Opinions
The Office of the Attorney General acts as the Government of Guam’s legal counsel. As part of that role, the OAG issues Opinions and Memoranda on legal issues.
Opinions
Legal Memoranda
REF: LEG 24-0405 – RE: Legal Opinion – Use of Legislative Funds for Litigation Defense
REF: DOA 24-0330 – RE: Legal Opinion – Multiyear Contract with Third Party Administrator – Negotiation Team Questions
REF: DOA 24-0330 – RE: Legal Opinion – Multiyear Contract with Third Party Administrator
REF: GEDA 24-0364 – RE: Legal Opinion – Revenue Refunding Bonds, 2024 Series A
REF: GOV 24-0100 – RE: Legal Opinion – Self-Determination Plebiscite, 1GCA § 2110
REF: DPR 24-0088 – RE: Legal Opinion – Operation of the Public Services Recreation Fund
REF: LEG 24-0020 – RE: Legal Opinion – Guam Visitors Bureau Board of Directors Public Official Disclosures; Criminal Prosecution Non Compliance Review
REF: GALC 23-0160 – RE: Legal Opinion – Opinion on the Jurisdiction and Processes of the Guam Ancestral Lands Commission
REF: AGR 23-0357 – RE: Legal Opinion – Governing Law and Related Rules and Regulations Pertaining to the Farmers Crop Loss Compensation Program
REF: AG 23-0369 – RE: Legal Opinion – Business License for Interface, Inc., dba Sportsland; Outdoor Firing Range on Lot No. 10095-8, Dededo
REF: LEG 23-0239 – RE: Legal Opinion – Increments Paid to GovGuam Employees After Reinstatement
REF: LEG 23-0237 – RE: Legal Opinion – Port Authority – AG Signature Requirement
REF: DPHSS 23-0191 – RE: Legal Opinion – Effective Date of Sanitary Permit
REF: AG 23-0335 – RE: Legal Opinion, Bill No. 62-37; Education & Charter Schools; “Every Child is Entitled to an Adequate Public Education Act”
REF: DOA 23-0307 – RE: Request for Legal Opinion from the GovGuam Health Care Negotiating Team re. Extension of Medicare Benefits to rehired retirees
REF: LEG 23-0081 – RE: Legal Opinion Regarding – Effect of Alleged Open Government Law Violation on Acts of the 36th Guam Legislature
REF: GVB 23-0126 – RE: Legal Opinion Regarding – Guam Visitors Bureau
REF: GOV 23-0124 – RE: Legal Opinion Regarding – Review of Lease Between the USA & GovGuam, DLM for Hospital & Medical Campus
REF: GVB 23-0045 – RE: Legal Opinion Regarding – Guam Visitors Bureau
REF: LEG 22-0324 – RE: Legal Opinion Regarding Public Law 20-134 and Dobbs v. Jackson Women’s Health Organization
REF: OPA 20-0375 – RE: Legal Opinion Regarding Pay Raises Granted to Former and Current GHURA Executive Directors and Deputy Directors
REF: LEG 20-0350 – RE:Request for Legal Opinion Regarding Canceling the 2020 Primary Election.
REF: LEG 20-0156 – RE: Request for Opinion on Applicability of Double Pay Provision in DOA Personnel Rules and Regulations Rule 8.406 to COVID-19 Public Health Emergency.
