Limitation on Right of Inspection

Except as provided in § 10109 of this Chapter, nothing in this Chapter shall be construed to require disclosure of records that are any of the following:

(a)Records pertaining to pending litigation to which the agency is a party, until the pending litigation has been finally adjudicated or otherwise settled.

(b)Records of complaints to, or investigations conducted by, or records of intelligence information, or security procedures or information, of an agency or its personnel. COL5/8/2020 CH. 10 SUNSHINE REFORM ACT OF 1999

(c)Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy. All information regarding salary, and the name, and worksite mailing address of each employee and public official shall be public record.

(d)Information required from any taxpayer in connection with the collection of taxes that is received in confidence and the disclosure of the information to other persons would result in unfair competitive disadvantage to the person supplying the information, except that total amounts of money owed to or owed by a person, and penalties levied against and owed by a person, shall be public information and not exempt from disclosure.

(e)Library circulation records kept for the purpose of identifying the borrower of items available in libraries, and library and museum materials made or acquired and presented solely for reference or exhibition purposes. The exemption in this Subsection shall not apply to the records of fines imposed on the borrowers.

(f)Applications filed with any agency responsible for the regulation or supervision of the issuance of securities or of financial institutions, including, but not limited to, banks, savings and loan associations, credit unions and insurance companies. The exemption in this Subsection shall not apply to the records of loans or securities issued by an agency, the amount of money or credit issued to a person, information about the purpose and reasons for loans or securities issued by the agency, or identifying information about the person receiving the money or credit, including name, date of birth, occupation and place of residence.

(g)Test questions, scoring keys and other examination data used to administer a licensing examination, examination for employment, or academic examination. The exemption in this Subsection shall not apply to cumulative test scores on academic tests administered by the Department of Education, but shall apply to individual students’ test scores. COL5/8/2020 CH. 10 SUNSHINE REFORM ACT OF 1999

(h)The home address and telephone number of any person whose occupation is subject to regulation or licensure by the government of Guam, or of any public official or government employee, or of any member of a government board, commission, or council, unless such person gives express permission to disclose such information.

(i)All existing privileges or confidential records or other information expressly protected under the law shall not be abrogated by this Act.

(j)Records specifically pertaining to security procedures, passwords, combinations, access codes, electronic or computer user I.D.s, policies or procedures on security.

(k)For the Department of Education information which personally identifies participants in the School Breakfast/Lunch Program, or their parents, guardians or caretakers.

(l)For the University of Guam:

(1)all applicant records regarding admission, financial aid and/or scholarships, except that the names and majors/areas of concentration of Financial Aid recipients funded directly or indirectly, through repayments by prior recipients, by a fund of the government of Guam, including the University of Guam’s Student Financial Assistance Program Fund shall be public information and not covered as private writings;

(2)closed archives of the RFT Micronesian Area Research Center, as per agreement with donor; and

(3)anonymity agreements regarding financial donations and other contributions made to the University only to the extent needed to protect the identity of the donor.

(m)For the Guam Police Department: COL5/8/2020 CH. 10 SUNSHINE REFORM ACT OF 1999

(1)vice funds disbursement records;

(2)disapproved firearm permit applications; and

(3)investigation techniques, which if exposed, would threaten the safety of law enforcement officials and/or threaten the integrity of an investigation.

(n)For the Guam Police Department: investigatory records compiled for law enforcement purposes, but only to the extent that the production of such records would:

(1)interfere with enforcement proceedings;

(2)deprive a person of a right to a fair trial or an impartial adjudication;

(3)constitute an unwarranted invasion of personal privacy;

(4)disclose the identity of a confidential source and, in the case of a record compiled in the course of a criminal investigation, confidential information furnished only by the confidential source;

(5)disclose procedures; or investigative techniques and

(6)endanger the life or physical safety of law enforcement personnel.

(o)for the Department of Corrections’ Internal Affairs Unit, the radio logs and tapes.

(p)For the Supreme and Superior Courts of Guam:

(1)draft/working copies of bench notes, memoranda and opinions generated by the law clerks, research attorneys, judges and justices of the courts; and

(2)notes of the legal impressions of law clerks, attorneys, judges and justices of cases before the courts, whether pending or already resolved.

(q)Draft documents of an Agency. COL5/8/2020 CH. 10 SUNSHINE REFORM ACT OF 1999

(r)All records of the Department of Education, the University of Guam, the Guam Public Library, the Guam Educational Telecommunications Corporation (“KGTF”) and the Guam Community College that are exempted from public disclosure under the provisions of Article 1 of Chapter 10 of Title 5 of the Guam Code Annotated, as repealed and reenacted by Public Law Number 25-06, shall remain as private writings.