OAG responds to Attorney Fisher’s petition for an Order to Show Cause following a FOIA request for Employee’s private conversations

June 17,2020 – Tamuning, Guam- Attorney Tom Fisher has demanded all communications between OAG employees about payment of GovGuam employees, including private conversations on WhatsApp, Facebook Messenger, and Instagram. 

“Attorney Fisher has asked to access the private conversations and thoughts of our employees, and we have said no,” said Attorney General Leevin T. Camacho. “Neither our FOIA laws nor the principle of transparency require that government employees give up their right to privacy.” 

Under Guam’s Freedom of Information Act (FOIA) law, one limitation on the release of public records is when the records relate to pending litigation. The purpose of this limitation is to protect the fairness of the judicial process and to prevent unfair advantages involving access to information during a lawsuit. It is public knowledge that Attorney Fisher represents various GovGuam employees, including an OAG employee, in a lawsuit against GovGuam for double pay. Attorney Fisher lost his case and has since filed an appeal in the Supreme Court, where the case is now pending. In his latest court filing, Attorney Fisher has contradicted his own statements by claiming that there is no pending lawsuit against the OAG. 

“We cannot simply ignore laws and facts when they produce an outcome we do not like,” said AG Camacho. 

Read the Order to Show Cause.