(a) The Attorney General, subject to the approval of I Maga’lahen Guåhan for settlements of over Fifteen Thousand Dollars ($15,000.00) for a claim for damages to a motor vehicle incurred in an accident involving the motor vehicle of the claimant filed exclusively pursuant to § 6105(b), where the aggregate of the claim for the motor vehicle of the claimant, not
including any claim, or any portion of the claim, for personal injury, is for less than Fifteen Thousand Dollars ($15,000.00); and Three Thousand Dollars ($3,000.00) for all other claims, may settle for money damages any claim against a line agency or autonomous agency under this Chapter. The Attorney General may recommend other relief, if appropriate.

(b) In the case of autonomous agencies, the Claims Officer, subject to the approval of the Board, the Attorney General and I Maga’lahen Guåhan, or if there be no Board, the highest official of such agency, the Attorney General and I Maga’lahen Guåhan for settlements of over Fifteen Thousand Dollars ($15,000.00) for a claim for damages to a motor vehicle incurred in an accident involving the motor vehicle of the claimant filed exclusively pursuant to § 6105(b), where the aggregate of the claim for the motor vehicle of the claimant, not including any claim, or any portion of the claim, for personal injury, is for less than Fifteen Thousand Dollars ($15,000.00); and Three Thousand Dollars ($3,000.00) for all other claims, may settle for money damages any claim filed against said agency under this Chapter. The Attorney General may recommend other relief as may be appropriate.

(c) Settlement of any claims concerning the government of Guam shall not be sealed and shall be open to public inspection. The Attorney General or the attorney for the agency shall send a copy of each settlement to the Speaker of I Liheslaturan Guåhan within five (5) days of approval by I Maga’lahen Guåhan.

(d) Approved settlements shall not be subject to fiscal year limitations on the authority of government agencies to make full payments in resolution of a claim.

SOURCE: GC § 6500.10. Added by P.L. 17-029:1 (Nov. 9, 1983) as § 6500.15. Codified as 5 Guam Code Ann. § 6206. Amended by P.L. 25-130:2 (May
22, 2000). Subsection (c) added by P.L. 32-076:2 (Nov. 27, 2013). Subsection (d) added by P.L. 33-185:22 (Sept. 10, 2016).

COMMENT: This Section separates the line agencies from the autonomous agencies as far as settlement goes. Subsection (a) continues the procedure, with amendments, as is now law with respect to the line agencies. Subsection (b) follows the same procedure, but makes the approving authority the governing board of the autonomous agency as well as the Attorney General and the Governor.
The dollar limit in former law has been eliminated from this Section. There is no reason, particularly with inflation and court awards being as high as they are, for such a limitation, especially when the approval of the Governor is required for all settlements above $3,000. Approval by the governing board is required for the settlement of autonomous agency claims as well as the Attorney General and the Governor. We should not encourage court suits by such limitation when litigation could be avoided.

1986 NOTE: (Original) This section separates the line agencies from the autonomous agencies as far as settlement goes. Subsection (a) continues the former procedure, with amendments. Subsection (b) follows the same procedure with respect to autonomous agencies, but adds their board or chief officer as an approving authority for settlements of over $3,000.

Former law, with a short exception, provided that the Attorney General could approve settlements only if they were under $3,000. This section retains the limit of $3,000 for the Attorney General or Claims Officer acting alone, but permits greater settlements with the approval of the Governor, in the case of line agencies, and the Board or chief officer, Attorney General and Governor in the case of autonomous agencies. This should encourage settlements before court suits, but keep the policy makers aware of the settlement and permit them to bring other policy considerations into the larger settlements. We should not encourage suits where settlement is possible.

Settlements involving other than money may not be approved by the Attorney General or Claims Officer, but only recommended to those having the power to make the necessary agreements. Neither Attorney General, nor the individual Claims Officer has authority to bind other departments, or even the director of the agency involved to make changes in policy or procedure.