Attorney General: GHURA broke law to acquire Mangilao land for hospital

The Guam Housing and Urban Renewal Authority broke the law when the agency acquired the land for the Governor’s proposed hospital and medical complex in Mangilao.

That's the legal opinion issued today from Attorney General Doug Moylan. 

AG Moylan said while GHURA is authorized to acquire property via Eminent Domain, it must do so according to a very specific process with several checks and balances. 

His opinion was in response to a request from minority leader Senator Frank Blas Jr. 

Senator Chris Barnett also asked for a legal opinion as to whether GHURA violated Guam's Open Government Law in its consideration of entering into a loan agreement with the Governor’s Office at their May 28 meeting. 

The AG opined that GHURA did violate the law, saying the agenda items in question here refer to a potential business transaction. 

Whether the agency should enter into or expand a loan agreement, the AG said an agency is required to provide the public in advance of a meeting, in writing, the essential terms of the transaction recommended by the agency’s staff, which he says was not done. 

Calls for transparency

Sen. Barnett applauded the AG's opinion.

“This legal opinion is a victory for the people of Guam, who deserve transparency and honesty in how their government handles both taxpayer funds and federal dollars,“ said Sen. Barnett. "Gov. Leon Guerrero needs to be honest with the people of Guam. While she claims to be committed to building a new hospital, her actions speak louder than her words. At the onset, she dedicated $300 million to the hospital project, yet diverted critical funds for unrelated expenses like bank fee waivers. As a result, instead of having $300 million for the hospital project, we now have only $100 million. What we need now is a clear plan, full transparency, and collaboration with all stakeholders, including the legislature, to ensure this hospital is built and properly funded. These are not trivial matters. Whether it’s federal dollars or taxpayer funds, it is all public money, and the people of Guam have a right to know exactly how it will be used, especially for something as critical as the construction of a new hospital.”

Barnett called for a shift in focus from political finger-pointing to working together in a bipartisan manner to address the pressing healthcare needs of the community.

“The legislature is ready to work with the Governor, but it has to be a genuine partnership, built on transparency, accountability, and mutual respect. Let’s stop the blame game and start working together for the people of Guam," he said.

Barnett also called for continued oversight and scrutiny of the hospital funding process, promising to keep working to hold the administration accountable to the public.

Adelup: AG is wrong

A statement issued by the governor's office Thursday night states these legal opinions are nothing more than the AG joining forces with opposing senators who are trying to defeat our island’s most significant effort towards finally building a new hospital.

Adelup stating is not the first time the AG has been wrong, and it is likely not the last.

The governor's office argued the AG relies on woefully inadequate analysis of Guam law in his opinions responding to senator inquiries regarding GHURA’s authority to acquire land for a medical complex in Mangilao and the adequacy of notice provided for meetings of the GHURA board, adding GHURA has the authority to acquire land for a medical complex and GHURA provided proper public notice for its board meetings.

Adelup contends AG Moylan has completely sidestepped GHURA’s substantial power to develop housing projects on Guam, which government official say are separately defined from urban renewal projects and broadly defined to include health facilities.

According to the governor's office, AG Moylan’s second opinion that GHURA’s public notices were inadequate under the Open Government Law is similarly deficient stating the notices provided by GHURA clearly notify the board and the public of the meeting agenda, including consideration of a loan of ARPA funds for community development projects, and the board packet for the meeting even included the letter from Governor Leon Guerrero referencing GHURA’s authority to carry out housing projects, and offering the loan of ARPA funds for development of healthcare facilities and related projects.