Chapter 10

5 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 1 CHAPTER 10 SUNSHINE REFORM ACT OF 1999 Article 1. Sunshine Law. Article 2. Records. Article 3. Information Required on Magnetic Media a nd the Internet. ARTICLE 1 SUNSHINE LAW § 10101. Short Title. § 10102. Definitions. § 10103. Right of Inspection of Public Documents. § 10104. Electronic Communications. § 10105. Efficient Disclosure of Records. § 10106. Posting Guidelines. § 10107. Annual Report. § 10108. Limitation on Right of Inspection. § 10108.1. Disclosure of Privileged Information to Legislative Oversight Committee. § 10109. Disclosure to Proper Officials. § 10110. Purpose of Request Irrelevant. § 10111. Court Proceedings. § 10112. Penalties for Nondisclosure. § 10113. Judicial Records. NOTE: P.L. 18-047:1 (Jan. 2, 1987) added Chapter 9 (§§ 6 980 - 6991), entitled Freedom of Information, to the Gove rnment Code ('Sunshine Act of 1986'). P.L. 18-047:2 also repeal ed GC § 6114 (Fees of Copying Documents), § 6270 (Inspection of Public Records; Certified Copies), and § 6271 (Fees of Cer tified Copies of Public Records. P.L. 19-005:139 (Aug. 21, 1987) repealed P.L. 18-04 7, and P.L.

f Copying Documents), § 6270 (Inspection of Public Records; Certified Copies), and § 6271 (Fees of Cer tified Copies of Public Records. P.L. 19-005:139 (Aug. 21, 1987) repealed P.L. 18-04 7, and P.L. 19- 005:136 added a new Chapter IX (§§ 6980-6991) entit led Freedom of Information, to Title VII of the Government Code ('Sunshine Act of 1987'). In the 19th Guam Legislature Session Laws, the previous Compiler renumbered these sections to GC § § 6750-6759, and later codified these provisions as Article 1 of this Chapter. Further, he determined that the repeal of P.L. 18-0 47:2 by P.L. 19- 005:139 resulted in the revival of §§ 6114, 6270 an d 6271 of the COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 2 Government Code, which he renumbered and codified a s Article 2 of this Chapter. P.L. 25-006:2 (May 12, 1999) repealed the Sunshine Act of 1987 and reenacted this entire Article as Chapter 10 (§§ 10101 - 10113) as the Sunshine Reform Act of 1999. P.L. 25-006:3 further stated: This Act shall be effective immediately upon its en actment. The existing lists of non-public writings shall remain non-public for one hundred fifty (150) days, or until a new list is pr

ther stated: This Act shall be effective immediately upon its en actment. The existing lists of non-public writings shall remain non-public for one hundred fifty (150) days, or until a new list is pr omulgated pursuant to this Law, whichever is shorter. § 10101. Short Title. This Chapter shall be known, and may be cited, as t he 'Sunshine Reform Act of 1999.' SOURCE: GC § 6980 as added by P.L. 18-047:1 (Jan. 2, 1987 ), amended by P.L. 19-005:136 (Aug. 21, 1987). Codifie d by the Compiler to this section. Repealed and reenacted by P.L. 25- 006:2 (May 12, 1999). § 10102. Definitions. As used in this Chapter: (a) Agency means any authority of the government an d includes a department, institution, board, bureau, commission, council, committee of Guam government, branch, autonomous instrumentality, public corporat ion funded by public taxes or funds, or other public en tity of the government of Guam, whether or not it is within or subject to review by another agency. (b) Director means the person directly responsible for overseeing the daily operations of an agency, or th e person serving in an acting capacity as director at the ti me of any request for copies of public records.

ns the person directly responsible for overseeing the daily operations of an agency, or th e person serving in an acting capacity as director at the ti me of any request for copies of public records. (c) Person includes any natural person, corporation , partnership, limited liability company, firm or ass ociation. (d) Public records includes any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency in any format, including electronic format; and any out-of-court settlement records. SOURCE: GC § 6981 as added by P.L. 18-047:1 (Jan. 2, 1987 ), amended by P.L. 19-005:136 (Aug. 21, 1987). Codifie d by the Compiler COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 3 to this section. Repealed and reenacted by P.L. 25- 006:2 (May 12, 1999). Subsection (d) amended by P.L. 32-076:5 (Nov. 27, 2 013). § 10103. Right of Inspection of Public Documents. (a) Every person has the right to inspect and take a copy of any public document on Guam, except as otherwise ex pressly prohibited in law, and except as provided in § 1010 8 of this Chapter.

uments. (a) Every person has the right to inspect and take a copy of any public document on Guam, except as otherwise ex pressly prohibited in law, and except as provided in § 1010 8 of this Chapter. (b) Public records are open to inspection at all ti mes during the office hours of the agency and every person has a right to inspect any public record, except as hereafter prov ided. Any segregable portion of a record shall be available f or inspection by any person requesting the record after deletion of the portions that are exempted by law. (c) Except with respect to public records exempt fr om disclosure by express provisions of the law, each a gency, upon a request for a copy of records that reasonably descr ibes an identifiable record or records, shall make the reco rds promptly available to any person, upon payment of fees cover ing direct costs of duplication, or a statutory fee, if applic able. Upon request, an exact copy shall be provided, unless im practicable to do so. (d) Each agency, upon a request for a copy of publi c records shall, within four (4) working days from receipt of the request, comply with the request if the records requested ar e disclosable public

(d) Each agency, upon a request for a copy of publi c records shall, within four (4) working days from receipt of the request, comply with the request if the records requested ar e disclosable public records in the possession of the agency. If the records being requested partially contain information exemp ted from disclosure by this Chapter or by another law, the a gency shall redact the exempt information only and release the non-exempt information in the records, citing the exemptions i n law that require the information to be redacted. If the reco rds in whole contain information not disclosable by this Chapter or another law, and contain no information that can be release d, the agency shall notify the person requesting the records with in four (4) working days from receipt of the request, and cite the exemptions in law that prohibit disclosure of the r ecords. (e) In unusual circumstances, the time limit prescr ibed in this Section may be extended up to ten (10) days, i ncluding COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 4 Saturdays, Sundays and legal holidays, by written n otice by the director of the agency or the director’s designee t o the

COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 4 Saturdays, Sundays and legal holidays, by written n otice by the director of the agency or the director’s designee t o the person making the request, setting forth the reasons for t he extension and the date on which a determination is expected t o be dispatched. As used in this Section, unusual circum stances means: (1) the need to search for and collect the requeste d records from field facilities or other establishmen ts that are separate from the office processing the request; or (2) the need to search for, collect and appropriate ly examine more than ten (10) separate and distinct re cords which are demanded in a single request, or records that in total, are contained in five hundred (500) or more pages, or contain about two hundred fifty thousand (250,000) words, whichever is more. SOURCE: GC § 6982 as added by P.L. 18-047:1 (Jan. 2, 1987 ), amended by P.L. 19-005:136 (Aug. 21, 1987). Codifie d by the Compiler to this section. Repealed and reenacted by P.L. 25 -006:2 (May 12, 1999). CROSS-REFERENCE: 12 GCA § 50118. [Applicability of Sunshine Information Act and the Open Government Law.] § 10104.

e Compiler to this section. Repealed and reenacted by P.L. 25 -006:2 (May 12, 1999). CROSS-REFERENCE: 12 GCA § 50118. [Applicability of Sunshine Information Act and the Open Government Law.] § 10104. Electronic Communications. (a) An agency shall treat an electronic mail reques t for public records the same as it treats paper and oral requests for records. The same deadlines apply to electronic mai l requests as other requests, and to ensure that electronic reque sts are complied with quickly, the agency shall check its e lectronic mail every work day. (b) In making any record available to a person und er this Chapter, an agency shall provide the record in any form or format requested by the person if the record is rea dily reproducible by the agency in that form or format. Each agency shall make reasonable efforts to maintain its recor ds in forms or formats that are reproducible in electronic form, t hrough electronic mail or on computer disk. SOURCE: Added by P.L. 25-006:2 (May 12, 1999). NOTE: This section was originally codified from GC § 6983 , entitled 'Limitation on Right of Inspection' as added by P.L . 18-047:1 (Jan. 2, COL5/8/20205 GCA GOVERNMENT OPERATIONS CH.

