2021 Guam Statutes
Title 5 - Government Operations
Division 4 - Mayors, Washington Delegate, Boards & Commissions
Chapter 40 - Mayors of Guam
Universal Citation:
5 Guam Code §§ 40101 - 40307 (2021)
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Article 1 - General Provisions
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Article 2 - The Community Partnership Council (CPC)
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Article 3 - Community WiFi Act
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5 GCA GOVERNMENT OPERATIONS
CH. 40 MAYORS OF GUAM
DIVISION 4
MAYORS, WASHINGTON DELEGATE, CONSTITUTIONAL
CONVENTION AND BOARDS AND COMMISSIONS
CHAPTER 40
MAYORS OF GUAM
Article 1. General Provisions.
Article 2. The Community Partnership Council (CPC).
Article 3. Community WiFi Act.
ARTICLE 1
GENERAL PROVISIONS
§ 40101.
§ 40102.
§ 40103.
§ 40103.1.
§ 40104.
§ 40105.
§ 40106.
§ 40107.
§ 40108.
§ 40109.
§ 40110.
§ 40111.
§ 40112.
§ 40113.
§ 40114.
§ 40115.
§ 40115.1.
§ 40116.
§ 40117.
§ 40118.
§ 40119.
§ 40120.
Number of Mayors and Vice-Mayors.
Definitions.
Election.
Transition for Mayor and Vice Mayor.
Terms of Office.
Mayors’ Council.
Staffing for Villages.
Staffing for the Council.
Mayors and Vice Mayors Qualifications.
Compensation.
Vacancies.
Term of Office; Commencement.
Powers, Duties and Responsibilities.
Mayors; Maintenance Functions and Areas of
Responsibility.
Agana Mayor: Sagan Dinaña.
Authority of Mayors & Vice Mayors.
Mayors Empowered with Approving Authority.
Duties of the Vice Mayor.
Provision for Office Space.
Municipal Fund.
Community Development Fund.
Transfer of Existing Programs, Assets and
Unexpended Funds from the Chief Mayor’s Office
to the Council.
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§ 40121.
§ 40122.
§ 40123.
§ 40124.
§ 40125.
§ 40126.
§ 40127.
§ 40128.
§ 40129.
§ 40130.
§ 40131.
§ 40132.
§ 40133.
§ 40134.
§ 40135.
§ 40135.1.
§ 40136.
§ 40137.
§ 40138.
§ 40139.
§ 40140.
§ 40141.
§ 40142.
§ 40143.
§ 40144.
Personnel for Individual Mayors.
Capital Projects Participation.
Advising the Mayor.
Municipal Planning Council: Establishment.
Composition and Eligibility of Council Members.
Municipal Planning Council: Term of Office.
Municipal Planning Council: Vacancy.
Municipal Planning Council: Powers, Duties and
Responsibilities.
School Bus Shelters.
Municipal Planning Council: Meetings.
Municipal Litter and Defacement Fund.
Effective Date.
Establishment and use of the Agana Heights
Gymnasium Fund.
Establishment and use of the Tamuning Gymnasium
Fund.
Creation of the Municipal Planning Council
Revolving Fund.
Creation of the Mayors Council of Guam (MCOG)
Revolving Fund.
Direct Purchase.
Establishment and Use of the Agat Gymnasium
Revolving Fund.
Establishment and Use of the Dededo Gymnasium
Revolving Fund.
Establishment and Use of the Talofofo Gymnasium
Revolving Fund.
Establishment and Use of the Yigo Gymnasium
Revolving Fund.
Establishment and Use of the Yona Gymnasium
Revolving Fund.
Gymnasium Revolving Fund.
Transfer of F.Q. Sanchez Elementary School
Facility.
Transfer of the Former Agat Fire Station Property.
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§ 40101. Number of Mayors and Vice-Mayors.
There shall be a Mayor and/or Vice Mayor for the
municipalities and villages of Guam as indicated in the following
table:
Municipality
Mayor
Vice
Municipality of Agana.
1
0
Municipality of Sinajana
(Sinajana Village)
1
1
Agana Heights
1
0
Chalan Pago & Ordot
1
0
Municipality of Yona
1
0
Municipality of Talofofo
1
0
Municipality of Inarajan
1
0
Municipality of Merizo
1
0
Municipality of Umatac
1
0
Municipality of Agat
1
1
Santa Rita Village
1
0
Municipality of Piti
1
0
Municipality of Asan
1
0
Municipality of Barrigada
1
1
Municipality of Mangilao
1
1
Village of Tamuning
1
1
Municipality of Dededo
1
1
Municipality of Yigo
1
1
Mongmong, Toto, Maite
1
0
[Total Number]
19
7
SOURCE: GC § 15000; amended by P.L. 2-76, 3-89, 10-133, 10-167 and
20-33:1. Amended by P.L. 28-102:2 (Apr. 14, 2006)
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COMMENT: Public Law 28-102 added vice mayors for the villages of
Mangilao and Yigo.
§ 40102. Definitions.
As used in this Chapter:
(a) Mayor means a municipal or village Mayor.
(b) Vice Mayor means the municipal or village Vice
Mayor.
(c) Municipality or Village means that area delineated
in 1 GCA § 403.
(d) Council means that entity composed of all Municipal
Mayors and Vice Mayors, herein called the Mayors Council.
(e) Executive Director means that staff person set forth
in § 40107 of this Chapter.
(f) Municipal Planning Council means that entity
appointed in their respective districts to assist the Municipal
Mayor.
SOURCE: GC § 15000.1 added by P.L. 14-27:1. Amended by P.L. 2033:1. Subsection (e) amended by P.L. 22-50:1.
§ 40103. Election.
Mayors and Vice Mayors as indicated in § 40101, shall be
elected by popular vote of the area which such Mayors are to
represent. In districts where there are Vice Mayors, the Mayor and
Vice Mayors shall be chosen separately.
SOURCE: GC § 15001 amended by P.L. 14-27:2 and P.L. 20-33:1.
COMMENT: GC § 15001.1, setting forth the boundaries of each
municipality, has been transferred to 1 GCA § 403, and is now found as
the definition for villages for all purposes.
§ 40103.1. Transition for Mayor and Vice Mayor.
After the Certification of Election of newly elected Mayors,
and Vice Mayors, as applicable, there shall exist a transition
period ending on the day of the oath of office of the newly elected
Mayors and Vice Mayors. During this transition period, the
incumbent Mayor, and incumbent Vice Mayor as applicable, shall
provide assistance to the Mayor-elect and Vice Mayor-elect to
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acquaint the latter with the operations and functions of the Offices,
including, but not limited to, pending invoices and purchase
orders, office budget, financial reports, appropriations,
expenditure reports, staffing pattern, financial obligations, and the
inventory of equipment, furniture, and vehicles belonging to the
Municipality of such Mayor. Such transition period shall be
coordinated by the Executive Director of the Mayors’ Council of
Guam who shall also be responsible for the transitions of each
Mayoral Office. Should an incumbent Mayor and an incumbent
Vice Mayor not be successful in an election, all property,
equipment, and documents belonging to the Office shall not be
removed by the exiting Mayor or Vice Mayor.
SOURCE: Added by P.L. 29-031:4 (Oct. 25, 2007), amended by P.L. 30047:3 (July 14, 2009).
§ 40104. Terms of Office.
There shall be an election of Mayors and Vice Mayors at the
regular general election in November, 1952, and at the regular
general election in every fourth year thereafter, and they shall
serve for a period of four years.
SOURCE: GC § 15002 amended by P.L. 4-1 and 20-33:1.
§ 40105. Mayors Council.
There is established a Mayors Council comprised of all
Mayors and Vice Mayors. The Officers of the Council shall
consist of a President, Vice-President, Secretary, Treasurer and a
Sergeant-at-Arms. Elections shall be held every two (2) years,
with the first election to be conducted on the first Tuesday in
January following the General Election. The Council shall adopt
its own rules and by-laws; provided, that such rules and by-laws
do not impede, restrict or in any way limit the authority of each
Mayor within his district. Such rules and by-laws may be
amended or revised from time to time upon a vote of two-thirds
(2/3) of the membership of the Council. A quorum of the Council
shall consist of not less than sixty percent (60%) of the members,
and no action of the Council shall be effective unless it shall be
adopted by a majority of the membership.
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SOURCE: GC 15003. Repealed and reenacted by P.L. 14-27:3, effective
05/26/77. Amended by P.L. 20-33:1; P.L. 22-50:2; P.L. 31-241:1 (Dec. 6,
2012).
§ 40106. Staffing for Villages.
The Mayors Council shall hire two (2) employees per Mayor,
at the request of the Mayor, to do maintenance work in the village
parks and community centers. The employees shall be
unclassified employees. Two (2) employees shall be assigned to
each village to work under the supervision of the Mayor and Vice
Mayor.
SOURCE: GC 15003.1 added by P.L. 18-15:X:17. Amended by P.L. 2033:1.
§ 40107. Council Staffing.
