University of Guam's new bylaw could misuse taxpayer monies

The island’s chief law officer continues to crack down on government officials allegedly misusing taxpayer monies. The Government of Guam entity now under scrutiny: the University of Guam. 

Attorney General Douglas Moylan says UOG's new bylaw that allows the use of government funds to essentially reimburse attorney fees for regents and officers criminally charged violates Guam law and potentially is criminal.

Another GovGuam entity finds itself under scrutiny over their fiduciary duty to taxpayers.  Moylan is now looking at UOG's leaders for possibly misusing government funds, telling KUAM News, "I keep reminding government officials: this is not your money. This is your fiduciary (duty). It's like when you’re taking care of an old person who can’t manage their own affairs, a guardian in this case, you’re a fiduciary to help them."

The public filed a complaint to the Attorney General's Office over a resolution recently passed by UOG's Board of Regents. Resolution 23-20 allows the use of appropriated funds to reimburse attorney fees for regents and officers criminally charged who allegedly act in ‘good faith.’

"The University of Guam’s enabling law does not give them the right to be taking those monies, even in their taxpayer-paid positions, to be using their time for this purpose," the AG continued.

"The Board of Regents, their resolutions does not rise to the level of our Guam Legislature, where senators and our governor participate in passing laws that protect our community."

Moylan questioned why the resolution was passed in the first place when it clearly violates or is contrary to multiple laws, such as their own enabling and appropriation laws, the Organic Act, and the Supreme Court of Guam’s American Rule. He said, "The Government of Guam cannot be creating these little bastions of government officials who think they can act outside the three branches of government."

It’s why he sent a letter directed to the university’s board of regents chair, Liza Provido, and former president Dr. Thomas Krise, warning them their actions are illegal and potentially criminal. 

"We’re requesting that the resolution be immediately rescinded and that the University of Guam, including their controller, to identify if any government monies expended. Because upon that event, we will open a criminal investigation into why these monies are being spent the way that they are being spent," he explained.

University officials still have yet to confirm if any illegal payments using taxpayer monies were made. But he says if that is the case, any certifying officers or government officials giving the green light will be investigated. 

"They (certifying officers) are the gatekeepers to stop any illegal expenditures," said Moylan. "And I’m making it very clear - you don’t need an AG’s opinion to understand this. You just don’t pay for a criminal defendant's attorney’s fees using money that was appropriated to you by the Guam legislature, which is the tax-payers’. It's a very simple concept."

KUAM also reached out to the university for comment, with UOG spokesperson Jonas Macapinlac says they “received the letter and it is currently under review.”