GCA Title 4, Chapter 4
4 GCA PUBLIC OFFICERS AND EMPLOYEES CH. 4 PERSONNEL POLICY AND THE CIVIL SERVICE COMMISSION
CHAPTER 4 PERSONNEL POLICY AND THE CIVIL SERVICE COMMISSION
2024 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 5 GCA § 1510, I Sigundo Maga ’ hågan/Maga ’ låhen Guåhan means the ’ Lieutenant Governor of Guam ’ and I Sigundo Maga ’ håga/Maga ’ låhi means the ’ Lieutenant Governor. ’ Pursuant to 2 GCA § 1101, I Liheslaturan Guåhan means the ’ Guam Legislature ’ and I Liheslatura means the ’ Legislature. ’ NOTE: Unless otherwise noted, all sections within this chapter were added pursuant to P.L. 16-023 (Aug. 11, 1981), which repealed Chapter 1, Title 5 of the Government Code (Personnel Law), and added Chapter 4, Title 4 of the GCA, effective October 1, 1981.
4 GCA PUBLIC OFFICERS AND EMPLOYEES CH. 4 PERSONNEL POLICY AND THE CIVIL SERVICE COMMISSION
§ 4110.2. University of Guam - Sabbatical Leave. § 4111. Lump Sum Payment for Annual Leave.
- § 4112. Vacation Employment for Students.
- § 4113. Employment on Loan Basis.
- § 4114. Inter-Branch Employee Transfers.
- § 4115. Right of Petition.
- § 4116. Transfer of Employees.
- § 4117. Temporary Assignments.
- § 4118. Acting Capacity. § 4119. Military Leaves of Absence: National Guard or Reserves.
- § 4119.1. Military Family Leave Act. § 4120. Extended Hours.
- § 4121. Employment Identification Cards Issued to Minors.
- § 4122. Development of Personnel Rules and Regulations for Peace Officers of the Executive Branch. § 4123. Development of Personnel Rules and Regulations for Peace Officers of the Judicial Branch. § 4124. Prior Precedents Need Not Apply.
- § 4125. Volunteers in the Executive Branch.
- § 4126. Volunteers in the Legislative and Judicial Branches.
- § 4127. Blood Donors ’ Leave.
- § 4128. Sign Language and Foreign Language Interpreters.
- § 4129. Early Childhood Intervention Leave Act of 2016.
- § 4130. Employee Leave for Organ, Tissue, or Bone Marrow Donation.
- § 4131. Public Safety and Law Enforcement Officers ’ Line of Duty Death Benefit.
- § 4131.1. Public Safety and Law Enforcement Officers ’ Line of Duty Death Benefit Fund.
- § 4132. Leave Benefits for Retired Teachers on Contract.
§ 4101. Personnel Policy.
(a) [No text] (1) Employment in the service of the government of Guam shall be based upon merit, and selection and promotion of employees shall be free of personal or political consideration. (A) No person shall be discriminated against in an application for employment or promotion or dismissed from employment on account of honorably discharged veteran and military status, sexual orientation, race, color, age, religion, sex (including gender identity or expression), national origin, or physical or mental impairment. (B) No person shall be discriminated against in an application for employment or promotion or dismissed from employment because of the country where the college or university from which he received any degree or training is located. (C) All personnel actions, including appointments and promotions, shall be based, insofar as practicable, on competitive practical tests and evaluations. (D) Continuity of employment shall be dependent upon good behavior, satisfactory performance and availability of funds. (2) For the purpose of this Section, the terms sexual orientation, gender identity or expression, and veteran and military status are defined in § 5202 of Article 2, Chapter 5, 22 GCA. (b) [No text]
4 GCA PUBLIC OFFICERS AND EMPLOYEES CH. 4 PERSONNEL POLICY AND THE CIVIL SERVICE COMMISSION
(1) The Government shall initiate an Affirmative Action Program to assure that physically and mentally handicapped persons shall have an opportunity to obtain government employment. (2) The affirmative action program shall include job training programs for the handicapped and a continuing review of job and work requirements by the personnel agencies and the Director of Administration to assure no artificial impediments or discriminatory physical or mental requirements be established to thwart job applications submitted by handicapped persons. (c) [No text] (1) All new employment in the service of the government of Guam shall have, as a reasonable measure of job performance, the minimum requirement of a high school diploma or a successful completion of a General Education Development (GED) test or any equivalent of a general education high school program, apprenticeship program or successful completion of certification program, from a recognized, accredited or certified vocational technical institution, in a specialized field required for the job. (A) For