(May 12, 1999). NOTE: This section was originally codified from GC § 6983 , entitled 'Limitation on Right of Inspection' as added by P.L . 18-047:1 (Jan. 2, COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 5 1987), amended by P.L. 19-005:136 (Aug. 21, 1987). Codified by the Compiler as 10 GCA§ 10104. This provision was repea led by P.L. 25- 006:2 (May 12, 1999), and added as 'Electronic Comm unications.' The provision entitled 'Limitation on Right of Inspecti on' was reenacted as § 10108. P.L. 25-040:1 (June 7, 1999) amended § 10104 as fol lows: § 10104. Limitation on Right of Inspection. (a) None of the following documents may be inspected and copied pursuant to § 10103 of this Chapter, unless permitted by any other law of Guam: (1) files involving the investigation of any person , real or legal, for the commission of any crime; provided, however, that this Section shall not affe ct the public or sealed nature of any documents filed with the courts in any action or proceeding; (2) the personnel file of any employee of the government without his consent, except that relevan t material in said file shall be open to inspection a fter a final decision has

action or proceeding; (2) the personnel file of any employee of the government without his consent, except that relevan t material in said file shall be open to inspection a fter a final decision has been rendered in any tribunal wh ich may have jurisdiction over the subject matter in th e file. All information regarding salary, and the name, and worksite mail address of each employee shall be pub lic; (3) tax returns and tax records, except for real property tax records and returns which shall be pub lic; and (4) police blotters, accident reports, daily activi ty logs and similar information not restricted by Subsection (a) of this Section shall be available t o the public. However, because § 10104 as entitled 'Limitation on Right of Inspection' had already been repealed by P.L. 25-006:2, therefo re, it no longer existed in the law. As a result of this mani fest error, the amendment of P.L. 25-040 was no effect and is not c odified here. § 10105. Efficient Disclosure of Records. (a) To ensure expedient disclosure of records by a n agency, the Director of an agency shall require all personn el in charge of receiving any incoming mail, electronic mail, faxed documents or other

(a) To ensure expedient disclosure of records by a n agency, the Director of an agency shall require all personn el in charge of receiving any incoming mail, electronic mail, faxed documents or other communications to immediately notify the D irector or his designee upon receipt of a request for records under this Chapter. COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 6 (b) Upon receipt of a request for records under thi s Chapter, the Director of an agency or his designee shall imm ediately assign the request to be fulfilled or responded to by an employee of the agency. (c) Each agency shall organize paper and computer f iles so that documents can be retrieved and copied quickly for expedient disclosure of records under this Chapter. SOURCE: Added by P.L. 25-006:2 (May 12, 1999). NOTE: This section was originally codified from GC § 6984 , entitled 'Public Officers to Give Copies' as added by P.L. 1 8-047:1 (Jan. 2, 1987), amended by P.L. 19-005:136 (Aug. 21, 1987). Codified by the Compiler as 10 GCA§ 10105. This provision was repea led by P.L. 25- 006:2 (May 12, 1999), and added as 'Efficient Discl osure of Records.' § 10106. Posting Guidelines.

Aug. 21, 1987). Codified by the Compiler as 10 GCA§ 10105. This provision was repea led by P.L. 25- 006:2 (May 12, 1999), and added as 'Efficient Discl osure of Records.' § 10106. Posting Guidelines. (a) Every agency shall establish written guideline s for accessibility of records and stating the procedures to be followed when making its records available in accordance wit h this Chapter. The guidelines shall include a mailing add ress, fax number and electronic mail address to which a perso n can send requests for copies of public records. The guidelin es shall also include the records exempted from disclosure of whi ch the agency is a custodian, as prescribed in Subsection (b) of this Section. A copy of these guidelines shall be posted in a conspicuous public place at the offices of each age ncy, and a copy of the guidelines shall be available upon requ est free of charge to any person requesting the agency’s record s. Each agency shall also make the guidelines and list of d isclosable and non-disclosable documents available by computer telecommunications within one (1) year of the effec tive date of this Chapter.

Each agency shall also make the guidelines and list of d isclosable and non-disclosable documents available by computer telecommunications within one (1) year of the effec tive date of this Chapter. (b) Every public officer in charge of an agency hav ing custody of records shall, within sixty (60) days af ter the effective date of this Act, compile a list containing categor ized descriptions of all writing in the custody of the a gency which said agency considers non-public and non-disclosabl e as prescribed in § 10108 of this Chapter, and submit t he list to the Speaker of I Liheslaturan Guåhan for approval by I Liheslaturan Guåhan . The list for each agency shall be referred by the Rules COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 7 Committee to the appropriate oversight committees, which shall hold a public hearing on each list before the list is put on I Liheslaturan Guåhan’ s session agenda for approval. Such approved list shall be used as a guide for determin ation of non- disclosable records by agency employees and may be amended by I Liheslaturan Guåhan at any time. All documents not included on this list shall be considered public wr itings.

r determin ation of non- disclosable records by agency employees and may be amended by I Liheslaturan Guåhan at any time. All documents not included on this list shall be considered public wr itings. If no such list is promulgated by the agency within (60) days, all documents and records shall be public unless non-pu blic and non-disclosable pursuant to § 10108. If a list is n ot approved by I Liheslaturan Guåhan within ninety (90) days of submission thereof, it shall be deemed approved on the expirat ion of the ninety (90) days. SOURCE: Added by P.L. 25-006:2 (May 12, 1999). NOTE: This section was originally codified from GC § 6985 , entitled 'Procedure to request public writings' as added by P.L. 18-047:1 (Jan. 2, 1987), amended by P.L. 19-005:136 (Aug. 21, 1987). Codified by the Compiler as 10 GCA§ 10106. This provision was repea led by P.L. 25- 006:2 (May 12, 1999), and reenacted as 'Posting Gui delines.' NOTE: P.L. 25-076:2 (Nov. 19, 1999) added the following uncodified provisions: Section 2. Disapproval of GEPA Proposed Guidelines. The GEPA July 12, 1999 proposed guidelines submitte d pursuant to the requirements of the Sunshine Reform Act of 1999 are hereby disapproved, but

: Section 2. Disapproval of GEPA Proposed Guidelines. The GEPA July 12, 1999 proposed guidelines submitte d pursuant to the requirements of the Sunshine Reform Act of 1999 are hereby disapproved, but shall not affect t he existing limitations already contained within the Sunshine R eform Act of 1999, including within § 10108, and their applic ability to said agencies. Section 3. Disapproval of GEPA Proposed Exemptions. The GEPA July 12, 1999 list of proposed exemptions submitted pursuant to the requirements of the Sunsh ine Reform Act of 1999 are hereby disapproved, but shal l not affect the existing limitations already contained w ithin the Sunshine Reform Act of 1999, including within § 101 08, and their applicability to said agencies P.L. 25-077 (Nov. 19, 1999) added the following unc odified provisions: Section 2. Disapproval of GEPA Proposed Guidelines. The GEPA July 12, 1999 proposed guidelines submitte d pursuant to the requirements of the Sunshine Reform Act of 1999 are hereby disapproved, but shall not affect t he existing COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 8 limitations already contained within the Sunshine R eform Act of 1999,

reby disapproved, but shall not affect t he existing COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 8 limitations already contained within the Sunshine R eform Act of 1999, including within § 10108, and their applic ability to said agencies. Section 3. Disapproval of GEPA Proposed Exemptions. The GEPA July 12, 1999 list of proposed exemptions submitted pursuant to the requirements of the Sunsh ine Reform Act of 1999 are hereby disapproved, but shal l not affect the existing limitations already contained w ithin the Sunshine Reform Act of 1999, including within § 101 08, and their applicability to said agencies. P.L. 25-078:4 (Nov. 19, 1999) added the following u ncodified provisions: Section 4. Disapproval of Agency Lists. The followi ng agencies’ lists submitted pursuant to § 10106(b) of Article 1, Chapter 10 of Title 5 of the Guam Code Annotated, a s repealed and reenacted by Public Law Number 25-06, are hereby disapproved, but shall not affect the existi ng limitations already contained within the Sunshine R eform Act of 1999, including within § 10108, and their applic ability to said agencies: (1) the A. B.