(a) Subject to budgetary limitations, the Council may hire
personnel necessary to carry out the purposes of this Chapter. The
staff shall include an Executive Director, who shall be the
Executive Secretary of the Council, who shall be responsible for
the day-to-day operations of the staff and shall also be the
Certifying Officer for the Council and the nineteen (19) municipal
funds. The Executive Director shall be responsible for the
transitions of each Mayoral Office subject to § 40103.1 of this
Chapter. The Executive Director shall, during such transition,
provide to all Mayors and Vice Mayors a compilation of laws
applicable to such office detailing the duties, responsibilities,
sources of funding, limitations, and powers of the Office of the
Mayor. The staff of the Council shall be paid such compensation
as shall be determined by the Civil Service Commission within
ninety (90) days of the enactment of this Section; provided,
however, that such compensation shall be comparable to
equivalent position classifications within the government of
Guam.
(b) Executive Director; unclassified. The position of
Executive Director shall be in the unclassified service and he shall
serve at the pleasure of the Council.
SOURCE: GC § 15004 repealed/reenacted by P.L. 14-27:3. R/R by P.L.
22-50:3. Subsection (a) amended by P.L. 30-047:4 (July 14, 2009).
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CROSS-REFERENCES: See 5 GCA § 30117 for provision for attorney
(Attorney General) of the Mayors’ Council.
COMMENT: Effective January 1, 2006, the Civil Service Commission’s
duties herein were effectively transferred to the Director of Administration
pursuant to P.L. 28-68:IV:45 (Sept. 30, 2005).
§ 40108. Mayors and Vice Mayors: Qualifications.
The Mayors and Vice Mayors of Guam shall be citizens of
the United States who have attained the age of twenty-one (21)
years and shall not have been convicted of a felony or any crime
involving moral turpitude. Each Mayor and Vice-Mayor candidate
must be registered to vote in and have resided within the
municipality or area which they are to represent for a period of
one (1) year immediately preceding the date of any special or
general election at which they are candidates for election and shall
continue to reside therein throughout their term of office.
SOURCE: GC § 15005 amended by P.L. 11-176, P.L. 14-27:4 and P.L.
20-33:1. Final sentence amended by P.L. 22-50:4.
§ 40109. Compensation.
(a) The compensation of the Chief Mayor, Mayors and
Vice-Mayors shall be that provided in 4 GCA § 6206.
(b) From the date of enactment of this Subsection (b) and
until the end of Fiscal Year 2003, the Chief Mayor, Mayors, and
Vice-Mayors are authorized to reduce their salaries down to eighty
percent (80%) of the amount as computed according to Subsection
(a) of this Section, for a maximum reduction of twenty percent
(20%).
(c) A village mayor or vice-mayor who has retired from the
government of Guam who is eligible to receive retirement benefits
from the Government of Guam Retirement Fund under either the
Defined Benefit Plan created by Title 4 GCA Chapter 8, Article
One, or the Defined Contribution System created by Title 4 GCA
Chapter 8, Article Two, shall not relinquish, forfeit or have such
benefits suspended during the periods said official holds his
respective office; provided, however, that such a mayor or vicemayor, if he is a member of the Defined Benefit Plan, shall not be
deemed an active member of that Plan during his service in that
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office, and shall be eligible to contribute to the Defined
Contribution System.
SOURCE: GC § 15006 modified to reflect current code citations.
Amended by P.L. 20-33:1; P.L. 27-005:IV:10 (eff. 02/28/2003).
Subsection (c) added by P.L. 28-141:10 (July 18, 2006), retroactive to Oct.
1, 2005 pursuant to P.L. 28-141:11.
§ 40110. Vacancies.
(a) Vice-Mayors. A vacancy in the office of the Vice-Mayor
less than two hundred forty (240) days before the date of the next
general election for Mayors and Vice-Mayors shall be filled for
the unexpired term by a majority vote of the municipal planning
council of the municipality in which the vacancy occurs, subject
to the advice and consent of I Liheslatura (the Legislature).
(b) Mayors. If by reason of death, resignation, removal
from office, inability or failure to perform, there shall be a vacancy
in the office of the Mayor less than two hundred forty (240) days
before the date of the next general election for Mayors and ViceMayors, it shall be filled by the Vice-Mayor in a municipality
where there is a Vice-Mayor, and there shall be a vacancy in the
position of Vice-Mayor until the end of the term. In a municipality
where there is no Vice-Mayor and the vacancy is less than two
hundred forty (240) days before the date of the next general
election for Mayors and Vice-Mayors, the vacancy shall be filled
by a majority vote of the municipal planning council of the
municipality in which the vacancy occurs, subject to the advice
and consent of I Liheslatura (the Legislature).
SOURCE: GC § 15007. Amended by P.L. 4-2:3, P.L. 14-27:5; Subsection
(b) amended by P.L. 15-74:1 and P.L. 20-33:1. Repealed and reenacted by
P.L. 22-50:5. Subsection (a) and (b) amended by P.L. 30-160:1 (July 14,
2010), and P.L. 32-129:4 (Feb. 10, 2014). Subsection (c) repealed by P.L.
32-129:3 (Feb. 10, 2014)
§ 40111. Term of Office; Ceremony.
(a) Term of office; commencement. The term of office of
Mayors and Vice-Mayors shall commence at 12:00 meridian on
the first Monday in January following their election, and shall
expire at 12:00 meridian on the first Monday in January following
the next regular general election of Mayors and Vice-Mayors.
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(b) Ceremony. The oaths of office shall be taken by the
respective Mayors and Vice Mayors at the time their terms
commence and the Executive Director of the Mayors Council (the
Council) shall organize a suitable ceremony at which such oaths
of office shall be administered by a Judge of the Superior Court or
an outgoing Mayor or Vice Mayor. The Council shall determine
the site of such ceremony and is authorized to expend thereon not
to exceed Twenty-Five Thousand Dollars ($25,000.00) from its
annual budget. The Council (or its authorized representative) is
hereby authorized to solicit monetary and in-kind donations for
the purposes of defraying the cost of the ceremony.
SOURCE: GC § 15008. Amended by P.L. 4-2:4, P.L. 20-33:1, P.L. 20183:3, P.L. 31-241:2 (Dec. 6, 2012).
§ 40112. Powers, Duties and Responsibilities.
A Mayor shall perform the following duties and
responsibilities in his district:
(a) Serve as the direct administrative representative of
the people of the district from which he is elected.
(b) Plan and implement a street name and house
numbering system.
(c) Oversee, coordinate or undertake beautification
programs including a clean-up and removal of public
nuisance and debris, and, to this end, is hereby authorized to
officially utilize, establish regular and consistent working
relations and effectively coordinate with the Department of
Public Works, the Department of Parks and Recreation and
any other entity within the government of Guam and may
also work with non-profit organizations.
(d) In cooperation with the appropriate department or
agency conduct or cause to be conducted a periodic sanitary,
health and environmental inspection in accordance with
guidelines set forth by the appropriate public agency. He may
issue a warning for a first violation or report the same to the
appropriate government agency for action.
(e) Be responsible for the maintenance and security of
the Mayor’s Office in his district.
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(f) Be responsible for maintenance of village streets,
parks and recreation facilities, in conjunction with the
Department of Public Works and Department of Parks and
Recreation pursuant to § 40113 of this Chapter.
(g) Assist appropriate government agencies in
implementing social services and public assistance programs
within his jurisdiction.
(h) Serve as peace officer and assist in the maintenance
of law and order in his district.
(i) Act as an official representative of his district at
legislative and executive public hearings involving matters
affecting his district.
(j) Assist in coordinating the civilian emergency
preparedness system in time of emergency or disaster.
(k) Submit an annual written report to the Governor and
the Guam Legislature on the activities of his office,
expenditure of funds allotted and make general comments
and recommendations relative to the state of his district.
(l) Make a report to the residents of his district on a
quarterly basis at a properly noticed public meeting to be held
within the district.
(m) Conduct an annual census and maintain a current
listing of names of all residents in his jurisdiction; and as part
of the process of conducting the annual census, verify veteran
status of residents, if any, and submit a separate annual report
of the names and total number of veterans residing in his/her
jurisdiction to the Office of Veterans Affairs for the purpose
of updating the Guam Veterans Registry.
(n) Cooperate with any agency and department of the
government of Guam in matters pertaining to his district and
work jointly with officials of the government of Guam
toward the attainment of peace, order, justice and the general
economic and social welfare of the people of Guam.
(o) To issue citations to owners of property for failure to
remove property deemed unsafe by building officials
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pursuant to §§ 66501 through 66507 of Title 21, Guam Code
Annotated. In the event that the owner does not remove the
unsafe structure, the Mayor or Vice-Mayor may have the
structure cleared and submit the bill to the owner for
payment. In the event that the Mayor of Vice-Mayor takes
action to clear the unsafe structure, a ten percent (10%)
surcharge shall be added to the bill, and the surcharge shall
be deposited into the Municipal Fund. Should the owner
refuse to pay, the Mayor or Vice-Mayor shall forward the
claim to the Attorney General requesting that steps be taken
to record a lien against the property in the amount of the
unpaid bill.
(p) Coordinate with the Department of Public Works
(DPW) and the Guam Police Department (GPD) in
determining where speed bumps should be located in their
village streets. DPW shall construct and maintain such speed
bumps after their location is so determined and after
obtaining the concurrence of GPD. DPW shall post warning
signs on such streets with speed bumps cautioning drivers to
beware of pedestrians and to slow down.
(q) To administer the Oath of Office to Municipal
Planning Council members, and to officers-elect and board
members-elect of organizations and associations. This
authority may be delegated to a village Vice Mayor upon the
discretion of that same village’s Mayor.
