Title 5 — Government Operations

Department of Chamorro Affairs. There is created a non-stock, non-profit public corporation to be known as the ‘Dipattamenton I Kaohao Guinahan Chamorro’ or ‘Department of Chamorro Affairs’ (‘Corporation’) with functions, powers and responsibilities as provided in this Chapter.

The principal office of the Corporation shall be located on Guam, and the Corporation is deemed to be a resident of Guam.

General. COL222017 (DEPARTMENT OF CHAMORRO AFFAIRS) (a) The purpose and authorized activities of the Corporation are to assist in the implementation of an integrated program for the preservation, development and promotion of the Chamorro Heritage of Guam, for the public benefit a…

The Corporation has, and may exercise, the following general powers in carrying out the purposes of this Chapter: (a) to have perpetual succession, unless sooner terminated by law; (b) to adopt, alter and use a corporate seal, which shall be judicially noticed; (c) to adopt, amen…

(a) All functions and powers of the Corporation shall be vested in COL222017 (DEPARTMENT OF CHAMORRO AFFAIRS) and be exercised by and under the direction of a Board of Trustees (‘Trustees’), composed of nine (9) members. The Trustees shall be U.S. citizens and residents of Guam a…

(a) I Mas Ge’Hilo’ shall come from a pool of qualified candidates, who shall possess the following qualifications: a local resident with demonstrated knowledge of Chamorro language, culture and history; formal education; and administrative experience, and shall be appointed by th…

(a) The Corporation is authorized to use its funds, from whatever source derived, in the exercise of its corporate powers and functions, subject to the requirements of the funding source. (b) The Corporation shall contribute to, or as authorized by Legislative appropriation, prov…

There is authorized to be appropriated to the Corporation, from time-to-time, funds necessary to enable the Corporation to accomplish the purposes of this Chapter.

The sources of funding for the Corporation and its various Divisions shall consist of the same sources designated in previous law for, or available to, the commissions, agencies and departmental divisions that are subsumed into the Dipattamenton I Kaohao Guinahan Chamorro, or Dep…

All donations to the Corporation and any or all of its programs and units, associations, subsidiaries, affiliates, but not limited to the same, shall be tax-deductible to the donors in the same manner and to the same extent that donations to charitable or educational non-profit o…

The Corporation shall submit to I Maga’lahen Guåhan and I Liheslaturan Guåhan a detailed annual report of activities and an audited, annual financial report. For this purpose, the Corporation shall contract for independent auditing services. It shall also submit to I Maga’lahen G…

The services and facilities of agencies and instrumentalities of the Federal Government and of the government of Guam, to the extent allowed by law, may be made available to the Corporation in the exercise of its functions.

The Corporation shall review and revise existing standard operating procedures and create rules and regulations for the Corporation regarding the functions and operations of the Corporation, according to the provisions of the Administrative Adjudication Law.

The Corporation, through the Board of Trustees, shall establish the fiduciary duties that are appropriate and necessary for each of the various Divisions of the Corporation.

Any subsequent changes and additions in the rules and regulations shall be made in accordance with provisions of the Administrative Adjudication Law.

This Chapter shall be construed liberally so far as may be necessary for the purpose of effecting its general intent. COL222017 (DEPARTMENT OF CHAMORRO AFFAIRS)

In the event that any article, section, subsection, sentence, clause or phrase of this Chapter shall be declared or adjudged invalid, a nullity or unconstitutional, such adjudication shall in no manner affect the force and validity of the other articles, sections, subsections, se…

The Corporation shall indemnify any Trustee, Administrator, officer, staff person, or former Trustee, Administrator, officer or staff person who may have served at its request as a Trustee, Administrator or officer of the Corporation, in whole or in part, in connection in the def…

While serving in office, and for a period of one (1) year after leaving office, no individual member of the Trustees or the Divisions’ Boards, no employee, no member of its committees, subcommittees, panels or advisory groups shall be eligible to receive in that person’s name a g…

Any property acquired, developed or produced in the name of the Corporation, whether physical or intellectual, and whether tangible or intangible, shall remain with the Corporation, including, but not limited to, copyrights, patents and trademarks.