sapproved, but shall not affect the existi ng limitations already contained within the Sunshine R eform Act of 1999, including within § 10108, and their applic ability to said agencies: (1) the A. B. Won Pat Guam International Airport Authority; (2) the Guam Mass Transit Authority; (3) the Guam Telephone Authority; (4) the Port Authority of Guam; (5) the Department of Administration; (6) the Department of Revenue & Taxation; (7) the Office of Public Accountability; (8) the Guam Housing Corporation; (9) the Guam Housing and Urban Renewal Authority; (10) the Government of Guam Retirement Fund; (11) the Guam Finance Commission; (12) Customs and Quarantine; (13) the Civil Service Commission; (14) the Governor’s Office; (15) the Department of Land Management; (16) the Department of Agriculture; (17) the Chamorro Heritage Institute Planning Group (now a Division of Dipatamento I Kahao Guinahan Chamorro ); (18) the Chamorro Language Commission (now a Division of Dipatamento I Kahao Guinahan Chamorro ); (19) the Guam Developmental Disabilities Council; COL5/8/20205 GCA GOVERNMENT OPERATIONS CH.

morro ); (18) the Chamorro Language Commission (now a Division of Dipatamento I Kahao Guinahan Chamorro ); (19) the Guam Developmental Disabilities Council; COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 9 (20) the Department of Integrated Services for Individuals with Disabilities; (21) the Guam Behavioral Health and Wellness Center; (22) the Department of Public Health and Social Services; (23) the Guam Memorial Hospital Authority; (24) the Guam Museum (now a Division of Dipatamento I Kahao Guinahan Chamorro ); (25) the Guam Election Commission; (26) the Department of Military Affairs; and (27) the Guam Council on Arts and Humanities Agency. 2009 NOTE : Reference to Office of Public Auditor changed to Office of Public Accountability pursuant to P.L. 30-027:2 (Ju ne 16, 2009). 2013 NOTE: Pursuant to P.L. 32-024:2 (May 6, 2013) which ren amed the Department of Mental Health and Substance Abuse (DMHSA) to the Guam Behavioral Health and Wellness Center, all ref erences to DMHSA were altered to the Guam Behavioral Health and Well ness Center. P.L. 25-079:4 (Nov. 19, 1999) added the following u ncodified provisions: Section 4. Disapproval of Agency Lists.

ref erences to DMHSA were altered to the Guam Behavioral Health and Well ness Center. P.L. 25-079:4 (Nov. 19, 1999) added the following u ncodified provisions: Section 4. Disapproval of Agency Lists. The followi ng agencies’ lists submitted pursuant to § 10106(b) of Article 1 , Chapter 10 of Title 5 of the Guam Code Annotated, as repealed and reenact ed by Public Law Number 25-06, are hereby disapproved, but shall not affect the existing limitations already contained within the Sunshine R eform Act of 1999, including within § 10108, and their applicability t o said agencies: (1) the Department of Education; (2) the University of Guam; (3) the Guam Public Library; (4) the Guam Educational Telecommunications Corpora tion ('KGTF'); and (5) the Guam Community College. NOTE: P.L. 28-045:10 (June 6, 2005) changed the name of the Department of Education to the Guam Public School S ystem. The passage of P.L. 30-050:2 (July 14, 2009) reverted t he name to the Department of Education. P.L. 25-080:2 (Nov. 19, 1999) added the following u ncodified provisions: Section 2. Disapproval of DOC Proposed Exemptions.

0-050:2 (July 14, 2009) reverted t he name to the Department of Education. P.L. 25-080:2 (Nov. 19, 1999) added the following u ncodified provisions: Section 2. Disapproval of DOC Proposed Exemptions. The Department of Corrections’ July 12, 1999 list o f proposed exemptions submitted pursuant to the requi rements of the Sunshine Reform Act of 1999 is hereby disapp roved, but shall not affect the existing limitations alrea dy contained COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 10 within the Sunshine Reform Act of 1999, including w ithin § 10108, and their applicability to said agency. P.L. 25-081:3 (Nov. 19, 1999) added the following u ncodified provisions: Section 3. Disapproval of Agency Lists. The followi ng agencies’ lists submitted pursuant to § 10106(b) of Article 1, Chapter 10 of Title 5 of the Guam Code Annotated, a s repealed and reenacted by Public Law Number 25-06, are hereby disapproved, but shall not affect the limita tions already contained within the Sunshine Reform Act of 1999, including within § 10108, and their applicability t o said Agencies: (1) the Department of Commerce; (2) the Guam Economic Development Authority; and (3) the

d within the Sunshine Reform Act of 1999, including within § 10108, and their applicability t o said Agencies: (1) the Department of Commerce; (2) the Guam Economic Development Authority; and (3) the Guam Visitors Bureau P.L. 25-082:2 (Nov. 19, 1999) added the following u ncodified provisions: Section 2. Disapproval of Agency Lists. The followi ng agencies lists submitted pursuant to § 10106(b) of Article 1, Chapter 10 of Title 5 of the Guam Code Annotated, a s repealed and reenacted by Public Law Number 25-06, are hereby disapproved, but shall not affect the existi ng limitations already contained within the Sunshine R eform Act of 1999, including within § 10108, and their applic ability to said agencies: (1) the Guam Power Authority; (2) the Department of Youth Affairs; (3) the Department of Parks and Recreation; (4) the Department of Public Works; (5) the Guam Contractors Licensing Board; (6) the Bureau of Budget and Management Research; (7) the Guam Energy Office; and (8) the Professional Engineers, Architects and Land Surveyors Board. P.L. 25-094:3 (Dec. 29, 1999) added the following u ncodified provisions: Section 3. Disapproval of Agency Lists.

ergy Office; and (8) the Professional Engineers, Architects and Land Surveyors Board. P.L. 25-094:3 (Dec. 29, 1999) added the following u ncodified provisions: Section 3. Disapproval of Agency Lists. The followi ng agencies’ lists submitted pursuant to § 10106(b) of Article 1, Chapter 10 of Title 5 of the Guam Code Annotated, a s repealed and reenacted by Public Law Number 25-06, are hereby disapproved, but shall not affect the existi ng limitations already contained within the Sunshine R eform Act of 1999, including within § 10108, and their applic ability to said agencies: COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 11 1. the Agency for Human Resources Development; 2. the Department of Law; 3. the Department of Labor; 4. the Supreme Court of Guam; 5. the Department of Youth Affairs; 6. the Public Defender Service Corporation; 7. the Superior Court of Guam; and 8. the Guam Fire Department. P.L. 25-097:2 (Dec. 29, 1999) added the following u ncodified section: Section 2. Disapproval of GPD Proposed Exemptions. The Guam Police Department July 12, 1999 and Septem ber 3, 1999 lists of proposed exemptions submitted purs uant to the requirements of the

section: Section 2. Disapproval of GPD Proposed Exemptions. The Guam Police Department July 12, 1999 and Septem ber 3, 1999 lists of proposed exemptions submitted purs uant to the requirements of the Sunshine Reform Act of 1999 are hereby disapproved, but shall not affect the existi ng limitations already contained within the Sunshine R eform Act of 1999, including within § 10108, and their applic ability to said agencies. § 10107. Annual Report. (a) On or before February 1 of each year, each age ncy shall submit to the Attorney General of Guam a report whi ch shall cover the preceding fiscal year and which shall inc lude: (1) the number of determinations made by the agency not to comply with requests for records made to suc h agency under § 10108 of this Chapter and the reason s for each such determination; (2) the number of requests for records pending befo re the agency as of September 30 of the preceding year , and the median number of days that such requests had be en pending before the agency as of that date; (3) the number of requests for records received by the agency and the number of requests which the agency processed; (4) the median number of days taken by the agency t

re the agency as of that date; (3) the number of requests for records received by the agency and the number of requests which the agency processed; (4) the median number of days taken by the agency t o process different types of requests; and (5) the number of full-time staff of the agency dev oted to processing requests for records under this Secti on, and COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 12 the total amount expended by the agency for process ing such requests. (b) Each agency shall make each such report availab le to the public, including by computer telecommunications, o r if computer telecommunications means have not been est ablished by the agency, by other electronic means. (c) The Attorney General of Guam shall make each re port which has been made available by electronic means a vailable at a single access point. The Attorney General of Guam shall notify the Legislative Secretary of I Liheslaturan Guåhan , no later than April 1 of the year in which each such report is is sued, that such reports are available by electronic means. (d) The Attorney General of Guam shall develop repo rting and performance guidelines in connection with

year in which each such report is is sued, that such reports are available by electronic means. (d) The Attorney General of Guam shall develop repo rting and performance guidelines in connection with repor ts required by this Section by October 1, 1999, and may establi sh additional requirements for such reports as the Attorney Gener al determines may be useful. SOURCE: Added by P.L. 25-006:2 (May 12, 1999). NOTE: This section was originally codified from GC § 6986 , entitled 'Proceedings in the Superior Court to compel disclo sure' as added by P.L. 18-047:1 (Jan. 2, 1987), amended by P.L. 19-00 5:136 (Aug. 21, 1987). Codified by the Compiler as 10 GCA§ 10107. T his provision was repealed by P.L. 25-006:2 (May 12, 1999), and added as 'Annual Report.' § 10108. Limitation on Right of Inspection. Except as provided in § 10109 of this Chapter, not hing in this Chapter shall be construed to require disclosu re of records that are any of the following: (a) Records pertaining to pending litigation to whi ch the agency is a party, until the pending litigation has been finally adjudicated or otherwise settled.

