AG warns GovGuam certifying officers in wake of retroactive pay raises

This morning the Guam Daily Post broke the news that Attorney General Douglas Moylan confirmed his office is investigating retroactive pay raises Gov. Lou Leon Guerrero authorized for her staff and cabinet.

“Our office is aware of the allegations pertaining to retroactive pay and are investigating those allegations,” Mr. Moylan told Kandit.

Retroactive pay raises are illegal, according to Guam law. Both authorizing officials who approve such raises, and certifying officers who sign for the legality of the use of funds can go to prison if found guilty of issuing the raises.

“Our office has an active Government Corruption Division and will hold GovGuam’s certifying officers personally accountable for any illegal authorizations of payment of taxpayer monies,” Mr. Moylan said. In an interview with Ray Gibson on The Ray Gibson Show on 93.3 FM The Point, Mr. Moylan warned, “Certifying officers are paid good salaries to protect our taxpayer monies, and will be made to answer before our juries and judges for illegal expenditures. Please do your job and protect our monies entrusted to you, or face the consequences.”

Documents Adelup concealed since January show at least seven Adelup staffers and cabinet members each received five-digit retroactive pay raises.

On April 27, Sen. Frank Blas, Jr. wrote to Gov. Lou Leon Guerrero, stating:

“I must advise you that it was done so in violation of Guam law. There are at least seven personnel actions that I am familiar with that provide upward pay adjustments with retroactive pay, in violation of §6218.1 of Chapter 6, Title 4 Guam Code Annotated which reads as follows:

“’§ 6218.1. Prohibition on Retroactive Pay Raise. Whenever a classified or unclassified employee of the Government of Guam, including all departments, agencies and instrumentalities, whether or not autonomous, receives an increase in pay resulting from step increase, pay range increase, promotion or any other cause, such increase in pay shall not be retroactive from the date of its authorization, unless so specified by law. Any person who authorizes a pay raise which is retroactive in violation of this Section shall be guilty of a misdemeanor.’

“Based on information received on at least personnel actions that you have authorized, all were dated January 24, 2023 or after, and each with a retroactive effective date of January 1, 2023.”

Mr. Blas reminded Ms. Leon Guerrero of the last time a governor issued retroactive pay raises to staff.

“A similar situation existed in the administration previous to yours which prompted the Office of the Public Auditor to conduct an investigation and produce OPA Report No. 16-05,” Mr. Blas wrote in his letter to the governor. “It was determined that retroactive pay for the salary adjustments given to unclassified employees were illegal and the employees were directed to pay back what they received retroactively. The report referenced an opinion provided by the Attorney General of Guam that stated that salary adjustments that had retroactive compensation was in violation of Guam’s anti-retroactive payment statutes. The AG further opined that the matter could only be resolved through repayment of the retroactive pay adjustment by each employee.”

Mr. Calvo negotiated a pay back arrangement for his staff, who received the pay raises, telling the Office of Attorney General Elizabeth Barrett-Anderson neither his legal counsel nor any of the government’s financial officers informed him of the retroactive pay raise law, if they knew about it at all. Ms. Leon Guerrero cannot make the same claim of ignorance. She and her supporters – many of whom attacked the Calvo pay raises – rabidly attacked the Calvo pay raises during the 2018 campaign, when she ran against then-Lt. Gov. Ray Tenorio for governor.

According to the seven documents indicating retroactive pay raises to Adelup staff and cabinet members, Ms. Leon Guerrero signed the retroactive pay adjustments as both the requestor and the approving authority.

Adelup has not replied to Kandit’s request for comment from the governor about the accusation made against her.


  • I just don’t get it! “Here we go again”.

    First, there was the Eagles field debacle that resulted in”Lost opportunity”; and now, the illegal retroactive pay raise for staffs!

    Are we seeing, the incompetency of our government? Or is the Law being ignored because someone high up is in charge?

    What is going on folks.

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