Guam AG Opinions — 2023

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