(1) business or other undertaking in which the employee has a financial interest; or

(2) private undertaking in which the employee is engaged as legal counsel, advisor, consultant, representative, or other agency capacity.

A department head who is unable to be disqualified on any matter described in item (1) or (2) of this Subsection may be in violation of this Subsection even if the individual has complied with the disclosure requirements of § 15208; and a person whose
position on a board, commission or committee is mandated by statute, resolution or executive order to have particular qualifications shall only be prohibited from taking official action that directly and specifically affects a business or undertaking in which such person has a financial interest; provided that the financial interest is related to the member’s particular qualifications.

(b) No employee shall acquire financial interests in any business or other undertaking which the employee has reason to believe may be directly involved in official action to be taken by the employee.

(c) No employee shall assist any person or business or act in a representative capacity before any territorial agency for any compensation in any transaction involving Guam.

(d) No employee shall assist any person or business or act in a representative capacity for a fee or other compensation to secure passage of a bill or to obtain a contract, claim, or other transaction or proposal in which the employee has participated or will participate as an employee, nor shall the employee assist any person, or business, or act in a representative capacity for a fee or other compensation on such bill, contract, claim, or other transaction or proposal before the Legislature or Guam 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 other transaction or proposal involving official action by the agency if the employee has official authority over that agency unless such employee has complied with the disclosure requirements of § 15208.

(f) Nothing herein shall preclude an employee from having outside business interests or employment so long as such interests or employment do not interfere with performance of official duties and is not otherwise in direct conflict with this Chapter.

(g) All employees, as defined in this Section, who know, or with reasonable investigation should know, that the employee has a financial interest in any decision pending before that employee or the agency of which the employee is a member shall not vote
for or against, discuss, decide, in any way participate in considering the matter, or seek to influence the votes or decisions of others on such matter.

Prior to any determination of the matter, the employee shall verbally disclose at the meeting, if any, the nature of such interest, and shall have such disclosure placed in the official records of the agency. Should an employee be absent from that meeting or a portion of that meeting, the employee is required to verbally disclose the nature of the conflict at the next attended meeting and said disclosure shall be placed in the official records of the agency. Further, the employee must complete a Disclosure of Conflicts of Interest form with the Guam Election Commission within three (3) working days upon the employee’s recognition of said conflict.

(h) A legislator who casts a vote with respect to any bill on the floor of the Guam Legislature in which the legislator has a financial interest shall prepare a written statement that identifies the bill, the legislator’s vote and the nature of the legislator’s financial interest. The legislator shall file the statement with the Office of the Speaker and a copy immediately provided to the Clerk of I Liheslaturan Guåhan prior to voting. The statement shall be posted on I Liheslaturan Guåhan’s website.

(i) The Guam Election Commission shall be the main repository for the Disclosure of Conflicts of Interest forms and shall create such form to be distributed to all departments, agencies, boards and commissions. Such form shall include, but not be limited to, the name of the employee, the entity represented, and a statement of disclosure describing the matter or decision pending before the employee, and the nature and description of the conflict.

SOURCE: Section 15205 added by P.L. 23-105:1 (July 8, 1996). Subsections (g), (h), and (i) added by P.L. 30-030:3 (June 16, 2009).

2021 NOTE: References to “”Territory”” and “”territorial”” replaced with
“”Guam”” pursuant to 1 Guam Code Ann. § 420.