HAGÅTÑA (The Guam Daily Post) — Gov. Lou Leon Guerrero has vetoed Bill 30-37, the measure that would prohibit employment in the government of Guam for individuals convicted of official misconduct.
The governor stated she was concerned the bill may be misinterpreted to apply retroactively.
“Instead of simply prohibiting employment of individuals convicted of official misconduct after the bill’s enactment, it may be misinterpreted or misapplied to apply retroactively to current government employees who were convicted of official misconduct in the past. Some of the current government employees who may be impacted by such misinterpretation are classified employees, who enjoy certain protections under Guam law, and, ultimately, the Organic Act of Guam,” Leon Guerrero stated in her veto message.
Classified employees of GovGuam, once vested, have a property interest in their employment, cannot be dismissed except for cause and must be afforded due process, the governor added.
“While I understand this bill was passed with the intent of holding those who have committed official misconduct accountable and preventing them from committing any future misconduct within the government, however, because of the important rights implicated in this bill, it is necessary to employ more precise language to clarify the prospective application of the bill, to ensure enforcement of the bill does not run afoul of the Organic Act protections afforded to current government employees, especially classified employees,” Leon Guerrero stated, adding that the bill’s enactment may lead to constitutional violations that could result in extensive litigation at the expense of taxpayers and individual employees.
However, although the governor said she is compelled to veto the bill “to protect against potential misinterpretation and misapplication,” she also said she looks forward to working with the Legislature to draft legislation that removes the ambiguity in the current language and advances the Legislature’s goal of “refining restrictions against prospective employment” for those convicted of official misconduct.
Although the governor vetoed Bill 30, six other measures did become law.
They include:
• Bill 104-37, now P.L. 37-60, which is related to the disposal of junk vehicles.
• Bill 121-37, now P.L. 37-61, which authorizes the Port Authority of Guam to enter into a 30-year lease agreement with the Marianas Yacht Club.
• Bill 166-37, now P.L. 37-62, which requires board and commission audio files to be posted on agency websites.
• Bill 169-37, now P.L. 37-63, which is related to the publication of financial information by nonprofit organizations.
• Bill 182-37, now P.L. 37-64, which establishes the Ordot Dump Reserve Fund.
• Bill 188-37, now P.L. 37-65, which authorizes the Guam Police Department to use unexpended funds for the purpose of procuring audiovisual recording equipment to be used during GPD interviews.
Lou Leon Guerrero
