GCA Title 5, Chapter 8
5 GCA GOVERNMENT OPERATIONS CH. 8 OPEN GOVERNMENT LAW
CHAPTER 8 OPEN GOVERNMENT LAW
2025 NOTE: Pursuant to 5 GCA § 1510, I Maga’hågan/Maga’låhen Guåhan means the ‘Governor of Guam.’ Pursuant to 2 GCA § 1101, I Liheslaturan Guåhan means the ‘Guam Legislature’ and I Liheslatura means the ‘Legislature.’
- § 8101. Citation.
- § 8102. Policy.
- § 8103. Open Meetings.
- § 8103.1. Action Voided - Noncompliance. [Renumbered to § 8114.1.]
- § 8104. Definitions.
- § 8105. Exception.
- § 8106. Regular Meetings.
- § 8107. Notices.
- § 8107.1. Guam Public Notice Website - Creation, Establishment and Administration.
- § 8108. Special Meeting.
- § 8109. Adjournments.
- § 8110. Adjournment: Same.
- § 8111. Executive Sessions.
- § 8112. Disturbances.
- § 8113. Minutes.
- § 8113.1. Reporting Requirements for Boards and Commissions.
- § 8114. Action Voided.
- § 8114.1. Action Voided - Noncompliance.
- § 8115. Penalties and Court Jurisdiction.
- § 8116. Severability.
§ 8101. Citation.
This Chapter may be cited as the Open Government Law of Guam. SOURCE: GC § 3225 added by P.L. 13-035:1 (June 26, 1975) effective 45 days after enactment. A.G. OPINION 77-47: The Open Government Law applies to the elected school board.
§ 8102. Policy.
I Liheslatura declares it is the policy of Guam that the formation of public policy and decisions is public and shall not be conducted in secret. The people of Guam do not yield their individual rights to the public agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created. SOURCE: GC § 3226 added by P.L. 13-035:1 (June 26, 1975) effective 45 days after enactment. CROSS-REFERENCE: 12 GCA § 50118. 2025 NOTE: Reference to the ’ Legislature ’ replaced with I Liheslatura pursuant to 2 GCA § 1101. 2024 NOTE: Reference to ’ this Territory ’ replaced with ‘Guam’ pursuant to 1 GCA § 420.
§ 8103. Open Meetings.
(a) Every meeting of a public agency shall be open and public, and any person shall be permitted to attend any public agency meeting, except as otherwise provided in this Chapter. A member of the public shall not be required, as a condition to attendance at a meeting of a public agency, to register his name and other information, to complete a questionnaire or otherwise to fulfill any condition precedent to his attendance. (b) This Chapter does not require that a person who is admitted to a meeting of a public agency shall, because of his mere presence, be accorded an opportunity to participate in such a meeting. Each public agency retains the right to reserve areas for the public, and to exclude the public from any area necessary for the orderly conduct of its business. (c) Except for executive sessions and other meetings expressly authorized by public law to be closed, no board, commission or public officer of the government of Guam may prevent or deny the recording (audio and/or video) of any public meeting. (d) Except for executive sessions and other meetings expressly authorized by law to be closed, regular and special meetings of a public agency shall be broadcast via video live streaming applications as announced in the notice of meeting and on the agency’s we bsite. (e) All audio and/or video files, if applicable, of board and commission meetings or a link to said files shall be posted on the respective agency’s website. A link to the Office of Public Accountability’s website shall also be available on each agency’s websi te. The Office of Public Accountability shall post the audio and/or video files of all board and commission meetings or a link to said files on the OPA ‘s website. SOURCE: GC § 3227 added by P.L. 13-035:1 (June 26, 1975) effective 45 days after enactment. Amended by P.L. 31-052:1 (May 23, 2011). Subsection (d) added by P.L. 36-034:2 (June 11, 2021) effective 30 days after enactment. Subsection (e) added by P.L. 37-062:2 (Feb. 9, 2024).
§ 8103.1. Action Voided - Noncompliance.
[Renumbered to § 8114.1.] SOURCE: Added by P.L. 36-034:3 (June 11, 2021), renumbered to § 8114.1 pursuant to the authority of 1 GCA § 1606.
§ 8104. Definitions.
