4 GCA PUBLIC OFFICERS & EMPLOYEES CH. 15 STANDARD OF CONDUCT 1CHAPTER 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 (July 8, 199 6). 2021 NOTE: Pursuant to P.L. 23-111 (July 26, 1996), statutes governing the Pedro 'Doc' Sanchez Professional Scho larship were to be codified as a new Chapter 15 to Title 4 GCA; how ever, Chapter 15 had previously been designated by P.L. 23-105 (July 8, 1996). The Compiler moved the provisions for the 'Doc' Sanchez program to Article 9, Chapter 15, of Title 17 GCA; they were a gain moved to Article 5 of Chapter 28, Title 17 GCA. See 2019 NOTE to Chapter 28, Title 17 GCA. Article 1. General Provisions. Article 2. Specified Standards. Article 3. Guam Ethics Commission. Article 4. Administration and Enforcement. ARTICLE 1 GENERAL PROVISIONS § 15100. Construction. § 15101. Applicability. § 15102. Definitions. § 15100. Construction. This Chapter shall be liberally construed by the c ourts of Guam to promote the highest standards of ethical co nduct within the government of Guam.
lity. § 15102. Definitions. § 15100. Construction. This Chapter shall be liberally construed by the c ourts of Guam to promote the highest standards of ethical co nduct within the government of Guam. 2021 NOTE: References to 'territory' and 'territorial' replace d with 'Guam' pursuant to 1 GCA § 420. § 15101. Applicability. This Chapter shall apply to every employee as defin ed herein. § 15102. Definitions. When used in this Chapter, these key words shall h ave the indicated meaning: (a) business includes any corporation, partnership, any COL1/11/20224 GCA PUBLIC OFFICERS & EMPLOYEES CH. 15 STANDARD OF CONDUCT 2sole proprietorship, any trust or foundation, or an y 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 pe rson subject to this Chapter, in return for services ren dered or to be rendered by himself or another; (c) controlling interest means any proprietary or ownership interest in a business or other undertaki ng; (d) employee means any nominated, appointed, or elected officer or individual employed with a Guam agency as defined
t means any proprietary or ownership interest in a business or other undertaki ng; (d) employee means any nominated, appointed, or elected officer or individual employed with a Guam agency as defined herein, including members of boards or commissions, and persons under personal services co ntracts; (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 th e 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, COL1/11/20224 GCA PUBLIC OFFICERS &
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, COL1/11/20224 GCA PUBLIC OFFICERS & EMPLOYEES CH. 15 STANDARD OF CONDUCT 3recommendation, approval, disapproval, or other act ion, including inaction which involves the use of discre tionary and non-discretionary authority; (j) official authority includes administrative, judicial or legislative powers of decision, recommendation, app roval, disapproval, or other discretionary or non-discreti onary action; and (k) Guam 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, entiti es or sub-entities thereof, the Mayor’s Council, and Mayo rs’ Offices. SOURCE: Section 15102 added by P.L. 23-105:1 (July 8, 1996) . Subsection (f) amended by P.L. 30-030:2 (June 16, 2 009). 2021 NOTE: References to 'territorial' replaced with 'Guam' pu rsuant to 1 GCA § 420. ---------- ARTICLE 2 SPECIFIED STANDARDS § 15201. Gifts. § 15202. Reporting of Gifts. § 15203. Confidential Information.
TE: References to 'territorial' replaced with 'Guam' pu rsuant to 1 GCA § 420. ---------- ARTICLE 2 SPECIFIED STANDARDS § 15201. Gifts. § 15202. Reporting of Gifts. § 15203. Confidential Information. § 15204. Fair Treatment. § 15205. Conflicts of Interest. § 15206. Contracts. § 15207. Contracts Voidable. § 15208. Requirements of Disclosure. § 15209. Disclosure Files; Disposition. § 15210. Restrictions on Post Employment. § 15211. Violation. § 15201. Gifts. No employee shall solicit, accept, or receive, dire ctly or indirectly, any gift valued singly or in the aggreg ate from a single source in excess of $200, whether in the form of mo ney, prize, COL1/11/20224 GCA PUBLIC OFFICERS & EMPLOYEES CH. 15 STANDARD OF CONDUCT 4service, loan, travel, entertainment, hospitality, thing or promise, or in any other form, when a reasonable person woul d infer that the gift is intended to influence the employee in t he 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 st atement with the Guam Ethics Commission on June 30 of each year if all
any official action on that individual’s part. § 15202. Reporting of Gifts . (a) Every employee shall file a gifts disclosure st atement 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 a n employee, received directly or indirectly from any source any gift or gifts valued singly or in the aggregate fro m a single source in excess of $200, whether the gift is in th e 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 actio n by the employee; and (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 th e 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 g ift was received.
