2020 Guam Statutes Title 4 - Public Officers & Employees Chapter 15 - Standard of Conduct for Elected Officers, Appointed Officers, and Public Employees of the Government of Guam
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4 GCA PUBLIC OFFICERS & EMPLOYEES
CH. 15 S TANDARD OF CONDUCT
CHAPTER 15
STANDARD OF CONDUCT FOR ELECTED OFFICERS,
APPOINTED OFFICERS , AND PUBLIC EMPLOYEES OF THE
GOVERNMENT OF GUAM
NOTE: Chapter 15 was added by P.L. 23-105:1.
Article 1.
Article 2.
Article 3.
Article 4.
General Provisions.
Specified Standards.
Guam Ethics Commission.
Administration and Enforcement.
ARTICLE 1
GENERAL PROVISIONS
§ 15100.
§ 15101.
§ 15102.
Construction.
Applicability.
Definitions.
§ 15100. Construction.
This Chapter shall be liberally construed by the courts of this Territory
to promote the highest standards of ethical conduct within the Territorial
government.
§ 15101. Applicability.
This Chapter shall apply to every employee as defined herein.
§ 15102. Definitions.
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 individual or
organization carrying on any business whether or not operated for
profit;
(b) compensation means any money, thing of value or economic
benefit conferred on or received by any person subject to this Chapter,
in return for services rendered or to be rendered by himself or another;
(c) controlling interest means any proprietary or ownership
interest in a business or other undertaking;
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(d) employee means any nominated, appointed, or elected officer
or individual employed with a territorial agency as defined herein,
including members of boards or commissions, and persons under
personal services contracts;
(e) employment means any rendering of services for
compensation;
(f) financial interest means an interest held by an individual, his
or her spouse, natural, adopted, or dependent children, parents,
parents-in-law, siblings, or siblings-in-law which is:
(1) an ownership interest in a business;
(2) a creditor interest in an insolvent business;
(3) an employment, or prospective employment for which
negotiations have begun;
(4) an ownership interest in personal or real property;
(5) a loan or other debtor interest; or
(6) a directorship or officership in a business.
(g) judicial officers includes the Justices of the Supreme Court,
whether full- or part-time, and Judges of the Superior Court, including
Judges pro tem and referees;
(h) legislator means any duly elected members of the Guam
Legislature;
(i) official act or official action means a decision,
recommendation, approval, disapproval, or other action, including
inaction which involves the use of discretionary and non-discretionary
authority;
(j) official authority includes administrative, judicial or legislative
powers of decision, recommendation, approval, disapproval, or other
discretionary or non-discretionary action; and
(k) territorial agency or agency shall mean every branch of
government, public corporations, all government of Guam
departments, bureaus, and line agencies, autonomous and
semi-autonomous agencies, instrumentalities, entities or sub-entities
thereof, the Mayor’s Council, and Mayors’ Offices.
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SOURCE: Section 15102 added by P.L. 23-105:1 (July 8, 1996). Subsection (f)
amended by P.L. 30-030:2 (June 16, 2009).
---------ARTICLE 2
SPECIFIED STANDARDS
§ 15201.
§ 15202.
§ 15203.
§ 15204.
§ 15205.
§ 15206.
§ 15207.
§ 15208.
§ 15209.
§ 15210.
§ 15211.
Gifts.
Reporting of Gifts.
Confidential Information.
Fair Treatment.
Conflicts of Interest.
Contracts.
Contracts Voidable.
Requirements of Disclosure.
Disclosure Files; Disposition.
Restrictions on Post Employment.
Violation.
§ 15201. Gifts.
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, when a reasonable
person would infer that the gift is intended to influence the employee in the
performance of that individual’s official duties or is intended as a reward for
any official action on that individual’s part.
§ 15202. Reporting of Gifts.
(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 gifts valued
singly or in the aggregate from a single source in excess of $200,
whether the gift is in the form of money, services, goods, or in any
other form;
(2) The source of the gift or gifts have interests that may be
affected by the official action or lack of action by the employee; and
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(3) The gift is not exempted by subsection (d) from reporting
requirements under this section.
(b) The report shall cover the period from January 1 of the preceding
calendar year through December 31 of the year of the report.