entry-level positions, a formal nationally recognized foundational skills assessment shall be required for consideration for employment. (B) For government of Guam positions in which basic employment requirements are set forth by the U.S. Federal Government, a formal nationally recognized foundational skills assessment is preferred. (C) Positions in which a formal nationally recognized foundational skills assessment is preferred include, but are not limited to, all entry level positions, law enforcement positions, positions that deal with public safety, and other new employment positions identified and deemed necessary by the Director. (D) The Director shall implement rules and regulations that are aligned with local and federal employment laws. (2) This Subsection shall not be applicable to the Summer Youth Employment, and any person with a disability which prevents him or her from complying with this Section consistent with the Americans with Disabilities Act, or its successor laws. SOURCE: Added by P.L. 16-023:1 (Aug. 11, 1981). Subsection (a) amended by P.L. 28-112:2 (April 14, 2006), P.L. 29-019:VI:67 (Sept. 29, 2007), and P.L. 33-064:4 (Aug. 25, 2015). Subsection (b) amended by P.L. 28-068:IV:33 (Sept. 30, 2005) (eff. Jan. 1, 2006). Subsection (c) added by P.L. 26-087:2 (effective May 18, 2002); amended by P.L. 27-061:1 (Dec. 22, 2003), P.L. 29-100:2 (July 22, 2008), P.L. 29-113:VI:36 (Sept. 30, 2008), P.L. 31-254:2 (Dec. 11, 2012). 2024 NOTE: The Compiler has added ’ no text ’ to indicate a change in formatting only; the content of the provision has not been altered. 2018 NOTE: Subsection/subitem designations added/altered pursuant to authority granted by 1 GCA § 1606. 2016 NOTE: Subitem designations were added to adhere to the Compiler ’ s codification and alpha-numeric schemes pursuant to authority granted by 1 GCA § 1606. 2015 NOTE: P.L. 33-054:5 and 6 (Aug. 25, 2015) sets forth a religious exemption, codified at 1 GCA § 715, to the amendment to subsection (a) pursuant to P.L. 33-054:4 (Aug. 25, 2015). 2013 NOTE: Pursuant to P.L. 31-254:3 (Dec. 11, 2012), the Department of Administration was required to implement amendments to Subsection (c) by December 11, 2013.
§ 4101.1. Responsibilities of the Director of Administration Regarding Personnel Policy of the Government.
The Director of Administration shall perform the following functions:
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(a) Maintain and from time to time modify a general personnel policy for all government of Guam line agencies through the adoption of rules and regulations pursuant to the Administrative Adjudication Law; (b) Investigate conditions of government employment as he deems necessary, and report his findings thereon to I Maga ’ hågan/Maga ’ låhen Guåhan and I Liheslaturan Guåhan annually; (c) Administer the Equal Employment Opportunity Program for the Executive Branch of the government of Guam; (d) Maintain, post and keep current on the Department ’ s website a list of all classified and unclassified positions in the executive branch, including autonomous agencies and public corporations, showing the job description and pay range assigned to each position; (e) Make an annual report on July 1 on the status of the unified pay schedule required by § 6302 of this Title to I Maga ’ håga/Maga ’ låhi and the Speaker of I Liheslatura and post the report on the Department ’ s website; (f) Establish and maintain, in coordination with the Attorney General, a panel of hearing officers; (g) Take cognizance of compliance with the provisions of 4 GCA § 4101; (h) Coordinate the fielding of necessary computer software and the training of personnel to allow the agencies, departments and public corporations listed in § 4105(a) of this Title to assess and update the unified pay schedule required by § 6302(a) of this Title; (i) Delegate, at the Director ’ s discretion, such authority under such terms as are appropriate, to the agencies, departments and public corporations listed in § 4105(a) of this Title to assess and update the unified pay schedule required by § 6302(a) of this Title; and (j) Establish and appoint members from among the human relations professionals in the government of Guam to a Human Relations Officer Coordinating Council to advise the Director concerning the implementation and administration of the provisions of this Title. SOURCE: Added by P.L. 28-068:IV:46 (Sept. 30, 2005), effective January 1, 2006. Amended by P.L. 28-112:3 (April 14, 2006).
§ 4101.2. Authorization for the Director of the Department of Administration to Amend Specific Personnel Rules.