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 g ift was received. (d) Excluded from the reporting requirements of thi s section are the following: (1) Gifts received by will or intestate succession; (2) Gifts received by way of distribution of any in ter COL1/11/20224 GCA PUBLIC OFFICERS & EMPLOYEES CH. 15 STANDARD OF CONDUCT 5vivos or testamentary trust established by a spouse or ancestor; (3) Gifts from a spouse, fiancé, fiancée, any relat ive 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 par agraph; (4) Political campaign contributions that comply wi th Guam law. This section shall not exempt the recipie nt of campaign contributions from the reporting requireme nts of the Election Code. (5) Anything available to or distributed to the pub lic generally without regard to the official status of the recipient; (6) Gifts that within thirty days after receipt, ar e
s of the Election Code. (5) Anything available to or distributed to the pub lic generally without regard to the official status of the recipient; (6) Gifts that within thirty days after receipt, ar e 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 holida ys, birthday, or special occasions. (e) Failure of an employee to file a gifts disclosu re statement as required by this section shall be a violation of this chapter. 2021 NOTE: References to 'territorial' replaced with 'Guam' pu rsuant to 1 GCA § 420. § 15203. Confidential Information. No employee shall disclose information which is con sidered a private document by existing law, and which the e mployee acquires in the course of official duties, or use t he 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, exemptio ns, advantages, contracts, or treatment, for himself or herself, a spouse, children,
. No employee shall use or attempt to use an official position to secure or grant unwarranted privileges, exemptio ns, advantages, contracts, or treatment, for himself or herself, a spouse, children, or others, including but not limi ted to the following: COL1/11/20224 GCA PUBLIC OFFICERS & EMPLOYEES CH. 15 STANDARD OF CONDUCT 6(a) seeking other employment or contract for servic es by the use or attempted use of the individual’s office or position; (b) accepting, receiving, or soliciting compensatio n for the performance of official duties or responsibilit ies except as provided by law; (c) using government time, equipment, or other faci lities for private business purposes; (d) soliciting, selling, or otherwise engaging in a financial transaction with a subordinate or a perso n or business whom the employee inspects or supervises i n 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
ing 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 legislat or’s interest on any legislative transaction which primarily affe cts only the legislator or legislators involved or their spo uses and not the community as a whole or a segment thereof. Disc losure must be made at time of introduction of such legisl ation, or when the legislator shall first have knowledge of s uch legislation. § 15205. Conflicts of Interest. (a) No employee shall take any official action dire ctly affecting: (1) business or other undertaking in which the empl oyee has a financial interest; or (2) private undertaking in which the employee is engaged as legal counsel, advisor, consultant, repr esentative, or other agency capacity. A department head who is unable to be disqualified on any matter described in item (1) or (2) of this Subsect ion may be in violation of this Subsection even if the individual has complied with the disclosure requirements of § 15208; and a person whose COL1/11/20224 GCA PUBLIC OFFICERS & EMPLOYEES CH.
ubsect ion may be in violation of this Subsection even if the individual has complied with the disclosure requirements of § 15208; and a person whose COL1/11/20224 GCA PUBLIC OFFICERS & EMPLOYEES CH. 15 STANDARD OF CONDUCT 7position on a board, commission or committee is man dated by statute, resolution or executive order to have part icular qualifications shall only be prohibited from taking official action that directly and specifically affects a business o r undertaking in which such person has a financial interest; provide d that the financial interest is related to the member’s parti cular qualifications. (b) No employee shall acquire financial interests i n any business or other undertaking which the employee ha s 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 ag ency for any compensation in any transaction involving Guam. (d) No employee shall assist any person or business or act in a representative capacity for a fee or other compen sation to secure passage of a bill or to obtain a contract, claim, o r other transaction
No employee shall assist any person or business or act in a representative capacity for a fee or other compen sation to secure passage of a bill or to obtain a contract, claim, o r 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 cap acity for a fee or other compensation on such bill, contract, claim, o r other transaction or proposal before the Legislature or G uam 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 Guam agency for a fee or other compensation, on any bill, contract, claim, or othe r 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 § 1520 8. (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 C hapter.
aving 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 C hapter. (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 COL1/11/20224 GCA PUBLIC OFFICERS & EMPLOYEES CH. 15 STANDARD OF CONDUCT 8for or against, discuss, decide, in any way partici pate 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 record s of the agency. Should an employee be absent from that mee ting or a portion of that meeting, the employee is required t o verbally disclose the nature of the conflict at the next att ended meeting and said disclosure shall be placed in the official records of the agency.