(c) The gifts disclosure statement shall contain the following
information:
(1) A description of the gift;
(2) A good faith estimate of the value of the gift;
(3) The date the gift was received; and
(4) The name of the person, business entity, or organization from
whom, or on behalf of whom, the gift was received.
(d) Excluded from the reporting requirements of this section are the
following:
(1) Gifts received by will or intestate succession;
(2) Gifts received by way of distribution of any inter vivos or
testamentary trust established by a spouse or ancestor;
(3) Gifts from a spouse, fiancé, fiancée, any relative within three
degrees of consanguinity or the spouse, fiancé, or fiancée of such a
relative. A gift from any such person is a reportable gift if the person is
acting as an agent or intermediary for any person not covered by this
paragraph;
(4) Political campaign contributions that comply with territorial
law. This section shall not exempt the recipient of campaign
contributions from the reporting requirements of the Election Code.
(5) Anything available to or distributed to the public generally
without regard to the official status of the recipient;
(6) Gifts that within thirty days after receipt, are returned to the
giver or delivered to a public body or to a bona fide educational or
charitable organization without the donation being claimed as a
charitable contribution for tax purposes; and
(7) Exchange of approximately equal value on holidays, birthday,
or special occasions.
(e) Failure of an employee to file a gifts disclosure statement as
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required by this section shall be a violation of this chapter.
§ 15203. Confidential Information.
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.
§ 15204. Fair Treatment.
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 or contract for services by the use
or attempted use of the individual’s office or position;
(b) accepting, receiving, or soliciting compensation for the
performance of official duties or responsibilities except as provided by
law;
(c) using government time, equipment, or other facilities for
private business purposes;
(d) soliciting, selling, or otherwise engaging in a financial
transaction with a subordinate or a person or business whom the
employee inspects or supervises in official capacity.
(e) Nothing herein shall be construed to prohibit a legislator from
introducing bills and resolutions, serving on committees or making
statements or taking action in the exercise of legislative functions.
Every legislator shall file with the Guam Ethics Commission a full and
complete public disclosure of the nature and extent of the legislator’s
interest on any legislative transaction which primarily affects only the
legislator or legislators involved or their spouses and not the
community as a whole or a segment thereof. Disclosure must be made
at time of introduction of such legislation, or when the legislator shall
first have knowledge of such legislation.
§ 15205. Conflicts of Interest.
(a) No employee shall take any official action directly affecting:
(1) business or other undertaking in which the employee has a
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financial interest; or
(2) private undertaking in which the employee is engaged as legal
counsel, advisor, consultant, representative, or other agency capacity.
A department head who is unable to be disqualified on any matter
described in item (1) or (2) of this Subsection may be in violation of this
Subsection even if the individual has complied with the disclosure
requirements of § 15208; and a person whose position on a board,
commission or committee is mandated by statute, resolution or executive
order to have particular qualifications shall only be prohibited from taking
official action that directly and specifically affects a business or undertaking
in which such person has a financial interest; provided that the financial
interest is related to the member’s particular qualifications.
(b) No employee shall acquire financial interests in any business or
other undertaking which the employee has reason to believe may be directly
involved in official action to be taken by the employee.
(c) No employee shall assist any person or business or act in a
representative capacity before any territorial agency for any compensation
in any transaction involving the Territory.
(d) No employee shall assist any person or business or act in a
representative capacity for a fee or other compensation to secure passage of
a bill or to obtain a contract, claim, or other transaction or proposal in which
the employee has participated or will participate as an employee, nor shall
the employee assist any person, or business, or act in a representative
capacity for a fee or other compensation on such bill, contract, claim, or
other transaction or proposal before the Legislature or territorial agency of
which the individual is an employee.
(e) No employee shall assist any person or business or act in a
representative capacity before a territorial agency for a fee or other
compensation, on any bill, contract, claim, or other transaction or proposal
involving official action by the agency if the employee has official authority
over that agency unless such employee has complied with the disclosure
requirements of § 15208.
(f) Nothing herein shall preclude an employee from having outside
business interests or employment so long as such interests or employment
do not interfere with performance of official duties and is not otherwise in
direct conflict with this Chapter.
