Title 4 — Public Officers and Employees

No sooner than thirty (30) days from the transfer date mentioned in § 10118 of this Chapter, the incumbents of the positions within the Special Bargaining Unit may, if a majority of their number so desire, elect to be covered by one of the collective bargaining agreements effecti…

Prior to the expiration of one hundred and eighty (180) days after the transfer date mentioned in § 10118 of this Chapter, government management officials shall entertain requests from qualified employee organizations pursuant to § 10108 of this Chapter and shall make determinati…

Negotiations between the College and an exclusive bargaining agent or exclusive bargaining agents recognized for any unit or units within the College may commence upon the determination of such exclusive recognition, provided that no agreement negotiated may be effective until th…

The Governor of Guam shall establish within the government of Guam a safety program for employees, and in furtherance thereof, he shall cause to be made such studies and investigations as may be necessary to determine the safety conditions within the government of Guam. In carryi…

(a) Any housing unit leased or owned by the government of Guam and used for any purpose other than that provided for by Subsection (b) shall be managed by the Director of Administration or his designee. (b) Whenever the Government shall have under lease housing units which are ex…

The Director of Administration shall make unoccupied government- owned housing units available at no cost, under specified conditions to Chief Brodie School, the Department of Education, Department of Youth Affairs, Department of Vocational Rehabilitation, the Guam Advisory Counc…

Social Services. The Director of the Department of Public Health and Social Services shall certify after examining any non-profit organization which applies to use government-owned housing, that such applicant is engaged in providing emergency aid and crisis intervention as is sp…

[Repealed]. SOURCE: § 4302 GC as added by P.L. 10-103. Amended by P.L. 10-154; repealed and reenacted by P.L. 13-184:3; Repealed by P.L. 28-068:II:2:8 (Sept. 30, 2005).

The Legislature finds that much of the housing owned by the government of Guam is not being put to maximum effective use, many of the units standing empty on practically a year-round basis; that no return is being earned on the considerable investment made by the Government in th…

Elderly, Indigents and Those Requiring Emergency Housing. The Director of Administration shall make available under or unutilized government housing to elderly persons, welfare recipients or persons requiring emergency housing at a rent less than the fair market value and at rate…

The Director of Administration and the Department of Public Health and Social Services shall issue joint rules and regulations, pursuant to the provisions of the Administrative Adjudication Act, governing the procedures whereby the elderly, the indigent and those requiring emerge…

This Chapter shall be known and may be cited as the Public Official Disclosure Act. SOURCE: GC § 1800, as added by P.L. 12-153:1 (July 5, 1974). Amended by P.L. 29-020:3 (Oct. 10, 2007).

(a) The term official means any person elected to any public office in Guam and any person appointed, with legislative concurrence or by the Legislature, to any public office, to include but not limited to: (1) the Governor, the Lieutenant Governor, members of the Legislature, Ju…

(a) Each official shall file with the Election Commission, on or before April 22 of each calendar year, a written report containing the financial information required by this Chapter covering the preceding calendar year (or other year if the individual official files a Guam Incom…

(a) The financial report of the official or candidate as required in this Chapter shall include a complete account of the official’s or candidate’s gross income and that of his spouse and dependent children. For the purpose of this Chapter, gross income shall be defined as set fo…

(a) Unless otherwise provided in this Act, all appointees to Boards and Commissions of the government of Guam, as defined in § 13102 of this Chapter, shall be required to disclose and submit a financial report containing only information where conflicts of interest or possible co…

On or before May 1, of every calendar year, the Election Commission shall cause to have published in a newspaper of local circulation for a period of three (3) consecutive days a report containing therein the names of all officials who have not filed their reports as required by …

(a) Any official or candidate who fails to file a financial report required by this Chapter, or who knowingly and willfully files a false financial report under this Chapter shall be guilty of a misdemeanor. The Election Commission shall report to the Attorney General for appropr…

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

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…