ion of that meeting, the employee is required t o verbally disclose the nature of the conflict at the next att ended meeting and said disclosure shall be placed in the official records of the agency. Further, the employee must complete a Disc losure of Conflicts of Interest form with the Guam Election C ommission within three (3) working days upon the employee’s r ecognition of said conflict. (h) A legislator who casts a vote with respect to a ny bill on the floor of the Guam Legislature in which the legi slator has a financial interest shall prepare a written statemen t that identifies the bill, the legislator’s vote and the nature of t he legislator’s financial interest. The legislator shall file the statement with the Office of the Speaker and a copy immediately provid ed 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 Inter est forms and shall create such form to be distributed to all dep artments, agencies, boards and commissions.
Election Commission shall be the main repository for the Disclosure of Conflicts of Inter est forms and shall create such form to be distributed to all dep artments, agencies, boards and commissions. Such form shall include, but not be limited to, the name of the employee, the en tity represented, and a statement of disclosure describing the matter or decision pending before the employee, and the nature and des cription 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). 2021 NOTE: References to 'Territory' and 'territorial' replace d with 'Guam' pursuant to 1 GCA § 420. § 15206. Contracts. (a) A Guam agency shall not enter into any contract with an employee or with a business in which an employee ha s a COL1/11/20224 GCA PUBLIC OFFICERS & EMPLOYEES CH. 15 STANDARD OF CONDUCT 9controlling interest, unless the contract has been awarded through an open, public process. A Guam agency may, however , enter into such contract without resort to competitive bidding process when, in the opinion of the General Services Agency or th e procurement officer of that branch of government, the
may, however , enter into such contract without resort to competitive bidding process when, in the opinion of the General Services Agency or th e 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 shal l be filed with the Guam Ethics Commission at least ten (10) days b efore such contract is entered into. With regards to members of boards, commissions, and committees, this Subsection shall apply only to con tracts entered into between a business in which a member has a con trolling interest and a Guam agency in which the board, comm ission, or committee to which the individual is appointed has jurisdiction. (b) A Guam 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 em ployee of that agency within the preceding twelve (12) months and who participated while in territorial office or employm ent in a material manner in the matter with which the contract is dir ectly
m ployee of that agency within the preceding twelve (12) months and who participated while in territorial office or employm ent in a material manner in the matter with which the contract is dir ectly concerned. 2021 NOTE: References to 'territorial' replaced with 'Guam' pu rsuant to 1 GCA § 420. § 15207. Contracts Voidable. In addition to any other penalty provided by law, any contract entered into by the Guam in violation of this Chapt er, is voidable by the Guam; provided that in any act to void a con tract pursuant to this Section, the interests of third parties who may be damaged thereby, shall be taken into account, and the actio n to void the transaction is initiated within ninety (90) days af ter the determination of a violation under this Chapter. Th e Attorney General shall have the authority to enforce this pr ovision. 2021 NOTE: References to 'Territory' replaced with 'Guam' purs uant to 1 GCA § 420. § 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, COL1/11/20224 GCA PUBLIC OFFICERS & EMPLOYEES CH.
rements of Disclosure. (a) All financial disclosure reports required to be filed with the Guam Election Commission pursuant to Chapter 13 of Title 4, COL1/11/20224 GCA PUBLIC OFFICERS & EMPLOYEES CH. 15 STANDARD OF CONDUCT 10 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 addi tional information on its financial disclosure reports, as may be requested by the Ethics Commission in accordance wi th this Section, and the Ethics Commission may request such information directly of the employee if it is not forthcoming f rom the Election Commission. (c) Failure of an employee to file a disclosure of financial interests as required by this Chapter shall be a vi olation of this Chapter. § 15209. Disclosure Files; Disposition. (a) All financial disclosure statements filed by an employee shall be maintained by the Guam Ethics Commission d uring the term of office of the employee, and for a period of three years thereafter. Upon the expiration of the three-year p eriod, the financial disclosure statement and all copies there of shall be destroyed.
rm of office of the employee, and for a period of three years thereafter. Upon the expiration of the three-year p eriod, the financial disclosure statement and all copies there of shall be destroyed. (b) Nothing herein shall bar the Guam Ethics Commis sion 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 informati on which by law is not available to the public and which the employee acquired in the course of official duties or use th e information for personal gain or the benefit of anyone. (b) No former employee shall, within twelve (12) mo nths after termination from employment, assist any perso n or business, or act in a representative capacity for a fee or ot her consideration, on matters involving official action by the particu lar territorial agency with which the employee had actually served. (c) This Section shall prohibit any agency from con tracting COL1/11/20224 GCA PUBLIC OFFICERS & EMPLOYEES CH.