(a) ‘Public agency’ includes any board, commission or comparable unit of government, any of whose members are elected, appointed by I Maga’hågan/Maga’låhen Guåhan or appointed by I Liheslatura ; any non-profit corporation created by one (1) or more public agencies or I Liheslatura , and whose board of directors is appointed by such public agencies or by I Maga’hågan/Maga’låhen Guåhan or I Liheslatura , and which is formed to acquire, construct, reconstruct, maintain or operate any public work project, or any board, commission, committee or other body on which officers of a public agency serve in their official capacity as members and which is supported in whole or in part by funds provided by such agency, whether such board, commission, committee or other body is organized and operated by such local agency or by a private corporation. (1) Public agency also includes any advisory commission, advisory committee or advisory body of a public agency, created by law, resolution or any similar formal action of a public agency. (2) I Liheslatura is a public agency when it is holding a daily session but meetings of political caucuses composed of members of I Liheslatura are not required to be conducted in public. (3) A Committee of I Liheslatura is a public agency when it is holding a hearing but committee meetings other than hearings are not required to be conducted in public.
5 GCA GOVERNMENT OPERATIONS CH. 8 OPEN GOVERNMENT LAW
5 GCA GOVERNMENT OPERATIONS CH. 8 OPEN GOVERNMENT LAW
(b) ’ Public Notice, ’ as used in this Chapter, means a publication by newspaper of general circulation or by another eligible media platform, which is reasonably calculated to provide notice of the facts it announces to the public at large, and by electronic publication on the Guam Public Notice Website. (1) As used in this item, ‘newspaper of general circulation’ means a newspaper which has been licensed to do business on Guam for a minimum of five (5) years, has a minimum number of readers, subscribers, and/or website visitors equal to at least fifteen percent (15%) of the most recent population of Guam reported in the decennial census conducted by the U.S. federal government as demonstrated in an independently-verified analysis of its audience, is printed and distributed not less than once a week, at regular intervals, throughout Guam, which has a paid circulation and holds a valid second class mailing permit from the United States Post Office, and which contains news, articles of opinion, features, and other matters of current interest published for public dissemination. A newspaper licensed to do business on Guam, which publishes an edition electronically no less than once a week, also qualifies as a newspaper of general circulation for the purpose of this Section; provided, that the newspaper also meets the other requirements outlined in this Section. (2) As used in this item, ‘eligible media platform’ means any local media company, to include newspapers with electronic editions, news websites in addition to existing advances for printed newspapers, and television or radio stations that are licensed to do business on Guam, which contains news, articles of opinion, features, and other matters of current interest published for public dissemination, has been licensed to do business on Guam for a minimum of five (5) years, and has a minimum number of readers, subscribers, viewers, listeners, and/or website visitors equal to at least fifteen percent (15%) of the most recent population of Guam reported in the decennial census conducted by the U.S. federal government as demonstrated in an independently-verified analysis of its audience. A television channel, where the broadcast content is controlled or determined by the government of Guam, its branches, agencies, instrumentalities or public corporations, is also an eligible media platform; provided, that the channel is available in the basic tier of at least two (2) cable or internet-based television services (IPTV), except in the event Guam has fewer than two (2) telecommunications companies that offer such consumer television packages. Any radio or television station, or website must be a component of a company that is licensed to do business on Guam to be an eligible media platform. (3) Government entities that access cable channels shall also be required to broadcast public notices on that channel for that respective branch of government. (c) ’ Meeting ’ means the convening of a governing body of a public agency for which a quorum is required in order to make a decision or to deliberate toward a decision on any matter. Meeting does not include any on-site inspection of any project or program. (d) ’ Action taken ’ means a collective decision made by a majority of the members of a public agency, a collective commitment or promise by a majority of the members of a public agency to make a positive or a negative decision, or an actual vote by a majority of the members of a public agency when sitting as a body or entity, upon a motion, proposal, resolution or order. SOURCE: GC § 3228 added by P.L. 13-035:1 (June 26, 1975) effective 45 days after enactment; subsection (a)(5) added by P.L. 15-086:1 (Jan. 2, 1980). Subsection (a)(1) amended by P.L. 27-093:1 (June 25, 2004). Subitem (a)(5)(A) amended by P.L. 32-037:2 (June 7, 2013). Subitem (a)(5)(C) added by P.L. 32-037:3 (June 7, 2013). Amended by P.L. 38-003:1 (April 12, 2025). 2024 NOTE: Reference to ’ the territory of Guam ’ replaced with ‘Guam’ pursuant to 1 GCA § 420. The Compiler has added ‘no text’ to indicate a change in formatting only; the content of the provision has not been altered. 2012 NOTE: Pursuant to the authority granted by 1 GCA § 1606, numbers and/or letters were altered to adhere to the Compiler’s alpha -numeric scheme.
