Guam Sunshine Reform Act

Response Timeline

The statute provides a two-tier response framework: agencies must respond within 4 working days for standard requests (5 GCA § 10103(d)). In 'unusual circumstances,' an extension of up to 10 calendar days is permitted (§ 10103(e)). Unusual circumstances include: needing to search multiple locations, requests exceeding 10 separate records, requests exceeding 500 pages or approximately 250,000 words. If records are entirely non-disclosable, the agency must notify the requester within 4 working days citing applicable legal exemptions.

No residency requirement. Section 10103(a) provides that 'every person has a right to inspect and take a copy of any public document of Guam, except as otherwise expressly prohibited by law.'

How to Submit a Request

Accepted Methods

• Written — Written requests by mail to agency offices
• Email — Email requests accepted; Judiciary uses sunshine@guamcourts.gov
• Fax — Fax requests accepted (Judiciary: (671) 477-3184)
• In person — In-person requests and on-premises inspection available

Requests should include: name and address, description of desired information or documents, preferred delivery method (hard copy, email, or on-premises inspection), and contact telephone number. No formal form is required by statute. The Judiciary has a dedicated Sunshine Act portal.

Required Elements

• Requester name and address
• Description of desired information or documents
• Preferred delivery method (hard copy, email, or on-premises inspection)
• Contact telephone number

Optional Elements

• Preferred format for records

Fees

Copying fees are set by statute: $0.10 for the first page and $0.02 for each page thereafter. This applies to both the media and general public. The statute covers 'direct costs of duplication, or a statutory fee, if applicable.' Individual agencies (such as the Judiciary) may have additional fee schedules approved by their governing bodies.

Fee Waivers

• On-premises inspection of records has no copying fee
• Agencies may waive fees at their discretion

No statutory fee waiver categories. On-premises inspection avoids copying fees. Fee waivers beyond that are at agency discretion.

Exemptions

• Information related to national security or defense of the United States
• Personnel and medical records where disclosure would constitute a clearly unwarranted invasion of personal privacy
• Investigatory records compiled for law enforcement purposes where disclosure would interfere with enforcement proceedings
• Trade secrets and confidential commercial or financial information
• Communications protected by attorney-client privilege
• Inter-agency or intra-agency memoranda not available by law to a party in litigation (deliberative process)
• Records specifically exempted by other provisions of Guam law
• Records of financial institutions regulated by the Government of Guam

Exemptions are listed in 5 GCA § 10108. The act requires agencies to redact only exempt portions and release non-exempt portions of records (segregability requirement). If an entire record is non-disclosable, the agency must notify the requester within 4 working days and cite the applicable legal exemption.

Appeal Process

The primary enforcement mechanism is a civil action in the Superior Court of Guam. No administrative appeal process is mandated. If the court finds that a public official's refusal to disclose was not justified, the court shall order disclosure and impose penalties.

Request Templates

Records Retention

5 GCA Chapter 20, Article 6 (Section 20608 et seq.); 2 GAR Division 2, Chapter 10

View retention law →

No records of the Government of Guam may be alienated or destroyed except in accordance with the Records Management Act. The Records Management Committee oversees disposition, and the Department of Chamorro Affairs serves as custodian of historical archives.

Sources & References

• Full text of law →
• Primary source →
• RCFP Open Government Guide — Guam →
• NFOIC State FOI Resources →