GCA Title 4, Chapter 2
4 GCA PUBLIC OFFICERS AND EMPLOYEES
CH. 2 APPOINTMENTS TO OFFICE
CHAPTER 2
APPOINTMENTS TO OFFICE
2025 NOTE: Pursuant to 5 GCA § 1510, I Maga’hågan/Maga’låhen Guåhan means the ‘Governor of Guam’ and I Maga’håga/Maga’låhi means the ‘Governor.’ Pursuant to 2 GCA § 1101, I Liheslatura/Liheslaturan Guåhan means the ‘Legislature’ / ‘Guam Legislature.’
- Article 1 Appointments to Office.
- Article 2 Justification Reporting for Appointments of Unclassified Employees.
ARTICLE 1 APPOINTMENTS TO OFFICE
4 GCA PUBLIC OFFICERS AND EMPLOYEES CH. 2 APPOINTMENTS TO OFFICE
§ 2101. Appointments to Fill Vacancies.
Whenever a vacancy occurs in any office and there is no other provision of law for the filling of such vacancy, I Maga’håga/Maga’låhi shall appoint some qualified person to fill such office. SOURCE: GC § 3100. 2025 NOTE: Reference to the ‘Governor’ replaced with I Maga’håga/Maga’låhi pursuant to 5 GCA § 1510.
§ 2102. Appointments to Fill Vacancies: Where Term is Fixed by Law.
Whenever a vacancy occurs in any office the term of which is fixed by law, such vacancy shall be filled as provided by law for the balance of the unexpired term thereof. SOURCE: GC § 3101.
§ 2103. Appointments to Fill Vacancies: Where Consent of I Liheslatura Required.
Whenever an appointment by I Maga’håga/Maga’låhi requires the consent of I Liheslatura , I Maga’håga/Maga’låhi shall submit such appointment to I Liheslatura within ten (10) days of making the appointment. If such Liheslatura has adjourned sine die, then the appointment shall be submitted to the first meeting of the next Liheslatura within ten (10) days after the commencement thereof. Whenever I Liheslatura has adjourned sine die without having confirmed or rejected an appointment, such appointment shall thereupon automatically terminate. Any appointment not submitted to I Liheslatura in accordance with this Section shall automatically terminate as of the end of the last day available for submission. Any office to which appointment requires legislative consent which becomes vacant shall remain vacant until I Liheslatura consents to the appointment; provided, however, that the confirmation of an Acting appointee shall automatically include approval of retroactive pay to the date of his acting appointment. As to positions requiring legislative appointment, no appointment or acting appointment to fill a position which is vacant is effective until the appointment or acting appointment is transmitted to the Speaker of I Liheslatura . SOURCE: GC § 3102, amended by P.L. 11-098:1 (Oct. 27, 1971). Amended by P.L. 22-108:1 (Apr. 1, 1994). 2025 NOTE: References to the ‘Governor’ replaced with I Maga’håga/Maga’låhi pursuant to 5 GCA § 1510. References to the ‘Legislature’ replaced with I Liheslatura pursuant to 2 GCA § 1101.
§ 2103.1. Persons Denied Confirmation; Acting Capacity.
No funds appropriated by the law may be expended to pay salary and personnel benefits or to pay someone on contract who serves in an acting capacity in a position to which he or she was appointed by I Maga’håga/Maga’låhi and subsequently denied confirmation by I Liheslatura for any period of time following the denial of confirmation. SOURCE: Added as uncodified law by P.L. 18-009:7 (July 23, 1985). Codified and title provided by the Compiler. 2025 NOTE: Reference to the ‘Governor’ replaced with I Maga’håga/Maga’låhi pursuant to 5 GCA § 1510. Reference to the ‘Legislature’ replaced with I Liheslatura pursuant to 2 GCA § 1101.
§ 2103.2. Same: Contracts and Unclassified Positions.
[Repealed.] SOURCE: Added as uncodified law by P.L. 18-009:8 (July 23, 1985). Codified and title provided by the Compiler. Repealed by P.L. 22-108:15 (Apr. 1, 1994)( ‘B ecause its provisions were declared contrary to the Organic Act in the case of Guthertz & Miles v. Torres , Civ 85-0052 (D.C. Guam 1985), § 2103.2 of Title 4, Guam Code Annotated, is hereby repealed’ ).
§ 2103.3. Excessive Duration of Vacancies. Appointment by Speaker.