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(g) All employees, as defined in this Section, who know, or with
reasonable investigation should know, that the employee has a financial
interest in any decision pending before that employee or the agency of
which the employee is a member shall not vote for or against, discuss,
decide, in any way participate in considering the matter, or seek to influence
the votes or decisions of others on such matter.
Prior to any determination of the matter, the employee shall verbally
disclose at the meeting, if any, the nature of such interest, and shall have
such disclosure placed in the official records of the agency. Should an
employee be absent from that meeting or a portion of that meeting, the
employee is required to verbally disclose the nature of the conflict at the
next attended meeting and said disclosure shall be placed in the official
records of the agency. Further, the employee must complete a Disclosure of
Conflicts of Interest form with the Guam Election Commission within three
(3) working days upon the employee’s recognition of said conflict.
(h) A legislator who casts a vote with respect to any bill on the floor
of the Guam Legislature in which the legislator has a financial interest shall
prepare a written statement that identifies the bill, the legislator’s vote and
the nature of the legislator’s financial interest. The legislator shall file the
statement with the Office of the Speaker and a copy immediately provided
to the Clerk of I Liheslaturan Guåhan prior to voting. The statement shall
be posted on I Liheslaturan Guåhan’s website.
(i) The Guam Election Commission shall be the main repository for
the Disclosure of Conflicts of Interest forms and shall create such form to
be distributed to all departments, agencies, boards and commissions. Such
form shall include, but not be limited to, the name of the employee, the
entity represented, and a statement of disclosure describing the matter or
decision pending before the employee, and the nature and description of the
conflict.
SOURCE: Section 15205 added by P.L. 23-105:1 (July 8, 1996). Subsections (g),
(h), and (i) added by P.L. 30-030:3 (June 16, 2009).
§ 15206. Contracts.
(a) A territorial 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 territorial agency may, however, enter into such contract without
resort to competitive bidding process when, in the opinion of the General
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Services Agency or the procurement officer of that branch of government,
the property or services does not fall within the purview of competitive
bidding; provided that written justification for the non-competitive award of
such contract be made a matter of public record and shall be filed with the
Guam Ethics Commission at least ten (10) days before such contract is
entered into.
With regards to members of boards, commissions, and committees, this
Subsection shall apply only to contracts entered into between a business in
which a member has a controlling interest and a territorial agency in which
the board, commission, or committee to which the individual is appointed
has jurisdiction.
(b) A territorial agency shall not enter into a contract with any person
or business which is represented or assisted in a material manner in the
matter by a person who has been an employee of that agency within the
preceding twelve (12) months and who participated while in territorial
office or employment in a material manner in the matter with which the
contract is directly concerned.
§ 15207. Contracts Voidable.
In addition to any other penalty provided by law, any contract entered
into by the Territory in violation of this Chapter, is voidable by the
Territory; 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
taken into account, and the action to void the transaction is initiated within
ninety (90) days after the determination of a violation under this Chapter.
The Attorney General shall have the authority to enforce this provision.
§ 15208. Requirements of Disclosure.
(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.
(b) The Guam Election Commission shall require additional
information on its financial disclosure reports, as may be requested by the
Ethics Commission in accordance with this Section, and the Ethics
Commission may request such information directly of the employee if it is
not forthcoming from the Election Commission.
(c) Failure of an employee to file a disclosure of financial interests as
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required by this Chapter shall be a violation of this Chapter.
§ 15209. Disclosure Files; Disposition.
(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 and all copies
thereof shall be destroyed.
(b) Nothing herein shall bar the Guam Ethics Commission from
retaining a financial disclosure statement or copy of a financial disclosure
statement that has become part of a charge case or advisory opinion request,
or is part of an ongoing investigation.
§ 15210. Restrictions on Post Employment.
(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) months after
termination from employment, assist any person or business, or act in a
representative capacity for a fee or other consideration, on matters involving
official action by the particular territorial agency with which the employee
had actually served.
(c) This Section shall prohibit any agency from contracting with a
former employee to act on a matter on behalf of the Territory within the
period of limitations stated herein, unless exempted by law.
§ 15211. Violation.
