(a) Preferences, conditions and prohibitions concerning employment in the Government shall conform with the provisions of the Organic Act of Guam. No person shall be discriminated against in connection with any of the processes provided for by this Chapter or in the rules adopted thereunder because of race, color, political opinions or religious opinions or affiliations.

(b) Any person who uses or attempts to use political influence or promises any advantage in connection with the selection or promotion of any employee in the classified services, solicits contributions for political purposes or solicits during office hours or at any time makes demands upon employees in the classified services for such contribution shall be guilty of a petty misdemeanor.

(c) Any person who willfully makes a false or misleading statement in order to secure employment, advancement or other benefits under this Chapter or under the rules adopted thereunder shall be guilty of a petty misdemeanor and, in addition, shall forfeit the position, employment, benefit or advancement sought through the false or misleading statement or statements.

(d) No person who advocates, or who aids or belongs to any party, organization or association which advocates the overthrow by force or violence of the government of Guam or of the United States shall be qualified to hold a Government position.(e) No officer or employee of the Government shall conduct or engage in any business or trade outside the government service without the prior approval of his department head as provided in
§ 4105 of this Chapter. In addition to the limitations contained in
§ 4105(d) of this Chapter:

(1) No approval shall be granted if such business or trade may be prejudicial to the best interests of the people or if there may be a conflict of interest between the officer’s or employee’s government position and the outside trade or business;

(2) Every officer or employee who has a direct or indirect interest in any firm, partnership, business or corporation which contracts with the Government, at the time of submission of bids or commencement of negotiations as the case may be, shall file a statement under oath with the Director of Administration for Executive Branch employees, and the Court Administrator for Judiciary employees describing such interest. Any such statement shall also be given to the department head of such employee and shall also be a public record for all purposes.

As used in this Section, ‘interest’ includes ownership of not less than five percent (5%) of the firm, corporation or partnership or the employee having a position with the said firm, corporation or partnership equivalent to that of officer, manager or other decision-making position.

(f) Failure by an officer or employee to comply with any of the provisions of Subsection (e) of this Section shall be grounds for dismissal from government service and the Director of Administration or Court Administrator, as the case may be, shall order the compensation stopped of any officer or employee found to be in violation.

(g) Any contract entered into involving a violation of Subsec- tion (e) of this Section may be declared null and void at the discre- tion of the Government.

(h) No contract may be entered into whereby any officer or employee shall have any administrative, supervisory or directory power over the execution thereof if such officer or employee has
any direct or indirect interest in the contractor or in the contract. All contracts entered into in violation of this Subsection are void.

SOURCE: Added as 4 Guam Code Ann. § 4134 by P.L. 16-023:1 (Aug. 12, 1981). Codified to this section by the Compiler pursuant to authority granted by
1 Guam Code Ann. § 1606. Subsections (e)(2) and (f) amended by P.L. 17-005:4 and
5 respectively (Apr. 21, 1983).