ction by the particu lar territorial agency with which the employee had actually served. (c) This Section shall prohibit any agency from con tracting COL1/11/20224 GCA PUBLIC OFFICERS & EMPLOYEES CH. 15 STANDARD OF CONDUCT 11 with a former employee to act on a matter on behalf of the Territory within the period of limitations stated h erein, unless exempted by law. 2021 NOTE: References to 'Territory' and 'territorial' replace d with 'Guam' pursuant to 1 GCA § 420. § 15211. Violation. (a) Any Guam action obtained in violation of this c hapter for employees is voidable in the same manner as voidabl e contracts as provided for under § 15207; and Guam, by the Att orney General, may pursue all legal and equitable remedie s available to it. (b) Guam, by the Attorney General, may recover any fee, compensation, gift, or profit received by such pers on as a result of a violation of these standards by an employee or fo rmer employee. Action to recover under the Subsection (b) shall be brought within two (2) years of such violation under this Chapter. 2021 NOTE: References to 'Territory' and 'territorial' replace d with 'Guam' pursuant to 1 GCA § 420.
er the Subsection (b) shall be brought within two (2) years of such violation under this Chapter. 2021 NOTE: References to 'Territory' and 'territorial' replace d with 'Guam' pursuant to 1 GCA § 420. ---------- ARTICLE 3 GUAM ETHICS COMMISSION § 15301. Guam Ethics Commission Established; Compos ition. (a) There shall be within the government of Guam, a n autonomous and independent commission to be known a s the ‘Guam Ethics Commission.’ The Commission shall cons ist of seven (7) members to be appointed by I Magaʹhåga . Each appointee shall be a United States citizen and a bo na 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 her ein, or have any member of their immediate family employed by th e government of Guam. All appointments to the Guam Et hics Commission shall be confirmed by I Liheslatura . (b) The Chair of the Commission shall be elected by the COL1/11/20224 GCA PUBLIC OFFICERS & EMPLOYEES CH. 15 STANDARD OF CONDUCT 12 majority of the Commission.
n shall be confirmed by I Liheslatura . (b) The Chair of the Commission shall be elected by the COL1/11/20224 GCA PUBLIC OFFICERS & EMPLOYEES CH. 15 STANDARD OF CONDUCT 12 majority of the Commission. The term of office of e ach member shall be for four (4) years, provided that of the o riginal 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 offic e shall be by lot drawn by the members at their initial meeting. No person shall be appointed consecutively to more than two (2) ter ms as a member of the Commission. (c) Members shall serve without compensation, excep t 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. (d) Vacancies shall be filled for the remainder of the unexpired term in the same manner as the original appointments. I Magaʹhåga may remove or suspend any member of the Commission for cause, upon the filing of a written finding with the Commission
the unexpired term in the same manner as the original appointments. I Magaʹhåga may remove or suspend any member of the Commission for cause, upon the filing of a written finding with the Commission and upon servic e of a copy of the written findings on the member removed or suspended. SOURCE : Amended by P.L. 27-141:3. Amended by P.L. 36-028: 2 (June 11, 2021). 2021 NOTE: Subsection designations added pursuant to authority granted by 1 GCA § 1606. ---------- ARTICLE 4 ADMINISTRATION AND ENFORCEMENT § 15401. Duties of Commission; Complaint, Hearing, Determination. § 15402. Filing of False Charges. § 15403. Procedure. § 15404. Disciplinary Action for Violation. § 15405. Cooperation. § 15406. Concurrent Jurisdiction. § 15407. Executive Director and Guam Ethics Commiss ion Staff. COL1/11/20224 GCA PUBLIC OFFICERS & EMPLOYEES CH. 15 STANDARD OF CONDUCT 13 § 15408. Prohibition From Political Activity. § 15409. Applicability of Ethics in Government Prog ram. § 15410. Ethics in Government Program Guidelines. § 15411. Judicial Branch. § 15412. Repeal. § 15413. Severability. § 15401. Duties of Commission; Complaint, Hearing, Determination.
