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. 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.