Guam § 5632 - Restrictions on Employment of Present and Former Employees.

§ 5632. Restrictions on Employment of Present and Former Employees.

(a) Contemporaneous Employment Prohibited. Except as may be permitted by regulations pursuant to

this Chapter or pursuant to Title 4 GCA, or rulings of the Civil Service Commission pursuant to this

Chapter, it shall be a breach of ethical standards for any employee who is participating directly or indirectly

in the procurement process to become or be, while such an employee, the employee of any person

contracting with the governmental body by whom the employee is employed. Notice of this provision shall

be provided in accordance with regulations promulgated by the Civil Service Commission.

(b) Restrictions on Former Employees in Matters Connected with Their Former Duties.

(1) Permanent Disqualification of Former Employee Personally Involved in a Particular Matter.

It shall be a breach of ethical standards for any former employee knowingly to act as a principal, or as

an agent for anyone other than Guam, in connection with any:

(A) judicial or other proceeding, application, request for a ruling, or other determination;

(B) contract;

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(C) claim; or

(D) charge or controversy;

in which the employee participated personally and substantially through decision, approval,

disapproval, recommendation, rendering of advice, investigation, or otherwise while an employee,

where Guam is a party or has a direct and substantial interest.

(2) One Year Representation Restriction Regarding Matters for Which a Former Employee Was

Officially Responsible. It shall be a breach of ethical standards for any former employee, within one

(1) year after cessation of the former employee’s official responsibility, knowingly to act as a principal,

or as an agent for anyone other than Guam, in connection with any:

(A) judicial or other proceeding, application, request for a ruling or other determination;

(B) contract;

(C) claim; or

(D) charge or controversy; in matters which were within the former employee’s official

responsibility, where Guam is a party or has a direct or substantial interest.

(c) Disqualification of Business When an Employee Has a Financial Interest. It shall be a breach of

ethical standards for a business in which an employee has a financial interest knowingly to act as a principal,

or as an agent for anyone other than Guam, in connection with any:

(1) judicial or other proceeding, application, request for a ruling or other determination;

(2) contract;

(3) claim; or

(4) charge or controversy;

in which the employee either participates personally and substantially through decision, approval,

disapproval, recommendation, the rendering of advice, investigation or otherwise, or which is the subject

of the employee’s official responsibility, where Guam is a party or has a direct and substantial interest.

(d) Selling to Guam After Termination of Employment is Prohibited. It shall be a breach of ethical

standards for any former employee, unless the former employee’s last annual salary did not exceed Twelve

Thousand Dollars ($12,000.00), to engage in selling or attempting to sell supplies, services other than

personal services, or construction to Guam for ninety (90) days following the date employment ceased.

The term “sell” as used herein means signing a bid, proposal, or contract; negotiating a contract, contracting

any employee for the purpose of obtaining, negotiating or discussing changes in specifications, price, cost

allowances or other terms of a contract; settling disputes concerning performance of a contract; or any other

liaison activity with a view toward the ultimate consummation of a sale although the actual contract therefor

is subsequently negotiated by another person; provided, however, that this Section is not intended to

preclude a former employee from accepting employment with private industry solely because the former

employee’s employer is a contractor with Guam, nor shall a former employee be precluded from serving as

a consultant to Guam.