Title 4 — Public Officers and Employees

No person shall be employed as a peace officer as defined in 8 GCA § 5.55(c), (d), (e), (f), (g), (h), (i), (j), (k), (l), (m), (n), (o) and (p) who has been previously convicted of a felony in any civilian or military court, a crime involving moral turpitude, a crime of domestic…

Managerial and Supervisory Positions.

Government of Guam. No person convicted of a sex offense under the provisions of Chapter 25 of Title 9 Guam Code Annotated, or an offense as defined in Article 2 of Chapter 28, Title 9 GCA in Guam, or an offense in any jurisdiction which includes, at a minimum, all of the element…

Whenever there are already two (2) or more members of an immediate family in the public service under the same department of any branch of the Government, no other members of such family shall be eligible to appointment to any such department; provided, however, that such prohibi…

(a) Preferences, conditions and prohibitions concerning employment in the Government shall conform with the provisions of the Organic Act of Guam. No person shall be discriminated against in connection with any of the processes provided for by this Chapter or in the rules adopted…

In addition to appropriate administrative actions, any violation of the provisions of this Chapter is a petty misdemeanor. SOURCE: § 4135 GCA, as reenacted by P.L. 16-023:1 (Aug. 11, 1981).

[Repealed.] SOURCE: P.L. 17-004:8 (April 7, 1983), codified by the Compiler; amended by P.L. 17-005:13 (April 21, 1983). Amended by P.L. 28-068:IV:42 (Sept. 30, 2005), effective January 1, 2006. Amended by P.L.31-181:1 (Feb. 3, 2012), effective (60) days from date of enactment. R…

Notwithstanding any other provision of law, any reduction in force shall safeguard the health, safety, and education of the island and shall ensure maintenance of effort levels and sustainability of federally funded programs at no less than current levels. I Maga’håga/Maga’låhi o…

The provisions of § 4207 shall not apply to provisional appointments. SOURCE: P.L. 17-004:9 (April 7, 1983), codified by the Compiler.

[Repealed.] SOURCE: Added by P.L. 23-055:1 (Dec. 5, 2005). Repealed by P.L. 24-069:1 (Sept. 30, 1997). ARTICLE 3 GROUP BENEFITS

(a) I Maga’håga/Maga’låhi is authorized to enter contracts and reject proposals, with the written concurrence of the Speaker of I Liheslaturan Guåhan or the Chief Justice of the Supreme Court of Guam whose consents may be withheld in their sole discretion, with insurance companie…

(a) “Health Insurance Providers” are all companies or other legal entities providing or applying to provide health insurance or the provision of healthcare to government employees and retirees, and foster children. (b) “HIPAA” is the federal law called Health Insurance Portabilit…

(a) All companies or other legal entities providing or applying to provide health insurance or the provision of health care to government of Guam employees and foster children shall make their audited financial statements available to the Director of Administration annually. Such…

(a) Legislative Findings and Intent. (1) I Liheslaturan Guåhan finds that during these challenging economic times, it is important that we make the most of every opportunity to bring affordable health insurance that will benefit the Government of Guam (GovGuam) active employees a…

Accounts, Herein Referred to as “Trust Fund Accounts.” (a) The Trust Fund Accounts are hereby created and shall not be commingled with the General Fund or any other funds of the government of Guam; (b) A separate bank account for all Trust Fund Accounts shall be established for e…

(a) There is hereby created, separate and apart from other funds of the government of Guam, a fund known as the Section 2718 Fund (hereinafter Fund). The Fund shall be separate and apart from all other funds of the government of Guam, shall be kept in a separate bank account, and…

The Insurance and Banking Commissioner of Guam, in a manner compliant with the Patient Protection and Affordable Care Act, shall pay or cause to be paid, rebates to all eligible subscribers of the Government of Guam Group Health Insurance Program as required by § 2718 (b)(1)(A) o…

(a) I Maga’håga/Maga’låhi is authorized to enter into contracts with one or more insurance companies authorized to do business in Guam for Group Life Insurance for all employees or separate groups of employees for the government of Guam. (b) Participation by employee, as employee…

(a) I Maga’håga/Maga’låhi is authorized to enter into contracts with one or more insurance companies authorized to do business in Guam for group automobile insurance for all employees, or separate groups of employees of the government of Guam, for the insurance of their private v…

(a) I Maga’håga/Maga’låhi is authorized to enter into contracts with one or more insurance companies authorized to do business in Guam for home mortgage insurance for all employees or separate groups of employees of the government of Guam. (b) All participation by employees in su…

(a) I Maga’håga/Maga’låhi or designee shall obtain, on behalf of the employees of the Government, false arrest insurance on a competitive basis for the employees for any false arrest, assault and battery, false imprisonment or malicious prosecution in the course of the employee’s…

(a) The Government, with the consent of the employee which consent may be withdrawn at any time, may provide payroll deductions for the making of any payments authorized by this Article and the making of mortgage payments by government employees on home or appliance loans obtaine…

If an employee has authorized a payroll deduction pursuant to § 4307 of this Title and the government fails to pay the payee the amount of the deduction on the day the paycheck is given the employee, then the government shall pay interest and penalty charges as provided in this S…

(a) There is established, in and for the government of Guam, a Civil Service Commission composed of seven (7) members appointed by I Maga’håga/Maga’låhi with the consent of I Liheslatura. The members shall serve for a term of six (6) years and until their successors are appointed…

The quorum of the Commission shall be four (4) members. The affirmative vote of four (4) members shall be required for any action of the Commission. The Commission may adopt rules to govern its procedures and the standards to be maintained by non attorney representatives; provide…