(a) Notwithstanding any other provision of law, or rule or regulation, the ’ Swift Appointment Modernization Act of 2021 ’ shall only apply to those Category 1 Peace Officer positions recognized in 27 GARR § 3103(a)(1), (2), (3), (4), (5), and (6). (b) Notwithstanding any other provision of law, or rule or regulation, and pursuant to the authorization granted in this Section, the Director of the Department of Administration (DOA) shall: (1) develop and implement a policy or amend the DOA Personnel Rules and Regulations within sixty (60) days from the enactment of the ’ Swift Appointment Modernization Act of 2021, ’ which shall authorize qualified law enforcement agencies and departments to request, in writing, a Certification List that consists of up to three (3) times the number of applicants as there are available funded vacancies for their respective agencies and departments; and (2) develop and implement a policy or amend Personnel Rules within sixty (60) days which shall authorize law enforcement agencies and departments to request, in writing, to continue interviews from the point of the last interviewed applicant prior to making the final selections. This request shall include the purpose for continuing interviews after a final selection was made, including, but not limited to,
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an agency ’ s inability to fill a position because a candidate declined the job offer. Requests for additional names for an interview shall be made within sixty (60) days from the last final selections made for a cycle of hiring which were submitted to DOA for further processing. SOURCE: Added by P.L. 36-005:3 (Mar. 5, 2021). 2021 NOTE: Subsection designations added pursuant to authority granted by 1 GCA § 1606.
§ 4102. Classified and Unclassified Services.
All offices and employment in the Government of Guam, except for employment as academic personnel of the Guam Community College (GCC) and the University of Guam (UOG), as the term academic personnel is defined in enabling laws of GCC and UOG, shall be divided into classified and unclassified services as follows: (a) The unclassified service shall include the positions of: (1) elective officials; (2) judges; (3) Superior Court marshal, chief clerk, chief probation officer and court administrator of the Superior Court; (4) heads of agencies and instrumentalities and not more than one (1) secretary for each such officer; (5) The first assistant, by whatever title denominated, to the heads of agencies and instrumentalities stated in paragraph (4) of this Subsection; (6) persons employed on a temporary basis; (7) members of boards and commission; (8) executive director of the Mayors ’ Council; (9) all offices and employment in the Executive Branch whose appointment are required to be confirmed by I Liheslaturan Guåhan ; (10) all offices and employment made, by law, to be at the pleasure of any board, commission or officer; (11) all legislative employees; (12) members of the Guam Gaming Commission; (13) physicians and health care administrators employed at the Guam Memorial Hospital Authority; (14) With the exception of civilian non-uniformed positions, all positions in the Department of Military Affairs, including the Executive Secretary and Executive Services Coordinator. (15) employees of the office of I Maga ’ håga/Maga ’ låhi and I Sigundo Maga ’ håga/Maga ’ låhi including off-island offices and Government House, as authorized in the applicable appropriation law. (16) Property Management Officer at the Department of Corrections. (17) persons employed on a seasonal basis.
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(18) not more than one (1) Special Assistant each to the Attorney General of Guam and the Public Auditor. (19) University of Guam student employees. (b) The classified service shall include all other positions in the government of Guam. (c) Notwithstanding any law or rule to the contrary, employment as academic personnel of the Guam Community College and the University of Guam shall be governed by rules adopted by the Board of Trustees and the Board of Regents, respectively, in order to provide academic freedom and autonomy to the institutions, as intended by P.L. 14-077 as to GCC, and P.L. 19-040 as to UOG. (d) Notwithstanding any other provision of law there shall be no other personnel classifications in the government of Guam, other than the classified and unclassified services as set forth in this Section. The Director of Administration shall not create any unclassified positions. The Civil Service Commission shall hear no appeal regarding the creation of a new position. SOURCE: Added by P.L. 16-023:1 (Aug. 11, 1981). Subsection (a) amended by P.L. 16-041:1 (Sept. 28, 1981), amended by P.L. 16-111:23 (Oct. 7, 1982), P.L. 16-120:14 (Dec. 17, 1982), and P.L. 17-005:1 (Apr. 21, 1983); subsection (a)(5) amended by P.L. 18-015:48 (Sept. 28, 1985). Subsection (b) amended by P.L. 17-005:2 (Apr. 21, 1983); Subsection (a)(16) added by P.L. 20-132:9 (Jan. 24, 1990); subsection (a)(15) repealed and reenacted by P.L. 21-017:3 (May 8, 1991). Entire section was amended by P.L. 23-026:1 (June 6, 1995). Subsection (