2 Guam Code Ann. § 5111
Terms Used In 2 Guam Code Ann. § 5111
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(a) To investigate, on complaint of a person but not an agency or on his own motion, any act of an agency without regard to its finality.
(b) To adopt, promulgate, amend and rescind rules and regulations required for the discharge of his duties, including procedures for receiving and processing complaints, conducting investigations and reporting his findings. However, he may not levy any fees for the submission or investigation of complaints.
(c) To examine the records and documents of any agency except those records and documents privileged from inspection because of their confidential nature, including but not limited to juvenile court records, tax records and other records specifically made confidential by law.
(d) To enter and inspect without notice the premises of any government agency.
(e) To subpoena any employee or agent of the government of Guam to appear, give sworn testimony or to produce documentary or other evidence that is reasonably material to his inquiry and to administer oaths and affirmations in all matters incident to his duties.
(f) To undertake, participate in or cooperate with persons and agencies in such conferences, inquiries, meetings or studies as might lead to improvements in the functioning of agencies
(g) To obtain such information and make such inquiries from any agency or person as he shall require for the discharge of his duties.
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2 Guam Code Ann. LEGISLATIVE BRANCH
CH. 5 OFFICE OF THE SURUHANU
(h) To maintain secrecy in respect to all matters and the identities of the complainants or witnesses coming before him.
(i) To concern himself with the strengthening of procedures and practices which lessen the risk that objectionable administrative acts will occur.
(j) To bring civil proceedings in any appropriate court to enforce the provisions of this Chapter and to retain legal counsel to effectuate the intent of this Subsection and this Chapter.
SOURCE: GC § 1434. Added by P.L. 14-99; renumbered by P.L. 15-83; Subsection
(e) amended by P.L. 15-83; Subsection (j) added by P.L. 16-24.
COURT DECISIONS: The Suruhanu, as part of the Legislative Branch, has the power to bring actions in court to enforce only the powers given him under the Suruhanu Act in chief, namely those powers related to his functions of investigation, reporting and recommending. The Suruhanu has no substantive enforcement powers. Attorney General of Guam v. 16th Guam Legislature, et al. Sup. Ct. Civ. No. 593-81 (1982).