Attorney's Note

Under the Guam Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
misdemeanorup to 1 yearup to $1,000
For details, see 9 Guam Code Ann. § 80.34

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In 5 Guam Code Ann. § 10112

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
(a) If the Court finds that the public official’s decision to refuse disclosure is not justified under this Chapter, the Court shall order the public official to pay a fine of One Thousand Dollars ($1,000.00). The fine shall be a personal expense for the responsible official and in no way shall the fine be paid by the agency or the government of Guam.

(b) There is created the ‘Government Ethics Fund’ to assist the Guam Ethics Commission in ensuring ethical conduct in the government of Guam. This fund shall not be commingled with the General fund and shall be kept in a separate bank account. Any fines collected under Subsection (a) of this Section shall be deposited in the Government Ethics Fund, are appropriated to theGuam Ethics Commission for ethical investigations, audits and analyses of financial disclosure forms. This appropriation 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 reasonable attorney fees to the plaintiff should the plaintiff prevail after initial filing of the complaint pursuant to this Section. The costs and fees shall be paid by the public agency of which the public official is a member or employee and shall not become a personal liability of the public official. If the Court finds that the plaintiff’s case is clearly frivolous, it shall award court costs and reasonable attorney fees to the public agency.

SOURCE: Added by P.L. 25-006:2 (May 12, 1999).