Governor: AG jeopardizes $100M for Guam's infrastructure improvements

By Pacific Island Times

Gov. Lou A. Leon Guerrero has filed a petition with the Supreme Court of Guam seeking a declaratory judgment that the Attorney General does not have authority to approve contracts for autonomous agencies such as the Guam Power Authority and Guam Waterworks Authority.

The governor’s filing asks the Court to confirm that these agencies may execute contracts independently under Guam law and that the attorney general’s role in such cases is advisory, not a veto.

The filing follows a series of public statements by Attorney General Doug Moylan, indicating that he would refuse to approve any contract related to the Mangilao Medical Campus project. 

“This case is about protecting our island’s ability to move forward with critical infrastructure projects, including our new hospital without political obstruction,” Leon Guerrero said.

“The attorney general is trying to run out the clock on these federal funds and jeopardize more than $100 million that would modernize our power, water, and healthcare infrastructure. We cannot let the attorney general’s obstruction deny our people the hospital they deserve.”

Lt. Gov. Josh Tenorio added, “At its core, this case is about upholding the rule of law and ensuring that the people’s business is carried out fairly and without unnecessary delay. The Governor has the right and the responsibility to seek clarity when the functioning of government is at risk. We have faith that the Supreme Court will provide that clarity.”

Because American Rescue Plan Act funds must be expended by Dec. 31, 2026, the governor also requests an expedited briefing and argument to ensure the government meets federal deadlines and does not forfeit critical resources that will strengthen the island’s healthcare, power, and water systems. 

In response, Moylan said the governor's actions "continue threatening our financial stability and the immediate healthcare needs of us all."

He maintained that the law requires the attorney general to review any procurements exceeding $500,000 to ensure that procurement rules are followed.

"We have issued two legal opinions that the ARP funds being spent are violating Guam and expose my client, 'we the taxpayers,' to $105 million in paying back to Congress illegally spent funds," Moylan said. 

He sais the governor has rejected his invitation to discuss the spending plan for the ARP remainders.

"The governor persisted in obligating the $105 million ARP funds toward a $1 billion plus medical facility that had no legislative approval for that healthcare facility or source of funding for the huge remaining balance.  We filed a lawsuit consistent with our position," he said.

" The current hospital is literally burning down while the governor calls emergency sessions to remove me from overseeing and protecting my client.  Her actions recklessly endanger us all with financial disaster and ruinous debt," he added.