(r) To block or close off non-routed streets and
roadways in their villages during village funerals, fiestas, and
other events without obtaining any highway encroachment
permit from the Department of Public Works. The Mayor
shall post notice at the site indicating when the road closure
is pursuant to the authority granted herein.
(s) To serve on the Hybrid Guam Land Use
Commission as “Municipal Commissioners” pursuant to §
60401 of Article 4, Chapter 60, Title 21 GCA.
(t) Solicit veteran status (if any) of constituents
applying for a verification of residency and offer the option
of listing veteran status on the verification of residency form,
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upon presentation of a DD214 form.
(1) Constituents may provide a copy of their
DD214 form or other proof of veteran status as a
qualifying document.
(2) With the documented consent of the party of
interest, Mayors shall transmit a copy of the DD214
form or other proof of veteran status to the Office of
Veteran Affairs no later than thirty (30) days after
residency verification for the purpose of updating the
Guam Veterans Registry and connecting veterans to
available services.
(3) If constituent is unable to provide a DD214
form or other proof of veteran status, Mayors shall
indicate on constituent’s verification form that
qualifying documents were not provided.
(4) With the documented consent of the party of
interest, Mayor shall transmit a copy of the Mayor’s
Verification to the Office of Veteran Affairs.
Transmission of forms may be made by electronic
means over a secured network as prescribed by the
Office of Technology and the Office of Veterans
Affairs.
(5) The Office of Veteran Affairs shall have the
authority to adopt regulations to implement and
administer the provisions of this Subsection.
SOURCE: GC § 15009 repealed/reenacted by P.L. 14-27:6; subsection (c)
further amended by P.L. 15-85:1. Subsection (f) amended by P.L. 1815:X:18. Subsection (o) added by P.L. 21-119:3. Subsection (p) added by
P.L. 22-61:2. Subsection (q) added by P.L. 27-50:2. Subsection (r) added
by P.L. 31-188:1 (Feb. 27, 2012); amended by P.L. 31-224:1 (June 15,
2012). Subsection (s) added by P.L. 33-219:4 (Dec. 17, 2016). Subsection
(m) amended by P.L. 34-130:2 (Oct. 17, 2018). Subsection (t) added by
P.L. 34-130:3 (Oct. 17, 2018).
2018 NOTE: Subitem designations added to subsection (t) pursuant to the
authority of 1 GCA § 1606.
NOTE: P.L. 22-61:1, Legislative finding, states:
The Legislature finds that in view of the distressingly high
number of pedestrian accidents on village streets, it is critical that
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something be done to slow the speed of vehicles on such streets that
all too frequently are filled with cars exceeding the speed limits. The
Mayors of each municipal district are charged with the responsibility
of maintaining their village streets and know which streets have a
need for such speed bumps, and therefore the Legislature finds the
Mayors are best suited to work with the Department of Public Works
and the Guam Police Department in determining which village
streets need speed bumps and where.
§ 40113. Mayors: Maintenance Functions and Areas of
Responsibility.
(a) Mayors shall have exclusive responsibility, in the areas
defined in Subsection (b) of this Section, for performing general
minor repair and maintenance work which may include, but is not
necessarily limited to, cleaning, painting, plumbing, trash
collection, landscape maintenance, upkeep of drainage facilities,
planting of trees, plants and flowers, maintenance of street signs
and replacement of streetlights. For purposes of this Section,
“minor repair and maintenance work” shall include only work for
which the combined costs of supplies and labor does not exceed
Five Thousand Dollars ($5,000.00) for any particular repair or
maintenance project or activity.
(b) The Mayors are responsible for general minor repair and
maintenance of village public streets and roads, public streetlights,
public buildings being used to house the Mayor’s Office, and
community centers in their respective districts, and the following
areas:
(1) The Mayor of Agat is responsible for the Agat
Recreation Area, San Jose Circle, and the former Agat Fire
Station located on Lot # 443 Part 1-2 New 1.
(2) The Mayor of Agana is responsible for the Agana
basketball court;
(3) The Mayor of Agana Heights shall be responsible for
the Agana Heights Recreation Area and the care and
administration of Lot No. 64-3, Agana Heights, Guam,
containing an area of 5,120.23± square meters, as shown in
Instrument No. MA11092, Department of Land
Management, and Document No. 340078, Department of
Land Management, the former site of the United States Naval
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Hospital incinerator, which shall be utilized for public
recreation purposes;
(4) The Mayor of Asan is responsible for the Asan
Recreation Area and the Maina Recreation Area;
(5) The Mayor of Barrigada is responsible for the
Barrigada Recreation Area;
(6) The Mayor of Chalan Pago and Ordot is responsible
for the Jose U. Atoigue Memorial Park;
(7) The Mayor of Dededo is responsible for the
Astumbo Recreation Area, Central Park, the Civic Center,
the Dededo Recreation Area and the Dededo Municipal
Building;
(8) The Mayor of Inarajan is responsible for Recreation
Area I, Recreation Area II, the Malojloj Recreation Area, and
the Inarajan Community Center. Administrative jurisdiction
over the Inarajan Community Center is hereby transferred
from the Department of Parks and Recreation to the Inarajan
Mayor; provided, that the Mayor uses the Community Center
for civic and community purposes. Such purposes may
include, but are not limited to, a community and recreational
center; a learning center; a museum; or a fishermen’s and
farmer’s cooperative;
(9) The Mayor of Mangilao is responsible for Plumeria
Park, Mangilao Park and the Mangilao Playground;
(10) The Mayor of Merizo is responsible for the Merizo
Recreation Area, the Tot Lot, and the Merlyn G. Cook
Schoo1;
(11) The Mayor of Mongmong-Toto-Maite is
responsible for the Mapas Recreation Area and the Toto
Recreation Area;
(12) The Mayor of Piti is responsible for the Piti
Community Ball Park and the Pedro C. Santos Memorial
Park;
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(13) The Mayor of Santa Rita is responsible for the
Santa Rita Recreation Area and the Jose (Icha) M. Guzman
Baseball Field;
(14) The Mayor of Sinajana is responsible for the
Community Parks A, B, and C;
(15) The Mayor of Talofofo is responsible for the
Talofofo Recreation Area;
(16) The Mayor of Tamuning-Tumon is responsible for
the Tamuning and Tumon Recreation Areas;
(17) The Mayor of Umatac is responsible for the Umatac
Recreation Area;
(18) The Mayor of Yigo is responsible for the Agafa
Gumas Recreation Area and the Yigo Recreation Area;
(19) The Mayor of Yona is responsible for Blas Park,
Pangelinan Park, Quichocho Park, Violet Park, and the Yona
Community Park. The Office of the Mayor shall also have
administrative authority of the Taga’chang Beach Park and
shall adopt the Department of Parks and Recreation rules and
regulations and the fee schedule for the use of the Park, any
of its recreation shelters or any activity within the premises
of the Park; and shall allocate a portion of the proceeds,
which shall be deposited subject to the provisions of § 40135
of this Chapter, received for such use, for the maintenance
and upkeep of the Taga’chang Beach Park.
(20) The Mayor of Merizo is responsible for the Merizo
Pier Park. The authority for allowing use of the facility and
assessment of authorized fees, as currently exercised by the
Department of Parks Recreation, shall be made a part of the
granting of this responsibility, in the interim, until the Mayor,
through the AA process, formulates a new fee structure or
new rules and regulations.
(c) Nothing in this Chapter shall be interpreted as limiting the
power of Mayors to enter into contracts for the performance of
repair and maintenance functions.
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(d) All Mayors’ Offices shall be allowed to dump for free
their Village trash or debris at the Ordot dump, the Agat transfer
station and any other permitted dump site operated by the
Department of Public Works (DPW). This trash or debris shall
come strictly from their duties in maintaining Village streets and
public buildings, parks or facilities in their Villages, including the
clean-up and removal of public nuisances and debris.
(e) Transfer of the Baza Gardens Baseball Field from the
Department of Parks and Recreation to the Office of the Mayor of
Yona. The Baza Gardens Baseball Field located at the entrance
of the Baza Gardens housing area, designated as Lot No. 95-REM
2C-1, Municipality of Yona, Guam, containing an area of two (2)
acres, is hereby officially transferred from the control of the
Department of Parks and Recreation to the control of the Office
of the Mayor of Yona. The Office of the Mayor of Yona shall be
responsible for the overall administration, operation and maintenance of the baseball field for use by the residents of Yona and the
island community.
SOURCE: GC § 15009.5 added by P.L. 18-15:X:19. Amended by P.L.
20-33:1. Subsection (b)(3) repealed and reenacted by P.L. 24-133:2.
Subsection (d) added by P.L. 26-35:III:23(b). Subsection (e) added by P.L.
27-39:2. Subsection (b)(3) amended by P.L.27-73:2. Subsection (b)(10)
amended by P.L. 28-153:2 (Nov. 22, 2006). Subsection (b)(7) amended
by P.L. 29-049:3 (Jan. 2, 2008). Subsection (b)(20) added by P.L. 30078:3 (Jan. 22, 2010). Subsection (b)(19) amended by P.L. 31-162:1 (Jan.
4, 2012). Subsection (b)(8) amended by P.L. 31-241:3 (Dec. 26, 2012).
Subsection (b)(1) amended by P.L. 32-014:3 (Apr. 11, 2013).
§ 40114. Hagåtña Mayor: Sagan Dinana.
(a) The Mayor of Hagåtña may set a reasonable fee for the
use of Sagan Dinana, according to the provisions of the
Administrative Adjudication Law, and shall collect the fee.