(a) The Trustees shall appoint a Segundo/a Mås Ge’Hilo’ from a pool of qualified candidates, who shall possess the following minimum qualifications: a local resident with a bachelor’s degree in Business COL222017 (DEPARTMENT OF CHAMORRO AFFAIRS) Administration/Management or Finan…

Upon enactment of this Chapter, the funds, book inventories, assets, equipment and personnel, including the Acting Executive Director and previously mandated positions assigned to the Chamorro Heritage Institute Planning Group shall be transferred to Inaligao, Tinige’ Yan Fina’na…

(a) Composition. There is within the Corporation a Kottura Board of Advisors. The Kottura Board of Advisors shall consist of five (5) members appointed by I Maga’lahen Guåhan, subject to the advice and consent of I Liheslaturan Guåhan, one (1) of whom may be a Saina representativ…

The Kottura Board shall serve in an advisory capacity to the Trustees and shall: (a) recommend for removal of Kottura Board members who fail to comply with their responsibilities as Kottura Board members; COL222017 (DEPARTMENT OF CHAMORRO AFFAIRS) (b) continue to study and update…

There is established a Fund, known as the ‘Kottura Fund,’ which the Trustees shall maintain separate and apart from other funds of the Corporation, the records of which shall be kept and maintained by the Trustees. All monies received by Kottura from sources other than government…

Advisors. (a) Composition. There is within the Corporation a Dibision Inaligao, Tinige’, Yan Fina’na’gue Board of Advisors. The Dibision Inaligao, Tinige’, Yan Fina’na’gue Board of Advisors shall consist of five (5) members appointed by I Maga’lahen Guåhan, with the advice and co…

(a) The Atmenestradot/dora Inaligao, Tinige’ Yan Fina’na’gue’ shall be the Division Administrator and shall perform the administrative functions of Inaligao, Tinige’ Yan Fina’na’gue’ that are directed by the Mas Ge’Hilo’ of the Corporation. The Atmenestradot/dora Inaligao, Tinige…

(a) There is established a fund known as the ‘Research and Publication Fund,’ which shall be maintained separate and apart from other funds of the Corporation, the records of which shall be kept and maintained by the Salappe’ of the Ufisinan Minaneha. The Research and Publication…

Upon enactment of this Chapter, the funds, book inventories, assets, equipment and personnel, including the Acting Executive Director and previously mandated positions assigned to the Department of Chamorro COL222017 (DEPARTMENT OF CHAMORRO AFFAIRS) Affairs Planning Group, shall …

(a) There is established the ‘Sagan Rikuetdon Guåhan’ or ‘Guam Archives’ (‘Sagan Rikuetdo’) as a Program Division within the Corporation. Sagan Rikuetdo is the official depository for all government publications including any printed or processed paper, book, periodical, pamphlet…

(a) The Atmenestradot/dora is the Division Administrator and shall perform administrative functions of Rikuetdo, as directed by the Mas Ge’Hilo’ of the Dipåttamenton I Kaohao Guinahan Chamorro. The Atmenestradot/dora Rikuetdo is responsible for Sagan Rikuetdo operations and progr…

The Board of Trustees shall serve as the Official State Historical Records Advisory Board on behalf of the Sagan Rikuetdo for the purpose of participating in the grants program of the National Historical Publications and Records Commission as Federally regulated in Title 36 Code …

The Trustees have the authority to establish fees for services provided by Sagan Rikuetdo, and to impose fines for overdue, lost or damaged materials or other misuses of Sagan Rikuetdo’s resources, according to the Administrative Adjudication Law.

(a) There is established a fund known as the ‘Guam Archives Fund’ which the Trustees shall maintain separate and apart from other funds of the Corporation, the records of which shall be kept and maintained by the Board of Trustees. The Guam Archives Fund is under the general cogn…

(a) Sagan Rikuetdo shall not allow disclosure of any record or other information, written or oral, which identifies a user of archival services as requesting or obtaining specific materials or services, or as otherwise using the Sagan Rikuetdo resources. (b) Records may be disclo…

(a) Purpose. Kosas or Guam Museum is mandated to promote increased understanding of Guam’s geology, biota, prehistory, history and contemporary culture. As the official repository and custodian of historical artifacts of Guam, Kosas is mandated to acquire, preserve, and make avai…

COL222017 (DEPARTMENT OF CHAMORRO AFFAIRS) The Kosas Board shall serve in an advisory capacity to the Trustees and shall: (a) annually elect a Chairperson and Vice-Chairperson, and select other officers from among its members to serve a four (4) year term; (b) perform its duties …

The Corporation shall maintain and operate under its control a public market, or markets, for Guam products at such place or places as I Mas Ge’Hilo’ may deem proper. Any such market shall be maintained and operated at all times in a sanitary and orderly manner, beneficial to bot…

(a) There is hereby established a fund to be known as the ‘Public Market Revolving Fund,’ which shall be maintained separate and apart from any other funds of the government of Guam. The President of Chamorro Affairs shall administer the Fund. Independent records and accounts sha…