive Hagåtña, GU 96910 Subject: Review of Lease Between the USA & GovGuam, DLM for Hospital & Medical Campus The purpose of this communication is to address an unsigned lease between the U.S. Government and the Government of Guam, Dept. of Land Management provided to the AG’s Office on Tuesday, March 14, 2023. As a preliminary disclosure, this AG’s Offices was not part of the negotiations leading up to the document that is the

February 9, 2023 Ref: GVB 23-0045 Honorable Carl T.C. Gutierrez President / Chief Executive Officer Guam Visitors Bureau 401 Pale San Vitores Road Tumon, Guam 96913 Subject: Legal Opinion – Guam Visitors Bureau Hafa Adai President Gutierrez: You transmitted to this Office a February 3, 2023 letter requesting our legal opinion. In that letter you asked three (3) questions. Our response is as follows: 1. Whether, when there are vacancies in the ranks of the elected directors of the Board o

Office of the Attorney General of Guam 590 S. Marine Corps Drive, Suite 901 ♦ Tamuning, GU 96913 671.475.3324 extension 5015 ♦ Fax 671.477.4703 ♦ Email ag@oagguam.org Hon. Leevin Taitano Camacho Attorney General of Guam August 27, 2020 OPINION MEMORANDUM TO: Senator Kelly Marsh (Taitano), PhD I Mina’trentai Singko Na Liheslaturan Guåhan The Thirty-fifth Guam Legislature FROM: Attorney General Leevin T. Camacho SUBJECT: Request for Legal Opinion Regarding Canceling the 2020 Pr

Office of the Attorney General of Guam 590 S. Marine Corps Drive, Suite 901 ♦ Tamuning, GU 96913 671.475.3324 extension 5015 ♦ Fax 671.477.4703 ♦ Email ag@oagguam.org Hon. Leevin Taitano Camacho Attorney General of Guam OPINION MEMORANDUM To: The Honorable Joe S. San Agustin I Minatrentai Singko Na Liheslaturan Gudhan From: Attorney General Leevin T. Camacho Date: May 14, 2020 Subject: Request for Opinion on Applicability of Double Pay Provision in DOA Personnel Rules and Regulations Rule

A Office of the Attorney General of Guam 590 S. Marine Corps Drive, Suite 901 ♦ Tamuning, GU 96913 671.475.3324 extension 5015 ♦ Fax 671.477-4703 ♦ Email ag@oagguam.org Hon. Leevin Taitano Camacho Attorney General of Guam OPINION MEMORANDUM To- Vice Speaker Telena Cruz Nelson IMina'Trentai Singko Na Liheslaturan Guahan From- Attorney General Leevin T. Camacho Date: January 30, 2020 Subject: Legislative Authority to Determine the Manner of Filling Vacancies in Municipal Offices of Mayor and Vice-

Office of the Attorney General of Guam 590 S. Marine Corps Drive, Suite 901 ♦ Tamuning, GU 96913 671.475.3324 extension 5015 ♦ Fax 671.477-4703 ♦ Email ag@oagguam.org Hon. Leevin Taitano Camacho Attorney General of Guam OPINION MEMORANDUM To- Vice-Speaker Telena C. Nelson Senator Therese M. Terlaje IMina'TrentaiSingko Na Liheslaturan Guahan From^ Attorney General Leevin T. Camacho Date: January 30, 2020 Subject: (i) Authority of Yona Mayor to appoint Municipal Planning Council

Office of the Attorney General of Guam 590 S. Marine Corps Drive, Suite 901 ♦ Tamuning, GU 96911 Phone: 671.475.3324 extension 5015 ♦ Fax: 671.477-4703 ♦ Email: law@guamg.org Hon. Leevin Taitano Gamacho Attorney General of Guam November 26, 2019 OPINION MEMORANDUM Ref DPHSS 19-0317 TO' Chair, Guam Board of Allied Health Examiners FROM- Attorney General SUBJECT^ Enforceability of Prohibitions on Patient Testimonials. We have received your request for a legal

Office of the Attorney General of Guam 590S. Marine Corps Dr., Ste. 901, Tamuning, Guam 96913 Elizabeth Barrett-Anderson Attorney General December 28, 2018 Phone: (671) 475-3324 ext 5015/ 5030 OPINION MEMORANDUM Ref. GOV 18-0675 Fax: 477-4703 Iaw@&Uamag.org To: Chair, Guam Transition Committee for the Office of Jacqueline Z. Cruz Governor-Elect and Lt. Governor-Elec