(b) There is created a revolving fund within the General
Fund, which is to be accounted for separate from other accounts
within the General Fund, to be known as the Sagan Dinana
Revolving Fund. The fees collected pursuant to Subsection (a) of
this Section shall be placed into this revolving fund.
(c) The funds placed in the Sagan Dinana Revolving Fund
shall be used for maintenance and repair of Sagan Dinana, upon
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certification for the expenditure of the funds by the Mayor of
Agana.
SOURCE: GC § 15009.6 enacted by P.L. 18-40:37.
§ 40115. Authority of Mayors & Vice Mayors.
Mayors and Vice Mayors are authorized and empowered:
(a) To act as the executive head for the administration
of the laws of Guam in his jurisdiction.
(b) To act as a peace officer in his jurisdiction.
(c) To fine violators of sanitary and health laws and to
cite violators of litter and defacement laws and regulations.
Such citations shall be accompanied by an order to appear at
the Traffic Court Division of the Superior Court of Guam,
pursuant to § 51206 of Article 2, Chapter 51, 10 GCA. The
Traffic Court shall have the authority to impose a fine to
those found guilty of violating such laws and regulations.
(1)(A) Any person in violation of § 51205(a) of
Article 2, Chapter 51, 10 GCA shall be fined Two
Hundred Dollars ($200.00) for the first offense,
Three Hundred Dollars ($300.00) for the second
offense, and Five Hundred Dollars ($500.00) for
the third and subsequent offenses.
(B) In addition to the fine pursuant to
Subsection (c)(1) of this Section, the court shall
require the offender to pick up litter or perform
community service, or both, under the supervision
of the Mayor, or in the Mayor’s absence, the Vice
Mayor, for eight (8) hours for the first offense,
sixteen (16) hours for the second offense, and
thirty-two (32) hours for the third and subsequent
offenses.
(2)(A) A person in violation of § 51205(b) of
Article 2, Chapter 51, 10 GCA shall be fined Five
Hundred Dollars ($500.00) for the first offense,
Seven Hundred Fifty Dollars ($750.00) for the
second offense, and One Thousand Dollars
($1000.00) for the third and subsequent offenses.
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(B) In addition to the fine pursuant to
Subsection (c)(2) of this Section, the court shall
require the offender to pick up litter or perform
community service, or both, under the supervision
of the Mayor, or in the Mayor’s absence, the Vice
Mayor, for forty (40) hours for the first offense,
sixty (60) hours for the second offense, and one
hundred twenty (120) hours for the third and
subsequent offenses.
(3) A person convicted of any litter offense under
this Section may also be required by the court to pay the
cost of removing the litter they caused.
The Superior Court of Guam shall transfer all money
collected to pay fines imposed under this Section in the
following manner: fifty percent (50%) to the Litter Control
Revolving Fund established in § 51204 of Article 2, Chapter
51, Title 10, Guam Code Annotated, and fifty percent (50%)
to the Municipal Litter and Defacement Fund.
The community service may include cleaning of
roadsides and public grounds, and the cleaning of public
buildings and facilities; anti-littering and recycling
educational outreach; and assisting with recycling efforts
within the municipality in which the violation took place.
Such community service shall be assigned by the Mayor, or
in the Mayor’s absence, by the Vice Mayor. Any decision or
action of the Mayor or Vice Mayor pursuant to the authority
of this Section may be appealed to the Superior Court of
Guam within thirty (30) days of the date of such decision or
action.
SOURCE: GC § 15010. Amended by P.L. 20-033:1 (Sept. 6, 1989).
Subsection (c) amended by P.L. 21-126:3 (Jul 28, 1992). Subsection (c)
amended and subsection (d) added by P.L. 21-141 (Oct. 2, 1992), §§ 1 and
2, respectively. Subsection (c) amended by P.L. 25-119:4 (Mar. 25, 2000);
P.L. 25-170:6 (Oct. 19, 2000); and P.L. 36-061:6 (Oct. 18, 2021).
2021 NOTE: Subsection designations in subsection (c) added/altered
pursuant to the authority of 1 GCA § 1606.
COMMENT: When interrogating a person the Mayors are subject to the
requirement of giving a person his “Miranda rights” just as is any other
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peace or police officer, and under the same circumstances. Rosario v.
People of the Territory of Guam, 391 F.2d 869 (1968).
§ 40115.1. Mayors Empowered with Approving Authority.
(a) Notwithstanding any other provisions of law, individual
Mayors are granted authority to sponsor and to approve
concessions, festivals, fiestas, or other village events associated
with the promotion of the Chamorro culture, tradition, heritage
and tourism, and officially sponsored by their mayoral office, or
by the Mayors’ Council of Guam, to be held within village
property under the jurisdiction and control of the Mayor or
Municipal Planning Council of that village. The names of the
events shall be at the discretion of the Mayor. The net proceeds
of such concessionary activity shall be given to the Municipal
Planning Council of the Village in which the activity is held.
(b) The Village Mayor or Vice-Mayor will provide a report
of the amount of the proceeds that is transmitted to the Municipal
Planning Council not more than thirty (30) days from the last day
of such event to the Department of Revenue and Taxation, I
Maga’lahen Guåhan, the Speaker of I Liheslatura, and the Office
of Public Accountability.
(c) This special authority granted to Mayors does not negate
any other governmental requirement from being met, including,
but not limited to, health and sanitary permits if such
concessionary activities involve the handling of consumables, or
the approval and permitting for gambling and cockfighting
activities, or other permit or licensing requirements. A Certificate
of Approval affixed with the approving Mayor’s signature shall
constitute the official authorization for a concessionary activity
not to exceed a period of thirty (30) days. Such document shall
indicate the nature of the activity and the activity’s duration,
which shall not exceed sixty (60) days from issuance of approval.
A copy of the certificate shall be transmitted to the Speaker of I
Liheslaturan Guåhan. The funds and activities generated in this
Section shall be subject to annual audit by the Office of Public
Accountability.
SOURCE: Added as § 40115.A by P.L. 30-068:2 (Nov. 27, 2009).
Renumbered by Compiler to harmoniously fit this chapter.
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2021 NOTE: Subsection designations added pursuant to the authority of 1
GCA § 1606.
§ 40116. Duties of the Vice Mayor.
The Vice Mayor shall assist the Mayor in the discharge of his
duties as prescribed in § 40112 of this Chapter, and to perform
other related duties as may be assigned by the Mayor. In the event
of the absence of the Mayor from the Territory or his incapacity
due to illness or injury, the Vice Mayor shall serve as Acting
Mayor for the duration.
SOURCE: GC § 15011 repealed/reenacted by P.L. 14-27:7.
§ 40117. Provision for Office Space.
The government of Guam shall provide adequate office space
for every Municipal Mayor and Vice Mayor, such offices to be
within the municipalities served by the respective Mayors and
Vice Mayors. In the event private property is needed for such
office, the government shall lease the same only after public
bidding.
SOURCE: GC § 15012 added by P.L. 10-13 and amended by P.L.
20-33:1.
§ 40118. Municipal Fund.
There is hereby created a Municipal Fund in the amount no
less than Twenty-five Thousand Dollars ($25,000.00) for each
Mayor. Said fund may be used for any of the following purposes:
(a) To defray the cost of providing group transportation
for legitimate district participation in programs and activities
involving the residents of his district.
(b) To defray the cost of services and equipment,
including food purchased for official functions, which are
essential to promoting or undertaking organized sports,
recreation, cultural and civic activities in his district.
(c) To defray the cost of providing immediate
humanitarian services in case of emergency or unforeseen
circumstances. In no case shall such service exceed Five
Hundred Dollars ($500) in cash or materials, or services
rendered.
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(d) To defray the cost of services, logistics and supplies
in the discharge of his duties as prescribed in § 40112 of this
Chapter exclusive of salaries of the Mayor, Vice Mayor and
office personnel as prescribed in § 40121. No portion of this
fund shall be committed or spent without the approval of the
Municipal Planning Council, as created under the provisions
of § 40124 of this Chapter. Furthermore, no portion of the
Municipal Fund shall be committed or spent unless the
availability of funds is certified by the Certifying Officer of
the Mayor’s Council.
SOURCE: GC § 15012 added by P.L. 14-27:8; amended by P.L. 1815:X:21 and 20-33:1. Subsection (b) amended by P.L. 22-50:6. Subsection
(e) added by P.L. 22-50:7. Subsection (e) repealed by P.L. 23-45:IV:3.
§ 40119. Community Development Fund.
(a) Community Development Fund Use Option. Each Mayor
may expend funds appropriated from the Community
Development Fund for personnel services, contractual services or
a combination thereof.
(b) Mayoral Administration. Each Mayor is hereby
authorized to directly solicit and administer contracts for
construction, road repair and beautification projects in accordance
with procurement laws, and procurement rules and regulations,
and availability of funds not to exceed a cost of Fifty Thousand
Dollars ($50,000.00) per contract. Such projects are to be
reviewed by the Department of Public Works for compliance
assurance within five (5) working days. The issuance and
administration of purchase orders for items approved by the
Department of Public Works for procurement herein shall be the
responsibility of the Mayors’ Council.
(c) Procurement.
(1) The Mayors’ Council of Guam is authorized under §
6959.3 of the Procurement Law to procure supplies or
services of less than Fifteen Thousand Dollars ($15,000.00)
without the approval of the General Services Administration.