The Commission has the following duties, powers and responsibilities: (a) It shall investigate conditions of government employment as it deems necessary and report its findings and recommendations to I Maga’håga/Maga’låhi and I Liheslatura annually, and also post such reports on …

The Chairperson of the Civil Service Commission or the Executive Director, upon his own initiative, upon the request of any member of the Commission, or upon the request of any party before the Commission, may summon in writing any person to attend before a meeting of the Commiss…

(a) The Executive Director of the Commission shall be appointed by the Civil Service Commission with the approval of I Maga’håga/Maga’låhi and with the advice and consent of I Liheslatura. (b) The Executive Director may, with Commission approval, hire such professional, clerical,…

(a) Notice of Adverse Action. An employee in the classified service who is dismissed, demoted, or suspended shall be given immediate notice of the action, together with a specific statement of the charges upon which such action is based in the manner required by Article 2 of this…

If an employee in the classified service retains an attorney to represent him or her before the Civil Service Commission or other applicable administrative body to challenge an adverse action brought against the employee, and the employee prevails in whole or in part before the C…

In order to assist in case management and promote timeliness in the resolution of matters before the Commission, I Liheslatura establishes the following Time Standards, which the Commission shall attain in all cases filed with the Commission after the effective date of this Act: …

(a) Upon the hearing of any adverse action appeal, the burden of proof shall be upon the government to show clearly and convincingly that the action of the Branch, department, agency or instrumentality was correct. (b) Upon the hearing of a grievance, discrimination complaint or …

The Civil Service Commission may seek enforcement of its decisions and orders in all decisions and orders in all matters permitted by this Title by application to the Superior Court for the appropriate remedy. In seeking enforcement of its decisions and orders, the application fo…

The rules of the Commission are subject to the Administrative Adjudication Law. SOURCE: § 4178 GCA, as reenacted by P.L. 16-023:1 (Aug. 11, 1981). Repealed and reenacted by P.L. 26-088:5 (May 17, 2002).

(a) The Commission shall have the authority to slot an on-going scheduled hearing into an open hearing date should a sooner hearing date become available provided that: (1) Both sides agree; and (2) The original public notice for the initial hearing met the requirements of the Op…

(a) There is hereby created the Civil Service Commission Revolving Fund, which shall be accounted for separately from the General Fund. Monies in the revolving fund shall not lapse at the end of a fiscal year but shall roll-over until used by the Commission. (b) All monies receiv…

I Liheslaturan Guåhan finds that the people of Guam are entitled to information about the workings of the government in order to reduce the waste and mismanagement of public funds, to reduce abuses in government authority, and to prevent illegal and unethical practices. I Lihesla…

As used in this Article, unless the context otherwise requires: (a) “Agency” means any board, commission, department, division, section or other agency of the Executive, Legislative or Judicial Branch of the government of Guam. (b) “Disciplinary action” means any direct or indire…

(a) Except as provided in Subsection (b) of this Section, no appointing authority or supervisor shall initiate or administer any disciplinary action against an employee on account of the employee’s disclosure of information. This Section shall not apply to: (1) An employee who di…

(a) Any employee in the classified service may file a written complaint with the personnel board alleging a violation of § 4503 of this Article, if the employee demonstrates that reasonable communication to his supervisor, appointing authority or member of I Liheslaturan Guåhan h…

(a) It shall be a misdemeanor to take any disciplinary action, as defined in § 4502(b) of this Chapter, against any unclassified employee who discloses to a superior, a local or federal law enforcement officer, the Attorney General’s Office, or a member or committee of I Liheslat…

Any employee not in the classified service, or any employee in the classified service who has filed a complaint under § 4504 (a) but no reasonable basis was found for the charges, may bring a civil action in the District Court alleging a violation of § 4503 of this Article. If th…

Whenever the personnel board finds that a violation of § 4503 of this Article involving the disclosure of information concerning waste of public funds or mismanagement of an agency has occurred, it shall transmit a copy of the investigation report to the public auditor, who shall…

The personnel board shall report annually to I Liheslaturan Guåhan and I Maga’håga/Maga’låhi concerning the complaints filed, hearings held, and actions taken pursuant to this Article. 2024 NOTE: Reference to the “Governor” replaced with I Maga’håga/Maga’låhi pursuant to 5 GCA § …

Public access of electronic mail (email) messages sent to and from an employee’s government of Guam email account shall be subject to the provisions of Chapter 10 of Title 5, Guam Code Annotated (Freedom of Information Act). (a) Any email messages regarding information not author…

In this Article: (a) “Agency” or “department” means each and every line department or agency of the Executive Branch; every instrumentality; any Board, Commission or comparable unit of government, any of whose members are elected, appointed by I Maga’hågan/Maga’låhen Guåhan, I Li…

Any classified employee of a government of Guam agency or department which is undergoing a process of complete privatization, and who will be separated from government service as a result of such, shall be eligible for enhanced placement. Classified employees still under probatio…

Classified employees eligible for enhanced placement shall be granted by a government of Guam agency or department the right of first refusal for an opened and vacant government of Guam classified position provided that such classified employee shall meet all qualifications for s…

Any employee hired pursuant to the provisions of enhanced placement as defined in this Article, shall receive the same pay grade and step received at the time of separation or pay that is closest to, but not more than as is normally associated with the employee’s new position. SO…

(a) A classified employee eligible to participate in enhanced placement, as detailed in this Article, shall acquire such eligibility upon the final approval of the relevant privatization directly affecting such employee by I Liheslaturan Guåhan or in the absence of a legislative …