Title 4, Public Officers and Employees

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

This Chapter shall be liberally construed by the courts of Guam to promote the highest standards of ethical conduct within the government of Guam. 2021 NOTE: References to “territory” and “territorial” replaced with “Guam” pursuant to 1 GCA § 420.

This Chapter shall apply to every employee as defined herein.

When used in this Chapter, these key words shall have the indicated meaning: (a) business includes any corporation, partnership, any sole proprietorship, any trust or foundation, or any other COL 2026-05-05 individual or organization carrying on any business whether or not operat…

No employee shall solicit, accept, or receive, directly or indirectly, any gift valued singly or in the aggregate from a single source in excess of $200, whether in the form of money, prize, service, loan, travel, entertainment, hospitality, thing or promise, or in any other form…

(a) Every employee shall file a gifts disclosure statement with the Guam Ethics Commission on June 30 of each year if all the following conditions are met: (1) The employee, or spouse or dependent child of an employee, received directly or indirectly from any source any gift or g…

No employee shall disclose information which is considered a private document by existing law, and which the employee acquires in the course of official duties, or use the information for personal gain or for the benefit of someone else.

No employee shall use or attempt to use an official position to secure or grant unwarranted privileges, exemptions, advantages, contracts, or treatment, for himself or herself, a spouse, children, or others, including but not limited to the following: (a) seeking other employment…

(a) No employee shall take any official action directly affecting: (1) business or other undertaking in which the employee has a financial interest; or (2) private undertaking in which the employee is engaged as legal counsel, advisor, consultant, representative, or other agency …

(a) A Guam agency shall not enter into any contract with an employee or with a business in which an employee has a controlling interest, unless the contract has been awarded through an open, public process. A Guam agency may, however, enter into such contract without resort to co…

In addition to any other penalty provided by law, any contract entered into by the Guam in violation of this Chapter, is voidable by the Guam; provided that in any act to void a contract pursuant to this Section, the interests of third parties who may be damaged thereby, shall be…

(a) All financial disclosure reports required to be filed with the Guam Election Commission pursuant to Chapter 13 of Title 4, Guam Code Annotated, shall be reported to the Guam Ethics Commission within three working days of filing with the Guam Election Commission. COL 2026-05-0…

(a) All financial disclosure statements filed by an employee shall be maintained by the Guam Ethics Commission during the term of office of the employee, and for a period of three years thereafter. Upon the expiration of the three-year period, the financial disclosure statement a…

(a) No former employee shall disclose any information which by law is not available to the public and which the employee acquired in the course of official duties or use the information for personal gain or the benefit of anyone. (b) No former employee shall, within twelve (12) m…

(a) Any Guam action obtained in violation of this chapter for employees is voidable in the same manner as voidable contracts as provided for under § 15207; and Guam, by the Attorney General, may pursue all legal and equitable remedies available to it. (b) Guam, by the Attorney Ge…

(a) There shall be within the government of Guam, an autonomous and independent commission to be known as the ‘Guam Ethics Commission.’ (1) The Guam Ethics Commission (Commission) shall consist of seven (7) members to be appointed by I Maga’hågan/Maga’låhen Guåhan with the consen…

Determination. (a) The Commission shall have the following powers and duties: (1) It shall prescribe a form for the financial disclosures required by § 15208 and shall establish an orderly procedure for implementing the requirements of that Section. (2) It shall render advisory o…

(a) Any person who knowingly and intentionally files a false charge with the commission, or any member of the commission who initiates action against any Guam official, Guam employee, or any other person covered by this chapter, knowing such charge to be false, shall be guilty of…

(a) When the Commission, after due hearings, believes that there is cause for the possible filing of criminal charges, it shall refer the complaint to the Attorney General’s Office or appropriate authority for its disposition. COL 2026-05-05 (b) With respect to former employees, …

In addition to any other powers the Civil Service Commission or other government agency may have to discipline employees, the appropriate agency involved may reprimand, put on probation, demote, suspend, or discharge any employee found to have violated this Chapter. COL 2026-05-0…

The Guam Ethics Commission may request and shall receive from every governmental agency cooperation and assistance in the performance of its duties.

In addition to any provision contained in this Chapter, the Legislature and the Judicial Branch may each prescribe further rules of conduct covering its members and may investigate and discipline its employees for any violation of this Chapter, or its own Rules, or both.

Staff. (a) The Guam Ethics Commission may employ such persons as it deems necessary for the performance of its functions. It shall submit an annual budget request to the Legislature for its required operations. (1) The Executive Director shall submit an annual fiscal year budget …

Members of the ethics commission and its staff shall not take an active part in political management or in political campaigns during the term of office or employment.

(a) Any person who is an elected official of the government of Guam shall attend an ethics in government program within ninety (90) days of taking office. Additionally, elected officials shall undergo refresher ethics in government program at least once every four (4) years. The …