(2) Mayors are authorized to use the fees collected and
deposited in accordance with § 3202(j) & (k) of Title 19
GCA, Chapter 3, to procure services and supplies for the
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maintenance of parks as listed in § 40113 of this Chapter; for
the planting of trees, plants, and flowers; for maintenance of
street signs; for replacement of street lights; and for
landscape maintenance.
(d) There is established a Community Development Fund
which shall be maintained separate and apart from any other funds
within the Government of Guam and independent records and
accounts shall be maintained in connection therewith. Money in
the Community Development Fund shall be allocated by the
Mayor’s Council of Guam to Mayors for payment of salaries of
employees performing minor repairs and maintenance in
accordance with § 40113 of this Chapter and for purchase of
equipment and supplies necessary for performing minor repairs
and maintenance in accordance with § 40113 of this Chapter. The
Mayor’s Council also may use money in the Community
Development Fund to purchase equipment and supplies for the
general use of all the Mayors in the performance of minor repairs
and maintenance pursuant to § 40113 of this Chapter.
SOURCE: GC § 15012.5 added by P.L. 18-15:X:22. Subsections (a), (b)
and (c) added by P.L. 25-118:2-4. Original section relettered to subsection
(d) by Compiler. Subsection (c) amended by P.L. 29-113:VI:50 (Sept. 30,
2008).
§ 40120. Transfer of Existing Programs, Assets and Unexpended Funds from the Chief Mayor’s Office to the Council.
Upon the effective date of this Law, the Governor shall
authorize the immediate and orderly transfer of existing programs
and functions, personnel, equipment, furniture, supplies, records,
documents and unexpended funds from the Office of the Chief
Mayor for purposes of this Chapter to the full control and
administration of the Council.
SOURCE: GC § 15013 added by P.L. 14-27:9.
§ 40121. Personnel for Individual Mayors.
Subject to budgetary limitations, each Mayor is authorized to
hire such personnel as are necessary to effectuate the purposes of
this Law, who shall serve as unclassified employees of the
Government. Their rate of compensation shall be fixed by the
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Council at the rate comparable to that paid a government
employee serving in similar position within the classified service.
SOURCE: GC § 15014 added by P.L. 14-27:9. Amended by P.L. 20-33:1.
§ 40122. Capital Projects Participation.
The Mayors shall be authorized to participate in the annual
consideration of capital improvements program by the Executive
Branch. They shall be allowed to express their views, make
recommendations and propose projects for their respective
districts.
SOURCE: GC § 15015 added by P.L. 14-27:9. Amended by P.L. 20-33:1.
§ 40123. Advising the Mayor.
All government of Guam departments and agencies shall
advise in writing and appraise the Mayor of any public works
project or activity to be undertaken in his district at least five days
prior to the start of said project or activity. In case of an
emergency, said department or agency shall advise the Mayor of
the same immediately.
SOURCE: GC § 15016 added by P.L. 14-27:9 and amended by P.L. 2033:1.
§ 40124. Municipal Planning Council: Establishment.
There is established a Municipal Planning Council within
each of the districts of the territory of Guam.
SOURCE: GC § 15017 added by P.L. 14-27:9.
§ 40125. Composition and Eligibility of Council Members.
(a) A Municipal Planning Council shall be composed of ten
(10) members to be appointed by the Mayor from among the
residents of the district who are registered voters, who are U.S.
citizens, and who are at least eighteen (18) years of age. In
addition, the Mayor may appoint one (1) additional member to the
Municipal Planning Council for every one thousand (1,000)
residents of the district in excess of ten thousand (10,000);
provided, that the total membership shall not exceed twenty (20)
members.
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(b) A Mayor and a Vice-Mayor shall be ex officio members
of their respective Municipal Planning Councils, may participate
in all proceedings, and shall be eligible to vote thereat. The Mayor
shall be chairman of the Municipal Planning Council.
SOURCE: GC § 15018 added by P.L. 14-27:9. Amended by P.L. 20-33:1;
amended by P.L. 21-69:2.
2021 NOTE: Subsection designations added pursuant to the authority of 1
GCA § 1606.
§ 40126. Municipal Planning Council: Term of Office.
Each member of the Municipal Planning Council shall hold
office for a period of two (2) years, said term to begin on the first
Monday in January following his or her appointment.
SOURCE: GC § 15019 added by P.L. 14-27:9.
§ 40127. Municipal Planning Council: Vacancy.
In case of a vacancy on the Municipal Planning Council by
reason of death, resignation or incapacity, said vacancy shall be
filled by appointment of the Mayor.
SOURCE: GC § 15020 added by P.L. 14-27:9 and amended by P.L. 2033:1.
§ 40128. Municipal Planning Council: Powers, Duties and
Responsibilities.
The Municipal Planning Council in each district shall work
closely with the district Mayor and shall perform the following
duties and responsibilities:
(a) Advise the Mayor on all matters affecting the wellbeing of the community.
(b) Review and approve the Mayors’ requests for
expenditures of money from the Municipal Fund as
established by § 40118 of this Chapter.
(c) Hold joint public hearings with the Mayor and Vice
Mayor, if applicable, on matters affecting the community.
(d) Cooperate with the Mayor and Vice Mayor, if
applicable, in whatever manner appropriate to ensure the
well-being of the residents of the community.
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(e) Promulgate such rules and regulations as necessary
for the proper operation of the programs under the
jurisdiction of the Mayor, provided however, that said rules
and regulations do not infringe on the authority of the Mayor
as provided in § 40115 of this Chapter.
(f) (1) Review and express its support or opposition on
all variance applications, zone changes, and government
leases involving land within their districts, pursuant to
§§ 61623, 61638, and 60115 of Title 21, Guam Code
Annotated. The Municipal Planning Council of each
municipal district to be affected by other proposed
projects reviewed by the Guam Land Use Commission
shall review the request and express its support or
opposition thereon by resolution adopted by a majority
of its members, and such resolutions shall be forwarded
to the Guam Land Use Commission.
(2) For each variance application, zone change,
government lease, conditional use application, and other
proposed project reviewed by the Guam Land Use
Commission involving land in Guam, the relevant
Municipal Planning Council of Guam’s respective
villages shall conduct a minimum of two (2) separate
public meetings, pursuant to the requirements of
Chapter 8, Division 1, Title 5, Guam Code Annotated.
(g) The Guam Environmental Agency (GEPA) and all
other government entities authorized to issue citations for
violations of litter and defacement laws may deputize
persons, after training from the Guam Community College
Pro-Tech Institute, to fine violators of litter and defacement
laws in the same manner that Mayors and Vice-Mayors are
empowered in 5 GCA § 40115.
(h) The Municipal Planning Council shall act as the
body politic with the power to make its own rules, establish
committees, hold hearings, and to prepare, pass, and adopt
resolutions. If a resolution from a Municipal Planning
Council requests action from I Liheslaturan Guåhan, the
resolution shall be received by the Rules Committee, or its
equivalent, of I Liheslaturan Guåhan.
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(i) Each Municipal Planning Council shall, on or before
July 30 of each year, submit a status report on the Municipal
Litter and Defacement Fund to I Liheslaturan Guåhan.
SOURCE: GC § 15021 added by P.L. 14-27:9 and amended by P.L. 20033:1. Subsection (f) added by P.L. 20-217:7, amended by P.L. 33-068:2
(Sept. 15, 2015, and P.L. 33-129:1 (Mar. 4, 2016). Subsection (g) added
by P.L. 25-119:2. Subsection (h) added by P.L. 30-088:1 (Feb. 8, 2010).
Subsection (i) added as uncodified law by P.L. 25-119:5 (Mar. 24, 2000)
and codified to this section by the Compiler.
NOTE: In adding this section, P.L. 14-027:9 (March 26, 1977) contained
erroneous references to GCA in subsections (b) and (e). Pursuant to the
authority granted by 1 GCA § 1606, these references have been altered to
refer to the correct GCA provisions.
§ 40129. School Bus Shelters.
School bus shelters shall be placed at necessary places within
each of the 19 municipal districts of the Territory and such
placement shall be in accordance with the decision of each
municipal council, subject to the availability of funds and
requirements of public safety as determined by the Chief of Police
and Director of Public Works and the President of the Mayors’
Council. Once placed, school bus shelters shall not be removed,
dismantled, or relocated without the consent of the village council
of the municipal district involved.
SOURCE: GC § 15021.1 added by P.L. 17-29:9. Amended by P.L. 20033:1.
COMMENT: Chief of Police substituted for Director of Public Safety
pursuant to P.L. 17-078:1.
§ 40130. Municipal Planning Council: Meetings.
(a) Each Municipal Planning Council shall meet regularly, at
least once a month, or more often as necessary. A two (2) day
notice shall be given for a special meeting; provided, that the
members may waive notice by all executing a written waiver. A
quorum, which consists of a majority of the members, is required
for any action by the Council.
(b) Each Council member, except the Mayor and ViceMayor, shall be eligible to receive a stipend of Fifty Dollars ($50)
for every regular and special meeting attended; provided,
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however, that such stipend shall not exceed One Hundred Dollars
($100) in any one (1) calendar month.
SOURCE: GC 15022 added by P.L. 14-027:9; amended by P.L. 21-69:3.
§ 40131. Municipal Litter and Defacement Fund.
