GCA Title 5, Chapter 20
Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Organization Office of Technology [renumbered as 5 GCA Ch. 1, Art. 12.1] Educational Personnel Development and Training Act Patents, Trademarks and Copyrights Surplus Property (Federal) Records Management Act
5 GCA GOVERNMENT OPERATIONS
CH. 20 DEPARTMENT OF ADMINISTRATION
DIVISION 2
LAWS APPLICABLE TO EXECUTIVE BRANCH
CHAPTER 20 DEPARTMENT OF ADMINISTRATION
ARTICLE 1
ORGANIZATION
§ 20101. Title.
This Chapter may be cited as the Department of Administration Law. SOURCE: GC § 6000 repealed and reenacted by P.L. 11-219 (Jan. 17, 1973). COMMENT: The word act in P.L. 11-219 changed by Compiler of Laws to conform the usages of the Guam Code Annotated.
§ 20101.1. Director of Administration to Pay COLA Awards.
[Repealed.]
SOURCE: Added by P.L. 28-151:3 (Oct. 31, 2006). Repealed by P.L. 29-004:16 (Sept. 6, 2007). NOTE: This section was added by P.L. 28-151 in relation to the authorization of the Governor to make COLA payments pursuant to Rios v. Camacho, Superior Court Case No. SP0206-93. Pursuant to P.L. 28-151, this section ‘shall be repealed and cease to be of any further force and effect upon the Superior Court’s determination in SP0206-93 that all COLA awards have been paid over.’
§ 20101.2. Duties of Director of Administration Regarding COLA Awards.
[Repealed.]
5 GCA GOVERNMENT OPERATIONS CH. 20 DEPARTMENT OF ADMINISTRATION
SOURCE: Added by P.L. 28-151:4 (Oct. 31, 2006). Repealed by P.L. 29-004:17 (Sept. 6, 2007). NOTE: This section was added by P.L. 28-151 in relation to the authorization of the Governor to make COLA payments pursuant to Rios v. Camacho, Superior Court Case No. SP0206-93. Pursuant to P.L. 28-151, this section ‘shall be repealed and cease to be of any further force and effect upon the Superior Court’s determination in SP0206-93 that all COLA awards have been paid over.’
§ 20102. Definitions.
- (a) Director means the Director of Administration.
- (b) Department means the Department of Administration SOURCE: GC § 6001 renumbered from § 54151 by P.L. 11-219 (Jan. 17, 1973).
§ 20103. Transfer of Duties.
Except as otherwise specifically provided, the Department does hereby assume all the powers, duties and responsibilities of the Department of Finance as set out in this Title and the Department of Labor and Personnel as set out in Title 4 Guam Code Annotated. The Department shall also be responsible for administering the Records Management Law [Art. 6 of this Chapter]. SOURCE: GC § 6003 renumbered from § 54153 by P.L. 11-219 (Jan. 17, 1973). 2024 NOTE: The Automatic Data Processing Program, Article 2 of this Chapter, was repealed by P.L. 32-010:1 (Apr. 11, 2013), and the reference to this article has been removed.
§ 20104. References.
All references in this Code to the Department of Finance shall mean and be read as Department of Administration and all references therein to the Director of Finance shall mean and be read as Director of Administration. All references in Title 4 of this Code to the Department of Labor and Personnel shall mean and be read as Department of Administration and all references therein to the Director of Labor and Personnel shall mean and be read as Director of Administration. All references in any contract, Executive Order, rule, regulation, or document to the Department of Labor and Personnel or Director of Labor and Personnel shall mean and be read as Department of Administration and Director of Administration, respectively. All references to the Department of Finance or Director of Finance in any contract, Executive Order, rule, regulation or document dealing with the functions herein transferred shall mean and be read as the Department of Administration and Director of Administration, respectively. Unless otherwise provided, every reference in law, order or regulation to the department or office of Records and Accounts shall be construed to mean the Department of Administration and every reference to the head of the department or office of Records and Accounts shall be construed to mean the Director of Administration. SOURCE: GC § 6004 renumbered from § 54154 by P.L. 11-219 (Jan. 17, 1973). COMMENT: All references have been changed as directed by this Section in the Guam Code Annotated.
§ 20105. Organization and Personnel.
(a) The Director may establish such divisions or other organizational units as he may determine to be necessary for the efficient and effective administration and operation of the Department. Each such division or organizational unit shall be subject to the supervision and direction of the Director and shall have jurisdiction of such matters, exercise such powers, and perform such duties as may be assigned to it by the Director or otherwise by applicable law. (b) The Director may appoint and remove officers and other employees within the Department in accordance with the provisions of the Personnel and Compensation Laws (Title 4 of this Code).
