T·R
← Search

5 GCA § 10103

Right of Inspection of Public Documents

Guam Code AnnotatedTitle 5 — Government Operations
View official PDF ↗

(a)Every person has the right to inspect and take a copy of any public document on Guam, except as otherwise expressly prohibited in law, and except as provided in § 10108 of this Chapter.

(b)Public records are open to inspection at all times during the office hours of the agency and every person has a right to inspect any public record, except as hereafter provided. Any segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law.

(c)Except with respect to public records exempt from disclosure by express provisions of the law, each agency, upon a request for a copy of records that reasonably describes an identifiable record or records, shall make the records promptly available to any person, upon payment of fees covering direct costs of duplication, or a statutory fee, if applicable. Upon request, an exact copy shall be provided, unless impracticable to do so.

(d)Each agency, upon a request for a copy of public records shall, within four

(4)working days from receipt of the request, comply with the request if the records requested are disclosable public records in the possession of the agency. If the records being requested partially contain information exempted from disclosure by this Chapter or by another law, the agency shall redact the exempt information only and release the non-exempt information in the records, citing the exemptions in law that require the information to be redacted. If the records in whole contain information not disclosable by this Chapter or another law, and contain no information that can be released, the agency shall notify the person requesting the records within four

(4)working days from receipt of the request, and cite the exemptions in law that prohibit disclosure of the records.

(e)In unusual circumstances, the time limit prescribed in this Section may be extended up to ten

(10)days, including COL5/8/2020 CH. 10 SUNSHINE REFORM ACT OF 1999 Saturdays, Sundays and legal holidays, by written notice by the director of the agency or the director’s designee to the person making the request, setting forth the reasons for the extension and the date on which a determination is expected to be dispatched. As used in this Section, unusual circumstances means:

(1)the need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request; or

(2)the need to search for, collect and appropriately examine more than ten

(10)separate and distinct records which are demanded in a single request, or records that in total, are contained in five hundred

(500)or more pages, or contain about two hundred fifty thousand (250,000) words, whichever is more.

§ The story of this section

  1. Enacted by P.L. 18-47 § 1 (bill & sponsor pending — earlier Legislature not yet ingested)
  2. Amended by P.L. 19-5 § 136 (bill & sponsor pending — earlier Legislature not yet ingested)
  3. Amended by P.L. 25-6 § 2 — introduced as Bill 53-25 · introduced by Mark Forbes

Interpreted by the courts:

  • 1999 Guam 29Guam Publications, Inc. dba Pacific Daily News vs. Guam Retirement Fund (1999) · per Benjamin J.F. Cruz, J.
  • 2000 Guam 1Guam Radio Services, Inc. d/b/a KOKU-FM Hit Radio 100 vs. Guam Economic Development Authority (2000) · per Peter C. Siguenza, J.
  • 2019 Guam 6Re The A.B. Won Pat International Airport Authority, Guam, Petitioner-Appellee (2019) · per F. Philip Carbullido, J.
  • 2024 Guam 11John Ryan, Petitioner-Appellee, v. Edward M. Birn, in his official and individual capacity as the Director of the Depart (2024) · per F. Philip Carbullido, J.

Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.