There is established a Municipal Litter and Defacement Fund
for each municipality which shall be maintained separate and apart
from any other funds of the government of Guam and shall be
controlled and administered by the Municipal Planning Council of
each municipality. Independent records and accounts shall be
maintained in connection therewith by each Municipal Planning
Council. Monies received from 5 GCA § 40115(c), or 5 GCA §
40128(g), shall be deposited into the Municipal Litter and
Defacement Fund of the municipality of the Mayor, Vice-Mayor
or Municipal Planning Council member issuing the citation. The
monies shall be used by the Mayor with the approval of the
Municipal Planning Council for beautification and safety projects,
including, but not limited to, the purchase of supplies.
SOURCE: Added by P.L. 21-126:4. Amended by P.L. 25-119:3.
§ 40132. Effective Date.
This Act shall take effect immediately upon enactment, but
the Governor may postpone the actual transfer of all or a portion
of such functions to be transferred by this law until such time as
the organization provided for can be put in full force and effect
but not later than January 1979. Except as otherwise provided
herein, all officers, their subordinates and employees whose
functions are covered by this Act, shall continue to perform their
duties from the date this Act takes effect.
SOURCE: GC § 15023 added by P.L. 14-027-9. Renumbered to § 40132
by P.L. 21-126:4.
§ 40133. Establishment and Use of the Agana Heights
Gymnasium Fund.
There is established, separate and apart from any other
government fund, an Agana Heights Gymnasium Revolving
Fund. The Agana Heights Municipal Planning Council is
authorized to establish, charge, collect and approve money for the
use of the Agana Heights village gymnasium. The Fund shall be
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used for personnel, operations, and maintenance of the Agana
Heights Gymnasium. The Agana Heights Mayor shall be the
custodian and certifying officer of the Fund.
SOURCE: Added by P.L. 23-045:IV:1.
§ 40134. Establishment and Use of the Tamuning Gymnasium
Fund.
There is established, separate and apart from any other
government fund, a Tamuning Gymnasium Revolving Fund. The
Tamuning Municipal Planning Council is authorized to establish,
charge, collect and approve money for the use of the Tamuning
village gymnasium. The Fund shall be used for personnel, operations, and maintenance of the Tamuning Gymnasium. The
Tamuning Mayor shall be the custodian and certifying officer of
the Fund.
SOURCE: Added by P.L. 23-045:IV:2.
§ 40135. Creation of the Municipal Planning Council
Revolving Fund.
There is hereby established nineteen (19) Municipal Planning
Council Revolving Funds under the control and custody of the
respective village Municipal Planning Councils. Each village shall
establish their own fund that will be separate and apart from other
funds, including the General Fund. The Mayors Council of Guam
is hereby authorized to set charges for the use of community
centers and all sports facilities, except village gymnasiums. These
proposed fees shall be submitted to I Liheslaturan Guåhan (the
Guam Legislature) for approval. The Mayor and the Municipal
Planning Councils of each village are hereby authorized to raise
funds through charging commercial enterprises to advertise on the
walls of their sports facilities, raise funds through fund-raising
efforts to include approving concessionaire activities within each
municipality as approved by its Municipal Planning Council,
solicit corporate sponsorship, and to accept contributions that are
solely beneficial to the sports facilities or village. These revenues
shall be deposited into the Municipal Planning Council Funds of
each village, and shall be used for the operation and maintenance
of these facilities, and to fund special projects identified by the
Municipal Planning Councils.
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The Mayors shall take all action to ensure that the Revolving
Funds are operating in conformity with all existing statutes, rules
and regulations, codes, executive orders and any other authority,
which is applicable to the operations of the Revolving Funds. Any
balance remaining in the funds at the end of the fiscal year shall
carry over into the next fiscal year or until expended.
All disbursement transactions on the Revolving Funds shall
be as stipulated herein:
(a) the Municipal Planning Council of each village
shall approve all expenditures for that particular village;
(b) the minutes of the meetings must verify the
authorization given by the Municipal Planning Council;
(c) there must be two (2) authorized signatures;
authorized signatures shall be determined by the Mayor and
the Chairperson of the Municipal Planning Council, or a
member designee;
(d) the Mayor shall be responsible for receipts and
other substantiation as determined by the Municipal Planning
Council for all checks issued; and
(e) each Mayor shall submit a financial statement at
the end of each fiscal year to the Mayors Council of Guam.
SOURCE: Added by P.L.24-097:1. Amended by P.L. 31-178:2 (Feb. 3,
2012).
§ 40135.1. Creation of the Mayors Council of Guam (MCOG)
Revolving Fund.
There is hereby established a Revolving Fund under the
control and custody of the Mayors Council of Guam (the Council).
The Mayors Council of Guam is hereby authorized to raise funds
through fundraising efforts as approved by the Council, solicit
corporate sponsorship, and to accept contributions that are solely
beneficial to the Mayors Council of Guam. These revenues shall
be deposited into the MCOG Revolving Fund, and shall be used
to fund MCOG sanctioned programs, projects and special events.
The Council shall take all necessary precautions to ensure that the
Revolving Fund is operating in conformity with all existing
statutes, rules and regulations, codes, executive orders, and any
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other authority which is applicable to the operations of the
Revolving Fund. Any balance remaining in the funds at the end of
the fiscal year shall carry over into the next fiscal year or until
expended. All disbursement transactions on the Revolving Fund
shall be as stipulated herein:
(a) the Mayors Council of Guam is hereby authorized to
open a checking account for the purpose of establishing the
Mayors Council of Guam Revolving Fund, and for the
purpose of keeping these funds separate and apart from the
General Fund;
(b) the Council shall approve all expenditures for
MCOG sanctioned programs, projects and special events;
(c) the minutes of the MCOG meetings must verify the
authorization given by the Council;
(d) there must be two (2) authorized signatures;
authorized signatures shall be that of the President and
Treasurer of the Council. If a temporary absence occurs in
either the office of the President or Treasurer, then the order
of succession of the Officers who shall be eligible to serve in
an acting capacity shall be recognized as an authorized
signature;
(e) the Treasurer (or the Council’s authorized
representative) shall be responsible for receipts and other
substantiation as determined by the Council for all checks
issued.
(f) No later than thirty (30) days after the end of every
fiscal quarter, the President of the Mayors Council of Guam
shall submit to the Public Auditor of Guam and the Speaker
of I Liheslaturan Guåhan and post on its website, in written
and electronic format (including, but not limited to, diskettes,
CDs and email) a report making full disclosure of the Mayors
Council of Guam Revolving Fund. Said report shall be in the
form of financial statements or revenue and expenditure
reports for the Mayors Council of Guam Revolving Fund.
SOURCE: Added by P.L.31-241:4 (Dec. 6, 2012).
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§ 40136. Direct Purchase.
The Mayors’ Council is hereby authorized to purchase
equipment, supplies and services not to exceed One Thousand
Dollars ($1,000.00) per purchase, provided the Mayors’ Council
solicits a minimum of three (3) informal written or telephonic
quotations from vendors able to supply the equipment, supplies or
services sought provided; however, for purchases under Five
Hundred Dollars ($500.00), the Mayors’ Council is authorized to
procure equipment, supplies or services without the necessity of
going through the normal government procurement procedures.
Mayors shall ensure that none of the purchases under this Section
shall be artificially divided to meet the requirements of this
Section. Any violation by any Mayor shall cause that Mayor to
lose the right to purchase under this Section. A determination of
whether a violation of this Section occurred will be made by the
Chief Procurement Officer of the government of Guam’s General
Services Agency.
SOURCE: Added by P.L. 22-050:8; amended by P.L. 24-59:IV:11;
amended by P.L. 24-184, all uncodified sections. Because this is clearly a
permanent provision of the law relative to the Mayors’ Council, the
Compiler has added this uncodified section to the Guam Code Annotated
as a codified section of the law.
§ 40137. Establishment and Use of the Agat Gymnasium
Revolving Fund.
There is established, separate and apart from any other
government fund, an Agat Gymnasium Revolving Fund. The
Agat Municipal Planning Council is authorized to establish,
charge, collect, and approve money for the use of the Agat village
gymnasium. The Fund shall be used for personnel, operations,
and maintenance of the Agat Gymnasium. The Agat Mayor shall
be the custodian and certifying officer of the Fund.
SOURCE: Added by P.L. 31-178:3 (Feb. 3, 2012).
§ 40138. Establishment and Use of the Dededo Gymnasium
Revolving Fund.
There is established, separate and apart from any other
government fund, a Dededo Gymnasium Revolving Fund. The
Dededo Municipal Planning Council is authorized to establish,
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charge, collect, and approve money for the use of the Dededo
village gymnasium. The Fund shall be used for personnel,
operations, and maintenance of the Dededo Gymnasium. The
Dededo Mayor shall be the custodian and certifying officer of the
Fund.
SOURCE: Added by P.L. 31-178:4 (Feb. 3, 2012).
§ 40139. Establishment and Use of the Talofofo Gymnasium
Revolving Fund.
There is established, separate and apart from any other
government fund, a Talofofo Gymnasium Revolving Fund. The
Talofofo Municipal Planning Council is authorized to establish,
charge, collect, and approve money for the use of the Talofofo
village gymnasium. The Fund shall be used for personnel,
operations, and maintenance of the Talofofo Gymnasium. The
Talofofo Mayor shall be the custodian and certifying officer of the
Fund.
SOURCE: Added by P.L. 31-178:5 (Feb. 3, 2012).