of records that are any of the following: (a) Records pertaining to pending litigation to whi ch the agency is a party, until the pending litigation has been finally adjudicated or otherwise settled. (b) Records of complaints to, or investigations conducted by, or records of intelligence informatio n, or security procedures or information, of an agency or its personnel. COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 13 (c) Personnel, medical, or similar files, the discl osure of which would constitute an unwarranted invasion o f personal privacy. All information regarding salary, and the name, and worksite mailing address of each employee and public official shall be public record. (d) Information required from any taxpayer in connection with the collection of taxes that is rec eived in confidence and the disclosure of the information to other persons would result in unfair competitive disadvan tage to the person supplying the information, except that t otal amounts of money owed to or owed by a person, and penalties levied against and owed by a person, shal l be public information and not exempt from disclosure.

lying the information, except that t otal amounts of money owed to or owed by a person, and penalties levied against and owed by a person, shal l be public information and not exempt from disclosure. (e) Library circulation records kept for the purpos e of identifying the borrower of items available in libr aries, and library and museum materials made or acquired and presented solely for reference or exhibition purpos es. The exemption in this Subsection shall not apply to the records of fines imposed on the borrowers. (f) Applications filed with any agency responsible for the regulation or supervision of the issuance of se curities or of financial institutions, including, but not limit ed to, banks, savings and loan associations, credit unions and in surance companies. The exemption in this Subsection shall n ot apply to the records of loans or securities issued by an agency, the amount of money or credit issued to a p erson, information about the purpose and reasons for loans or securities issued by the agency, or identifying inf ormation about the person receiving the money or credit, inc luding name, date of birth, occupation and place of reside nce.

d reasons for loans or securities issued by the agency, or identifying inf ormation about the person receiving the money or credit, inc luding name, date of birth, occupation and place of reside nce. (g) Test questions, scoring keys and other examinat ion data used to administer a licensing examination, examination for employment, or academic examination . The exemption in this Subsection shall not apply to cum ulative test scores on academic tests administered by the Department of Education, but shall apply to individ ual students’ test scores. COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 14 (h) The home address and telephone number of any person whose occupation is subject to regulation or licensure by the government of Guam, or of any publ ic official or government employee, or of any member o f a government board, commission, or council, unless su ch person gives express permission to disclose such information . (i) All existing privileges or confidential records or other information expressly protected under the law shall not be abrogated by this Act.

gives express permission to disclose such information . (i) All existing privileges or confidential records or other information expressly protected under the law shall not be abrogated by this Act. (j) Records specifically pertaining to security procedures, passwords, combinations, access codes, electronic or computer user I.D.s, policies or proc edures on security. (k) For the Department of Education information which personally identifies participants in the Sch ool Breakfast/Lunch Program, or their parents, guardian s or caretakers. (l) For the University of Guam: (1) all applicant records regarding admission, financial aid and/or scholarships, except that the names and majors/areas of concentration of Financial Aid recipients funded directly or indirectly, through repayments by prior recipients, by a fund of the government of Guam, including the University of Guam’s Student Financial Assistance Program Fund shall be public information and not covered as priv ate writings; (2) closed archives of the RFT Micronesian Area Research Center, as per agreement with donor; and (3) anonymity agreements regarding financial donations and other contributions made to the University only

losed archives of the RFT Micronesian Area Research Center, as per agreement with donor; and (3) anonymity agreements regarding financial donations and other contributions made to the University only to the extent needed to protect the identity of the donor. (m) For the Guam Police Department: COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 15 (1) vice funds disbursement records; (2) disapproved firearm permit applications; and (3) investigation techniques, which if exposed, would threaten the safety of law enforcement offici als and/or threaten the integrity of an investigation. (n) For the Guam Police Department: investigatory records compiled for law enforcement purposes, but only to the extent that the production of such records woul d: (1) interfere with enforcement proceedings; (2) deprive a person of a right to a fair trial or an impartial adjudication; (3) constitute an unwarranted invasion of personal privacy; (4) disclose the identity of a confidential source and, in the case of a record compiled in the course of a criminal investigation, confidential information furnished only by the confidential source; (5) disclose investigative techniques

ntial source and, in the case of a record compiled in the course of a criminal investigation, confidential information furnished only by the confidential source; (5) disclose investigative techniques and procedures; or (6) endanger the life or physical safety of law enforcement personnel. (o) for the Department of Corrections’ Internal Aff airs Unit, the radio logs and tapes. (p) For the Supreme and Superior Courts of Guam: (1) draft/working copies of bench notes, memoranda and opinions generated by the law clerks, research attorneys, judges and justices of the cour ts; and (2) notes of the legal impressions of law clerks, attorneys, judges and justices of cases before the courts, whether pending or already resolved . (q) Draft documents of an Agency. COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 16 (r) All records of the Department of Education, th e University of Guam, the Guam Public Library, the Gu am Educational Telecommunications Corporation ('KGTF') and the Guam Community College that are exempted fr om public disclosure under the provisions of Article 1 of Chapter 10 of Title 5 of the Guam Code Annotated, a s repealed and reenacted by Public Law

nd the Guam Community College that are exempted fr om public disclosure under the provisions of Article 1 of Chapter 10 of Title 5 of the Guam Code Annotated, a s repealed and reenacted by Public Law Number 25-06, shall remain as private writings. SOURCE: Added by P.L. 25-006:2 (May 12, 1999). Subsection (i) added by P.L. 25-078:2 (Nov. 19, 1999). Subsection (j) added by P.L. 25- 078:3 (Nov. 19, 1999). Subsection (k) added by P.L . 25-079:2 (Nov. 19, 1999). Subsection (l) added by P.L. 25-079:3 (Nov. 19, 1999). Subsection (m) added by P.L. 25-097:3 (Dec. 29, 199 9). Subsection (n) added by P.L. 25-097:4 (Dec. 29, 1999). Subsection (o) added by P.L. 25-080:3 (Nov. 19, 1999). Subsection (p) added by P.L. 25-094:2 (Dec. 29, 1999). Subsection (b) amended by P.L. 25-094:4 (Dec. 29, 1999). Subsection (q) added by P.L. 25-082:3 (Nov. 19, 199 9). Subsection (r) added by P.L. 25-081:2 (Nov. 19, 1999). Subsection (h) amended by P.L. 25-184:2 (Jan. 8, 2001). Subsections (c) and (h) a mended by P.L. 32- 020:2 (Apr. 11, 2013). NOTE: This section was originally codified from GC § 698 7, entitled 'Results of nondisclosure' as added by P.L. 18-047: 1 (Jan. 2, 1987), amended by P.L.