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CH. 20 DEPARTMENT OF ADMINISTRATION
(c) The Director may delegate authority for the performance of any of his powers or duties to any officer or employee under his direction and supervision. SOURCE: GC § 6005 renumbered from § 54155 by P.L. 11-219 (Jan. 17, 1973).
§ 20106. General Powers and Duties of Director.
As head of the Department, the Director
- (a) shall administer the Department; (b) shall exercise and discharge the powers and duties of the Department through such divisions or other organizational units as he may establish pursuant to this Division or as otherwise provided by law; (c) shall enforce the provisions of this Division and of any other laws imposing any power, duty or other function upon the Department; and (d) may formulate and adopt rules necessary or proper for the internal administration of the Department. (e) The Director of Administration shall establish and maintain a list of all government employees who are sex offenders, as that term is defined in § 4203.3 of Article 2, Chapter 4 of Title 4 Guam Code Annotated, and identify those employees who are assigned to positions which require public contact. The Director shall determine the positions in the classified service not requiring public contact for which those employees are qualified and eligible. The Director shall notify each employee determined to be eligible for a position or of positions of his or her eligibility and allow the employee to voluntarily transfer to a position not requiring public contact. SOURCE: GC § 60006 renumbered from § 54156 and amended by P.L. 11-219 (Jan. 17, 1973). Subsection (e) added by P.L. 28-098:3 (Feb. 7, 2006).
§ 20107. Transfer of Records and Equipment.
Upon the transfer of functions as provided in this Law, all contracts, books, records, papers, maps, plans, documents, property and pending business heretofore made, used and acquired or conducted by the Departments of Labor and Personnel and Finance in the exercise of the functions transferred shall be transferred to the Department of Administration. SOURCE: GC § 6007 renumbered from § 54157 by P.L. 11-219 (Jan. 17, 1973).
§ 20108. Transfer of Officers and Employees.
[Repealed.] SOURCE: GC § 6008 renumbered from § 54158 by P.L. 11-219 (Jan. 17, 1973). Repealed by P.L. 28-068:IV:43 (Sept. 30, 2005), effective January 1, 2006.
§ 20109. Effective Date.
This Chapter shall take effect upon its passage and approval, but in order that there be no interruption of the administrative business of the government, the Governor may, for a period of not to exceed six months, postpone the actual transfer of all or a portion of the functions here involved until such time as the organization herein provided for can be put into full force and effect. Except as otherwise provided, all officers, their subordinates and employees whose functions are preserved by this Chapter, shall continue to perform the same from the time this Chapter takes effect in like manner as though they had been appointed or employed after the passage of this Chapter until successors to said functions and duties are appointed and qualified.
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SOURCE: GC § 6009 renumbered from § 54159 by P.L. 11-219 (Jan. 17, 1973). Original Dept. of Administration Act was enacted by P.L. 9-239.
§ 20110. Schedule of Fees of Copies.
The Director of Administration, notwithstanding any other provision of law, is authorized and directed to collect the following fees for the furnishing of certified, authenticated, or photocopied copies of records, documents, receipts, or other papers: All laws inconsistent with the provisions of this section are hereby repealed to the extent of such inconsistency. SOURCE: GC § 6114 added by P.L. 3-020 (Jul. 15, 1955). Repealed by P.L. 18-047:2 (Jan. 2, 1987); however, P.L. 19005:139 (Aug. 21, 1987) repealed P.L. 18-047. COMMENT: Notwithstanding the express repeal of this section by P.L. 18-047:2, the previous Compiler found that this section was revived upon the enactment of P.L. 19-005 (Aug. 21, 1987). The common law rules of statutory construction apply in Guam pursuant to 1 GCA § 700. ‘Under the common law rules of interpretation, the repeal of a repealing statute revives the original enactment where such repeal is accomplished by express provision.’ Sutherland Statutory Construction, 7th ed., § 23:32 (2009). P.L. 19-005:139 expressly repealed P.L. 18-047, but did not include a provision addressing the schedule of fees for copies; therefore, the original enactment (codified as 5 GCA § 20110) was revived. CROSS REFERENCE: 5 GCA § 10203 (Charges for Copying Government Documents).
§ 20111. Payroll Deductions and Marketing within Government.