ernment Prog ram. § 15410. Ethics in Government Program Guidelines. § 15411. Judicial Branch. § 15412. Repeal. § 15413. 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 dis closures required by § 15208 and shall establish an orderly procedure for implementing the requirements of that Section. (2) It shall render advisory opinions upon the requ est of any employee or former employee as to whether the f acts and circumstances of a particular case constitutes or w ill constitute a violation of the code of ethics. The o pinion rendered, until amended or revoked, shall be bindin g 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 mater ial facts were omitted or misstated by the employee or former empl oyee in the request for an advisory opinion. (3) It shall initiate, receive and consider charges concerning alleged violations of this Chapter, init iate or make investigations, and hold hearings.
pl oyee in the request for an advisory opinion. (3) It shall initiate, receive and consider charges concerning alleged violations of this Chapter, init iate or make investigations, and hold hearings. (4) It may subpoena witnesses, administer oaths, an d take testimony relating to matters before the Commi ssion 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 aut horized herein with respect to any investigation or hearing s, it shall by formal resolution, supported by a vote of five o r more members of the Commission, define the nature and sc ope of its inquiry. COL1/11/20224 GCA PUBLIC OFFICERS & EMPLOYEES CH. 15 STANDARD OF CONDUCT 14 (5) It may, from time to time, make, amend, and rep eal such rules and regulations, not inconsistent with t his Chapter as in the opinion of the Commission, seem appropria te for the carrying out of this Chapter for the efficient administration thereof, including every matter or t hing required to be done or which may be done with the a pproval or consent or by order or under
the carrying out of this Chapter for the efficient administration thereof, including every matter or t hing required to be done or which may be done with the a pproval or consent or by order or under the direction or su pervision of or as prescribed by the Commission. The rules an d regulations, shall be adopted in conformance with t he 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 alle ged violations of this Chapter in all proceedings comme nced within three (3) years of an alleged violation of t his Chapter by an employee, or a former employee. Nothing herei n shall bar proceedings against a person who by fraud or ot her device, prevents discovery of a violation of this C hapter. A proceeding shall be deemed commenced by the signing of a charge by five (5) or more members of the Commissio n. (7) It shall distribute its publications without co st to the public and shall initiate and maintain programs wit h the purpose of educating the citizenry and employees on matters of ethics in government employment.
tribute its publications without co st to the public and shall initiate and maintain programs wit h the purpose of educating the citizenry and employees on matters of ethics in government employment. (8) It may retain one ( 1) or more attorneys, who s hall be admitted to practice before the courts of Guam, who shall advise the Commission and its Executive Director on all legal matters pertaining to the Commission. The designate d counsel shall represent the Commission in litigatio n in which the Commission is interested or involved. The terms , conditions, and compensation of employment of any s uch attorney shall be determined by the Commission, and the attorney(s) shall serve at the pleasure of the Comm ission. Notwithstanding any other provision of law, the Com mission is authorized to pay for billable hours performed u nder the legal contract issued in Fiscal Year 2021 utilizing funds appropriated to the Guam Ethics Commission by the G uam Legislature in Fiscal Year 2022. COL1/11/20224 GCA PUBLIC OFFICERS & EMPLOYEES CH. 15 STANDARD OF CONDUCT 15 (b) Charges concerning the violation of this Chapte r shall be in writing, signed by the person making the charge under oath, except
0224 GCA PUBLIC OFFICERS & EMPLOYEES CH. 15 STANDARD OF CONDUCT 15 (b) Charges concerning the violation of this Chapte r 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 t he conduct alleged to be in violation of this Chapter. The Com mission may investigate, after compliance with this Section, su ch charges and render an informal advisory opinion to the alleged violator. The Commission shall investigate all charges on a confi dential basis, having available all the powers herein provided, an d 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 w ith the informal advisory opinion. If the person charged fa ils to comply with such informal advisory opinion or if a majorit y of the members of the Commission determine that there is a probable cause for belief that a violation of this
the person charged fa ils to comply with such informal advisory opinion or if a majorit y of the members of the Commission determine that there is a probable cause for belief that a violation of this Chapter m ight have occurred, a copy of the charge and a further statem ent of the alleged violation shall be personally served upon t he alleged violator in accordance with the rules for personal service found in Guam Rules of Civil Procedure. The person so charge d shall have twenty (20) days after service thereof to respond i n writing to the charge and statement. (c) Any Commission member or any individual, includ ing the individual making the charge, who without permi ssion of the Commission, divulges information obtained from the Commission or who reveals confidential actions of o r what happened in closed proceedings before the Commissio n concerning the charge prior to the issuance of the complaint or other final action by the Commission, except as per mitted by this Chapter, shall be guilty of a misdemeanor. (d) If after twenty (20) days following personal se rvice, a majority of the members of the Commission conclude that there is reason to believe that a violation of this