a mended by P.L. 32- 020:2 (Apr. 11, 2013). NOTE: This section was originally codified from GC § 698 7, entitled 'Results of nondisclosure' as added by P.L. 18-047: 1 (Jan. 2, 1987), amended by P.L. 19-005:136 (Aug. 21, 1987). Codifie d by the Compiler as 10 GCA§ 10108, entitled 'Penalties for results o f nondisclosure.' This provision was repealed by P.L. 25-006:2 (May 12, 19 99), and added as 'Limitation on right of inspection.' The provision entitled 'Penalties for results of nondisclosure' was reenacted as § 10112. P.L. 28-045:10 (June 6, 2005) changed the name of t he Department of Education to the Guam Public School System. The pa ssage of P.L. 30- 050:2 (July 14, 2009) reverted the name to the Depa rtment of Education. Numbers and/or letters were altered to adhere to th e Compiler’s alpha- numeric scheme in accordance to 1 GCA § 1606. § 10108.1. Disclosure of Privileged Information to Legislative Oversight Committee. Any record or information which may be nondisclose able under § 10108 that is in the possession of an agenc y shall be discloseable to the Legislative Oversight Committee upon its issuance of a subpoena duces tecum requesting such record or information or

under § 10108 that is in the possession of an agenc y shall be discloseable to the Legislative Oversight Committee upon its issuance of a subpoena duces tecum requesting such record or information or subpoena upon the director. SOURCE: Added by P.L. 25:097:5 (Dec. 29, 1999). COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 17 § 10109. Disclosure to Proper Officials. The exemptions of records as prescribed in this Ch apter shall not apply to public officials who prior to th e adoption of this act had legal access to the records. SOURCE: Added by P.L. 25-006:2 (May 12, 1999). NOTE: This section was originally codified from GC § 6990 , entitled 'Public officers to assist implementation of this C hapter' as added by P.L. 18-047:1 (Jan. 2, 1987), amended by P.L. 19-00 5:136 (Aug. 21, 1987). Codified by the Compiler as 10 GCA§ 10109. T his provision was repealed by P.L. 25-006:2 (May 12, 1999), and added as 'Disclosure to Proper Officials.' § 10110. Purpose of Request Irrelevant. This Chapter does not allow limitations on access to a public record based upon the purpose for which the record is being requested, if the record is otherwise subject to disclosure.

uest Irrelevant. This Chapter does not allow limitations on access to a public record based upon the purpose for which the record is being requested, if the record is otherwise subject to disclosure. SOURCE: Added by P.L. 25-006:2 (May 12, 1999). NOTE: This section was originally codified from GC § 6991 , as added by P.L. 18-047:1 (Jan. 2, 1987), amended by P.L. 19 -005:136 (Aug. 21, 1987). Codified by the Compiler as 10 GCA§ 10110, e ntitled 'Privilege No Impaired.' This provision was repealed by P.L. 2 5-006:2 (May 12, 1999), and added as 'Purpose of Rquest Irrelevant.' § 10111. Court Proceedings. (a) Any person making a request in any agency for p ublic records pursuant to § 10103 shall be deemed to have exhausted his administrative remedies with respect to such re quest if the agency fails to comply with the applicable time lim it provisions of that Section. (b) Any person may institute proceedings for injunc tive or declarative relief or writ of mandate in the Superi or Court of Guam to enforce that person’s right to inspect or t o receive a copy of any public record or class of public record s under this Chapter.

clarative relief or writ of mandate in the Superi or Court of Guam to enforce that person’s right to inspect or t o receive a copy of any public record or class of public record s under this Chapter. The times for responsive pleadings and for hearings in these proceedings shall be set by the judge of the Court with the object of securing a decision as to these matters a t the earliest possible time. (c) Whenever it is made to appear by verified petit ion to the Superior Court of Guam that certain public records are being COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 18 improperly withheld from a member of the public, th e Court shall order the officer or person charged with with holding the records to promptly disclose the public record or s how cause why the person should not do so. The Court shall de cide the case after examining the record in camera, papers filed by the parties and any oral argument and additional evidence as th e Court may allow. The burden is on the agency to sustain its a ction. All records shall be presumed public and the burden of establishing that a document or record is private shall be upon the agency or person claiming that

rden is on the agency to sustain its a ction. All records shall be presumed public and the burden of establishing that a document or record is private shall be upon the agency or person claiming that the document on record should not be disclosed or inspected. (d) Except as to cases the Court considers of great er importance, proceedings before the Superior Court, as authorized by this Section, and appeals therefrom, take preced ence over all cases and shall be assigned for hearing and trial o r for argument at the earliest practicable date and expedited in e very way. (e) If the Court finds that the public official’s d ecision to refuse disclosure is not justified under this Chapt er, the Court shall order the public official to make the record public. If the judge determines that the public official was justi fied in refusing to make the record public, the Court shall return t he item to the public official without disclosing its content with an order supporting the decision refusing disclosure. SOURCE: Added by P.L. 25-006:2 (May 12, 1999). § 10112. Penalties for Nondisclosure. (a) If the Court finds that the public official’s decision to refuse disclosure is not justified

using disclosure. SOURCE: Added by P.L. 25-006:2 (May 12, 1999). § 10112. Penalties for Nondisclosure. (a) If the Court finds that the public official’s decision to refuse disclosure is not justified under this Chapt er, the Court shall order the public official to pay a fine of On e Thousand Dollars ($1,000.00). The fine shall be a personal e xpense for the responsible official and in no way shall the fine b e paid by the agency or the government of Guam. (b) There is created the ‘Government Ethics Fund’ t o assist the Guam Ethics Commission in ensuring ethical cond uct in the government of Guam. This fund shall not be commingl ed with the General fund and shall be kept in a separate ba nk account. Any fines collected under Subsection (a) of this Se ction shall be deposited in the Government Ethics Fund, are approp riated to the COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 19 Guam Ethics Commission for ethical investigations, audits and analyses of financial disclosure forms. This approp riation is continuous, contingent on the annual submission of a detailed budget to I Liheslaturan Guåhan , notwithstanding any other provision of law.

lyses of financial disclosure forms. This approp riation is continuous, contingent on the annual submission of a detailed budget to I Liheslaturan Guåhan , notwithstanding any other provision of law. (c) Any officer or employee who acts arbitrarily or capriciously in withholding a public record from a requesting person shall be guilty of a misdemeanor. (d) The Court shall award court costs and reasonabl e attorney fees to the plaintiff should the plaintiff prevail after initial filing of the complaint pursuant to this Se ction. The costs and fees shall be paid by the public agency of whic h the public official is a member or employee and shall not beco me a personal liability of the public official. If the C ourt finds that the plaintiff’s case is clearly frivolous, it shall awa rd court costs and reasonable attorney fees to the public agency. SOURCE: Added by P.L. 25-006:2 (May 12, 1999). § 10113. Judicial Records. The provisions of this Chapter shall not be deemed in any manner to affect the status of judicial records as it existed immediately prior to the effective date of this Sec tion, nor to affect the rights of litigants, including parties t o administrative proceedings,

affect the status of judicial records as it existed immediately prior to the effective date of this Sec tion, nor to affect the rights of litigants, including parties t o administrative proceedings, under the laws of discovery of Guam, n or to limit or impair any rights of discovery in a criminal cas e. The sealing of settlement documents in cases involving the gove rnment of Guam is prohibited. SOURCE: Added by P.L. 25-006:2 (May 12, 1999). Amended b y P.L. 32-076:6 (Nov. 27, 2013). ---------- ARTICLE 2 RECORDS § 10201. Inspection of Public Records; Certified Co pies. [Repealed.] § 10202. Fees for Certified Copies of Public Record s. COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 20 § 10203. Charges for Copying Government Documents. § 10201. Inspection of Public Records; Certified Co pies. [Repealed.] SOURCE: GC § 6251 as added by P.L. 12-034:5 (July 3, 1973), recodified to § 6270 by the Editor of the 1974 Supp lement to the Government Code; repealed by P.L. 18-047:2 (Jan. 2, 1987). COMMENT: Notwithstanding the express repeal of this sectio n by P.L. 18-047:2, the previous Compiler found that this sec tion was revived upon the enactment of P.L. 19-005.