(a) Any territorial action obtained in violation of this chapter for
employees is voidable in the same manner as voidable contracts as provided
for under § 15207; and the Territory, by the Attorney General, may pursue
all legal and equitable remedies available to it.
(b) The Territory, by the Attorney General, may recover any fee,
compensation, gift, or profit received by such person as a result of a
violation of these standards by an employee or former employee. Action to
recover under the Subsection (b) shall be brought within two (2) years of
such violation under this Chapter.
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----------
ARTICLE 3
GUAM ETHICS COMMISSION
§ 15301. Guam Ethics Commission Established; Composition.
There shall be within the government of Guam, a commission to be
known as the >Guam Ethics Commission=. The Commission shall consist of
seven (7) members to be appointed by I Maga’lahi. Each appointee shall be
a United States citizen and a bona fide resident of Guam. No person who
has ever been convicted of a felony shall be eligible to serve on the
Commission. Members of the Commission shall not be an employee, as
defined herein, or have any member of their immediate family employed by
the government of Guam. All appointments to the Guam Ethics
Commission shall be confirmed by I Liheslatura.
The Chairman of the Commission shall be elected by the majority of
the Commission. The term of office of each member shall be for four (4)
years, provided that of the original members, two (2) shall hold office for
two (2) years, two (2) shall hold office for three (3) years, and one (1) shall
hold office for four (4) years. The determination of these members= length
of office shall be by lot drawn by the members at their initial meeting. No
person shall be appointed consecutively to more than two (2) terms as a
member of the Commission.
Members shall serve without compensation, except that they shall
receive a stipend of Fifty Dollars ($50.00) per meeting not to exceed four
(4) meetings per calendar month, and shall be compensated for all normal
expenses of travel, and for the cost of meals while in session.
Vacancies shall be filled for the remainder of the unexpired term in the
same manner as the original appointments. I Maga’lahi may remove or
suspend any member of the Commission for cause, upon the filing of a
written finding with the Commission and upon service of a copy of the
written findings on the member removed or suspended.
SOURCE: Amended by P.L. 27-141:3.
---------ARTICLE 4
ADMINISTRATION AND ENFORCEMENT
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§ 15401.
§ 15402.
§ 15403.
§ 15404.
§ 15405.
§ 15406.
§ 15407.
§ 15408.
§ 15409.
§ 15410.
§ 15411.
§ 15412.
§ 15413.
.
Duties of Commission; Complaint, Hearing, Determination.
Filing of False Charges.
Procedure.
Disciplinary Action for Violation.
Cooperation.
Concurrent Jurisdiction.
Staff.
Prohibition From Political Activity.
Applicability of Ethics in Government Program.
Ethics in Government Program Guidelines.
Judicial Branch.
Repeal.
Severability.
§ 15401. Duties of Commission; Complaint, Hearing, 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 opinions upon the request of any
employee or former employee as to whether the facts and
circumstances of a particular case constitutes or will constitute a
violation of the code of ethics. The opinion rendered, until amended or
revoked, shall be binding on the Commission in any subsequent
charges concerning the employee or former employee who sought the
opinion and acted in reliance on it in good faith, unless material facts
were omitted or misstated by the employee or former employee in the
request for an advisory opinion.
(3) It shall initiate, receive and consider charges concerning
alleged violations of this Chapter, initiate or make investigations, and
hold hearings.
(4) It may subpoena witnesses, administer oaths, and take
testimony relating to matters before the Commission and require the
production for examination of any books, papers or electronic records
relative to any matter under investigation or in question before the
Commission. Before the Commission shall exercise any of the powers
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authorized herein with respect to any investigation or hearings, it shall
by formal resolution, supported by a vote of five or more members of
the Commission, define the nature and scope of its inquiry.
(5) It may, from time to time, make, amend, and repeal such rules
and regulations, not inconsistent with this Chapter as in the opinion of
the Commission, seem appropriate for the carrying out of this Chapter
for the efficient administration thereof, including every matter or thing
required to be done or which may be done with the approval or consent
or by order or under the direction or supervision of or as prescribed by
the Commission. The rules and regulations, shall be adopted in
conformance with the Administrative Adjudication Law, and shall
have the force and effect of law.
