Title 5 — Government Operations

As used in this Chapter, the following words and phrases shall have the meaning stated herein, unless such meaning is clearly inapplicable in the context: (a) Government of Guam shall include all agencies, departments, instrumentalities, public corporations, and all other entitie…

This Chapter shall not apply to any claim pertaining to any tax refund, the Workers Compensation Law, or the Government of Guam Retirement Fund. SOURCE: GC § 6500.02. Added by P.L. 17-029:1 (Nov. 9, 1983) as § 6500.03. Codified as 5 GCA § 6104. COMMENT: Prior law is continued her…

Pursuant to Section 3 of the Organic Act of Guam, the Government of Guam hereby waives immunity from suit, but only as hereinafter provided: (a) for all expenses incurred in reliance upon a contract to which the Government of Guam is a party, but if the contract has been substant…

(a) All claims under this Act must be filed within 18 months from the date the claim arose, but any claims timely filed under the predecessor of this Act shall be considered to have been timely filed under this Chapter. (b) Every action filed under this Chapter shall be barred un…

This Chapter shall be deemed a continuation of the former law so far as sections of the former law are continued unamended. No claim which accrued under the former law shall be increased, lessened, or extinguished by any provision of this law, but if the claim has not been filed …

This Chapter shall apply to all pending litigation in the courts of Guam, or which are on appeal, which were commenced without first filing an administrative claim as would be required by this Chapter had it applied at the time the suit was filed. If such pending litigation was t…

All claims shall be filed in duplicate with the Claims Officers responsible for the department or agency against which the claim is made. Each claim shall contain the following information: (a) The complete name and address of the claimant. If the claimant should change his addre…

All claims filed pursuant to this Chapter shall be signed by the claimant, his agent or his legal guardian, and verified by him, or may be signed as being under the penalties prescribed for perjury. SOURCE: GC § 6500.04. Added by P.L. 17-029:1 (Nov. 9, 1983) as § 6500.11. Codifie…

The Claims Officer shall cause each claim received by him to be investigated to determine its merits. SOURCE: GC § 6500.06. Added by P.L. 17-029:1 (Nov. 9, 1983) as § 6500.12. Codified as 5 GCA § 6203. COMMENT: The modification is to refer to “Claims Officers.” Thus, the Attorney…

In making his investigation, the Claims Officer, or person designated by him within the agency, shall have the authority to administer oaths to claimants and witnesses, and to require the production of any books, records or documents that may be material or relative as evidence i…

The Claims Officer, or a person designated by him, may, at his discretion, conduct a formal hearing in connection with the investigation of any claim. SOURCE: GC § 6500.09. Added by P.L. 17-029:1 (Nov. 9, 1983) as § 6500.14. Codified as 5 GCA § 6205.

(a) The Attorney General, subject to the approval of I Maga’lahen Guåhan for settlements of over Fifteen Thousand Dollars ($15,000.00) for a claim for damages to a motor vehicle incurred in an accident involving the motor vehicle of the claimant filed exclusively pursuant to § 61…

All claimants and witnesses concerning any claim under this Chapter are subject to the penalties and provisions of Chapter 52 of Title 9 Guam Code Annotated with respect to false swearing and perjury. SOURCE: GC § 6500.08. Added by P.L. 17-029:1 (Nov. 9, 1983) as § 6500.16. Codif…

A claimant may institute an action in contract or tort, for money damages only, against the government of Guam in the event the claim is made against a line agency, or against the specific agency involved in the event the claim is made against an autonomous agency, in the Superio…

When a government Claims Officer rejects a claim pursuant to § 6208(a), the notice of rejection shall set forth the grounds therefore, including the findings of fact, the legal basis relied on for such denial, and any investigative reports reviewed by the Claims Officer or initia…

For the purposes of this Chapter, the Attorney General is hereby authorized to contract with a licensed insurance claims adjuster, or with various insurance claims adjusters on a rotating basis to assist in assessing the value of claims filed pursuant to this Chapter. SOURCE: Add…

All actions brought under this Chapter shall be governed by the law and rules of procedure of the Superior Court of Guam. Service of process shall be made upon the Claims Officer and upon the Attorney General. Trial shall be without a jury. SOURCE: GC § 6500.14 and § 6500.15. Add…

(a) Subject to the approval of the court in which the case is pending, the Attorney General is authorized to settle a suit at any time before final judgment; provided, that if government funds are to be paid in excess of the balance in the Government Claims Fund, an appropriation…

Judgments shall be subject to review on appeal in the same manner and to the same extent as other judgments of the Superior Court of Guam. SOURCE: GC § 6500.18. Added by P.L. 17-029:1 (Nov. 9, 1983) as § 6500.20. Codified as 5 GCA § 6211.

(a) The filing of a suit under this Chapter against the government of Guam or against any specific entity thereof shall suspend any proceedings against individual employees alleged to be liable in the same action until such time as the suit against the government of Guam or again…

No action shall be instituted, nor judgment granted, for a sum in excess of the amount of the claim presented to the Claims Officer, unless the increased amount of the claim is shown to be based upon new evidence not reasonably discoverable at the time the claim was filed with th…

amended by P.L. 29-076:3 (May 9, 2008). Subsection (b) amended by P.L. 35-111:2 (Dec. 1, 2020). 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606, numbers and/or letters in subsections (d) (3) and (4) were altered to adhere to the Compiler’s alpha-numeric scheme. COMME…

Each autonomous and line agency shall be liable for its own contract obligations. Payments pursuant to this Section shall be paid from the funds certified for payment of the contract pursuant to the budget of the agency or appropriation against which the contract claim is made. S…

(a) The government of Guam may use any funds authorized for general operations to purchase liability insurance to cover the liabilities incurred by it under this Chapter or under any other law of Guam or of the United States. Such insurance may cover the government as a whole, or…

The government of Guam and each of the autonomous agencies is authorized to purchase insurance, if advisable and available, to cover the liability of government employees which they may incur pursuant to § 6212 of this Chapter, unless such liability is incurred for acts or omissi…

(a) Creation. The Government Claims Fund is hereby created and established as an account which shall be separately identified and maintained by the Department of Administration. It shall consist of such funds as have been appropriated by I Liheslatura, for the purpose of paying t…

(a) The Director of Administration shall pay from the Government Claims Fund for tort claims made against any line agency of the government, or the government of Guam in general, in order of the date of approved settlement or final judgment. In the event funds are insufficient to…

Each autonomous agency shall pay the amount claimed under this Chapter in order of the date of approved settlement or final judgment from its own operating funds not specifically restricted by any other Guam or United States law or from applicable insurance proceeds. SOURCE: Adde…

(a) The annual budget recommendations for governmental operations transmitted from the Governor to the Legislature, or the annual budget of each autonomous agency, shall include an amount for each agency, line or autonomous, as the case may be, for payment of claims made pursuant…

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…

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…

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…

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 …

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.

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.

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…

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 …

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…

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…

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,…

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.

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.

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.

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…

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.

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.

(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…

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…

This Chapter may be cited as the Open Government Law of Guam. SOURCE: GC § 3225 added by P.L. 13-035:1 (June 26, 1975) effective 45 days after enactment. A.G. OPINION 77-47: The Open Government Law applies to the elected school board.

I Liheslatura declares it is the policy of Guam that the formation of public policy and decisions is public and shall not be conducted in secret. The people of Guam do not yield their individual rights to the public agencies which serve them. The people, in delegating authority, …