. 18-047:2 (Jan. 2, 1987). COMMENT: Notwithstanding the express repeal of this sectio n by P.L. 18-047:2, the previous Compiler found that this sec tion was revived upon the enactment of P.L. 19-005. The previous Compile r renumbered this section and codified it into Article 2 of this Chap ter, which stated as follows: § 10201. Inspection of Public Records; Certified Co pies. Every person has a right to inspect any public writing on record in Guam and every public officer having the custody thereof is bound to permit such inspection, and to give on demand and on payment of the legal fees therefor a certified copy of such wr iting or record. The common law rules of statutory construction appl y in Guam pursuant to 1 GCA § 700. 'Under the common law rules of inte rpretation, the repeal of a repealing statute revives the original enactment where such repeal is accomplished by express provision. Howeve r, where the repeal of the repealing statute is achieved by specific pr ovision or by implication with new additional legislation, the or iginal legislation is revived only to the extent to which it is consisten t with the new legislation.' Sutherland Statutory Construction, 7 th ed., §

plication with new additional legislation, the or iginal legislation is revived only to the extent to which it is consisten t with the new legislation.' Sutherland Statutory Construction, 7 th ed., § 23:32 (2000). Because P.L. 19-005 enacted § 10103 governing the r ight of inspection of public documents, § 10201 was not revived. § 10202. Fees for Certified Copies of Public Record s. Except when a different amount is prescribed the fo llowing fees shall be paid in advance for certified copies of public records: (a) for making a certified copy, $.75 cents for the first 300 words or part thereof, and $.15 cents for each addi tional 100 words or part thereof. (b) if the record is in a foreign language, $1.00 f or each 100 words or part thereof. (c) for comparing for certification of copy furnish ed by the applicant, one-half the fee for making a copy. COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 21 SOURCE: GC § 6252 as added by P.L. 12-034:5 as GC § 6251 (J uly 3, 1973); recodified to § 6271 by the Editor of the 19 74 Supplement to the Government Code. Repealed by P.L. 18-047:2 (Jan. 2 , 1987); however, P.L. 19-005:139 (Aug. 21, 1987) later repealed P.L.

ly 3, 1973); recodified to § 6271 by the Editor of the 19 74 Supplement to the Government Code. Repealed by P.L. 18-047:2 (Jan. 2 , 1987); however, P.L. 19-005:139 (Aug. 21, 1987) later repealed P.L. 18-047. Renumbered by the Compiler and codified to Article 2 of this C hapter. COMMENT: Notwithstanding the express repeal of this sectio n by P.L. 18-047:2, the previous Compiler found that this sec tion was revived upon the enactment of P.L. 19-005 (Aug. 21, 1987). The common law rules of statutory construction apply in Guam pursuant to 1 GCA § 700. 'Under the common law rules of interpretation, the repeal of a repealing statute revives the original enactment where such repeal is accomplished by express provision.' Sutherland Statutory Constructi on, 7 th ed., § 23:32 (2009). Because the enactment of the Sunshine Law o f 1987, enacted by P.L. 19-005:136, did not include a provision for ch arging fees for certified copies of public records, § 10202 was rev ived and provided statutory authority to charge for these copies. 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered to adhere to th e Compiler’s alpha- numeric scheme. § 10203.

y authority to charge for these copies. 2013 NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered to adhere to th e Compiler’s alpha- numeric scheme. § 10203. Charges for Copying Government Documents. (a) Notwithstanding any other provision of law, no department, agency or instrumentality of the government of Guam , including all autonomous agencies and instrumentalities, shall ch arge another branch, department or agency of the government of G uam, including the Guam Legislature and members thereof, for copies of requested documents, so long as the documents are r equested in an official capacity. (b) Notwithstanding any other provisions of law, an y department, agency or instrumentality of the Execut ive Branch of the government of Guam, including all autonomous ag encies and instrumentalities, except for the Department of Lan d Management and the Department of Revenue and Taxation, may cha rge the media or the general public a copying fee for documents n ot to exceed ten cents (10¢) for the first page of any requested doc ument, and two cents (2¢) each for any remaining pages.

may cha rge the media or the general public a copying fee for documents n ot to exceed ten cents (10¢) for the first page of any requested doc ument, and two cents (2¢) each for any remaining pages. The Depart ment of Land Management and the Department of Revenue and Taxati on may set their charges for documents by rules and regulation s pursuant to the Administrative Adjudication Law. (c) Any department, agency or instrumentality of th e Executive Branch of the government of Guam, including all aut onomous agencies and instrumentalities, may choose not to c harge the media COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 22 or the general public a copying fee for requested d ocuments; however, they shall not charge more than indicated in Subsection (b) of this Section. SOURCE: GC § 6711 as added by P.L. 18-040:13 (Nov. 6, 1986 ). Repealed by P.L. 18-047:2 (Jan. 2, 1987); however, P.L. 19-005:139 (Aug. 21, 1987) later repealed P.L. 18-047. Renumbe red by the Compiler and codified to Article 2 of this Chapter. COMMENT: Notwithstanding the express repeal of this sectio n by P.L.

P.L. 19-005:139 (Aug. 21, 1987) later repealed P.L. 18-047. Renumbe red by the Compiler and codified to Article 2 of this Chapter. COMMENT: Notwithstanding the express repeal of this sectio n by P.L. 18-047:2, the previous Compiler found that this sec tion was revived upon the enactment of P.L. 19-005 (Aug. 21, 1987). The common law rules of statutory construction apply in Guam pursuant to 1 GCA § 700. 'Under the common law rules of interpretation, the repeal of a repealing statute revives the original enactment where such repeal is accomplished by express provision.' Sutherland Statutory Constructi on, 7 th ed., § 23:32 (2009). Because the enactment of the Sunshine Law o f 1987, enacted by P.L. 19-005:136, did not include a provision for ch arging fees for copying government documents, § 10203 was revived a nd provided statutory authority to charge for these copies. ---------- ARTICLE 3 INFORMATION REQUIRED ON MAGNETIC MEDIA AND THE INTERNET SOURCE: Entire Article added by P.L. 24-301:2 (Dec. 18, 1 998). § 10301. Information Required to be Made Available on Magnetic Media Format. § 10301.1. Information Not Stored on Magnetic Media Format. § 10302. Magnetic Media Defined. § 10303.

:2 (Dec. 18, 1 998). § 10301. Information Required to be Made Available on Magnetic Media Format. § 10301.1. Information Not Stored on Magnetic Media Format. § 10302. Magnetic Media Defined. § 10303. Formats for Magnetic Media. § 10304. Fees and Timeframes for Information Availa ble on Magnetic Media. § 10305. Home Page for Each Department or Agency of Government. § 10306. Information Required on Official Home Page s. § 10307. Formats for Home Pages. § 10308. Special Requirements for Telephone Directo ry. § 10309. Special Requirements for Legislation. COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 23 § 10310. Special Requirements for Property Maps in the Custody of the Department of Land Management. § 10311. Prohibition Against Partisan Endorsements or Detractions. § 10312. Special Requirement for Government of Guam Accounts with the Guam Power Authority. § 10313. Special Requirement for Non-Immigrant Alie n Temporary Labor Certificates approved by I Maga’lahi (the Governor). § 10314. Acceptance of Applications, Filings and Fo rms for Services Via the Internet. § 10315. Special Requirement for Medical Licenses. § 10301.

Certificates approved by I Maga’lahi (the Governor). § 10314. Acceptance of Applications, Filings and Fo rms for Services Via the Internet. § 10315. Special Requirement for Medical Licenses. § 10301. Information Required to be Made Available on Magnetic Media Format. Any information, that is stored on or will be store d on magnetic media, available under the Freedom of Info rmation Act, as provided for in Article 1 of this Chapter, shall be made available to the general public on magnetic media. SOURCE: Added by P.L. 24-301:2 (Dec. 18, 1998). § 10301.1. Information Not Stored on Magnetic Media Format. An agency may make information, covered by Article 1 of this Chapter that is not stored on magnetic media, available to the general public on magnetic media and charge a f ee for such service. Such fees shall be based on the cost of su ch services, and subject to the provisions of the Administrative Adjudication Law. SOURCE: Added by P.L. 24-301:2 (Dec. 18, 1998). § 10302. Magnetic Media Defined. For purposes of this Section, magnetic media shall be defined as three and one-half inch (3.5') high-dens ity floppy diskettes and CD ROM disks.