If a vacancy on any board or commission, which is to be filled by appointment of I Maga’håga/Maga’låhi , occurs for longer than ninety (90) days without transmittal to I Liheslatura of
4 GCA PUBLIC OFFICERS AND EMPLOYEES CH. 2 APPOINTMENTS TO OFFICE
documents indicating I Maga’håga/Maga’låhi ‘s choice to fill the vacancy, then the Speaker of I Liheslatura shall appoint someone to fill the vacancy, with the advice and consent of I Liheslatura , by transmitting the documents indicating the appointment to the Legislative Secretary and to I Maga’håga/Maga’låhi . Any appointment to fill a vacancy which is made by the Speaker pursuant to this Section shall not become void due to a later appointment by I Maga’håga/Maga’låhi to fill the same vacancy. If any portion or application of this Section is held invalid with respect to any board or commission, such portion or application that remains valid for any other board or commission shall remain in effect. This Section shall apply to any vacancy existent on the effective date of this Section which has occurred for longer than ninety (90) days either before or after the effective date of this Section. SOURCE: Added by P.L. 19-011:11 (Nov. 27, 1987). 2025 NOTE: References to the ‘Governor’ replaced with I Maga’håga/Maga’låhi pursuant to 5 GCA § 1510. References to the ‘Legislature’ replaced with I Liheslatura pursuant to 2 GCA § 1101.
§ 2103.4. Definitions.
As used in this chapter, the following terms have the following meanings: (a) ‘Appointing authority’ means either I Maga’hågan/Maga’låhen Guåhan or any other board, commission or duly authorized public entity or individual charged with the duty to appoint an approved official or an approved board official. (b) ‘Appointed official’ means any official who is appointed by I Maga’håga/Maga’låhi . (c) ‘Approved official’ means an official who is appointed by I Maga’håga/Maga’låhi with the advice and consent of I Liheslatura . (d) ‘Appointed position’ means any position which is filled by appointment by I Maga’håga/Maga’låhi . (e) ‘Approved position’ means a position which is filled by I Maga’håga/Maga’låhi with the advice and consent of I Liheslatura . (f) ‘Appointed board official’ means any official who is appointed by any board or commission of the government of Guam. (g) ‘Approved board official’ means an official who is appointed by any board or commission with the advice and consent of I Liheslatura . (h) ‘Official’ means a member of a board or commission of the government of Guam, or an officer or employee of the government of Guam. (i) ‘Undated courtesy resignations’ means the practice of requiring or submitting undated resignations to be accepted at a later date by the appointing authority. (j) ‘Legislative day’ means a day during which I Liheslatura is in actual session, and during which it engages or may engage in debate. Excluded are sessions in which I Liheslatura convenes solely for ceremonial purposes for state funerals or addresses by I Maga’håga/Maga’låhi , Chief Justice, or Guam Delegate. In computing the period ’ ninety (90) days plus three (3) legislative days ’ or any similar terminology using a different number of days, the term ’ plus ___ Legislative days ’ shall be deemed to refer to legislative days which occur following the expiration of the ninety (90) day or other initial period. (k) ‘Acting appointment’ means the filling of a position by a person who has not been appointed to fill the position on a permanent basis, or, in the case of positions requiring the advice and consent of I Liheslatura , the situation where a person is filling the position in an acting capacity whose
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nomination to fill the position permanently has been received by I Liheslatura , but has not been confirmed to the position by I Liheslatura . Acting appointments include socalled ‘holdover’ positions on boards and agencies, such as when the enabling legislation provides that an appointee shall serve until his or her successor is appointed. In construing the time limits in this Chapter, all time as an acting appointee shall be included together, even if such acting time was spent in an acting position pursua nt to different appointments or as a ‘holdover.’ I Maga’hågan/Maga’låhen Guåhan shall inform the Speaker of I Liheslaturan Guåhan , in writing, of any acting appointments upon appointment. (l) ‘Acting capacity’ means the serving of a person in a position in an acting capacity or pursuant to an acting appointment. (m) ‘Salaried position’ means any position receiving a salary, but not including members of boards and commissions receiving a stipend for each meeting attended. (n) ‘Ninety (90) days’ - in computing the ninety (90) day time limit imposed in this Chapter, the term ninety (90) days shall mean ninety (90) calendar days from the date of the initial acting appointment. SOURCE: Added as § 2103a by P.L. 22-108:2 (Apr. 1, 1994), renumbered pursuant to 1 GCA § 1606. Subsections (k) and (l) amended by P.L. 27-106:VI:28 (Sept. 30, 2004); and P.L. 28-068:IV:83-84 (Sept. 30, 2005). Subsection (n) amended by P.L. 35-008:2 (April 5, 2019). 2025 NOTE: References to the ‘Governor of Guam’ replaced with I Maga’hågan/Maga’låhen Guåhan pursuant to 5 GCA § 1510. References to the ‘Governor’ replaced with I Maga’håga/Maga’låhi and pursuant to 5 GCA § 1510. References to the ‘Legislature’ replaced with I Liheslatura pursuant to 2 GCA § 1101. 2015 NOTE: Pursuant to an amendment to § 22A(b)(2) of the Organic Act of Guam by P.L. 108-378:1(b) (Oct. 30, 2004), references to ‘Presiding Judge’ have been changed to ‘Chief Justice.’ See 48 U.S.C. § 1424-1(b)(2).