(6) It shall have jurisdiction for purposes of investigation and
taking appropriate action on alleged violations of this Chapter in all
proceedings commenced within three (3) years of an alleged violation
of this Chapter by an employee, or a former employee. Nothing herein
shall bar proceedings against a person who by fraud or other device,
prevents discovery of a violation of this Chapter. A proceeding shall be
deemed commenced by the signing of a charge by five (5) or more
members of the Commission.
(7) It shall distribute its publications without cost to the public
and shall initiate and maintain programs with the purpose of educating
the citizenry and employees on matters of ethics in government
employment.
(b) Charges concerning the violation of this Chapter shall be in writing,
signed by the person making the charge under oath, except that any charge
initiated by the Commission must be signed by five (5) or more members of
the Commission. The Commission shall notify in writing every person
against whom a charge is received and afford him an opportunity to explain
the conduct alleged to be in violation of this Chapter. The Commission may
investigate, after compliance with this Section, such charges and render an
informal advisory opinion to the alleged violator. The Commission shall
investigate all charges on a confidential basis, having available all the
powers herein provided, and proceedings at this stage shall not be public. If
the informal advisory opinion indicates a probable violation, the person
charged shall request a formal opinion or within a reasonable time comply
with the informal advisory opinion. If the person charged fails to comply
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with such informal advisory opinion or if a majority of the members of the
Commission determine that there is a probable cause for belief that a
violation of this Chapter might have occurred, a copy of the charge and a
further statement of the alleged violation shall be personally served upon
the alleged violator in accordance with the rules for personal service found
in Guam Rules of Civil Procedure. The person so charged shall have twenty
(20) days after service thereof to respond in writing to the charge and
statement.
(c) Any Commission member or any individual, including the
individual making the charge, who without permission of the Commission,
divulges information obtained from the Commission or who reveals
confidential actions of or what happened in closed proceedings before the
Commission concerning the charge prior to the issuance of the complaint or
other final action by the Commission, except as permitted by this Chapter,
shall be guilty of a misdemeanor.
(d) If after twenty (20) days following personal service, a majority of
the members of the Commission conclude that there is reason to believe that
a violation of this Chapter has been committed, then the Commission shall
set a time and place for a hearing, giving notice to the complainant and the
alleged violator. All parties shall have an opportunity (1) to be heard, (2) to
subpoena witnesses and require the production of any books, papers,
records, or electronic recordings relative to the proceedings, (3) to be
represented by counsel, and (4) to have the right of cross-examination. All
witnesses shall testify under oath and the hearings shall be closed to the
public unless the party complained against requests an open hearing. The
Commission shall not be bound by the strict rules of evidence but the
Commission’s findings must be based upon competent and substantial
evidence. All testimony and other evidence taken at the hearing shall be
recorded. Copies of transcripts of such record shall be available only to the
complainant and the alleged violator at their own expense, and the fees
therefor shall be deposited into the General Fund.
(e) The Commission shall make its findings and render its decision
based on a preponderance of the evidence. A decision of the Commission
pertaining to the conduct of any employee shall be in writing and signed by
five (5) or more of the members of the Commission. Deliberations of the
Commission shall be closed to the public and to all parties.
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(f) The Commission shall cause to be published yearly summaries of
decisions, advisory opinions, and informal advisory opinions. The
Commission shall make sufficient deletions in the summaries to prevent
disclosing the identify of persons involved in the decisions or opinions.
§ 15402. Filing of False Charges.
(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
the crime of perjury and subject to the penalty set forth in Title 9 of Guam
Code Annotated (Crimes and Corrections).
(b) Whoever is convicted in a court of competent jurisdiction of the
crime of perjury under this section, in addition to any other punishment
prescribed by law thereof, shall be required by court order to reimburse the
person against whom the false charge was filed for all of the person’s legal
expenses and court costs incurred in relation to that person’s defense against
the false complaint.
(c) If such charge is filed within six months prior to an election in
which the accused’s name appears on the ballot, the person filing the false
complaint shall pay to the accused the amount set out above, and shall also
pay an equal amount to the general fund of the Territory.
(d) This section shall not supersede or preclude any other right or
remedy at law available to the person falsely accused.
§ 15403. Procedure.
(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.