5 GCA GOVERNMENT OPERATIONS CH. 8 OPEN GOVERNMENT LAW
A.G. OPINION GHPDA 92-1244: Although the foregoing [subsection c] is merely a definition and not substantive law, it seems unlikely that the Legislature would allow circumvention of the Open Government Law by not addressing action taken by less than a majority. Therefore, it is our conclusion that the Legislature intended that action taken by boards be by a majority of the body.
§ 8105. Exception.
A chance meeting of two or more members of a public agency shall not be considered a public meeting. No chance meeting, informal assemblage or electronic communication shall be used to decide or deliberate public business in circumvention of the spirit or requirements of this Chapter. SOURCE: GC § 3229 added by P.L. 13-035:1 (June 26, 1975) effective 45 days after enactment.
§ 8106. Regular Meetings.
A public agency shall provide by appropriate administrative action rules to govern the conduct of its business. Such rules shall provide for the time for holding an agency’s regular meetings. If at any time a regular meeting falls on a holiday, such regular meeting shall be held on the next business day unless continued until some other publicly announced date by action of the agency. If, by reason of an emergency, it shall be unsafe to meet at the time designated, the meetings may be held for the duration of the emergency at such other time as is designated by the presiding officer of the public agency. SOURCE: GC § 3230 added by P.L. 13-035:1 (June 26, 1975) effective 45 days after enactment.
§ 8107. Notices:
(a) Notice of Regular Meetings. Any public agency which holds a meeting required by statute, regulation or resolution, shall give five (5) working days public notice, and a second public notice at least forty-eight (48) hours prior to the start of the meeting. The public agency must comply with the Title II of the Americans with Disabilities Act (ADA) requirements for effective communication for people with disabilities and include information in the notice that individuals requiring special accommodations, auxiliary aids or services shall contact and submit their request to the designated agency or department representative or ADA Coordinator. The public agency shall make available the name, office address and telephone number, including Telecommunications Device for the Deaf (TDD), of the designated ADA Coordinator. (b) Notice of Special Meetings. Any public agency which holds a meeting not previously scheduled by statute, regulation or resolution, or for which notice is not already provided by law, shall give five (5) working days public notice of such meeting, and a second notice at least forty-eight (48) hours, prior to the start of such meeting as required by this Chapter. The public agency must comply with the Title II of the ADA requirements for effective communication for people with disabilities and include information in the notice that individuals requiring special accommodations, auxiliary aids or services shall contact and submit their request to the designated agency or department representative or ADA Coordinator. The public agency shall make available the name, office address and telephone number, including TDD, of the designated ADA Coordinator. (c) The notice requirements of this Chapter are in addition to and not in substitution of any other notice required by law. (d) Notices must contain the agenda of matters to be discussed at the respective meeting. Agenda items must be in sufficient detail to put the public on notice as to what is to be discussed. SOURCE: GC § 3231 added by P.L. 13-035:1 (June 26, 1975) effective 45 days after enactment. Subsections (a) and (b) amended by P.L. 24-109:1 (Oct. 24, 1997). Subsection (d) added by P.L. 36-034:4 (June 11, 2021), effective 30 days after enactment.
5 GCA GOVERNMENT OPERATIONS CH. 8 OPEN GOVERNMENT LAW
A.G. OPINION 78-2: Public notice of any time, place and agenda of any special meeting must be given by delivery of such notice to the news media 24-hours before the beginning of the meeting. Emergencies are exempted from these requirements. A.G. OPINION DLM 93-1724: The public notice of the October 28 meeting, which showed an agenda item of a ’ status report ’ on a conditional use application for the Bubulao Golf Course Project adequate notice so as to allow approval of the application by the Territorial Land Use Commission at that meeting, was not adequate notice and therefore the action was void.
§ 8107.1. Guam Public Notice Website - Creation, Establishment and Administration.
(a) As used in this Section: (1) ’ W