ll be guilty of a misdemeanor. (d) If after twenty (20) days following personal se rvice, 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 a lleged violator. All parties shall have an opportunity (1) to be hea rd, (2) to subpoena witnesses and require the production of an y books, COL1/11/20224 GCA PUBLIC OFFICERS & EMPLOYEES CH. 15 STANDARD OF CONDUCT 16 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 tes tify under oath and the hearings shall be closed to the public unle ss the party complained against requests an open hearing. The Co mmission 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 evide nce taken at the hearing shall be recorded. Copies of transcript s of such record shall be available only to the complainant and the alleged violator at their own
dence. All testimony and other evide nce taken at the hearing shall be recorded. Copies of transcript s of such record shall be available only to the complainant and the alleged violator at their own expense, and the fees therefor shall b e deposited into the General Fund. (e) The Commission shall make its findings and rend er its decision based on a preponderance of the evidence. A decision of the Commission pertaining to the conduct of any emp loyee shall be in writing and signed by five (5) or more of the members of the Commission. Deliberations of the Commission shall b e closed to the public and to all parties. (f) The Commission shall cause to be published year ly summaries of decisions, advisory opinions, and info rmal advisory opinions. The Commission shall make sufficient dele tions in the summaries to prevent disclosing the identify of per sons involved in the decisions or opinions. NOTE: Added by P.L. 23-105:1 (July 8, 1996). Subsection (a)(8) added by P.L. 36-067 (Dec. 27, 2021). § 15402. Filing of False Charges. (a) Any person who knowingly and intentionally file s a false charge with the commission, or any member of the co mmission who initiates action against any
7, 2021). § 15402. Filing of False Charges. (a) Any person who knowingly and intentionally file s a false charge with the commission, or any member of the co mmission who initiates action against any Guam official, Gua m employee, or any other person covered by this chapter, knowin g such charge to be false, shall be guilty of the crime of perjur y and subject to the penalty set forth in Title 9 of Guam Code Annot ated (Crimes and Corrections). (b) Whoever is convicted in a court of competent ju risdiction of the crime of perjury under this section, in addi tion to any other punishment prescribed by law thereof, shall be requ ired by court order to reimburse the person against whom the fals e charge was COL1/11/20224 GCA PUBLIC OFFICERS & EMPLOYEES CH. 15 STANDARD OF CONDUCT 17 filed for all of the person’s legal expenses and co urt costs incurred in relation to that person’s defense against the fa lse 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 a mount to the general fund of Guam.
ich 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 a mount to the general fund of Guam. (d) This section shall not supersede or preclude an y other right or remedy at law available to the person fals ely accused. 2021 NOTE: Reference to 'Territory' replaced with 'Guam' pursu ant to 1 GCA § 420. § 15403. Procedure. (a) When the Commission, after due hearings, believ es that there is cause for the possible filing of criminal charges, it shall refer the complaint to the Attorney General’s Offic e or appropriate authority for its disposition. (b) With respect to former employees, the Commissio n may, with the consent of five (5) or more members of the Commission, issue a public statement of its findings and conclu sions, and the Attorney General may exercise whatever legal or equ itable remedies are available to Guam. (c) When after due hearing, the Commission finds th at 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 recommendation that t he agency impose the
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 recommendation that t he agency impose the corresponding punishment in accordance w ith the agency’s personnel rules and regulations. 2021 NOTE: Reference to 'Territory' replaced with 'Guam' pursu ant to 1 GCA § 420. § 15404. Disciplinary Action for Violation. In addition to any other powers the Civil Service Commission or other government agency may have to d iscipline employees, the appropriate agency involved may repr imand, put on probation, demote, suspend, or discharge any emp loyee found to have violated this Chapter. COL1/11/20224 GCA PUBLIC OFFICERS & EMPLOYEES CH. 15 STANDARD OF CONDUCT 18 § 15405. Cooperation. The Guam Ethics Commission may request and shall re ceive from every governmental agency cooperation and ass istance in the performance of its duties. § 15406. Concurrent Jurisdiction. In addition to any provision contained in this Chap ter, the Legislature and the Judicial Branch may each prescr ibe further rules of conduct covering its members and may inves tigate and discipline its employees for any