Office of the Attorney General of Guam 590 S. Marine Corps Dr., Ste. 901, Tamuning, Guam 96913 Elizabeth Barrett-Anderson Attorney General December 28, 2018 Phone: (671) 475-3324 ext 5015/ 5030 OPINION MEMORANDUM Ref. DOA 18-0692 Fax: 477-4703 To: Director, Department of Administration Jacqueline Z. Cruz Chief of Staff From: Administration

ZJ Si Office of the Attorney General of Guam 590 S. Marine Corps Dr., Ste. 901, Tamuning, Guam 96913 October 26, 2018 Elizabeth Barrett-Anderson Attorney General Phone:(671)475-3324 ext 5015/5030 OPINION MEMORANDUM Ref. DRT 18-0545 Fax: 477-4703 TO: Director, Department of Revenue and Taxation Jacqueline Z. Cruz Chief of Staff FROM: Atto

Office of the Attorney General of Guam 590 S. Marine Corps Dr., Ste. 901, Tamuning, Guam 96913 June 26,2018 Elizabeth Barrett-Anderson Attorney General Phone:(671)475-3324 ext. 5015/5030 Honorable Therese Terlaje Fax: 477-4703 Vice Speaker 34*^ Guam Legislature Guam Congress Building jacqueline Z. Cruz Chief oiStaff 163 Chalan Santo Papa Adminis

Office of the Attorney General of Guam 590 S. Marine Corps Dr. , Ste. 901, Tamuning, Guam 96913 April 11, 2018 Elizabeth Barrett-Anderson Attorney General Phone: (671) 475-3324 ext. 5015/ 5030 OPINION MEMORANDUM Ref: AGR 18-0062 Fax: 477-4703 TO: Director, Department of Agriculture Jacqueline Z. Cruz Chief of Staff Administration FROM:

Office of the Attorney General of Guam 590 S. Marine Corps Dr., Ste. 901, Tamuning, Guam 96913 January 19, 2018 Elizabeth Barrett-Anderson Attorney General Phone: (671) 475-3324 ext 5015/ 5030 OPINION MEMORANDUM Ref: LEG 18-0021 Fax: 477-4703 !aw@~amag.org TO: The Honorable Regine Biscoe Lee Jacqueline Z. Cruz Legislative Secretary Chief of Staff

Office of the Attorney General of Guam 590 S. Marine Corps Dr., Ste. 901, Tamuning, Guam 96913 October 16, 2017 Elizabeth Barrett-Anderson Attorney General Phone: (671) 475-3324 ext 5015/ 5030 OPINION MEMORANDUM Ref: GSWA 17-0609 fax: 477-4703 law@gua mag.org TO: Chairperson, Guam Solid Waste Authority Jacqueline Z. Cruz Chief of Staff FROM: Attorney General

Office of the Attorney General of Guam 590 S. Marine Corps Dr. , Ste. 901, Tamuning, Guam 96913 October 9, 2017 Elizabeth Barrett-Anderson Attorney General Phone: (671) 475-3324 ext 5015/ 5030 Fax: 477-4703 OPINION MEMORANDUM Ref: GCEC 17-0556 law@guamag.org TO: Executive Director, Kumision Settefikasion Para I Manmaniduka Jacqueline Z. Cruz Chief of Staff

Office of the Attorney General of Guam 590 S. Marine Corps Dr., Ste. 901, Tamuning, Guam 96913 Elizabeth Barrett-Anderson October 6, 2017 Attorney General Phone: (671) 4 75-3324 ext. 5015/ 5030 Fax: 477-4703 OPINION MEMORANDUM law@guamag.org Ref: LEG 17-054 7 Jacquelin e Z. Cruz Chief of Staff Honorable Telena Cruz Nelson Administration Chairperson, Committee

Office of the Attorney General of Guam 590 S. Marine Corps Dr., Ste. 706, Tarnuning, Guam 96913 October 14 2016 Q Elizabeth Barrett-Anderson Attorney General Phone: (671) 475-3324 OPINION MEMORANDUM Ref.: DOA 16-0388 ext 5015/ 5030 Fax: 477-4703 TO: Director. Departmen

rrops,ek tr Office of the Attorney General of Guam 590 S. Marine Corps Dr., Ste. 706, Tamuning, Guam 96913 _ August 17, 2016 Elizabeth Barrett-Anderson Attorney General Phone: (671) 475-3324 ext. 5015/ 5030 Fax: 477-4703 Citigroup Global Markets Inc. !mamma= New York, New York Jacqueline Z. Cruz Barclays Capital Inc. Chief of Staff Administration

tATT04 4,4. Office of the Attorney General of Guam 590 S. Marine Corps Dr., Ste. 706, Tamuning, Guam 96913 January 21, 2016 Ref: DOC 16-0015 OPINION MEMORANDUM TO: Director, Department of Corrections FROM: Attorney General SUBJECT: Hazardous Pay for Guam Memorial Hospital Employ

