Guam § 22702 - Property Survey.

§ 22702. Property Survey.

(a) There is within the government of Guam a Board of

Survey which shall be composed of five members appointed by

the Governor with the advice and consent of the Legislature. The

Board of Survey shall meet within fifteen days after preparation

of a listing of surplus and lost property. No member shall be an

employee of the government of Guam. No member shall receive

compensation for his services on the Board of Survey. No member

shall purchase or obtain surplus property upon its disposition. No

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entity, charitable or for profit, in which a member is actively

involved shall become eligible to purchase or obtain surplus

property upon its disposition. Three members of the Board shall

constitute a quorum and a majority of those present may take

action on behalf of the Board.

(b) On the second Monday of each Quarter, each department

administrator whose department has surplus or lost property shall

provide the Director of Administration with a list of all personal

property which has been disposed of in accordance with § 22703

of this Article, become unserviceable through wear and tear,

obsolescence or otherwise, or how been lost. On the third Monday

of each Quarter, the Director of Administration shall promulgate

a listing of all surplus and lost property and distribute it to each

department or agency within the government of Guam. Any

department or agency may request transfer of the surplus property

to it at no cost. The request for transfer shall indicate the intended

use for such property. The Guam Community College and the

Department of Vocational Rehabilitation may be requested to

repair property if the property can be restored to use at a

reasonable rate, provided, that no property shall be repaired or

restored if the cost exceeds 65% of the value of the property.

(c) The Board of Survey shall authorize the transfer of

property among agencies and departments of the government of

Guam. If costs of repair have been incurred, then the acquiring

agency shall pay such costs.

(d) If a department of agency proposed to use surplus

property as a trade-in, then the Board of Survey shall approve the

terms of the trade-in including the amount of the allowance.

(e) Property not disposed of by transfer or trade-in shall be

sold as follows:

(1) Property with an acquisition cost of less than $1,000

or with an acquisition cost of more than $1,000 with a fair

market value at the time of disposal of less than $500 maybe

sold at fixed prices as determined by the Board at a surplus

sale operated by the Department of Administration and open

to the public at specified dates and times.

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(2) Property with an acquisition cost of more than

$1,000 and with a fair market value at the time of disposal of

more than $500 shall be sold to the highest bidder at an

auction which has been advertised to the public more than 10

days in advance of such sale.

(3) All money received from such sale shall be deposited

in the General Fund.

(f) Property which has not been transferred, traded in or sold

after 60 days may be donated to a local charitable, social or civil

association on a first come first served basis, or disposed of in any

other way possible.

(g) If the property has been lost, then the Board of Survey

shall review the circumstances of the loss, determine if the loss

was due to the negligence of any employee and authorize the

removal of the property from official government records. If the

loss occurred because of the negligence of any employee, then the

Board shall refer the matter to the Attorney General to pursue

recovery of the loss.

(h) The provisions of this Section shall be applicable to the

Executive, Legislative, and Judicial Branches of the Government

unless the property is subject to disposal by Federal law.