22 Baki Ct., Yigo, GU 96929
Re: SUNSHINE LAW NOTICE OF INSPECTION OF DOCUMENTS ON MARCH 13.
Dear While a citizen could stand on his right to require immediate inspection of public records, as a courtesy to you I have given you the time and date of the inspection .
Pursuant to 5 GCA § 101031 this letter will serve as notice of an impending inspection[1][2][3] of public records at your office on March 13 at 4: 30 PM. At that time I will inspect the following: Notices of Personnel Actions[4] or other public records showing an annual salary of $100,000.00 or more for all employees[5] who are NOT assigned to a school.
1.
Notices
of Personnel Actions or other public records created during the current fiscal
year that provide salary increases for all employees who are NOT assigned to a
school and receive an annual salary of $100,000.00 or more.
2.
Announcements,
letters, or any other communication directed to teachers describing your
responsibility pursuant to § 20[6]
of the Every Child Is Entitled To An Adequate Public Education Act.
3.
Announcements,
letters, or any other communication directed to teachers describing your power
to commence enforcement action[7]
pursuant to the last paragraph of § 11311
(d) of 7 GCA. [§ 15 of the Every Child Act]
4.
Announcements, letters, news releases, memoranda
or any other communication describing how you will require compliance with § 22
of the Every Child Act which reads:Section 22. Construction with Other Laws. A
new 53210 is hereby 2 added to 17 GCA to read:
"§ 3210. Construction with Other Laws. Insofar as the
provisions of the Every Child is
Entitled to an Adequate Public Education Act are inconsistent with the
provisions of any other law, the
provisions of this Act shall be
controlling; and in particular but not by way of limitation, except as may be provided in this Act, no
provision of any law shall be applicable
to the government of Guam with respect to the provisions of the Every Child is Entitled to an Adequate
Public Education Act unless I
Liheslatura (the Legislature) shall specifically so state." [17 GCA
§ 3120]
5.Announcements, letters, news releases,
memoranda or any other communication describing how you will require compliance
with the Every Child Act.
Respectfully submitted,
Original signed by Robert Klitzkie
[1] 5 GCA § 10103. Right of Inspection of Public
Documents. (a) Every person has the right to inspect and take a copy of any
public document on Guam, except as otherwise expressly prohibited in law, and
except as provided in § 10108 of this
(b)
Public
records are open to inspection at all times during the office hours of the agency and every person has a right to inspect
any public record, except as hereafter provided. Any segregable portion of a
record shall be available for inspection by any person requesting the record
after deletion of the portions that are exempted by law.
[2]
All emphasis is added for easy
reading.
[3] §
10105. Efficient Disclosure of Records. (a) To ensure expedient disclosure of
records by an agency, the Director of an agency shall require all personnel in
charge of receiving any incoming mail, electronic mail, faxed documents or
other communications to immediately notify the Director or his designee upon
receipt of a request for records under this Chapter.
(b) Upon receipt of a
request for records under this Chapter, the Director of an agency or his
designee shall immediately assign the request to be fulfilled or responded to
by an employee of the agency.
(c) Each agency shall organize paper and computer
files so that documents can be retrieved and copied quickly for expedient disclosure of
records under this Chapter.
[4]5
GCA § 10103(d) which reads in pertinent part:
“…if
the records being requested partially contain information exempted from
disclosure by this Chapter or by another law, the agency shall redact the
exempt information only and release the nonexempt information in the records,
citing the exemptions in law that require the information to be redacted. If
the records in whole contain information not disclosable by this Chapter or
another law, and contain no information that can be released,
[5] Ҥ 10108. Limitation on Right of Inspection.
***All
information regarding salary, and the name, and worksite mailing
address of each employee and public official shall be public record.”
[6]
“Section 20. Duties of the Superintendent. 17 GCA §3103(j) is hereby
amended to read: "(j) to perform other duties as may be required by public
law to
provide an adequate public educational system.” [17 GCA § 3103(j)]
[7] “Section 15. Limitation of Actions. § 11311 of 7 GCA
is hereby amended to read:
"§11311.***The lack of funding or failure to release allotments shall not constitute a defense to claims under this Section unless the named respondent, before commencement of the claim under this Section, files an action to release such funding against the responsible party withholding such funds or allotments."
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