REF: LEG 20-0016 – RE: (1) Authority of Yona Mayor to appoint Municipal Planning Council while detained pending trial; (2) Grounds for vacancy in Office of the Mayor
REF: LEG 20-0036 – RE: Legislative Authority to Determine the Manner of Filling Vacancies in Municipal Offices of Mayor and Vice-Mayor
DPHSS 19-0317 – RE: Enforceability of Prohibitions on Patient Testimonials
“GOV 18-0675” Re: Organicity of the Legislatively Imposed Prohibition on Hiring Deputy Directors and other Unclassified Employees of the Executive Branch in P.L. 34-116 (the General Appropriations Act of 2019)
“DOA 18-0692” Re: Organicity of Freeze on Salary Increments and Merit Bonuses in Public Law 34-116, the General Appropriations Act of 2019
“DOA 18-0692” Re: Organicity of Freeze on Promotions in Public Law 34-116, the General Appropriations Act of 2019
“DRT 18-0545” Re: Effective Date of Real Property Tax Levy in Public Law 34-116, the General Appropriations Act of 2019
“LEG 18-0554” Re: Implementation of Additional Real Property Tax Levy Pursuant to PL 34-116
“LEG 18-0347” Re: Validity of Guam Academy Charter Schools Council Approval of Guahan Academy Charter School Charter Renewal Application
“DPHSS 18-0322” Re: Request for Legal Opinion Regarding Political Activities at Government of Guam Sponsored Events
“LEG 18-0291” Re: Legal Opinion on Constitutionality of Bill No. 232-34 (LS), “The Unborn Child Protection Act of 2018”
“LEG 18-0226” Re: Lot 5382 and Tract 9, Barrigada Heights Chamorro Land Trust Commission
“AGR 18-0062” Re: Constitutionality and Legality of Department of Agriculture S.O.P. 14.5 – Use or Carry of Firearms and Force Impact Weapons
“GOV 18-0089” Re: The Governor’s Authority To Call a Special Session According to The Organic Act.
“GOV 18-0085” Re: Executive Order No. 2018-03 Relative to Implementing a 32-Hour Work Week for All Executive Branch Agencies Funded or Partially Funded by the General Fund (Ref. No. GOV 18-0085).
“LEG 18-0021” Re: Legal Opinion Regarding the Application of 3 GCA §16311 which Requires a Voter Referendum Before Increases in Taxes May Be Established, to Bill 230-34 (LS) which would Repeal Tax Exemptions for Qualifying Insurance, Wholesale, and Banking Companies.
“LEG 17-0736” Re: Legal Opinion Regarding the Application of 3 GCA §16311 which Requires a Referendum on Tax Increases to Proposed Amendments to Realty Conveyance Tax Located at 11 GCA §20101; and to 3 GCA §16312 which Requires a Similar Referendum Before Certain Fees May Be Established.
“LEG 17-0094” Re: Opinion relating to Executive Order 2017-02 and transfer of the Chamorro Villiage (I Sengsong Chamorro) from the Department of Chamorro Affairs to Guam Economic Development Authority
“GSWA 17-0609” Re: Guam Solid Waste Authority (GSWA) Board Request for Opinion Regarding Contract with PHRS for Transition of Non-Government Employees
“GBAHE DPHSS 17-0531” Re: Request for Legal Opinion Regarding Whether Guam Law Authorizes “Tele-Practice” of Professions Licensed by the Guam Board of Allied Health Examiners.
“LEG 17-0547” Re: Opinion Request Relative to Random Drug Testing for All Government Employees
“GCEC 17-0556” Re: Request for Legal Advice Regarding Procedures that Must Be Observed When Considering Suspending or Revoking a Professional Educator’s Teaching Certificate
“GEDA 16-0429” Re: Government of Guam Limited Obligation (Section 30) Bonds Series 2016a
“DOA 16-0388” Re: Compensation of Individuals Prior to Meeting Pre-Employment Requirements
“GEDA 15-0854” Re: Guam Education Financing Foundation Refunding Certificates of Participation (Guam Public Schools Facilities Project) Series 2016A and Series 2016B Evidencing and Representing the Proportionate Interest of the Registered Owners thereof in Base Rental Payments to be made by the Department of Education, Government of Guam