(a) Payroll Deduction. The government of Guam may provide payroll deduction services to employees of the government as requested by an employee; however, if payroll deduction services are provided for payment to one of a class of businesses, it must be provided for payment to all members of the class. Notwithstanding any other provision to the contrary, upon request by an employee of an agency or instrumentality of the government of Guam, the relevant personnel office for the agency or instrumentality shall provide a payroll deduction service for such employee to contribute to a 501(c)(3) non-profit registered with the Department of Revenue and Taxation. Such deductions shall be reported on a cumulative basis on the pay stub of the employee, and shall be reported as a cumulative total on the employee’s W-2. Government of Guam employers shall make available a list of qualified 501(c)(3) registered non-profits as a physical copy or electronic format to government employees upon request. The list provided for in this Subsection shall be compiled from the current list of 501(c)(3) non-profit organizations registered with the
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CH. 20 DEPARTMENT OF ADMINISTRATION
Department of Revenue and Taxation not later than ninety (90) days from the enactment of this Act. Thereafter, the list of non-profits shall be updated annually by January 1st. (b) Exclusivity of Marketing. The government of Guam may provide the opportunity for employees to have access to the marketing of certain products during working hours at government facilities; however, if this access is provided for one of a class of products, it must be provided for all members of the class. All 501(c)(3) organizations registered with the Department of Revenue and Taxation may be provided access to market their programs during working hours and on government facilities. All such marketing programs shall not interrupt the provision of government services. SOURCE: Added by P.L. 21-003:III:69(d) (Apr. 17, 1991). Amended by P.L. 32-118:3 (Feb. 10, 2014). 2014 NOTE: Pursuant to P.L. 32-118:1, this Act shall be cited as the ‘Non-Profit Payroll Deduction Act.‘
ARTICLE 2 OFFICE OF TECHNOLOGY
SOURCE: Added by P.L. 13-096:2 (Nov. 15, 1975) as Chapter XI of Title VII of the Government Code, entitled ‘Automatic Data Processing.’ Codified by the Compiler as Article 2, Chapter 20 of Title 5 GCA. Repealed and added by P.L. 32-010:1 (Apr. 11, 2013), entitled ‘Office of Technology.’ Repealed by P.L. 34-076:1 (Feb. 9, 2018). ‘Office of Technology’ was added as 5 GCA Chapter 1, Article 11 by P.L. 34-076:2 (Feb. 9, 2018), renumbered to 5 GCA Chapter 1, Article 12.1 by the Compiler pursuant to the authority of 1 GCA § 1606.
ARTICLE 3 EDUCATIONAL PERSONNEL DEVELOPMENT AND TRAINING ACT
SOURCE: Added by P.L. 13-096:3 (Nov. 15, 1975) as Chapter XII of Title VII of the Government Code, entitled ‘Training and Development.’ Codified by the Compiler as Article 2, Chapter 20 of Title 5 GCA. Repealed and reenacted by P.L. 23122:3 (Sept. 9, 1996).
- § 20301. Title: Purpose.
- § 20302. Director of Administration.
- § 20303. Duties of the Director.
- § 20304. Continuing Education for Accountants.
- § 20305. Rules and Regulations.
- § 20306. Participation of Department of Education, Guam Community College, and University of Guam.
§ 20301. Title: Purpose.
This Article shall be cited as the Educational Personnel Development and Training Act. Its purpose is to improve the ability of officers and employees of Department of Education, Guam Community College, and University of Guam to perform the duties to which they have been assigned and to increase the capacity of educational employees and officers to assume broader responsibilities through training and development opportunities. 2009 NOTE: P.L. 28-045:10 (June 6, 2005) changed the name of the Department of Education to the Guam Public School System. The passage of P.L. 30-050:2 (July 14, 2009) reverted the name to the Department of Education.
§ 20302. Director of Administration.
The Director of Administration, hereinafter referred to as the ‘Director’ shall establish and administer effective training and development programs for the employees of departments and agencies of the
5 GCA GOVERNMENT OPERATIONS CH. 20 DEPARTMENT OF ADMINISTRATION
government of Guam except for those departments and agencies who are exempted from the provisions of this Act as set forth in § 20305 of this Article.
§ 20303. Duties of the Director.
The Director shall, with due regard to the functions and mandates of the agencies concerned, provide training for skills enhancement and job advancement of employees in certain departments and agencies; provide training facilities and logistical support for government-wide employee training as needed; establish and administer supervisory and management development programs; apply for and administer federal grants which provide for personnel t