Guam § 22401 - Illegal Expenditures.

§ 22401. Illegal Expenditures.

(a) No officer or employee of the government of Guam,

including the Governor of Guam, shall:

(1) Make or authorize any expenditure from, or create

or authorize any obligation under, any appropriation or fund

in excess of the amount available therein, or for other than an

authorized purpose;

(2) Commence, continue, or proceed with any

operational activity, construction, improvement, contract, or

obligation without an appropriation or fund for the payment

thereof; or after any such appropriation or fund is exhausted;

(3) Involve the government of Guam in any contract or

other obligation, for the payment of money for any purpose,

in advance of the appropriation made for such purpose;

(4) Employ personnel or accept voluntary service except

as authorized by law;

(5) Involve the government of Guam in any contract, or

other obligation for the payment of money in support of, or

against the enactment of any measure pending before the

Legislature. Nothing in this paragraph shall be deemed to

preclude the presentation of testimony before any committee

of the Legislature by authorized representatives of the

various departments, agencies, commissions, boards, or other

political subdivisions of the government of Guam in support

of, or against, the enactment of any measure pending before

the Legislature;

(6) (A) As used in this Section, the term appropriation

means the funds allocated by the Legislature which

directs how the amount, manner and purpose of the

funds are to be used.

(B) The amount available in any appropriation

shall be deemed to mean the original amount of an

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appropriation from which any expenditure, contract, or

obligation is intended to be paid, less amounts

previously paid from such appropriations, less amounts

that must be paid from such appropriations for the

period of the appropriation to satisfy obligations of

government under contracts actually made and to be

satisfied from such appropriation.

(b) Nothing in subsection (a) hereof shall preclude the

employment of personnel on a contract basis for a period beyond

the current annual appropriation, or the employment of personnel

in cases of emergency involving the safety of human life or the

protection of property.

(c) Any officer or employee of the government of Guam who

shall violate subsection (a) hereof shall be subjected to appropriate

disciplinary action by the branch of the government concerned,

including removal where warranted, and any officer or employee

of the government of Guam who shall knowingly and willfully

violate subsection (a) hereof shall be guilty of a misdemeanor.

(d) As used herein, government of Guam includes all three

branches, Executive, Legislative, and Judicial; officer includes,

but is not limited to, directors and agency heads, judges, and

members and attaches of the Legislature.

(e) Any violation of this Section by an officer or employee of

the Executive Branch shall be reported at once to the Governor by

the head of the department or agency concerned, and the Governor

shall furnish a report thereon, including the action taken, to the

Legislature.