“DOA 16-0327” Re: Application of Certification Pay Pursuant to Public Law 33-18
“GOV 16-0106” Re: Payment of Settlements of Government Claims
“GVB 15-0666” Re: Civil Service Commission Post Audit Authority and Guam Visitors Bureau
“DOC 16-0015” Re: Hazardous Pay for Guam Memorial Hospital Emplyees Working at DOC Clinic
“DRT 15-0769” Re: Permissible First Amendment Activities Immediately Outside the Department of Revenue & Taxation Building
“GEDA 15-0475” Ref: Government of Guam Business Privilege Tax Refunding Bonds, Series 2015D
“PAG 17-0174” Ref: $10 Million Loan to Port Authority
“GEDA 14-1056” Ref: Amended and Restated Lease Purchase Agreement by and between Core Tech International Corporation and Government of Guam
“LEG 13-0472 & LEG 13-0679” Re: Legislation Relative to Term Limits and Staggered Elections for Senators of I Liheslaturan Guåhan
“GEPA 13-0622” Re: Public Law 30-184; Mobil Oil Guam’s Request for Clarification in re: Transshipping Automotive Diesel Oil through Guam
“LEG 13-0575” Re: Quorum Requirements for the Alcohol Beverage Control Board
“AG 13-0587” Re: Organicity, Constitutionality, and Interpretation of Amendments to 5CA § 30113, P.L. 31-077:XII:39 (Sept.20,2011)
“GEDA 13-0017” Re: Government of Guam Business Privilege Tax Bonds, Series 2013C
“LEG 13-0193” Re: Request Regarding Appointments to the Port Authority of Guam Board of Directors
“AG 12- 0014” Re: Organicity of Legislatively Imposed Hiring Freeze and Other Conditions on Executive Management Decisions in P.L. 31-77 (Sept. 20, 2011)
“DOA 11-0397” Re: Legality of Section 2 of P.L. 30-227; Legislative Final Approval of Group Health Care Contract
“GEDA 11-0974” Re: Government of Guam Business Privilege Tax Bonds, Series 2011A
“GEDA 10-0758” Re: Series 2010A Certificates of Participation (John F. Kennedy High School Project) Evidencing and Representing the Proportionate Interests of the Registered Owners thereof in Base Rental payments to be made by the Department of Education, Government of Guam (09-16-2010)
“GEDA 11-0601” Re: State Small Business Credit Initiative Allocation Agreement
“GEDA 10-0758” Re: Series 2010A Certificates of Participation (John F. Kennedy High School Project) Evidencing and Representing the Proportionate Interests of the Registered Owners thereof in Base Rental payments to be made by the Department of Education, Government of Guam (09-02-2010)
“LEG 11-0199” Re: Organicity of P.L. 30-190 Relating to Appointment to the Board of Trustees of the Guam Memorial Hospital Authority
“AG 09 – 0170” Re: Organicity I Kumision Guahan Fine’nana (Guam First Commission); P.L. 29-128, codified at 1 GCA § 2401 et seq.
“AG 10-0625” Re: Guam Power Authority, Revenue Bonds, 2010 Series A, and; Guam Power Authority Subordinate Revenue Bonds, 2010 Series A
“GWA 10-0478” Re: $30 Million Loan to Guam Waterworks Authority; Guaranteed by the Government of Guam
“LEG 09-1191 & 09-1211” Re: Senator Matt Rector
“DOC 09-0808” Re: Prisoner Participation in Work Release and Educational Programs
“GEDA_09-0919” Re: Guam Industrial Services Inc. – Qualifying Certificate
“LEG 09-0892” Re: Pay Increase for public safety and law enforcement officers
“GEDA 09-0534” Re: Subordination Agreement with the Bank of Guam, Pledge of Section 30 Revenues
“GEDA 09-0505” Re: Government of Guam General Obligation Bonds 2009 Series A. Local:5 GCA §1512.1’
“GEDA 09-0504” Re: Government of Guam Limited Obligation (Section 30) Bonds Series 2009 A. Local: 10 GCA, Article 8 Ch.51;
“GEDCA 08-1117” Re: Government of Guam $20,000,000.00 term loan
“AG 07-0241” Re: Bingo
“GOV 08-0218” Response to Request for Opinion dated 03/07/08 (legitimacy of several legislative bills
“DRT 08-0013” P.L. 28-20 Educator Appreciation Act of 2005 – Tax Rebates