Office of the Attorney General of Guam 590 S. Marine Corps. Dr., Ste. 706, Tamuning, Guam 96913 September 3, 2015 Elizabeth Barrett-Anderson Attorney General Phone: (671) 475-3324 ext. 5015/ 5030 Barclays Capital Inc. Fax: 477-4703 Seattle, Washington Jacqueline Z. Cruz Chief of Staff Citigroup Global Markets Inc. Administration Seattle, Washington ext. 5010 jzcruz@guamag.org

LEONARDO M. RAPADAS PHILLIP J. TYDINGCO Attorney General Chief Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL November 14, 2014 LEGAL MEMORANDUM Ref: LEG 14-0315 TO: Honorable Benjamin J.F. Cruz Vice-Speaker, 32nd Guam Legislature FROM Attorney General SUBJECT Viability of Legal Action to Compel Federal Compliance of Deportation Law

LEONARDO M. RAPADAS PHILLIP J. TYDINGCO Attorney General Chief Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL April 2, 2014 Bank of Guam P.O. Box BW Hagatna, Guam 96932 Arriola, Cowan & Arriola Calvo-Arriola Bldg., Suite 201 259 Martyr Street Hagatna, Guam 96910 Re: $10 Million Loan to Port Authority of Guam Dear Sirs: This opinion is given in connection with loans ("the Loans") in the aggreg

Leonardo M. Rapadas Phillip J. Tydingco Attorney General Chief Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL July 26, 2013 OPINION Ref: AG 13-0587 Judith T. Won Pat, Ed.D., Speaker Mina' Trentai Dos Na Liheslaturan Guahan 155 Hesler Place Hagatfia, Guam 96910 RE: Organicity, Constitutionality, and Interpretation of Amendments to 5

Leonardo M. Rapadas Philip J. Tydingco Attorney General Chief Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL July 26, 2013 LEGAL MEMORANDUM Ref: DPHSS13 0580- TO: Chair, Guam Board of Allied Health Examiners FROM: Attorney General RE: Qualifications of Persons Licensed to Practice Clinical Psychology Prior

cto • 0.4.0 S Leonardo M. Rapadas GUAM Phillip J. Tydingco Attorney General Chief Deputy Attorney General S -3/46'4,44, el ,eso 6'41'44 intuRta Pe OFFICE OF THE ATTORNEY GENERAL 14C 2 3 2013 ATTORNEY GENERAL OPINION

;,"' .: ~..••. :: ••• I .• , I .• ,';. ':./ Leonardo M. Rapadas Phillip J. Tydingco Attorney General Chief Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL February 7, 2013 Barclays Capital Inc. Seattle, Washington Citigroup Global Markets Inc. Seattle, Washington Re: Government of Guam

LEONARDO M. RAPADAS PHILLIP J. TYDINGCO Attorney General Chief Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL December 17, 2012 LEGAL MEMORANDUM Ref: AG 12-0850 TO: Acting Executive Director, GHURA Chairman, GHURA Board of Commissioners FROM: Attorney Gene~ SUBJECT: Guam Housing and Urban Renewal Authority Procurement Earlier this year, f

Leonardo M. Rapadas Philli P J. Tydingco Attorney General Chief Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL April 2, 2012 LEGAL MEMORANDUM AG No. LEG 11-1218 TO: Honorable Vicente (ben) Cabrera Pangelinan Senator, 31 st Guam Legislature FROM:

Leonardo M. Rapadas Philli P J. Tydingco Attorney General Chief Deputy Attorney General March 28, 2011 HAND DELIVER OPINION Ref:LEG 11-0199 TO: Honorable Dennis G. Rodriguez, Jr., Senator I Mina'trentai Unu Na Liheslaturan Guahan (31st Guam Legislature) FROM: Attorney General RE: Organicity of P.L. 30-190 Relating't,ri'Appointment

Leonardo M. Rapadas Phillip J. Tydingco Attorney General ChiefDeputy Attorney General OFFICE OF THE ATTORNEY GENERAL March 3, 2011 LEGAL MEMORANDUM Ref: DRT 10-0001 TO: Director, Department of Revenue and Taxation FROM: Attorney General ~ SUBJECT: