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Guam State of Emergency Declaration Order


Executive Order No. 2020-03


WHEREAS, the United States Centers for Disease Control and Prevention ("CDC") has identified COVID-19, a respiratory disease that is a new strain of coronavirus not previously identified in humans, as posing a significant public health risk;

WHEREAS, on January 30, 2020, the World Health Organization (''WHO") declared a Global Health Emergency with regard to the COVID-19 outbreak;

WHEREAS, on January 31, 2020, United States Health and Human Services Secretary Alex M. Azar II declared a public health emergency for the United States to aid the nation's healthcare community in responding to COVID-19;

WHEREAS, on March 13, 2020, President Donald Trump declared a national emergency over the COVID-19 outbreak in the continental United States;

WHEREAS, while no cases of COVID-19 have been identified on Guam, an emergency situation exists such that in order to safeguard the community and general welfare of the island, it is critical that timely precautions be taken and that resources be immediately identified, mobilized and prepositioned; and

WHEREAS, I Maga 'hagan Guahan, pursuant to Section 142 lg of the Organic Act of Guam, is obligated to provide for the public health of Guam including protecting against the spread of COVID-19.

Guam, by the authority vested in me by the Organic Act and laws of Guam, and for the purpose of marshalling all of the island's resources and appropriate preparedness, response, and recovery measures, hereby order the following:

1.    Declaration of State of Emergency. A state of emergency pursuant to Section 1940I of Article 4, Chapter 19, Title 5, Guam Code Annotated is hereby declared for Guam as result of the effects of COVID-19 on the island.

2.    Primary Public Health Authority. The Department of Public Health and Social Services, through its Director and with the approval of/ Maga'hagan Guahan, shall be authorized to exercise all powers enumerated in Chapter 19 of Title I 0, Guam Code Annotated.

3.    Geographic Areas Applicable to the Declaration. All geographic areas with confirmed cases of COVID-19 shall be applicable to this declaration. The authority of this Executive Order shall pertain to all of Guam.

4.    Suspension of Statutes, Orders, Rules and Regulations That Prevent, Hinder or Delay Necessary Action to Respond to the Emergency. Pursuant to Section l9403(a)(l ), of Chapter 19, Title 10 Guam Code Annotated, statutes, orders, rules, and regulations that prevent, hinder or delay necessary action to prepare for or respond to this public health emergency, including but not limited to·, purchases and hiring, are hereby suspended.

5.    Price Gouging. Effective :immediately and throughout the duration of this Executive Order or within any time period allowed by law, whichever is longer, it shall be an unfair trade practice for any merchant or landlord to increase the price of any goods, services, or dwelling rentals on the basis of shortage anticipated or c&used by·this public health emergency.

6.    Personnel and Procurement. Pursuant to Sections 19505 and 19803 of Chapter 19, Title 10, Guam Code Annotated, this Executive Order shall authorize, hiring, overtime and any procurement related to this public health emergency for all government of Guam agencies responding to the emergency.

7.    GHS/OCD to be Lead Agency for Logistics. GHS/OCD shall be the lead agency for the logistical organization and direction of resources and procurement of any goods and services relative to this Executive Order. Any procurement pursuant to this Executive Order is not being used solely for the purpose of avoidance of-the·prbvisions of the Guam Procurement Law.

8.    Authorization For Overtime. Authorization is given for the payment of overtime for non-exempt Government of Guam employees, to work in excess of forty (40) hours a week to mitigate and respond to the effects of COVID-
19. The Office of Civil Defense Administrator is authorized to determine the eligibility of overtime expenditures resulting from work performed by the government agencies, and approval from the Bureau of Budget Management & Research shall be obtained prior to incurring any overtime or expenses. Failure to obtain prior approval shall be grounds for denying reimbursement.

9.    Documentation of Expenses. All departments and agencies are instructed to keep appropriate documentation on all emergency expenses authorized by this Executive Order for inspection by the Executive and Legislative Branches and by the Public Auditor of Guam, and in anticipation of federal disaster assistance approval by the President of the United States to be administered by any federal gency.

10.    Activation of Guam National Guard. The Adjutant General is authorized to issue active duty orders for the mobilization of such National Guard personnel and equipment as she may determine to protect life and safety, to continue essential public services, and to prevent undue loss and suffering.

11.    Severability. If any provision of this executive order or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this order that can be given effect without the invalid provision or application, and to this end, the provisions of this order are severable.

Signed and Promulgated at Hagatiia, Guam, this 14th day of March, 2020.

Maga'hagan Guahan
Governor of Guam

Attested by:
Sigundo Maga'lahen Guahan
Lieutenant Governor of Guam

Last updated: Sunday, March 22, 2020