“DOA 08-0382” Re: Assignment by GovGuam $10,000,000.00 Teleguam Holdings, LLC Note Payable to GovGuam, and guaranty of the GovGuam
“AG 08-0583” Re: Whether the Government’s Consolidated Banking Services are Subject to the Guam Procurement Law
“UOG 08-0635” Re: Certification of University as Public Institution
“DPHSS 07-0310” Re: Religious Exemption for School Immunizations
“CSC 07-0776” Re: Salary of Government Employee Serving as Acting Director
“GPSS 08-0717” Re: Authority of Guam Offices and Officials Relative to Management and Administration of USDOE – Funded Programs
“AG 08-0891” Re: Impact of Pledge of Section 30 Assets on Debt Ceiling
“GPSS 08-0496” Re: Whether GPSS Teachers are Entitled to Additional Pay for “Make-Up” of Instructional Days Outside of School Calendar
“PAG 06-1259” Re: Port Financing
“DPHSS 07-0116” Re: Authority of the Governor to Remove Board Member without cause
“BBMR 07-0130” Re: FY 2007 Statutory Rate of Government’s Retirement Contribution
“LEG 07-0168” Re: Teaching position, academic or workshop, by a Judge, Justice, Elected or Appointed Official at UOG or GCC
“CSC 05-0980” Re: Whether Reorganization of the Merit System Conforms to Organic Act
“CSC 07-0189 “ Re: Retention by CSC over GMH Employees
“LEG 07-0473 “ Re: Requirement for Voter Approval of Some Fees Changed in Public Law 29-02
“LEG 07-0818” Re: Section 11 of Organic Act
“DOA 07-0341” Re: Re-issuing Checks
“GEPA 07-0582” Re: Changing Policies, Fees by GEPA Board
“DOA 07-0868” Re: Income Taxation of COLA Certificates; COLA Payments and Interest
“DRT 15-0630” Re: Request for Legal Guidance regarding the use of liens on abandoned vehicles and the process of taking legal possession
“DRT 15-0297” Re: Office of Public Accountability (Public Auditor) Access to Taxpayer Information
“LEG 14-0413” Re: Applicability of Open Government (Sunshine) Law to Subcommittees
“LEG 14-0315” Re: Viability of Legal Action to Compel Federal Compliance of Deportation Laws Against Criminals from the Freely Associated States Detained in Guam
“CQA 14-0648” Re: Photo-Copying / Duplicating Arriving Air Passengers’ Documents at the Antonio B. Won Pat International Air Terminal
“LEG 13-0952” Re: Payment of Merit Bonuses
“GEPA 13-0622” Public Law 30-184; Mobil Oil Guam’s Request for Clarification In re:trasshipping automotive diesel oil through Guam
“DRT 11-0408” Re: No Statutory Authority to Outsource Assessment and Collection of Business Privilege Tax
“AG 13-0580” Re: Qualifications of Persons Licensed to Practice Clinical Psychology Prior to the Effective Date of Public Law 24-329
“LEG 13-0230” Re: Bill No. 20-32 (COR) as Substituted by the Committee on Health and Human Services, Health Insurance Reform, Economic Development, and Senior Citizens; “The GMHA Healthcare Trust and Development Act of 2013”
“DRT 09-007” Re: The Vehicle Transfer Tax and Use of ITINS for Driver’s Licenses
“AG 12-0850” Re: Guam Housing and Urban Renewal Authority Procurement
“DOE 12-0622” Re: Application of Robert’s Rules of Order to Guam Education Board Actions
“LEG 11-1218” Re: Frozen Salary Step Increases for Government Employees
“AG 11-1169” Re: Leave Sharing Program Rules and Regulations Contrary to Law
“DRT 10-0001” Re: License Fee on Federal Credit Union’s ATM
“DRT 10-0001” Re: License Fee on Federal Credit Union’s ATM
“OPA 10-0749” Re: Leave Sharing Program – Guam Fire Department Employees
“DRT 11-0081” Re: GRT Exemption for Base Operations Services (BOS) Subcontractor
“DPW 10-1066” Re: Publication and Notice Requirements for Small Purchases of Construction
“GPD 10-0794” Re: Effect of a Pardon and Licensing of Gun
“DPHSS 10-1018” Re: Contractor’s Minimum Wage Requirements – Exempt Employees
“CSC 10-1120” Re: Request for Opinion on Public Law 30-196 and Governor’s Executive Orders 2010-24 and 25 Re: Hay Study Recommendations
