(a) Every agency shall establish written guidelines for accessibility of records and stating the procedures to be followed when making its records available in accordance with this Chapter. The guidelines shall include a mailing address, fax number and electronic mail address to which a person can send requests for copies of public records. The guidelines shall also include the records exempted from disclosure of which the agency is a custodian, as prescribed in Subsection (b) of this Section. A copy of these guidelines shall be posted in a conspicuous public place at the offices of each agency, and a copy of the guidelines shall be available upon request free of charge to any person requesting the agency’s records. Each agency shall also make the guidelines and list of disclosable and non-disclosable documents available by computer telecommunications within one (1) year of the effective date of this Chapter. (b) Every public officer in charge of an agency having custody of records shall, within sixty (60) days after the effective date of this Act, compile a list containing categorized descriptions of all writing in the custody of the agency which said agency considers non-public and non-disclosable as prescribed in § 10108 of this Chapter, and submit the list to the Speaker of I Liheslaturan Guåhan for approval by I Liheslaturan Guåhan. The list for each agency shall be referred by the Rules
Committee to the appropriate oversight committees, which shall hold a public hearing on each list before the list is put on I Liheslaturan Guåhan’s session agenda for approval. Such approved list shall be used as a guide for determination of non- disclosable records by agency employees and may be amended by I Liheslaturan Guåhan at any time. All documents not included on this list shall be considered public writings. If no such list is promulgated by the agency within (60) days, all documents and records shall be public unless non-public and non-disclosable pursuant to § 10108. If a list is not approved by I Liheslaturan Guåhan within ninety (90) days of submission thereof, it shall be deemed approved on the expiration of the ninety (90) days. SOURCE: Added by P.L. 25-006:2 (May 12, 1999). NOTE: This section was originally codified from GC § 6985, entitled “Procedure to request public writings” as added by P.L. 18-047:1 (Jan. 2, 1987), amended by P.L. 19-005:136 (Aug. 21, 1987). Codified by the Compiler as 10 GCA§ 10106. This provision was repealed by P.L. 25- 006:2 (May 12, 1999), and reenacted as “Posting Guidelines.” NOTE: P.L. 25-076:2 (Nov. 19, 1999) added the following uncodified provisions: Section 2. Disapproval of GEPA Proposed Guidelines. The GEPA July 12, 1999 proposed guidelines submitted pursuant to the requirements of the Sunshine Reform Act of 1999 are hereby disapproved, but shall not affect the existing limitations already contained within the Sunshine Reform Act of 1999, including within § 10108, and their applicability to said agencies. Section 3. Disapproval of GEPA Proposed Exemptions. The GEPA July 12, 1999 list of proposed exemptions submitted pursuant to the requirements of the Sunshine Reform Act of 1999 are hereby disapproved, but shall not affect the existing limitations already contained within the Sunshine Reform Act of 1999, including within § 10108, and their applicability to said agencies P.L. 25-077 (Nov. 19, 1999) added the following uncodified provisions: Section 2. Disapproval of GEPA Proposed Guidelines. The GEPA July 12, 1999 proposed guidelines submitted pursuant to the requirements of the Sunshine Reform Act of 1999 are hereby disapproved, but shall not affect the existing
limitations already contained within the Sunshine Reform Act of 1999, including within § 10108, and their applicability to said agencies. Section 3. Disapproval of GEPA Proposed Exemptions. The GEPA July 12, 1999 list of proposed exemptions submitted pursuant to the requirements of the Sunshine Reform Act of 1999 are hereby disapproved, but shall not affect the existing limitations already contained within the Sunshine Reform Act of 1999, including within § 10108, and their applicability to said agencies. P.L. 25-078:4 (Nov. 19, 1999) added the following uncodified provisions: Section 4. Disapproval of Agency Lists. The following agencies’ lists submitted pursuant to § 10106(b) of Article 1, Chapter 10 of Title 5 of the Guam Code Annotated, as repealed and reenacted by Public Law Number 25-06, are hereby disapproved, but shall not affect the existing limitations already contained within the Sunshine Reform Act of 1999, including within § 10108, and their applicability to said agencies: (1) the A. B. Won Pat Guam International Airport Authority; (2) the Guam Mass Transit Authority; (3) the Guam Telephone Authority; (4) the Port Authority of Guam; (5) the Department of Administration; (6) the Department of Revenue & Taxation; (7) the Office of Public Accountability; (8) the Guam Housing Corporation; (9) the Guam Housing and Urban Renewal Authority; (10) the Government of Guam Retirement Fund; (11) the Guam Finance Commission; (12) Customs and Quarantine; (13) the Civil Service Commission; (14) the Governor’s Office; (15) the Department of Land Management; (16) the Department of Agriculture; (17) the Chamorro Heritage Institute Planning Group (now a Division of Dipatamento I Kahao Guinahan Chamorro); (18) the Chamorro Language Commission (now a Division of Dipatamento I Kahao Guinahan Chamorro); (19) the Guam Developmental Disabilities Council;