§ 2103.5. Submission for Legislative Advice and Consent.
(a) The appointing authority shall submit to the Speaker of I Liheslaturan Guåhan the name of the nominee to a position in a nomination letter to be hand delivered to the office of the Speaker. The nomination letter shall include the following:
- name;
- position to which the appointment is made;
- address;
- citizenship;
- age;
- educational background; (7) prior government service whether within or without the government of Guam;
- information pertinent to the position’s qualifications;
- police clearance report;
- a copy of DD Form 214 for those with prior military service;
- special distinctions and honors; (12) whether the nominee has been found guilty of a felony in any court, whether within or without the United States, and if so, shall specify in detail the address of the court, the date of conviction and the specific infraction committed;
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(13) whether the nominee has been declared mentally incompetent by any court, whether within or without the United States, and if so, specify in detail reasons and facts related to such declaration; (14) whether the nominee has been found not guilty or not punishable in any criminal proceedings by reason of insanity; (15) whether the nominee has been confined to a mental institution for any reason, and if so, the reasons why the appointing authority believes the nominee is not suffering from any mental illness or affliction. (b) The applicant shall execute an affidavit under penalty of perjury that the applicant has read and reviewed the information contained in the nomination letter from I Maga’hågan/Maga’låhen Guåhan that the matters contained in such nomination letter and all attachments thereto are true and correct. If the applicant cannot, or will not, certify or verify the accuracy of any part of the nomination letter, it shall be so noted in the applicant’s affid avit. SOURCE: Added as § 2103b by P.L. 22-108:3 (Apr. 1, 1994), renumbered pursuant to 1 GCA § 1606. Amended by P.L. 26-119:4 (Aug. 14, 2002); P.L. 29-020:2 (Oct. 10, 2007). 2025 NOTE: Subsection designations added pursuant to the authority of 1 GCA § 1606.
§ 2103.6. Resignations from Positions.
(a) A resignation from any position shall be in writing (Resignation Letter) and directed to the appointing authority, and shall, by its terms, be effective immediately or on a date certain. If no effective date is indicated, it shall be effective upon delivery to the appointing authority. Upon receipt by the appointing authority of any such Resignation Letter, the appointing authority may make the resignation effective immediately or sooner than the effective date in the Resignation Letter. Such resignation shall be effective according to its terms unless the appointing authority, at its discretion, makes the resignation effective immediately or at sometime sooner than the Resignation Letter. If the position involved requires the advice and consent of I Liheslatura , the appointing authority shall immediately after receipt of the Resignation Letter forward a copy of such Resignation Letter to the Speaker of I Liheslatura . Once such a Resignation Letter is delivered to the appointing authority, it may not be later withdrawn by the resigning person without the consent of the appointing authority. Acceptance of such resignation by the appointing authority is not required for the resignation to become effective. (b) When, as to positions requiring the advice and consent of I Liheslatura , the appointing authority and the appointee following delivery of a Resignation Letter to the appointing authority, jointly decide to withdraw the resignation after its submittal, the appointing authority shall within five (5) calendar days submit the name of the appointee to I Liheslatura for a new confirmation process as a new appointee. (c) A Resignation Letter by any officer or employee of the government of Guam, its agencies and instrumentalities, which is directed to I Maga’håga/Maga’låhi or directed to any of the person’s supervisors shall be treated as a non-revocable resignation as if it had been directed to an appointing authority. (d) In the case of appointments awaiting action by I Liheslatura for confirmation, either the appointing authority or the appointee may unilaterally request the Speaker of I Liheslatura to withdraw the nomination of the appointee, which withdrawal shall be effective immediately. Such a withdrawal of nomination shall have the effect of terminating any acting appointments for the position in question which the appointee may hold. (e) In the case of resignations by elected officials, every elected official except I Maga’håga/Maga’låhi and a senator, may submit a Resignation Letter to I Maga’håga/Maga’låhi . I Maga’håga/Maga’låhi may submit a Resignation Letter to the Speaker of I Liheslatura , and a senator may