Guam Governor Lou Leon Guerrero has summoned lawmakers to a special session on Saturday, March 16, 2024, to discuss proposals aimed at broadening her emergency powers. This move comes in response to significant issues at Guam Memorial Hospital (GMH) and aims to expedite infrastructure contracts for a new hospital in Mangilao without the usual review by the Attorney General.
In her announcement, the governor highlighted recent electrical problems at GMH that prompted a response from the Guam Fire Department. She emphasized the urgency to allocate federal funds from the American Rescue Plan for infrastructure improvements at the new facility. “As the head of the Executive Branch of our government, I am prepared to take the reins in the event of such emergencies,” said Leon Guerrero, asserting her commitment to ensuring accountability.
The special session was also prompted by concerns raised by Speaker Frank Blas Jr., who indicated that he had not fully reviewed the governor’s proposals. He expressed a desire to separate immediate issues at GMH from the broader construction plans for the new hospital. “This special session comes as a result of a conversation I had with the governor relative to dealing or mitigating the damages that have occurred at the hospital last week,” Blas stated.
Attorney General Douglas Moylan criticized the governor’s proposals, claiming they threaten to undermine legal protocols and turn Guam into a “banana republic.” He is currently pursuing legal action to halt funding for the Mangilao project, citing alleged irregularities in the procurement process. The proposed bills would effectively bypass his mandated review of contracts related to the hospital’s infrastructure.
Details of the Proposed Legislation
One key piece of legislation is titled the “Governor’s Emergency Powers Act.” Leon Guerrero pointed out that ongoing electrical issues at GMH have caused “significant damage to power infrastructure.” This act aims to grant the governor the ability to declare emergencies related to public health and safety, enabling her to utilize all available government resources. The act would also allow for expedited procurement processes, bypassing competitive bidding and legal reviews, and enable the transfer of funds from the General Fund without legislative approval.
The second bill focuses on the Mangilao hospital project, which is currently entangled in federal litigation involving multiple parties, including the Guam Housing and Urban Renewal Authority. The governor noted that the $104 million in federal funds allocated for this project will expire on December 31, 2026, if not utilized. She warned that failure to act could jeopardize the funding and leave Mangilao vulnerable to future emergencies.
According to the governor’s proposal, any contracts secured by the Guam Power Authority (GPA) or the Guam Waterworks Authority for the hospital’s infrastructure would not require the Attorney General’s review. Instead, these procurements would be managed by the Department of Administration’s General Services Agency. The bill would also eliminate the attorney general’s review for environmental assessments related to the project.
Responses from Lawmakers
Speaker Blas has indicated that he has been in discussions with Governor Leon Guerrero regarding the situation at GMH. He previously requested the governor to declare a state of emergency to allow for quick action on the hospital’s needs. While he acknowledged the necessity of addressing the hospital’s immediate challenges, he expressed concern that the proposed legislation was too expansive. “It seemed to be more expansive than I was comfortable with,” Blas remarked, emphasizing the need for a balanced approach.
Attorney General Moylan characterized the governor’s proposed bills as a “desperate action,” arguing that they serve personal interests rather than the public good. He underscored the importance of adhering to established legal procedures to protect public funds. “I trust that our Senators will see that this legislation serves the personal interests of this governor and not our people’s,” he stated, urging a focus on resolving immediate staffing and operational issues at GMH.
As the special session approaches, lawmakers will convene at 10 a.m. on Saturday to deliberate on the governor’s proposals. The outcome could significantly influence the future of healthcare infrastructure on the island and the immediate operational capacity of GMH.
