No recording devices or cell phones are allowed at the Government of Guam Board Meetings, according to a recent Guam Board Resolution. Senator Tina Muña Barnes accuses GBAHE of violating the First Amendment. -SMD
News
July 12, 2010
By Guam News
Guam – Senator Tina Muña Barnes has written a letter to Attorney General John Weisenberger seeking an opinion on the legality of a Guam Board of Allied Health Examiners [ GBAHE ] Board Resolution 2010-01 which bans all recording devices from their Government of Guam Board
meetings.
Her request follows the posting of a notice on the wall outside a regular GBAHE held on June 4th.
The sign read “No cell phones and video or audio recording devices will be allowed in the conference room.” The sign explained that the policy had been adopted by the Guam Board of Allied Health Examiners as Resolution 2010-01.
Senator Muña Barnes cites an opinion from the Legislative Legal Counsel who cites 5 GCA §8112 of Guam’s Open Government Law that expressly provides for the attendance at agency meetings by duly accredited news reporters and photographers in.
She writes: “since the GBAHE is a GovGuam entity, they are subject to the Open Government Law.”
However, Assistant Attorney General David Highsmith, who is the legal counsel for the GBAHE, counters that “Neither the First
Amendment nor the Open Government Law creates a right to tape a public meeting. The Board has authority to conduct its meetings as it wishes.” Highsmith cites 5 GCA §8103 and §8112.
The Senator has forwarded her concerns to Acting AG Weisenberger seeking a final decision.
In a release Barnes says “the actions of the GBAHE violate the very spirit of the Open Government Law.”
The Legislature declares it is the policy of this Territory that the formation of public policy and decisions is public and shall not be conducted in secret. The people of Guam do not yield their individual rights to public agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.