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Terms Used In 4 Guam Code Ann. § 4508

  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
Public access of electronic mail (email) messages sent to and from an employee’s government of Guam email account shall be subject to the provisions of Chapter 10 of Title 5, Guam Code Ann. (Freedom of Information Act).

(a) Any email messages regarding information not authorized to be public by the Freedom of Information Act shall continue to be non-public information.

(b) Searches of files, messages and files contained in an employee’s government of Guam email account may be conducted by investigatory personnel if authorized by a warrant issued by a court of competent jurisdiction.

(c) If a warrantless search, without probable cause, is conducted of the messages and files in an employee’s government of Guam email account, no information may be used against the employee in a civil or criminal proceeding.

(d) Any warrantless searches of an employee’s government of Guam email accounts, and the purposes of such searches, shall be reported to the Office of the Attorney General prior to conducting the search.

SOURCE: Added by P.L. 31-138:3 (Nov. 17, 2011).

2018 NOTE: Subsection designations added pursuant to authority granted by 1 Guam Code Ann. § 1606.

ARTICLE 6
ENHANCED PLACEMENT FOR PUBLIC EMPLOYEES
DISPLACED DUE TO OUTSOURCING

SOURCE: Added by P.L. 27-106:VI:34 (Sept. 30, 2004). Repealed and reenacted in its entirety by P.L. 29-097:1 (July 22, 2008).