01:2 (Dec. 18, 1998). § 10302. Magnetic Media Defined. For purposes of this Section, magnetic media shall be defined as three and one-half inch (3.5') high-dens ity floppy diskettes and CD ROM disks. To fulfill the requirem ents of § 10301 of this Article, Agencies only need make info rmation that consist of computer files that total more than six (6) megabytes of information available on CD ROM. All others less than six (6) megabytes shall be available on floppy diskettes. COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 24 SOURCE: Added by P.L. 24-301:2 (Dec. 18, 1998). § 10303. Formats for Magnetic Media. Unless otherwise provided for herein, information s hall be made available in the following formats: (a) Written Transcripts, Rules and Regulations, Legislation and Written Text Documents: Written transcripts, rules and regulations, legislation and written text documents shall be made available in the following formats: ASCII, text and any other word processing format commonly and widely used on Microsoft and Macintosh Operating Systems. (b) Financial Information: Lotus 123, Microsoft Exc el and Corel Quattro Pro for Microsoft and Macintosh operating

essing format commonly and widely used on Microsoft and Macintosh Operating Systems. (b) Financial Information: Lotus 123, Microsoft Exc el and Corel Quattro Pro for Microsoft and Macintosh operating systems. (c) Other Information: The individual agencies shal l, under the provisions of the Administrative Adjudica tion Law, determine most appropriate format and make ava ilable such information on magnetic media. Agencies may, through appropriate rules and regulat ions pursuant to the Administrative Adjudication Law, ma ke information available through other formats and cha rge a fee for such services. If a special format is, or becomes a vailable for personal computers or Macintosh Computers for indiv iduals with disabilities, agencies shall make such information available in that format at no additional cost. The determinatio n of which formats are commonly and widely used as required he rein shall be determined from input from the general public at a public hearing held at least once per calendar year by eac h Branch of the government of Guam. SOURCE: Added by P.L. 24-301:2 (Dec. 18, 1998). § 10304. Fees and Timeframes for Information Availa ble on Magnetic Media.

d at least once per calendar year by eac h Branch of the government of Guam. SOURCE: Added by P.L. 24-301:2 (Dec. 18, 1998). § 10304. Fees and Timeframes for Information Availa ble on Magnetic Media. (a) Notwithstanding any other provision of law, no department, agency or instrumentality of the government of Guam , including all autonomous agencies and instrumentalities, shall ch arge another branch, department or agency of the government of G uam, COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 25 including I Liheslaturan Guåhan and members thereof, for copies of requested documents, so long as the documents ar e requested in an official capacity. Unless otherwise provided herein, no department, ag ency or instrumentality of all Branches of the government o f Guam, including all autonomous agencies and instrumentali ties shall charge fees in excess of Two Dollars ($2.00) per fl oppy diskette, and Fifteen Dollars ($15.00) per CD ROM; should the cost of providing such services increase, a department or a gency may set their fees at a higher rate, by rules and regulatio ns pursuant to the Administrative Adjudication Law, only to cover the additional costs.

ing such services increase, a department or a gency may set their fees at a higher rate, by rules and regulatio ns pursuant to the Administrative Adjudication Law, only to cover the additional costs. No fee shall be charged to any person who obtains p ublic information from the Internet. Requests for such information on magnetic media sha ll be made in writing to the applicable agency. Such magn etic media shall be provided to the person requesting such inf ormation within five (5) working days, excluding weekends and holid ays, of the request. Payment for such services shall be made at the time of the request. Agencies may by rules and regulations purs uant to the Administrative Adjudication Law, develop appropriat e timeframes for providing information in other formats not expr essly mentioned in § 10303 of this Article. SOURCE: Added by P.L. 24-301:2 (Dec. 18, 1998). § 10305. Home Page for Each Department or Agency of Government. (a) Every department or agency of the Executive Bra nch of the government of Guam, inclusive of all autonomous agencies, the Department of Education, the Guam Visitors Bure au, the Guam Economic Development and Commerce Authority, t he Guam Waterworks

nch of the government of Guam, inclusive of all autonomous agencies, the Department of Education, the Guam Visitors Bure au, the Guam Economic Development and Commerce Authority, t he Guam Waterworks Authority and the Guam Power Author ity, shall develop and post on the Internet a home page or website. Each home page or website shall be designated as th e official website or home page for such department, agency, a utonomous agency or public corporation and no information pos ted thereon shall be restricted by user status, passwords, or t he assessment of dues, membership fees or registration fees. This S ection, and § 10306 of this Chapter shall apply to I Liheslaturan Guåhan as a single agency and the Judiciary of Guam as a single agency. COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 26 (b) All finalized reports, studies, and plans initi ated, contracted for or conducted by any department or ag ency, except criminal investigative and security-related reports , studies, and plans, shall be posted on the agency home page. By January 1, 2008, copies of all such reports, studies, and plan s held in the records of all departments and agencies shall be po

orts , studies, and plans, shall be posted on the agency home page. By January 1, 2008, copies of all such reports, studies, and plan s held in the records of all departments and agencies shall be po sted on the agency home page. SOURCE : Added by P.L. 24-301:2 (Dec. 18, 1998). Repealed and reenacted by P.L. 28-057:2 (June 30, 2005). Amende d by P.L. 29- 019:VI:88 (Sept. 29, 2007). 2009 NOTE: P.L. 28-045:10 (June 6, 2005) changed the name of the Department of Education to the Guam Public School S ystem. P.L. 30- 050:2 (July 14, 2009) reverted the name of the Guam Public School System to the Department of Education. § 10306. Information Required. The following information must be posted, at a mini mum, on each official website or homepage required pursu ant to Section 10305 above. (a) Notice of all meetings, hearings and public eve nts as required by public law and for such duration as required by public law and containing such information as is required by public law. (b) The official name of the department, agency, autonomous agency or public corporation in both Eng lish and Chamorro, the email address, public phone numbe rs, mailing address and physical location of the depart

al name of the department, agency, autonomous agency or public corporation in both Eng lish and Chamorro, the email address, public phone numbe rs, mailing address and physical location of the depart ment, agency, autonomous agency or public corporation. (c) The names and titles of the Director, Deputy Director or official in charge of the department, a gency, autonomous agency or public corporation, as appropr iate, as well as the names and titles of the administrators of each and all offices, programs, services, units or divis ions under its purview, and the names of all board members of every board or commission associated with or appurtenant thereto, and an organizational chart demonstrating the relat ionships between all, as relevant. (d) A list of all fees charged for any services. COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 27 (e) All rules and regulations in force as promulgat ed by the department, agency, autonomous agency or pub lic corporation, or links thereto, as well as all propo sed rules and regulations, or amendments thereto, as are prog ressing through the administrative adjudication process as detailed in the Administrative

oration, or links thereto, as well as all propo sed rules and regulations, or amendments thereto, as are prog ressing through the administrative adjudication process as detailed in the Administrative Adjudication Act. (f) The budget for the department, agency, autonomous agency or public corporation as is in fo rce and approved by I Liheslaturan Guåhan or the governing board as appropriate, as well as the proposed budget for the upcoming fiscal year, and in such form as is submit ted to or approved by I Liheslaturan Guåhan or the governing board as appropriate, and all expenditures of the departm ent, agency, autonomous agency or public corporation, su ch entries to be updated on a quarterly basis. (g) The awardee, amount, duration and a general description of all contracts of any nature as enter ed into by the department, agency, autonomous agency or public corporation, such entries to be updated on a quarte rly basis. (h) The amount of and a general description of all grants received by the department, agency, autonomo us agency or public corporation. (i) The hours of operation of the department, agen cy, autonomous agency or public corporation, and all pr ograms, units or

ceived by the department, agency, autonomo us agency or public corporation. (i) The hours of operation of the department, agen cy, autonomous agency or public corporation, and all pr ograms, units or services under its purview. (j) A general description of the areas of responsi bility of the department, agency, autonomous agency or pub lic corporation, and all offices, programs, services, u nits or divisions under its purview, as well as any public reports, studies and publications as the public might expect access to under Guam law. (k) The results of audits, or links thereto, of th e department, agency, autonomous agency or public corporation, or any component or service of same. (l) In the case of a department, agency, autonomou s agency or public corporation that generates its own income COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 28 through fees for services or other fees, an annual statement detailing collection and income derived from such f ees. (m) All blank applications and other forms for services, licenses, government benefits, etc., of a ll agencies, autonomous agencies, public corporations and instrumentalities of the government of Guam.