ovision contained in this Chap ter, the Legislature and the Judicial Branch may each prescr ibe further rules of conduct covering its members and may inves tigate and discipline its employees for any violation of this Chapter, or its own Rules, or both. § 15407. Executive Director and Guam Ethics Commiss ion Staff. (a) The Guam Ethics Commission may employ such persons as it deems necessary for the performance o f its functions. It shall submit an annual budget request to the Leg islature for its required operations. (1) The Executive Director shall submit an annual fiscal year budget to the Guam Ethics Commission fo r its review and approval no later than January 31 of eac h calendar year. (2) The Guam Ethics Commission shall review and approve a fiscal year budget necessary to meet all of the Commission’s statutory requirements and abide by al l policies and procedures set forth in this Chapter a nd corresponding rules and regulations. (3) The Guam Ethics Commission’s Executive Director shall submit to I Liheslatura an approved annual budget for each fiscal year, no later than the date prescribed by I Liheslaturan Guåhan, and shall include a detai led breakdown of the funding
rector shall submit to I Liheslatura an approved annual budget for each fiscal year, no later than the date prescribed by I Liheslaturan Guåhan, and shall include a detai led breakdown of the funding level necessary to meet al l of the Commission’s statutory requirements and abide by al l policies and procedures set forth in corresponding rules and regulations. (4) The annual Guam Ethics Commission budgetary appropriations approved by I Liheslaturan Guåhan an d COL1/11/20224 GCA PUBLIC OFFICERS & EMPLOYEES CH. 15 STANDARD OF CONDUCT 19 signed into law by the Governor of Guam shall be ex empt from the Bureau of Budget and Management Research, Office of the Governor of Guam, budgetary allotment control as generally provided in 5 GCA § 1303. (5) The Guam Ethics Commission may draw against its respective appropriations as needed to meet its obligations in accordance with a drawdown schedule that the Gua m Ethics Commission submits to the Director of Administration. If the Guam Ethics Commission fai ls to submit its drawdown schedule by October 31, the Dir ector of Administration may withhold a drawdown request for the current fiscal year until such time the Commission submits its
Commission fai ls to submit its drawdown schedule by October 31, the Dir ector of Administration may withhold a drawdown request for the current fiscal year until such time the Commission submits its drawdown schedule for the entire fiscal year. T he Director of Administration shall not, for any reason, withho ld any amount appropriated by I Liheslaturan Guåhan to the Guam Ethics Commission. (b) The Commission shall appoint an Executive Direc tor who shall: (1) administer the laws under this Chapter and all Commission policies, and ensure that investigations and subsequent hearings are held in accordance with the procedures outlined in this Chapter ; (2) manage the daily operations of the Commission and perform duties as assigned by the Commission or specified by law or rule or regulation ; (3) be the ex-officio secretary for the Commission but shall not be a voting member thereof. As such secr etary, the Executive Director shall keep the minutes of the Commission’s proceedings, preserve all reports made to it, keep a record of all examinations held under its di rection, and perform such other duties as the Commission shall p rescribe; and (4) be a member of the unclassified
preserve all reports made to it, keep a record of all examinations held under its di rection, and perform such other duties as the Commission shall p rescribe; and (4) be a member of the unclassified service and sha ll receive an annual salary within a range of compensa tion to be prescribed by the Commission in accordance with the laws of Guam. Said Executive Director shall serve at the pleasure of the Commission; provided, however, that the Exec utive COL1/11/20224 GCA PUBLIC OFFICERS & EMPLOYEES CH. 15 STANDARD OF CONDUCT 20 Director may not be removed unless that person’s re moval is ratified by a vote of four (4) or more Commission members. (c) Staffing for the Guam Ethics Commission. (1) With the consent of the Guam Ethics Commission, the Executive Director is authorized to hire and di smiss staff to support the operations of the Guam Ethics Commis sion. (2) The Executive Director shall be supervised by t he Commission, and staff of the Commission shall be un der the direct supervision of the Executive Director. (3) The Executive Director is responsible for developing, initiating, and implementing workplace policies.. SOURCE: Added by P.L. 23-105:1 (July 12, 1996).
rect supervision of the Executive Director. (3) The Executive Director is responsible for developing, initiating, and implementing workplace policies.. SOURCE: Added by P.L. 23-105:1 (July 12, 1996). Amended b y P.L. 36-028:3 (June 11, 2021). 2021 NOTE: This provision was fomerly entitled 'Staff' and w as renamed pursuant to P.L. 36-028:3 (June 11, 2021). § 15408. Prohibition from Political Activity. Members of the ethics commission and its staff shal l not take an active part in political management or in politi cal campaigns during the term of office or employment. § 15409. Applicability of Ethics in Government Prog ram. (a) Any person who is an elected official of the go vernment of Guam shall attend an ethics in government progra m within ninety (90) days of taking office. Additionally, el ected officials shall undergo refresher ethics in government progra m 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 Co mmission shall award a certificate of completion to those co mpleting the program.
