Moving from Unclassified to Classified Position

No government of Guam official or employee who occupies an unclassified position within the government of Guam, (including positions on boards and commissions which are paid a stipend for each meeting attended), may fill a permanent classified position with the government of Guam for a period of one hundred eighty (180) days following termination of his or her employment at the unclassified position; provided, however, that such a former unclassified official or employee may be hired to fill a critical, but vacant, classified position during such one hundred eighty (180) day period, but such appointment may not be made permanent during such one hundred eighty (180) day period, and the person shall be subject to dismissal without cause during the one hundred eighty (180) day period in the same manner as an unclassified employee, notwithstanding any other law, or rule, or regulation of the government of Guam to the contrary. SOURCE: Added as § 2103e by P.L. 22-108:6 (Apr. 1, 1994), renumbered pursuant to 1 GCA § 1606. AG OPINION: This section is a violation of the equal protection provisions of the U.S. Constitution through the Organic Act, and is also a Bill of Attainder. AG Opin. #DOA 94 0875 (Aug. 5, 1994).