Guam § 4205 - Miscellaneous Prohibitions.

§ 4205. Miscellaneous Prohibitions.

(a) Preferences, conditions and prohibitions concerning employment in the Government shall conform

with the provisions of the Organic Act of Guam. No person shall be discriminated against in connection

with any of the processes provided for by this Chapter or in the rules adopted thereunder because of race,

color, political opinions or religious opinions or affiliations.

(b) Any person who uses or attempts to use political influence or promises any advantage in connection

with the selection or promotion of any employee in the classified services, solicits contributions for political

purposes or solicits during office hours or at any time makes demands upon employees in the classified

services for such contribution shall be guilty of a petty misdemeanor.

(c) Any person who willfully makes a false or misleading statement in order to secure employment,

advancement or other benefits under this Chapter or under the rules adopted thereunder shall be guilty of a

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petty misdemeanor and, in addition, shall forfeit the position, employment, benefit or advancement sought

through the false or misleading statement or statements.

(d) No person who advocates, or who aids or belongs to any party, organization or association which

advocates the overthrow by force or violence of the government of Guam or of the United States shall be

qualified to hold a Government position.

(e) No officer or employee of the Government shall conduct or engage in any business or trade outside

the government service without the prior approval of his department head as provided in § 4105 of this

Chapter. In addition to the limitations contained in § 4105(d) of this Chapter:

(1) No approval shall be granted if such business or trade may be prejudicial to the best interests

of the people or if there may be a conflict of interest between the officer’s or employee’s government

position and the outside trade or business;

(2) Every officer or employee who has a direct or indirect interest in any firm, partnership,

business or corporation which contracts with the Government, at the time of submission of bids or

commencement of negotiations as the case may be, shall file a statement under oath with the Director

of Administration for Executive Branch employees, and the Court Administrator for Judiciary

employees describing such interest. Any such statement shall also be given to the department head of

such employee and shall also be a public record for all purposes.

As used in this Section, “interest” includes ownership of not less than five percent (5%) of the firm,

corporation or partnership or the employee having a position with the said firm, corporation or

partnership equivalent to that of officer, manager or other decision-making position.

(f) Failure by an officer or employee to comply with any of the provisions of Subsection (e) of this

Section shall be grounds for dismissal from government service and the Director of Administration or Court

Administrator, as the case may be, shall order the compensation stopped of any officer or employee found

to be in violation.

(g) Any contract entered into involving a violation of Subsection (e) of this Section may be declared

null and void at the discretion of the Government.

(h) No contract may be entered into whereby any officer or employee shall have any administrative,

supervisory or directory power over the execution thereof if such officer or employee has any direct or

indirect interest in the contractor or in the contract. All contracts entered into in violation of this Subsection

are void.