§ 40140. Establishment and Use of the Yigo Gymnasium
Revolving Fund.
There is established, separate and apart from any other
government fund, a Yigo Gymnasium Revolving Fund. The Yigo
Municipal Planning Council is authorized to establish, charge,
collect, and approve money for the use of the Yigo village
gymnasium. The Fund shall be used for personnel, operations,
and maintenance of the Yigo Gymnasium. The Yigo Mayor shall
be the custodian and certifying officer of the Fund.
SOURCE: Added by P.L. 31-178:6 (Feb. 3, 2012).
§ 40141. Establishment and Use of the Yona Gymnasium
Revolving Fund.
There is established, separate and apart from any other
government fund, a Yona Gymnasium Revolving Fund. The
Yona Municipal Planning Council is authorized to establish,
charge, collect, and approve money for the use of the Yona village
gymnasium. The Fund shall be used for personnel, operations,
and maintenance of the Yona Gymnasium. The Yona Mayor shall
be the custodian and certifying officer of the Fund.
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SOURCE: Added by P.L. 31-178:7 (Feb. 3, 2012).
§ 40142. Gymnasium Revolving Fund.
(a) There are hereby established Gymnasium Revolving
Funds for eligible municipalities, in accordance with this Chapter,
which will be separate and apart from other funds, including the
General Fund. The Mayors Council of Guam is hereby authorized
to set charges for the use of village gymnasiums. These proposed
fees shall be submitted to I Liheslaturan Guåhan (the Guam
Legislature) for approval. The Mayor and the Municipal Planning
Councils of each village are hereby authorized to raise funds
through charging commercial enterprises to advertise on the walls
of their gymnasium, raise funds through fund-raising efforts, to
include approving concessionaire activities within each
municipality’s gymnasium as approved by its Municipal Planning
Council, and to accept contributions that are solely beneficial to
the gymnasium. These revenues shall be deposited into the
Gymnasium Revolving Fund of each eligible municipality and
shall be expended in accordance with the provisions of this
Chapter.
(b) The Mayors shall take all action to ensure that the
Gymnasium Revolving Fund is operating in conformity with all
existing statutes, rules and regulations, codes, executive orders
and any other authority, which is applicable to the operations of
the Gymnasium Revolving Funds. Any balance remaining in the
funds at the end of the fiscal year shall carry over into the next
fiscal year or until expended.
(c) All disbursement transactions on the Gymnasium
Revolving Fund shall be as stipulated herein:
(1) the Municipal Planning Council of each village
shall approve all expenditures for that particular village;
(2) the minutes of the meetings must verify the
authorization given by the Municipal Planning Council;
(3) there must be two (2) authorized signatures;
authorized signatures shall be determined by the Mayor and
the Chairperson of the Municipal Planning Council, or a
member designee;
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(4) the Mayor shall be responsible for receipts and
other substantiation as determined by the Municipal Planning
Council for all checks issued; and
(5) each Mayor shall submit a financial statement at
the end of each fiscal year to the Mayors Council of Guam.
(d) This Section shall be applicable to municipalities which
have established a Gymnasium Revolving Fund in accordance
with the provisions this Chapter.
SOURCE: Added by P.L. 31-178:8 (Feb. 3, 2012).
2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606, numbers
and/or letters were added to adhere to the Compiler’s alpha-numeric
scheme.
§ 40143. Transfer of F.Q. Sanchez Elementary School Facility.
(a) The land and buildings that comprise the former F.Q.
Sanchez Elementary School in the village of Umatac is transferred
to the administrative jurisdiction of the Umatac Mayor's office.
(b) The facility may be used for any of the following
purposes:
(1) Mayor’s office;
(2) Municipal Planning Council office;
(3) youth center or for recreational youth activities;
(4) senior citizens center;
(5) healthcare facility; and
(6) educational facility.
(c) The Umatac Municipal Planning Council is authorized
to lease portions of the facility, pursuant to § 60114, Chapter 60
of Title 21, Guam Code Annotated, relative to the leasing of
government properties, to for-profit or not-for-profit entities to
carry out the purposes of Subsection (b) of this Section.
(d) All revenues derived from the leasing or other activities
generated from the use of the facility shall be deposited in the
Umatac Municipal Planning Council Fund for the maintenance of
the facility and for village activities or improvements.
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(e) The Umatac Mayor may enter into a memorandum of
understanding with the Department of Administration for the
management of accounts related to the activities of this Section.
Administrative fees to the Department of Administration shall not
exceed two percent (2%) of the revenues.
(f) The financial operations of the facility shall be subject
to audit/review by the Office of Public Accountability.
(g) All uses, renovations and improvements to the facility
shall comply with federal historic preservation laws and
regulations applicable to Guam, and with Chapter 76 of Title 21,
Guam Code Annotated.
(h) In the event that the Umatac Municipal Planning
Council determines in the future that they no longer have a need
for the facility, title to the facility shall revert to the Chamorro
Land Trust Commission and be added to the available lands
inventory of the Chamorro Land Trust Commission.
SOURCE: Added by P.L. 32-011:1 (Apr. 11, 2013).
§ 40144. Transfer of the Former Agat Fire Station Property.
(a) The former Agat Fire Station, located on Lot # 443
Part 1-2 New 1, Route 2, Agat, is hereby transferred from the
administrative jurisdiction of the Guam Fire Department to the
administrative jurisdiction of the Office of the Mayor of Agat.
The transfer of said administrative jurisdiction shall become
effective upon the enactment of this Act.
(b) A memorandum of agreement shall be signed by the
Agat Mayor and any organization wishing to utilize the
existing Agat Mayor’s Office located at the Agat Community
Center Complex, addressing terms and conditions, to include
releasing the government from liability.
(c) Nothing herein is intended to relinquish any rights or
remedies available to the families pursuant to inclusion of the
property in the Declaration of Taking, District Court Case No.
5-49.
SOURCE: Added by P.L. 32-014:2 (Apr. 11, 2013).
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ARTICLE 2
THE COMMUNITY PARTNERSHIP COUNCIL (CPC)
SOURCE: Entire Article added by P.L. 30-213:2 (Dec. 13, 2010).
§ 40201.
§ 40202.
§ 40202.1.
§ 40203.
§ 40204.
§ 40205.
§ 40206.
§ 40206.1.
§ 40206.2.
§ 40207.
Creation of the Community Partnership Council.
Membership of Council.
Municipal Subcommittees.
Eligibility; Terms of Service.
Convening and Meetings.
Goals and Purposes of the CPC.
Action Plan.
Design Recommendations and Financing Options.
Maintenance, Staffing Projections and Review of
Existing Village Facilities.
Logistical Needs, Support Structure and
Coordination of the CPC.
§ 40201. Creation of the Community Partnership Council
(CPC).
There is hereby established a Community Partnership
Council for the purposes of identifying sites and funding for the
construction of multipurpose centers in respective municipalities.
SOURCE: Added by P.L. 30-213:2 (Dec. 13, 2010).
§ 40202. Membership of Council.
The Community Partnership Council (CPC) shall consist of
ten (10) members, who shall serve at the pleasure of the
appointing authority, as follows:
(a) a member of the Mayors Council of Guam (MCOG)
or its President, appointed by the Officers of the MCOG,
shall serve as the Chairperson;
(b) a representative from the Office of the Mayors
Council of Guam (MCOG), appointed by the Executive
Director of the MCOG, who may appoint himself, shall serve
as the Executive Secretary;
(c) a representative from the Department of Education
(DOE), appointed by the Superintendent of DOE, who may
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appoint himself;
(d) a representative from the Guam Homeland Security
Office of Civil Defense (GHS/OCD), appointed by the
Homeland Security Advisor, who may appoint himself;
(e) a representative from the Department of Parks and
Recreation (DPR), appointed by the Director of DPR, who
may appoint himself;
(f) a representative from the Guam Housing and Urban
Renewal Authority (GHURA), appointed by the Director of
GHURA, who may appoint himself;
(g) a representative from the Guam Economic
Development Authority (GEDA), appointed by the
Administrator of GEDA, who may appoint himself;
(h) two (2) volunteer members of the general public,
appointed by I Maga’lahen Guåhan, who shall serve at the
pleasure of I Maga’lahi; and
(i) a representative from the Chamorro Land Trust
Commission (CLTC), appointed by the Board.
SOURCE: Added by P.L. 30-213:2 (Dec. 13, 2010).
§ 40202.1 Municipal Subcommittees.
Individual municipalities shall appoint a subcommittee from
among its Municipal Planning Council with one (1) representative
serving as the Chairperson, who shall also serve as a liaison
between the community and the CPC.
SOURCE: Added by P.L. 30-213:2 (Dec. 13, 2010).
§ 40203. Eligibility; Terms of Service.
Members may be employees of the government of Guam,
appointed by their respective organization head as directed in §
40202 (a), (b), (c), (d), (e), (f), (g) and (i), unless otherwise
delineated. Upon acceptance, appointees, and their appointing
authority, shall consider the members’ service on the Council as a
part of the prescribed duties relative to their regular position
within the government of Guam. Members shall serve so long as
they retain the position within the organization from which they
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were appointed.
SOURCE: Added by P.L. 30-213:2 (Dec. 13, 2010).
§ 40204. Convening and Meetings.
