Terms Used In 1 Guam Code Ann. § 1013

  • Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
  • Oversight: Committee review of the activities of a Federal agency or program.
The Mayors’ Council of Guam is authorized and requested to annually appoint and maintain oversight of the Guam Island Fair Committee to plan and make appropriate arrangements for the celebration of this Fair.

The Committee shall be composed of one (1) representative from the Department of Administration (DOA), and one (1) representative from the Office of Public Accountability (OPA), and the First Lady of Guam. The Committee shall also include members of patriotic, religious, or other civic organizations. In lieu of such Committee, the Mayors’ Council of Guam may designate one (1) or more such civic organizations as sponsors to plan and arrange for the Fair, provided, that one (1) representative from the Department of Administration (DOA), one (1) representative from the Office of Public Accountability (OPA), and the First Lady of Guam are members of that Committee.

The net proceeds from the Guam Island Fair shall be divided in the following manner:

(a) The Mayors’ Council of Guam shall be entitled to retain fifty percent (50%) of the net proceeds and may convey any interest or portion thereof to any charitable organization; and

(b) Fifty percent (50%) of the net proceeds shall be held in trust by the Council and monies in this trust shall be donated to a charity or worthy public cause as the First Lady shall solely determine.

The government of Guam may furnish a suitable site, if needed, but neither it nor any agencies, instrumentalities, nor employees may use government supplies or equipment in the planning and preparation for the Island Fair. Unless appropriated by I Liheslatura (the Legislature), or approved by the governing board of applicable autonomous agencies, no government funds or materials shall be used in the preparation of floats.
Any casino gambling activity must be approved by I Maga’lahi (the Governor) in writing.

SOURCE: GC § 222. Amended by P.L. 31-025:2 (Apr. 18, 2011).

2014 NOTE: Subsection designations (a) and (b) were added to adhere to the Compiler’s alpha-numeric scheme in accordance with the authority granted by 1 Guam Code Ann. § 1606.

COMPILER’S COMMENT: In addition to updating this Section to make reference to § 1012 of this Chapter, the Commission has clarified and detailed the prohibition on Government participation in the planning and organization of the Fair. The former single sentence prohibition has been widely and regularly circumvented, with some employees of the government spending much of their time on preparation for the fair. This is not intended. However, since floats are of great public interest and have become an integral part of the parades held during the Island Fair, and are not revenue-producing for the charitable committee operating the Fair, there seems no harm in permitting employees some time off, as now widely occurs, to prepare these floats, so long as governmental material and tools are not used.