GCA Title 5, Chapter 3
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CHAPTER 3 DEPARTMENTS OF THE GOVERNMENT
NOTE: A number of the newer agencies were created by laws found within the portions of the Government Code containing substantive provisions governing those agencies. In order to make this Chapter genuinely useful, and to make it a true indication of all of the Departments of the government regarded as such, the Compiler has placed within this Chapter both those sections placed in the § 5100 series of the Government Code and those other sections creating departments, even though the sections were originally placed elsewhere. The Compiler has used as a guide as to the appropriate departments of the government, those departments whose directors are listed in 4 GCA, § 6206B, Departments of the Government of Guam.
- Article 1. The Executive.
- Article 2. Judiciary.
ARTICLE 1 THE EXECUTIVE
- § 3101. Department of Administration.
- § 3101.1. Public Transportation Services.
- § 3102. Department of Law.
- § 3103. Guam Police Department.
- § 3104. Reinstatement of Fire Chief to Previous Position or Position Qualified For.
- § 3105. Guam Fire Department.
- § 3106. Department of Public Works.
- § 3107. Department of Education.
- § 3108. Department of Agriculture.
- § 3109. Department of Land Management.
- § 3110. Department of Commerce. [Repealed.]
- § 3111. Department of Public Health and Social Services.
- § 3112. Department of Labor.
- § 3113. Department of Corrections.
- § 3114. Department of Revenue and Taxation.
- § 3115. Department of Parks and Recreation.
- § 3116. Guam Community College.
- § 3117. Department of Youth Affairs.
- § 3118. Department of Military Affairs.
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- § 3119. Council on the Arts & Humanities.
- § 3120. Agency for Human Resources Development. [Repealed.]
- § 3121. Guam Behavioral Health and Wellness Center.
- § 3122. Guam Public Library.
- § 3123. Public Utility Agency. [Repealed.]
- § 3124. Civil Service Commission.
- § 3125. Civil Defense.
- § 3126. Vocational Rehabilitation.
- § 3127. Customs and Quarantine Agency.
- § 3128. Guam Museum.
- § 3129. Komitea Para Tiyan.
- § 3130. Annual Public Hearing Requirements on Fee Schedules.
- § 3131. Better Customer Service Policy - ‘Move to the Front of the Line’.
- § 3132. Agency Operation Continuity Plans.
§ 3101. Department of Administration.
There is within the Executive Branch of the government of Guam a Department of Administration. The Director of Administration is the head of the Department of Administration. The Director of Administration is appointed by I Maga’lahi (the Governor) with the advice and consent of I Liheslatura (the Legislature). Except for private parking facilities, and for parking facilities maintained and operated by the A. B. Won Pat International Airport Authority Guam, DOA shall have exclusive franchise within the government of Guam for the collection of fees for the furnishing of public parking within Guam. It is the duty of the Director of Administration to support an adequate public educational system as required by Section 29(b) of the Organic Act, as amended. SOURCE: GC § 5100, amended by P.L. 10-9. Repealed and re-enacted by P.L. 26-76:24. Amended by P.L. 28-045:9, effective, Oct. 1, 2005 in accordance with P.L.28-045:23. NOTE : P.L. 26-093:3 (May 31, 2002) states: References to the Antonio B. Won Pat International Airport. Any and all references to the A. B. Won Pat Guam International Airport in the laws of Guam are hereby amended
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to read the ‘Antonio B. Won Pat International Airport, Guam,’ or the A Won Pat International Airport, Guam.
§ 3101.1. Public Transportation Services.
There is, within the Department of Administration, a Division of Public Transportation Services. The Director of Administration shall be the only government official to provide and contract for public transportation on Guam’s roads and highways. (a) Any individual, business or organization providing public transportation services pursuant to a contract with the Division of Public Transportation Services of the Department of Administration shall: (1) Ensure that each of its employees, e.g. driver, dispatcher, or transport care attendant, who works directly with the public complete, within six (6) months after it executes said contract, a minimum of sixteen (16) hours of passenger assistance training. Said training shall ensure that the employee possesses a general knowledge and understanding of working with public, to include the proper treatment of customers, including children, senior citizens, disabled persons and others users of the public transportation; (2) Ensure that each of its employees who work directly with the public complete a passenger assistance training course every year following the initial training mandated by subsection (1) hereof, of no less than four (4) hours of training on the proper provision of services, changes in relevant law, changes in applicable technology and the like. (3) Ensure that no employee who has not completed the training required by subsections (1) and (2) hereof works directly with the public. (4) Provide the Director of Administration with a police clearance for each employee who works directly with the public.