) All blank applications and other forms for services, licenses, government benefits, etc., of a ll agencies, autonomous agencies, public corporations and instrumentalities of the government of Guam. In the event that the nature of a form or application prevents i t from being posted (such as carbon copy forms), the agenc y shall state on its website the reasons that such form can not be posted. To the extent possible and practical, the agencies shall make the forms available in fill-able/savable /printable Adobe portable document format (PDF). Notwithstandi ng the requirements, supra, of this Subsection; the Un ified Judiciary shall within its rule-making authority de termine which documents shall be posted on its website and the form and manner in which such documents are to be p osted. Nothing in this Section shall be construed as limit ing the information that a department, agency, autonomous a gency or public corporation may provide to the general publi c via a home page or website. SOURCE : Added by P.L. 24-301:2 (Dec. 18, 1998). Repeale d and reenacted by P.L. 28-057:3 (June 30, 2005). Amende d by P.L. 30-222:1 (Dec. 30, 2010).

o the general publi c via a home page or website. SOURCE : Added by P.L. 24-301:2 (Dec. 18, 1998). Repeale d and reenacted by P.L. 28-057:3 (June 30, 2005). Amende d by P.L. 30-222:1 (Dec. 30, 2010). NOTE: Pursuant to the authority granted by 1 GCA § 1606 , numbers and/or letters were altered to adhere to the Compil er’s alpha-numeric scheme. § 10307. Formats for Home Pages. There are no special requirements for the format o r construction of official Home Pages. Each Branch of government shall make every possible effort to ensure that off icial Home Pages use text and graphics formats that can be eas ily loaded and read by most Web browsers. For complex documents in tended for download by the general public, such documents shall be available in, but not limited to, Portable Document Format ('PDF'). SOURCE: Added by P.L. 24-301:2 (Dec. 18, 1998). § 10308. Special Requirements for Telephone Directo ry. COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 29 The Guam Telephone Authority shall, within ninety (90) days of the enactment hereof, make its annual phone directory of published numbers available on the Internet and on CD ROM.

EFORM ACT OF 1999 29 The Guam Telephone Authority shall, within ninety (90) days of the enactment hereof, make its annual phone directory of published numbers available on the Internet and on CD ROM. To the extent that funds allow for, the Guam Telephone Authority shall make arrangements with companies that publish national directories on the Internet for inclusion of publis hed Guam telephone numbers on their internet directory servi ces. CD ROM versions of the directory shall be published quarte rly and made available in all database, spreadsheet and word pro cessing formats widely and commonly used on Microsoft and M acintosh operating systems. Unlisted numbers and information on subscribers not included in the printed version of the directory shall not be included on the Internet or CD ROM ver sions. The version of the telephone directory published on the Internet shall be updated not less than once every calendar quarte r. SOURCE: Added by P.L. 24-301:2 (Dec. 18, 1998). § 10309. Special Requirements for Legislation. Beginning with I Mina’Bente Kuattro Na Liheslaturan Guåhan , all bills passed by I Liheslaturan Guåhan shall be posted on I Liheslaturan Guåhan’ s Official Home

Special Requirements for Legislation. Beginning with I Mina’Bente Kuattro Na Liheslaturan Guåhan , all bills passed by I Liheslaturan Guåhan shall be posted on I Liheslaturan Guåhan’ s Official Home Page. Bills signed into law or vetoed by I Maga’lahen Guåhan shall include I Maga’lahen Guåhan’ s message. In the event a Bill becomes law either through approval of I Maga’lahen Guåhan , or override by I Liheslaturan Guåhan , the date and public law number shall also be included. Information required to be included with each bill posted on I Liheslaturan Guåhan’ s Official Home Page shall include the sponsors of th e legislation and, if applicable, the score through and underline notations that reflect changes that will be made to existing law b y enactment of the bill. The voting record shall be included with each bill passed or overridden by I Liheslaturan Guåhan . Beginning with I Mina’Bente Sinko Na Liheslaturan Guåhan , all bills introduced by members of I Liheslaturan Guåhan shall be posted on I Liheslaturan Guåhan’ s official Home Page. New bills shall be posted within five (5 ) working days of the bill’s introduction.

ills introduced by members of I Liheslaturan Guåhan shall be posted on I Liheslaturan Guåhan’ s official Home Page. New bills shall be posted within five (5 ) working days of the bill’s introduction. The address of the official Home Page, where all bills that are introduced are poste d, shall be included in all notices of public hearings. COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 30 SOURCE: Added by P.L. 24-301:2 (Dec. 18, 1998). § 10310. Special Requirements for Property Maps in the Custody of the Department of Land Management. Within one (1) year of the enactment hereof, the Department of Land Management shall publish a compl ete set of the maps of Guam in their custody on CD ROM. Existi ng maps in magnetic media format shall be made available pu rsuant to the provisions of this Article notwithstanding this one (1) year period. SOURCE: Added by P.L. 24-301:2 (Dec. 18, 1998). § 10311. Prohibition Against Partisan Endorsements or Detractions. No official Home Page required herein may be used to endorse or detract from any elected official, candi date for an elected office or the platform of any elected offic ial or candidate for elected office.

icial Home Page required herein may be used to endorse or detract from any elected official, candi date for an elected office or the platform of any elected offic ial or candidate for elected office. SOURCE: Added by P.L. 24-301:2 (Dec. 18, 1998). § 10312. Special Requirement for Government of Guam Accounts with the Guam Power Authority. Within six (6) calendar months of the enactment her eof, the Guam Energy Office shall publish on its website a listing of all government of Guam meters registered with the Guam Power Authority, and the corresponding fiscal quarterly a ccount information that shall include kilowatt hours bille d to, amounts billed to, a KWH consumption benchmark which reflec ts a reasonable target if viable energy conservation mea sures are implemented, amounts paid from and amounts due from each department, office or agency of the Executive Branc h of the government of Guam, inclusive of all autonomous age ncies, the Department of Education, the University of Guam, th e Guam Community College, the Guam Visitors Bureau, the Gu am Economic Development Authority, the Guam Waterworks Authority, the Guam Power Authority, I Liheslatura and the Judiciary.

ity of Guam, th e Guam Community College, the Guam Visitors Bureau, the Gu am Economic Development Authority, the Guam Waterworks Authority, the Guam Power Authority, I Liheslatura and the Judiciary. The Guam Power Authority shall provide all necessary information to the Guam Energy Office for the purposes of this Section. The Guam Energy Office s hall monitor COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 31 and make recommendations, in writing, on a quarterl y basis to the respective agency heads on the energy savings a lternatives, and post them on their website. SOURCE: Added by P.L. 30-051:1 (July 14, 2009). 2009 NOTE: P.L. 28-045:10 (June 6, 2005) changed the name of the Department of Education to the Guam Public School S ystem. P.L. 30- 050:2 (July 14, 2009) reverted to the Department of Education. § 10313. Special Requirement for Non-Immigrant Alie n Temporary Labor Certifications approved by I Maga’lahi (the Governor). Within six (6) calendar months of the enactment her eof, the Guam Department of Labor shall publish and update o n a quarterly basis on its website a listing of all tem porary labor certifications issued and attested to, as of the

of the enactment her eof, the Guam Department of Labor shall publish and update o n a quarterly basis on its website a listing of all tem porary labor certifications issued and attested to, as of the da te of the enactment hereof, by I Maga’lahi (the Governor) pursuant to Chapter 7 of Title 17, Guam Administrative Rules an d Regulations, including the name, telephone number, and physical address of the applicant for temporary labor certif ication; the position title for which the application was made; the number of United States residents who applied to fill said po sition; the number of qualified, willing, and available United States residents who applied to fill said position; and th e date said application was submitted and approved. SOURCE: Added by P.L. 31-124:1 (Sept. 30, 2011). § 10314. Acceptance of Applications, Filings and Fo rms for Services Via the Internet. Notwithstanding any other provision of law, all ent ities of the government of Guam, inclusive of autonomous age ncies, shall provide for the acceptance of applications, f ilings and forms for services through their official website.

n of law, all ent ities of the government of Guam, inclusive of autonomous age ncies, shall provide for the acceptance of applications, f ilings and forms for services through their official website. If the nature of an application, a filing or a form does not allow f or it to be accepted via the internet, the respective governmen t entity shall explicitly state the reason on its website. SOURCE: Added by P.L. 31-187:1 (Feb. 27, 2012), effective (180) days upon enactment pursuant to P.L. 31-187:2. § 10315. Special Requirement for Medical Licenses. COL5/8/20205 GCA GOVERNMENT OPERATIONS CH. 10 SUNSHINE REFORM ACT OF 1999 32 Within six (6) months of the enactment hereof, the Guam Board of Medical Examiners shall publish, and update on a quarterly basis on its website, a listing of licens es issued pursuant to Article 2 (Physicians Practice Act) of Chapter 12, Title 10, Guam Code Annotated, including the licens e holder’s name, primary work address, work phone number, spec ialty, initial date of licensure, license status, and boar d certifications. SOURCE: Added by P.L. 33-080:1 (Nov. 9, 2015). ---------- COL5/8/2020