Attorney-General-Opinion

Of?ce of the Attorney General of Guam Elizabeth Ba rrett?Anderson Attorney General Phone: (671) 475-3324 ext. 5015/ 5030 Fax: 477-4703 [email protected] Jacqueline Z. Cruz Chief of Staff Administration ext; 5010 Phillip Tydingco Chief Prosecutor Prosecution ext. 2410 midi.nesn?auamaao 1TH Karl Espaldon Deputy AG Solicitors ext. 3115 trespaldon @gua agorg Kenneth D. Orcutt Dep Ll ty AG Litigation ext. 3225 rues-.0 LE Fred 5. Nishihira Deputy AG Consumer Protection ext. 3250 r?nishihirac?lgnamagprg Rebecca M. Perez Deputy AG Child Support ext 1610 Carol M. Hinkle-Sanchez Deputy AG Juvenile ext 4040 csanchez@guamagorg Pauline U. Camacho Administrator Victim Sert'tizu?luter Notary Unit ext. 5030 590 S. Marine Corps Dr.. Ste. 706, Tamuning, Guam 96913 December 10, 2015 Honorable Eddie B. Calvo Governor of Guam Of?ce of the Governor. Ricardo J. Bordallo Complex Han Ada." Governor: My Of?ce has received from Vice-Speaker BJ. Cruz a set of FOIA documents pertaining to the December 2014 pay adjustments of 107 unclassi?ed staff employees ofthe Of?ces ofthe Governor and Lt. Governor made effective retroactively to January 26, 2014. These pay adjustments were made pursuant to Title 4 GCA 6207 and 6207.1 which authorize the Governor and Lieutenant Governor to set the salaries of the staff of your respective Executive of?ces. The issue presented by these documents is not the setting ofsalaries. but the retroactive nature ofthe payments made. Guam law specifically prohibits retroactive payments unless authorized by statute.1 Your staff strongly acknowledges this prohibition, but posits these were not intended to be retroactive. Information contained in the documents themselves, however. suggests the processing ofthe personnel actions were made otherwise. We are unable to ?nd support for the pay adjustments in Public Law 32?208, cited by your Of?ce as the basis of the ?formula? for retroactive payment. PL. 32?208 provided for the retroactive implementation of the Executive Pay Plan for the Governor, Lt. Governor, Attorney General, and Cabinet members, back to January 15, 2014. Unfortunately, it did not apply to the 107 rank and file individuals in your Of?ces who were possibly the only category of unclassified government employees in the Executive Branch whose salaries were not addressed by the Competitive Wage Act (CWA) or legislation, presumptively based on your Section 6207 authority. Accordingly, it is my opinion that the salary adjustments from January 26, 2014 to December 15, 2014 represent retroactive compensation for each individual employee in violation of Guam?s anti-retroactive payment statutes. This matter can only be resolved through repayment of the retroactive pay adjustments by each individual employee, or through legislative action. It is not unprecedented for the Legislature to take action where employees relied in good faith.2 1 Title 4 GCA ?2103.14 and {36208.18 2 See Public Law 30?126 codi?ed at Title 4 GCA ?6205.2(c) Phone: (6 71) 475-3324 - guamag. org - Further, each individual personnel action should be audited to determine the exact nature and amount of repayment. In those instances where employees were no longer employed in either Executive of?ces on December 15, 2014, these may represent overpayment in addition to the retroactive compensation. I trust that you will seek and pursue the best resolution to this matter. Sincerely, saw was: a ELIZABETH Attorney General of Guam