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(5) Bear the cost of providing the training required by this section. (b) The Director of Administration shall incorporate the training and certification required by subsection (a) hereof in all bids and contracts regarding transportation services. Noncompliance by a contractor with said requirements shall be grounds for the termination of such a contract. (c) The Director of Administration and the University of Guam and the Guam Community College shall cooperate to create the training programs required by subsection (a) hereof. The University or College shall provide a written certificate to persons who complete said programs, their respective employers and the Director of Administration. (d) The Director of Administration, through the Division of Public Transportation Services, shall ensure compliance with this section and shall annually assess the contractor’s compliance herewith. The Director shall report on said compliance and shall transmit said report to the contractor, I Maga’lahen Guåhan and I Liheslaturan Guåhan no later than January 30th of each year. SOURCE: Added by P.L. 29-019:VI:59 (Sept. 29, 2007). 2019 NOTE: The authority over public transportation, granted by this provision to the Division of Public Transportation Services of the Department of Administration, directly conflicts with Chapter 6 of Title 12, GCA, which was reenacted by P.L. 30-005:2 (Mar. 13, 2009). Pursuant to P.L. 30-005:2, the Guam Regional Transit Authority (GRTA) was established and ’ shall have the exclusive franchise for the furnishing of public transportation within Guam and on its roads and highways.’ P.L. 30-005 did not expressly repeal this provision; however, it arguably may have effectuated a repeal by implication.
§ 3102. Department of Law.
There is within the Executive Branch of the government of Guam, the Office of the Attorney General. The Attorney General is head of the Office of the Attorney General and Chief Legal Officer of the government of Guam. SOURCE: GC § 5101. Repealed and reenacted by P.L. 13-117:1 (Dec. 27, 1975) and P.L. 16-072:10 (Mar. 5, 1982). Amended by P.L. 29-019:VI:51 (Sept. 29, 2007).
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COMMENT: P.L. 16-72:10 amended this section by splitting from the Department of Law an Office of the Territorial Prosecutor. However, § 20 provided that ‘if any provision of this Act … is held invalid and the invalidity substantially affects other provisions or applications of the Act, then the provisions of this Act shall not be severable and the entire Act shall expire by operation of law. Provisions of existing statutes repealed or amended by this Act shall then be automatically revived.’ A substantial provision of the Act, §1 providing for the term of the Prosecutor and limiting the Governor’s power of removal, was declared invalid, thus nullifying the whole act and reverting the law to its previous condition. Territorial Prosecutor for the Territory of Guam, People of the Territory of Guam, Petitioners, v. Superior Court of Guam, Respondent, Peter M. Perez, et al., Real Parties in Interest, D.C. Civ. App. 82-0215, D.C. Guam, App. Div. May 26, 1983.
§ 3103. Guam Police Department.
There is within the Executive Branch of the government of Guam the Guam Police Department. SOURCE: GC § 5102 as amended by P.L. 10-91; P.L. 17-78:1; P.L. 1813:1. P.L. 24-034:3 (May 14, 1997) repealed provisions of this section that were inconsistent with the act and created a new Chapter 77 within Title 10, governing the Guam Police Department. 2019 NOTE: Past publications of the GCA indicated that this provision had been repealed in its entirety; however, P.L. 24-034:3 (May 14, 1997) stated: ‘All provisions of Title 5 GCA § 3103 inconsistent with this Act are repealed.’ The first sentence was not inconsistent and thus, will be included in future publications. Provisions that were inconsistent were repealed. COMMENT: P.L. 17-78 split the Fire Department from the old Department of Public Safety, leaving the new Guam Police Department. P.L. 18-13 specified qualifications for the Chief of Police. The substantive law governing the Guam Police Department is found in Titles 8, 9, and 10 of this Code. NOTE: § 3103.1- § 3103.3 and §3103.4 added by P.L. 24-240 and P.L. 24-241, respectively, re-codified as § 77201- § 77203 and § 77301, Articles 2 and 3, respectively, Chapter 77, Title 10 GCA.