(b) With respect to former employees, the Commission may, with the
consent of five (5) or more members of the Commission, issue a public
statement of its findings and conclusions, and the Attorney General may
exercise whatever legal or equitable remedies are available to the Territory.
(c) When after due hearing, the Commission finds that the violation
committed by an employee is non-criminal in nature, the Commission will
remand the case to the agency where the employee is employed with the
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recommendation that the agency impose the corresponding punishment in
accordance with the agency’s personnel rules and regulations.
§ 15404. Disciplinary Action for Violation.
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.
§ 15405. Cooperation.
The Guam Ethics Commission may request and shall receive from
every governmental agency cooperation and assistance in the performance
of its duties.
§ 15406. Concurrent Jurisdiction.
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.
§ 15407. Staff.
The Guam Ethics Commission may employ such persons as it deems
necessary for the performance of its functions. They shall submit an annual
budget request to the Legislature for its required operations.
§ 15408. Prohibition from Political Activity.
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.
§ 15409. Applicability of Ethics in Government Program.
(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 Guam Ethics
Commission (“Commission”) may grant permission for an elected official
to attend a later program for good cause shown. The Commission shall
award a certificate of completion to those completing the program.
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(b) Any person who is appointed to a position as board or commission
member, including autonomous agencies, director, deputy director, or by
whatever title denotes the head and first assistant of a government of Guam
agency, department, public corporation, authority, or any other entity of the
executive branch, shall attend an ethics in government program within the
first six (6) months of his or her appointment. Additionally, appointed
officials shall undergo refresher ethics in government program at least once
every four (4) years. The Commission may grant permission for an
appointed official to attend a later program for good cause shown. The
Commission shall award a certificate of completion to those completing the
program.
SOURCE: Added by P.L. 23-105:1 (July 8, 1996). Repealed and reenacted by P.L. 28076:2 (Nov. 25, 2005), effective Jan. 1, 2007.
§ 15410. Ethics in Government Program Guidelines.
The ethics in government program shall be provided by the University
of Guam (“UOG”) or other providers. The Public Auditor shall develop
standards for the ethics program until the Guam Ethics Commission is
appointed and functioning, at which time the Commission shall assume
authority to develop the standards. The providers shall repeat the course as
necessary to accommodate those who are required to attend. The course
shall not exceed four (4) hours and shall be available in a single day and its
scheduling shall accommodate the different work schedules of the persons
affected by this Act.
(a) The program topics shall include, but not be limited to:
(1) Guam statutes concerning ethics;
(2) Guam statutes concerning lobbying;
(3) Group participation in discussing, analyzing, and solving
general ethics-related dilemmas;
(4) Guam procurement laws and regulations;
(5) Guam contracting laws and regulations;
(6) Parliamentary procedure;
(7) Fiduciary responsibility;
(8) Personnel policy;
(9) Government finance; and
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CH. 15 S TANDARD OF CONDUCT
(10) Open Government Law and Sunshine Reform Act of
1999.
(b) The cost of tuition, books and training materials for the ethics in
government program of the officials specified in §15409(b) of this
Chapter, shall be paid by the agency that employs the official.
SOURCE: Repealed and reenacted by P.L. 28-076:3 (Nov. 25, 2005), effective Jan. 1,
2007.
§ 15411. Judicial Branch.
The Chief Justice of the Supreme Court shall have jurisdiction and
governance over all justices and judges of the judicial branch in matters of
ethics as covered in this Chapter 15.
SOURCE: P.L. 28-076:4 (Nov. 25, 2005), effective Jan. 1, 2007.
§15412. Repeal.
Those portions of the Guam Code Annotated and the Government
Code of Guam, which are in conflict with any section of this Chapter, are
hereby repealed.
SOURCE: Added by P.L. 28-076:5 (Nov. 25, 2005), effective Jan. 1, 2007.
§ 15413. Severability.
If any part of this Chapter 15 shall, for any reason, be adjudged by a
court of competent jurisdiction to be invalid, or invalid as applied to a class
of cases, such judgment shall not affect, impair, or invalidate the remainder
thereof, and shall be confined in its operation to the part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
SOURCE: Added by P.L. 28-076:6 (Nov. 25, 2005), effective Jan. 1, 2007.
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