Title 5 — Government Operations
73 chapters · 2,143 sections in this title.
5 GCA § 7101 Legislative Intent
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It is the intent of the Legislature that the government of Guam practice fiscal responsibility, and that the persons who spend the taxpayer’s money follow the mandates of law in expending government funds. Historically, there have been many instances of government officials in th…
5 GCA § 7102 Standards Established for Handling Money
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COL222017 Any officer, agent, contractor, or employee of the Executive Branch of the government of Guam who is charged with or assumes responsibility for the certification of availability of funds or the spending of money belonging to the territory of Guam, including the Governor…
5 GCA § 7103 Taxpayer Standing to Sue
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Any taxpayer who is a resident of Guam shall have standing to sue the government of Guam and any officer, agent, contractor, or employee of the Executive Branch of the government of Guam for the purpose of enjoining any officer, agent, contractor, or employee of the Executive Bra…
5 GCA § 7104 Plaintiff’s Bond
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In the event of any action brought under this Chapter by a taxpayer and resident of Guam against the government of Guam or any of the officers, contractors, or employees of the government of Guam, the court may require that a bond be posted by the Plaintiff in an amount not less …
5 GCA § 7105 Government May Intervene
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The government of Guam, through the Attorney General, shall be entitled as a matter of right, to intervene in any suit brought under this Section. SOURCE: GC § 6280(e) added by P.L. 18-9.
5 GCA § 7106 Minimum Amount of Suit
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No suit may be brought under this Chapter unless the cumulative amount of illegal expenditures alleged, both past and future, are equal to or exceed $1,000. SOURCE: GC § 6280(f) added by P.L. 18-9.
5 GCA § 7107 Entities Included within Scope of Chapter
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As used in this Chapter, the government of Guam includes but is not limited to the Governor; the Lt. Governor; Office of the Governor; Government House; line agencies, bureaus, and departments of the government of Guam; autonomous boards, agencies and authorities of the governmen…
5 GCA § 7108 Limitation on Actions
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There shall be a five year statute of limitations upon any action brought under this Chapter. Once judgment is obtained, there shall be no statute of limitations upon the collection of any judgment obtained against any officer, employee, contractor, or agent of the government of …
5 GCA § 7109 Who May Collect Judgment
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The Attorney General shall take all steps necessary to collect any judgment obtained under this Chapter. If no collection on such judgment is made by the Attorney General within six months of the date of the judgment, then the taxpayer and resident who originally obtained the jud…
5 GCA § 7110 Limits on Garnishment
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One half of any salary or remuneration due to any agent, officer, contractor, or employee of the government of Guam who has a judgment against him pursuant to this statute shall be deducted from any pay or other sums due such individual, until the judgment obtained under this Cha…
5 GCA § 7111 Representation of Individual Defendants
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The Attorney General’s Office or the legal counsel for the government of Guam entity for whom an individual defendant works may represent individual defendants in any action brought under this Chapter. In the event that individual defendants who are officers, agents, contractors,…
5 GCA § 7112 Award of Attorney’s Fees
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The court shall award reasonable costs and attorney’s fees in favor of the taxpayer and resident who brings suit under this Chapter, against any defendants found liable under this Chapter. SOURCE: GC § 6280(l) added by P.L. 18-9.
5 GCA § 7113 Claims Act Not Applicable
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Compliance with the government of Guam Claims Act [Chapter 6 of this Title] shall not be required as a prerequisite for suit under this Chapter. SOURCE: GC § 6280(m) added by P.L. 18-9.
5 GCA § 7114 Failure to Bond not a Defense
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COL222017 The failure of the government of Guam to bond its employees, agents, contractors, or officers, shall not be a defense in any action brought under this Chapter. SOURCE: GC § 6280(n) added by P.L. 18-9.
5 GCA § 7115 Standing; Legislative Counsel May Represent Senators and
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the Guam Legislature as Plaintiffs. The Senators and the Guam Legislature shall have standing to sue under this Chapter. The Legislative Counsel, or Assistant Legislative Counsel, may, as a part of his or her duties for the Guam Legislature, represent members of the Guam Legislat…
5 GCA § 7116 Expedited Schedule of Discovery
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At the first hearing before the Superior Court in any action brought under this Chapter, the court may order an expedited schedule of discovery and pleading, and an expedited schedule and trial date for the case, if requested by any party. SOURCE: GC § 6280(p) added by P.L. 18-9.
5 GCA § 7117 Chapter Prospective Only
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No action may be brought under this Chapter except for expenditures made after the effective date of this Act [July 8, 1985]. SOURCE: GC § 6280(q) added by P.L. 18-9.
5 GCA § 7118 Lobbying Permittted
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(a) Authorization. I Maga’lahen Guåhan is authorized to procure the services of a lobbyist, provided he expends no more than One Million Dollars ($1,000,000) within any given fiscal year from the annual operating budget appropriated to the Office of the Governor. I Maga’lahen Guå…
5 GCA § 7119 Lobbying Prohibited
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No government or public funds of any nature shall be expended in support of any lobbyist, unless specifically authorized by law. This Section shall apply to all line agencies, all autonomous agencies, and public corporations. No government officer or employee may accept the servi…