(20) the Department of Integrated Services for Individuals with Disabilities; (21) the Guam Behavioral Health and Wellness Center; (22) the Department of Public Health and Social Services; (23) the Guam Memorial Hospital Authority; (24) the Guam Museum (now a Division of Dipatamento I Kahao Guinahan Chamorro); (25) the Guam Election Commission; (26) the Department of Military Affairs; and (27) the Guam Council on Arts and Humanities Agency. 2009 NOTE: Reference to Office of Public Auditor changed to Office of Public Accountability pursuant to P.L. 30-027:2 (June 16, 2009). 2013 NOTE: Pursuant to P.L. 32-024:2 (May 6, 2013) which renamed the Department of Mental Health and Substance Abuse (DMHSA) to the Guam Behavioral Health and Wellness Center, all references to DMHSA were altered to the Guam Behavioral Health and Wellness Center. P.L. 25-079:4 (Nov. 19, 1999) added the following uncodified provisions: Section 4. Disapproval of Agency Lists. The following agencies’ lists submitted pursuant to § 10106(b) of Article 1, Chapter 10 of Title 5 of the Guam Code Annotated, as repealed and reenacted by Public Law Number 25-06, are hereby disapproved, but shall not affect the existing limitations already contained within the Sunshine Reform Act of 1999, including within § 10108, and their applicability to said agencies: (1) the Department of Education; (2) the University of Guam; (3) the Guam Public Library; (4) the Guam Educational Telecommunications Corporation ("KGTF"); and (5) the Guam Community College. NOTE: P.L. 28-045:10 (June 6, 2005) changed the name of the Department of Education to the Guam Public School System. The passage of P.L. 30-050:2 (July 14, 2009) reverted the name to the Department of Education. P.L. 25-080:2 (Nov. 19, 1999) added the following uncodified provisions: Section 2. Disapproval of DOC Proposed Exemptions. The Department of Corrections’ July 12, 1999 list of proposed exemptions submitted pursuant to the requirements of the Sunshine Reform Act of 1999 is hereby disapproved, but shall not affect the existing limitations already contained
within the Sunshine Reform Act of 1999, including within § 10108, and their applicability to said agency. P.L. 25-081:3 (Nov. 19, 1999) added the following uncodified provisions: Section 3. Disapproval of Agency Lists. The following agencies’ lists submitted pursuant to § 10106(b) of Article 1, Chapter 10 of Title 5 of the Guam Code Annotated, as repealed and reenacted by Public Law Number 25-06, are hereby disapproved, but shall not affect the limitations already contained within the Sunshine Reform Act of 1999, including within § 10108, and their applicability to said Agencies: (1) the Department of Commerce; (2) the Guam Economic Development Authority; and (3) the Guam Visitors Bureau P.L. 25-082:2 (Nov. 19, 1999) added the following uncodified provisions: Section 2. Disapproval of Agency Lists. The following agencies lists submitted pursuant to § 10106(b) of Article 1, Chapter 10 of Title 5 of the Guam Code Annotated, as repealed and reenacted by Public Law Number 25-06, are hereby disapproved, but shall not affect the existing limitations already contained within the Sunshine Reform Act of 1999, including within § 10108, and their applicability to said agencies: (1) the Guam Power Authority; (2) the Department of Youth Affairs; (3) the Department of Parks and Recreation; (4) the Department of Public Works; (5) the Guam Contractors Licensing Board; (6) the Bureau of Budget and Management Research; (7) the Guam Energy Office; and (8) the Professional Engineers, Architects and Land Surveyors Board. P.L. 25-094:3 (Dec. 29, 1999) added the following uncodified provisions: Section 3. Disapproval of Agency Lists. The following agencies’ lists submitted pursuant to § 10106(b) of Article 1, Chapter 10 of Title 5 of the Guam Code Annotated, as repealed and reenacted by Public Law Number 25-06, are hereby disapproved, but shall not affect the existing limitations already contained within the Sunshine Reform Act of 1999, including within § 10108, and their applicability to said agencies:
1. the Agency for Human Resources Development; 2. the Department of Law; 3. the Department of Labor; 4. the Supreme Court of Guam; 5. the Department of Youth Affairs; 6. the Public Defender Service Corporation; 7. the Superior Court of Guam; and 8. the Guam Fire Department. P.L. 25-097:2 (Dec. 29, 1999) added the following uncodified section: Section 2. Disapproval of GPD Proposed Exemptions. The Guam Police Department July 12, 1999 and September 3, 1999 lists of proposed exemptions submitted pursuant to the requirements of the Sunshine Reform Act of 1999 are hereby disapproved, but shall not affect the existing limitations already contained within the Sunshine Reform Act of 1999, including within § 10108, and their applicability to said agencies.