“GSA 10-0335” Re: Procurement and Disposal Authority of the the Guam Power Authority
“LEG 10-0663” Re: GBAHE Inquiry
“GOV 10-0607” Re: Validity of Collective Bargaining Agrrements
“AG 10-0647” Re: Designation & Employment Status of John Weisenberger, Attorney General
“DOA 10-0612 “ Re: Re-Employment of Former Chief of Police Paul R. Suba
“DPW 10-0564 “ Re: Appointment and Office of the State Historic Preservation Officer Pursuant to 21 G.C.A. .Section 77302
“DRT 10-0507” Re: Non-renewal of Massage Parlors Business Licenses
“DOE 10-0087” Re: Chairperson’s Term Limits
“DOA 09-1257” Re: Hazardous Duty Pay for Chief of Police
“AG 09-1053” Re: Coast Guard and Conditions of Readiness
“AG 09-1022” Re: COLA Interest Calculation
“DRT 09-0007” Re: The Vehicle Transfer Tax and Use of ITINS for Driver’s Licenses
“DOA 09-0613” Re: P.L. 29-18 – Use of COLA Certificates to pay taxes
“DPW 08-0984” Re: Request for guidance-closure of Mamis Street, municipality of Mangilao
“DOA 07-0401” Re: E.O. 2006-16
“DOA 08-0830” Re: Jurisdiction to investigate complaint re: Protection of Public Employees Act
“DOA 08-0053” Re: University of Guam Board of Regent’s authority to adjust salary of non-academic personnel
“DOA 07-0780” Re: Employment status of OPA employees
“DOA 08-0606” Re: Extent of definition of “common law”
“DOA 04-1065 (revised)” Re: Life insurance payments for active duty employees on LWOP
“DOC 07-0267” Re: Responsibility for medical costs incurred by detainees
“GPSS 08-0957” Re: Legality of Rider in FY 2009 Budget Act
“GPSS 08-0705” Re: Repeal and Re-enactment of 17 GCA §3125
“DPHSS 08-0660” Re: Quarantine of Persons Suffering from Infectious Diseases
“DOA 08-0667” Re: Paternity Leave for Firefighters
“LEG 08-0500” Re: Off-set of rebate checks
“DOC 07-1169” Re: Work Release for Inmates Convicted of Criminal Sexual Conduct
“LEG 08-0632” Re: Guma Trankilida
“DRT 07-0229 (Supplement to DRT 05-0393)” Re: Real Property Tax Assessment & Adjustment Issues
“DOA 07-0925” Re: Whether the New Leave Sharing Policy Created by PL 29-19 is Legal
“DOA 07-0198” Re: Compliance with PL 29-98; Government Employees and the Sex Offender Registry
“DOA 04-1066 and DOA 06-0704” Re: Double Life Insurance – Membership in DB and DC Retirement Plans
“CQA 08-0415” Re: Retirement Credit for Military Service
“LEG 08-0851” Re: Guam Public School System; Tort Liability
“DOC 08-0602” Re: Parole of Inmate Convicted in 1975
“GEDCA 08-0583” Re: GEDCA 08-0583
“AG 08-0583” Re: Whether Governor may Pledge Section 30 Funds for Payment of Streetlight Arrearage Loan
“DPW 08-0555” Re: Ownership of Land in Condemnation Proceedings
“GSA 07-1084” Re: Legality of Purchasing through Federal GSA Contracts
“GPSS 08-0496 (Supplemental)” Re: Clarification on Application of Leave for Make-Up Days
“GPSS 08-0496” Re: Whether GPSS Teachers are Entitled to Additional Pay for “Make-Up” of Instructional Days Outside of School Calendar
“LEG 08-0210” Re: P.L. 29-52; your letter of February 29, 2008
“GOV 08-0218” Re: Response to Request for Opinion dated March 7, 2008
“DPHSS 07-0885” Re: Proper Procedures for Registering Births
“DOC 08-0028” Re: Questions and Concerns of January 2, 2008 Meeting
“LEG 07-0356” Re: TG Engineers, PC Contract with Department of Public Works for Design of Layon Landfill (Project No. DPW-SW-2004(003))
“DPW 07-0742” Re: Certificate of Authorization
“DOA 07-0788” Re: Payments to Petitioners in Rios, et al. v. Camacho, et al., Superior Court No. SP206-93
“GOV 07-0522” Re: Interpretation of 1 GCA §1000(b) Regarding Holidays Falling on Fridays or Mondays
“LEG 07-0397” Re: Layon/Dandan Landfill
“DOA 07-0377” Re: Furloughs and Layoffs under Public Law 29-02:IV:48
“DOA 07-0327” Re: Creditor Promissory Notes for COLA Class Members