n ('Commission') may grant permission for an elected official to attend a later program for good cause shown. The Co mmission shall award a certificate of completion to those co mpleting the program. (b) Any person who is appointed to a position as bo ard or commission member, including autonomous agencies, d irector, deputy director, or by whatever title denotes the h ead and first assistant of a government of Guam agency, departmen t, public corporation, authority, or any other entity of the executive branch, COL1/11/20224 GCA PUBLIC OFFICERS & EMPLOYEES CH. 15 STANDARD OF CONDUCT 21 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 governm ent program at least once every four (4) years. The Commission may grant permission for an appointed official to attend a la ter program for good cause shown. The Commission shall award a cert ificate of completion to those completing the program. (c) All government of Guam employees shall attend a n ethics in government program within the first six ( 6) months of his or her employment.
rt ificate of completion to those completing the program. (c) All government of Guam employees shall attend a n ethics in government program within the first six ( 6) months of his or her employment. All existing employees prior to enactment of this Subsection shall be required to attend an e thics in government program within thirty-six (36) months af ter enactment of this Subsection. Additionally, employe es shall undergo an ethics in government program refresher c ourse at least once every four (4) years. The Commission may grant permission for an employee to attend a later program for good cause shown. The Commission shall award a certificate of complet ion to those completing the program. SOURCE: Added by P.L. 23-105:1 (July 8, 1996). Repealed an d reenacted by P.L. 28-076:2 (Nov. 25, 2005), effective Jan. 1, 2007. Subsection (c) added by P.L. 36-025:2 (May 12, 2021). § 15410. Ethics in Government Program Guidelines. The ethics in government program shall be provided by the Guam Ethics Commission or other providers approved by the Guam Ethics Commission. The Public Auditor shall de velop standards for the ethics program until the Guam Eth ics Commission is appointed and
Guam Ethics Commission or other providers approved by the Guam Ethics Commission. The Public Auditor shall de velop standards for the ethics program until the Guam Eth ics Commission is appointed and functioning, at which t ime the Commission shall assume authority to develop the st andards. Should the Guam Ethics Commission not be impaneled for at least six (6) consecutive months, the Public Auditor will still have the authority to develop standards for the ethics progr am until the Guam Ethics Commission is impaneled. The providers shall repeat the course as necessary to accommodate those who are required to attend. The course shall not exceed fou r (4) hours and shall be available in a single day and its scheduli ng shall accommodate the different work schedules of the per sons affected by this Act. (a) The program topics shall include, but not be li mited COL1/11/20224 GCA PUBLIC OFFICERS & EMPLOYEES CH. 15 STANDARD OF CONDUCT 22 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
m 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 (10) Open Government Law and Sunshine Reform Act of 1999. (b) The cost of tuition, books and training materia ls for the ethics in government program of the officials o r employees specified in § 15409(b) or § 15409(c) of this Chapter, shall be paid by the agency that employs t he official or employee. (c) The Guam Ethics Commission shall develop rules and regulations for the enforcement of the Ethics i n Government Program Guidelines. (d) No later than thirty (30) days after the end of each fiscal year, every director, administrator, president or head of a government of Guam agency, including line agencies, autonomous and semi- autonomous agencies, public corporations, the Mayor s Council of Guam, the Courts of the Judiciary of Guam, and I Liheslaturan Guåhan shall electronically submit to the Guam Ethics Commission, in an electronic portable document form at, an
, the Mayor s Council of Guam, the Courts of the Judiciary of Guam, and I Liheslaturan Guåhan shall electronically submit to the Guam Ethics Commission, in an electronic portable document form at, an 'Ethics Training Compliance Report.' Said report sh all at minimum list the employees by name, job title, and each ethics program completed, and the date of completion. SOURCE: Repealed and reenacted by P.L. 28-076:3 (Nov. 25, 2005), effective Jan. 1, 2007. Amended by P.L. 36-025:3 (M ay 12, 2021). COL1/11/20224 GCA PUBLIC OFFICERS & EMPLOYEES CH. 15 STANDARD OF CONDUCT 23 § 15411. Judicial Branch. The Chief Justice of the Supreme Court shall have jurisdiction and governance over all justices and j udges 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, 2 007. §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.
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 reaso n, be adjudged by a court of competent jurisdiction to be invalid, or invalid as applied to a class of cases, such judgme nt shall not affect, impair, or invalidate the remainder thereof , and shall be confined in its operation to the part thereof direc tly 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. ---------- COL1/11/2022Guam Legal Code