(a) The President of the Mayors Council shall convene the
Community Partnership Council and shall administer the oath of
office of the chairperson, and members, unless the President is
also a member and chairperson of the Council. In such case, the
President shall make arrangements with the Office of I
Maga’lahen Guåhan, or I Segundo Na Maga’lahen Guåhan so
that I Maga’lahi or I Segundo Na Maga’lahi may administer the
oath to members of the Community Partnership Council. The
governance of the Council shall be determined by its membership.
(b) Meetings shall be held during regular business hours of
the government of Guam, Mondays through Fridays, and shall be
held no less than once monthly. No stipends shall be paid if the
members pursuant to § 40202 (a), (b), (c), (d), (e), (f), (g) and (i)
are employed by the government of Guam. Members pursuant to
§ 40202(h) shall be volunteer members.
SOURCE: Added by P.L. 30-213:2 (Dec. 13, 2010).
2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606, numbers
and/or letters were added to adhere to the Compiler’s alpha-numeric
scheme.
§ 40205. Goals and Purposes of the CPC.
The Mayors Council of Guam, together with the Department
of Education, the Guam Homeland Security Office of Civil
Defense, the Department of Parks and Recreation, the Guam
Housing and Urban Renewal Authority, the Guam Economic
Development Authority, and the Chamorro Land Trust
Commission shall convene a Council as prescribed in § 40202.
The CPC shall develop a feasibility study that will outline marked
timelines and proposed funding sources or financing proposals for
the construction of a multipurpose center in each village by the
year 2020, to serve as a central point for village functions, and
other requested usage; and as the primary gymnasium of the
village.
SOURCE: Added by P.L. 30-213:2 (Dec. 13, 2010).
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§ 40206. Action Plan.
The CPC shall create an action plan with the sequence of the
order for consideration and construction of multipurpose centers
in the respective municipalities and shall rotate the proposed
construction schedule as follows:
(a) The CPC, in coordination with the respective village
Mayors, shall, when available, identify within the confines or
along the border of an existing public elementary school
under the operation of the Department of Education,
adequate property for the construction of a multipurpose
center in every village.
(1) For the purposes of the location of a
multipurpose center, when property is identified the
Mayor of each respective village shall have the right of
first refusal for said property, provided, that it is in the
inventory of the government of Guam or listed as a
parcel/s in the inventory of the Chamorro Land Trust
Commission.
(b) Villages considered for construction of a
multipurpose center shall be the most populous village
without a gymnasium and rotate to villages without a
gymnasium that have populations with less than five
thousand five hundred (5500) residents recorded based on the
most recent statistics (Year 2000) of the United States Census
Bureau; and when available, data from the 2010 U.S. Census
shall be used. Villages that currently have gymnasiums shall,
by default, be moved to the second rotation for retrofitting, if
necessary, to meet the purposes of a multipurpose center.
(1) According to the 2000 U.S. Census, Dededo
had a population of forty-two thousand nine hundred
eighty (42,980) residents; Yigo had a population of
nineteen thousand four hundred seventy-four (19,474)
residents; and the tri-village of Tamuning, Tumon and
Harmon had eighteen thousand twelve (18,012)
residents. However, all three (3) municipalities already
possess village gymnasiums, thus in this instance, based
on the U.S. Census of 2000, the village of Mangilao,
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with a recorded population of thirteen thousand three
hundred thirteen (13,313) residents, shall be the first
qualified village for the construction of a multipurpose
center.
(2) Concurrently, according to the 2000 U.S.
Census, Agana Heights had a population of five
thousand two hundred (5,200) residents, and Talofofo
had a population of three thousand two hundred fortyfive (3,245) residents. However, both municipalities
already possess village gymnasiums, thus in this
instance, based on the U.S. Census of 2000, the village
of Inarajan, with a recorded population of three
thousand fifty-two (3,052) residents shall be the second
qualified village for the construction of a multipurpose
center.
(c) The cycle of consideration for the rotation of the
construction of multipurpose centers in villages without
gymnasiums shall continue in the order as formulated in §
40206 (b)(1) and ((2).
(d) The CPC shall also incorporate a sequencing
formulation, at the discretion of the CPC, for the
programming of the construction for multipurpose centers in
each village that takes into account a fair rotation of northern
villages, central villages and southern villages.
SOURCE: Added by P.L. 30-213:2 (Dec. 13, 2010).
§ 40206.1. Design Recommendations and Financing Options.
(a) The CPC shall include in its plans, the basic design and
requirements of a multipurpose facility by utilizing proven
“cookie cutter” design concepts. Designs considered shall be for
“Hardened Facilities” able to withstand typhoon strength winds.
(b) The CPC shall research all known available grants and
funds as recommended:
(1) United States Department of Housing and Urban
Development, through GHURA
(2) United States Department of Agriculture for Rural
Development, through GEDA
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(3) United States Department of Homeland Security
(4) A Finance, Build, Operate & Leaseback Option,
through GEDA
(5) Any available or known availability of funds or
revenue sources, or recommended revenue sources of the
government of Guam.
(c) The CPC shall include in its recommendations, proposals
for the financing and construction of these facilities to include
necessary collateral equipment to ensure a fully operational
facility upon completion of construction.
SOURCE: Added by P.L. 30-213:2 (Dec. 13, 2010).
2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606, numbers
and/or letters were added to adhere to the Compiler’s alpha-numeric
scheme.
§ 40206.2. Maintenance, Staffing Projections and Review of
Existing Village Facilities.
The CPC as part of its planning process shall also take into
account the maintenance, staffing needs, and future projections for
the upkeep of the newly constructed facilities; as well the CPC
shall, at its discretion, conduct a review of existing village
facilities and make recommendations on retrofitting or expanding
the purpose and service of each facility in the respective
municipalities of Guam.
SOURCE: Added by P.L. 30-213:2 (Dec. 13, 2010).
§ 40207.
Logistical Needs, Support Structure and
Coordination of the CPC.
The logistical needs, support structure, and coordination of
the Council shall be underwritten by the MCOG at the direction
of the chairperson.
SOURCE: Added by P.L. 30-213:2 (Dec. 13, 2010).
---------ARTICLE 3
COMMUNITY WIFI ACT
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SOURCE: Article 3 added by P.L. 33-039:1 (June 10, 2015),
effective 90 days after enactment.
§ 40301.
§ 40302.
§ 40303.
§ 40304.
§ 40305.
§ 40306.
§ 40307.
Legislative Statement.
Broadband Access at Community Facilities.
Access Control.
Immunity From Liability.
Authorization to Solicit and Accept Donations.
Severability.
Notification.
§ 40301. Legislative Statement.
It is the intent of I Liheslaturan Guåhan to authorize the
village Mayors to provide free wireless internet access at village
community facilities.
§ 40302. Broadband Access at Community Facilities.
Each Mayoral office is authorized to expend funds under its
control, subject to the regulations set forth in Chapter 5 of Title 5,
Guam Code Annotated, for the purchase of equipment and
services necessary to provide free wireless internet access at any
of their respective community facilities.
§ 40303. Access Control.
Upon enactment of this Act, the Mayors Council of Guam
shall determine the policies, terms of use and conditions for access
to wireless internet services at community facilities. Such
guidelines shall be approved by the Attorney General and ensure
that these internet services are appropriate for minors. Each
Mayoral office shall have the authority to determine the hours of
operation for wireless internet services at respective community
facilities in their villages and to refuse access to internet services
to any person, provided there is just cause in the refusal of such
service. All policies, terms of use and conditions shall be posted
at the community facilities where wireless internet services are
offered.
§ 40304. Immunity From Liability.
Each Mayoral office, the government of Guam, and the ISPs
shall be immune from civil and criminal liability for any tort or
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crime committed by patrons of internet services provided pursuant
to this Article. Each Mayoral office, the government of Guam and
the ISPs shall be immune from civil and criminal liability due to
patrons who use wireless internet services provided pursuant to
this Article. There is no immunity from criminal or civil liability
for any employee or agent of a Mayoral office, the government of
Guam, or the ISPs who directly commits a crime or tort, or is
complicit in the commission of a crime or tort in the use of
wireless internet services provided pursuant to this Article.
§ 40305. Authorization to Solicit and Accept Donations.
Notwithstanding the provisions of § 22408 of Title 5 GCA,
each Mayoral office is authorized to solicit and accept donations
of cash, equipment and services, for the purposes of providing
internet services pursuant to this Article, so long as such services
are provided without any written or implied conditions in the
acceptance of these donations. All cash donations are subject to
the rules and regulations governing non-appropriated funds. The
name of the donor, the date of donation and a description of
donation(s), with a value in excess of One Hundred Dollars
($100), for equipment and services, and for any amount in
monetary donations, shall be posted on the Mayors Council of
Guam website, and at the Mayoral office receiving the donation,
for a period of not less than three (3) years from the date of
donation. The Mayors Council of Guam shall develop and post
guidelines, subject to the approval of the Attorney General’s
Office, on the solicitations and acceptance of donations to be
uniformly applied to all Mayoral offices and other designated
public facilities.
§ 40306. Severability.
If any provision of this Article 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 application of this
Article which can be given effect without the invalid provisions
or application, and to this end the provisions of this Article are
severable.
§ 40307. Notification.
The Mayors Council of Guam shall notify all existing service
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providers of the stipulations of this Act, and ensure compliance
with the rules and guidelines set forth.
SOURCE: Added as uncodified law by P.L. 33-039:2 (June 10, 2015),
and codified to this section by the Compiler.
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