Title 4 — Public Officers and Employees

This Chapter establishes the parameters of the position of an Accountable Officer. COL10092012 CERTIFYING OFFICERS

The provisions of this Chapter apply to all government of Guam Agencies including the Legislative, Executive and Judicial Branches and all autonomous and semi-autonomous agencies which are authorized Certifying Officers and Accountable Officers in general. The concept of accounta…

It is the policy of the government of Guam that Accountable Officers shall assure the legality, propriety and correctness of collections and disbursements of public funds.

For the purpose of this Article, the following words and phrases have been defined to mean: (a) 'Accountable Officer.' Any government of Guam officer or employee who, by reason of the person's employment, is responsible for or has custody of government funds or who physically han…

All public funds of the government of Guam shall not be disbursed, except as provided in this Chapter and by the persons designated or delegated by the authority of the law and in accordance with applicable Federal and Guam laws.

(a) Certifying Officer. A person who certifies that payment vouchers are correct and ready for payment. The officer does not have physical possession of the funds. A certifying officer is responsible for the existence and correctness of the facts stated in the certificate or vouc…

Upon approval by the Director of the Department of Administration; the Administrative Director of the Superior Court of Guam; the Executive Officer of the Supreme Court of Guam; or the Executive Director of I Liheslaturan Guåhan [Guam Legislature] for each of their respective org…

The Certifying Officer may delegate the authority to determine and certify the legality of the disbursement of public funds but final responsibility for certification shall remain with the Certifying Officer. Whenever the Certifying Officer delegates such authority he shall, with…

(a) Strict liability denotes that the accountable officer is an insurer of the funds. (b) An accountable officer is automatically liable when the loss occurs. (1) A certifying officer is not liable unless an improper payment has been made on the basis of the certified voucher. Li…

It is unlawful for an officer, clerk or other person charged with disbursements of public funds appropriated by I Liheslatura (Guam Legislature) to exceed the amounts and purposes stated in the appropriation or to change or shift appropriations from one (1) item to another. Only …

(a) Due Care. (1) An accountable officer must exercise the highest degree of care in the performance of duty. (2) An accountable officer is not liable for acts of God or the public enemy. (3) Neither lack of fault nor negligence affects an accountable officer's legal liability. I…

(a) Advance Decisions from the Comptroller. The contracting and procurement officers may submit to the Comptroller for advance decision, any question which affects the award of public contracts and which requires a determination prior to award. COL10092012 CERTIFYING OFFICERS (b)…

Relief may be granted if under the following circumstances and conditions: (a) (1) an improper certification was based on official records, and (2) the officer did not know or could not by reasonable diligence and inquiry have discovered that the information was incorrect; or (b)…

(a) The request for relief must be sent by the agency head and must contain evidence sufficient for the Comptroller to independently determine that the standards for relief have been met. Relief for disbursing officers is governed by the statute distinguishing between physical lo…

(a) Relief is a matter of equity and is fact specific. (b) Because an accountable officer is strictly liable, a loss or deficiency raises a refutable presumption of negligence. The accountable officer must affirmatively show that there was no negligence, bad faith or fraud. (1) N…

Automation has changed the approach of government protection against legal liability. Requests should be supported by all documents and facts relevant to the decision. If the requesting official fails to present any known facts pertinent to the decision and the payment later beco…

In addition to any penalty contained in any other provisions of Guam law, any such officer, member or employee who shall knowingly and intentionally violate any of the provisions of this Chapter may be fined, suspended or removed from office or employment in the manner provided b…

All laws and parts of laws of Guam inconsistent with this Chapter are superseded.

If any provision of this Law or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this Law which can be given effect without the invalid provisions or application, and to t…

Effective February 1, 1984, all officers and employees of the government of Guam who serve as certifying and/or disbursing officers or who handle public funds in any manner whatsoever shall be properly bonded against any loss of money or other property which the said government o…

The amount of bond for each officer and employee of the government of Guam covered by this Subchapter, shall be determined by the Director of Administration with the approval of the Governor. SOURCE: GC § 6261, as added by P.L. 12-34.

(a) Every bond required by virtue of this Article, shall be filed in the office of the Director of Administration who shall approve such bonds as to form and execution and as to the sufficiency of the sureties thereon. (b) A proper register of such bonds shall be kept in the offi…

Funds shall be appropriated in the annual budgets of the government of Guam to pay the cost of premiums covering bonds required by virtue of this Article. SOURCE: GC § 6263, as added by P.L. 12-34. COL10092012 CERTIFYING OFFICERS ---------- COL10092012