§ 3104. Reinstatement of Fire Chief to Previous Position or Position Qualified For.
Notwithstanding any other provision of law, a person who is an active classified employee of the Guam Fire Department
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immediately prior to appointment by I Maga’lahen Guåhan (the Governor) and confirmation by I Liheslaturan Guåhan (the Legislature) to be Fire Chief shall, if not removed for cause, be reinstated to the position he or she previously held immediately prior to such appointment, or to an equivalent position, upon the expiration of his or her appointment as Fire Chief. SOURCE: GC § 5102.1 added by P.L. 18-13:2. Amended by P.L. 28150:V:43 (Sept. 30, 2006), entitled ‘Reinstatement of Chief of Police and Fire Chief to Classified Position.’ Repealed by P.L. 30-202:6 (Nov. 30, 2010). Added by P.L. 32-203:3 (Oct. 13, 2014). NOTE: This provision is effective retroactively to January 1, 2011 pursuant to P.L. 32-203:7.
§ 3105. Guam Fire Department.
There is within the Executive Branch of the government of Guam a Guam Fire Department. The Fire Chief is the head of the Department. (a) The Fire Chief is appointed by I Maga’lahen Guåhan (the Governor) with the advice and consent of I Liheslaturan Guåhan (the Legislature), and shall meet the following qualifications: (1) must have a Bachelor’s degree in Fire Science or Public Administration, or a closely related field or discipline, at an accredited institution; and (2) have at least ten (10) years of experience in fire control, including control and extinguishment of fires and fire prevention, of which two (2) years must be served in a position equivalent to Battalion Chief or higher; or (3) must have an Associate’s degree in Fire Science, or a closely related field or discipline, at an accredited institution; and (4) have at least fifteen (15) years of experience in fire control, including control and extinguishment of fires and fire prevention, of which four (4) years must be served in a position equivalent to Battalion Chief or higher.
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(b) Compensation of Fire Chief. Notwithstanding any other provision of law, a person appointed by I Maga’lahen Guåhan (the Governor) and confirmed by I Liheslaturan Guåhan (the Legislature) to be Fire Chief, and who at the time of appointment is an active member of the classified service shall receive a salary established by the government of Guam compensation schedule for heads of agencies, or a salary equivalent to the three (3) year average of the annual income earned immediately prior to appointment as Fire Chief, whichever is greater. Said three (3) year average shall be reviewed annually to determine if mandated pay increases would have affected the three (3) year average. SOURCE: GC § 5115 added by P.L. 17-78:2. Amended by P.L. 23-043:2 (Oct. 5, 1995). Amended by P.L. 32-203:2 (Oct. 13, 2014). 2014 NOTE: The amendment of P.L. 32-203:2 is effective retroactively to January 1, 2011 pursuant to P.L. 32-203:7. NOTE: P.L. 17-078 created the Guam Fire Department. The substantive law governing the Guam Fire Department is found in 10 GCA Chapter 72.
§ 3106. Department of Public Works.
There is within the Executive Branch of the government of Guam a Department of Public Works. The Director of Public Works is the head of the Department of Public Works. The Director of Public Works is appointed by the Governor with the advice and consent of the Legislature. SOURCE: GC § 5104 amended by P.L. 10-91.
§ 3107. Department of Education.
There is within the Executive Branch of the government of Guam a Department of Education. It is the mission of the Department of Education and the duty of all public officials of the Executive Branch of the government of Guam to provide an adequate public educational system as required by §1421g(b) of Title 48 of the United States Code, the Organic Act of Guam, as amended, and to that end provide an adequate public education for all public school students as those terms are defined at 1 GCA § 715; and to effectuate an increase in the academic performance and standardized testing results of all public school students as
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measured annually by standards and assessments adopted by the Guam Education Board. SOURCE: GC § 5105, amended by P.L. 13-008:1 (Apr. 12, 1975), P.L. 28-045:10 (June 6, 2005), and P.L. 33-013:1 (Apr. 1, 2015). NOTE: The Legislature re-created the elected Board of Education by P.L. 22-42, the first election for which took place on November 8, 1994. In P.L. 22-42, the Legislature amended 17