Guam § 5485 - Complaints that Procurement Data was Withheld.

§ 5485. Complaints that Procurement Data was Withheld.

(a) On complaint by any member of the public, the Superior Court has jurisdiction to enjoin a

governmental body from withholding procurement data and to order the production of any government data

improperly withheld from the complainant. In such a case, the court shall determine the matter de novo,

and may examine the contents of such procurement data in camera to determine whether such records or

any part thereof shall be withheld under any of the exceptions set forth in 6 GCA § 4202 and the burden is

on the agency to sustain its action.

(b) Notwithstanding any other provision of law, the government or a governmental body shall serve

an answer or otherwise plead to any complaint made under this Section within thirty (3) days after service

of the pleading in which such complaint is made, unless the court otherwise directs, for good cause shown.

(c) Except as to cases the court considers of greater importance, proceedings as authorized by this

Section, and appeals therefrom, take precedence on the docket over all cases and shall be assigned for

hearing and trial or for argument at the earliest practicable date and expedited in every way.

(d) The court may assess against the government or governmental body reasonable attorney fees and

other litigation costs reasonably incurred in any case under this Section in which the complainant has

substantially prevailed.

(e) Whenever the court orders the production of any procurement data improperly withheld from the

complainant and assesses against the government or governmental body reasonable attorney fees and other

litigation costs, and the court additionally issues a written finding that the circumstances surrounding the

withholding raise questions whether government personnel acted arbitrarily or capriciously with respect to

the withholding, apart from such other actions as the Court may take, the Civil Service Commission shall

promptly initiate a proceeding to determine whether disciplinary action is warranted against the officer or

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employee who was primarily responsible for the withholding. The Commission, after investigation and

consideration of the evidence submitted, shall submit its findings to the administrative authority of the

agency concerned and shall send copies of the findings and recommendations to the officer of employee or

his representative. The administrative authority shall take the corrective action that the Commission

recommends. No right or power granted to the Civil Service Commission shall bar or preclude the Court

from issuing such orders, imposing such sanctions or providing such remedy or relief as it deems proper.

(f) In the event of noncompliance with the order of the Court, the Superior Court may punish for

contempt, the responsible employees or officer.