Title 10 — Health and Safety

This Chapter shall be known and cited as the Community Partnership for Police Accountability Law of 1999.

Unless the context otherwise requires, the definitions set forth herein and in Chapter 77 of this Title shall govern the construction and interpretation of this Chapter. (a) Employee means an officer or employee of the Guam Police Department, including the Chief of Police, the De…

(a) There is hereby created a Guam Community Police Review Commission (‘Commission’) for the purpose of receiving and investigating allegations of misconduct on the part of an employee or employees and making findings of fact and conclusions based upon those findings of fact. The…

The Guam Police Department, through the Chief of Police, is hereby designated to provide the necessary administrative and clerical support, to include a meeting place, to the Commission, and shall ensure that the administrative provisions contained in this Chapter are properly ad…

Vacancies in the membership of the Commission shall not affect the authority of the remaining members to execute the functions of the Commission, and shall be filled in the same manner and by the same appointing authority as the original appointment, and such person shall serve f…

A majority of the members of the Commission shall constitute a quorum for the transaction of business, and the concurrence of a majority of the members shall be necessary to make any action of the Commission valid. No action shall be taken by the Commission at any meetings or hea…

The Commission shall meet once every month at a regularly scheduled time and place for the purpose of conducting evidentiary hearings and/or to conduct any other business necessary to the operation of the Commission. Regular meetings may be held in any building in which the Depar…

Each member of the Commission shall be compensated in the same manner as are other members of boards and commissions, and shall be reimbursed for expenses incurred in the performance of duties in the same manner and amount as other boards and commission members.

The Commission shall have the following authority and duties: (a) to receive complaints of the following alleged misconduct and actions directed against the Department and any of its employees and to fully and completely investigate said complaints: (1) use of excessive or deadly…

Subject to budget limitations, the Commission is authorized to, and may, contract or employ, for the duration of the investigation, an Independent Special Attorney and/or an Independent Special Investigator or other personnel as necessary for the proper performance of its duties …

(a) In addition to the reporting and other terms for police officer violations enumerated in § 77133 of this Title, any person may file complaints of alleged crime or misconduct with the Commission as listed under Subsection (a) of § 78108, by submitting said complaints at locati…

Within five (5) working days of the date that a complaint was filed, the Commission shall conduct a preliminary review of each complaint and determine whether an investigation of the alleged misconduct is warranted, whether the matter shall be mediated or whether no further actio…

On the petition of fifty (50) or more residents of Guam filed in any location or locations designated by the Commission, the Commission shall hold a special meeting for the individuals so petitioning for the purpose of responding to the petition and hearing and inquiring into mat…

If the Commission determines that further investigation is warranted, the complaint shall be investigated by an Independent Special Attorney and/or an Independent Special Investigator selected and hired by the COL12302011 Commission. Completion of investigation may be held in abe…

Upon the completion of the investigation of a complaint, the Commission may dismiss, with the filing of written reasons for the dismissal, the complaint for lack of merit or conduct an evidentiary hearing. At an evidentiary hearing, the Commission shall weigh and consider all evi…

Upon approval of a majority of its members, the Commission shall have power to subpoena witnesses, compel their attendance, require the production of evidence and any such records, books, papers and documents as it may deem necessary for investigation of the case of any person be…

(a) The Commission shall cause a record to be made of all proceedings in which testimony or other evidence is received or adduced, which record shall include rulings of the chair, questions of the Commission and its authorized representative, the testimony or responses of witness…

Departments. Any official or employee of the Department and all other government employees and officials shall, except as expressly prohibited by law subsequent to this Act, respond promptly to any and all reasonable requests for information, for participation in meetings and evi…

Within ten (10) working days of the completion of an evidentiary hearing, and within thirty-five (35) working days of the receipt of complaint, the Commission shall issue a written report containing findings of fact and a determination of whether the complaint is sustained to the…

When a complaint is sustained, the findings of fact and the determination shall be submitted to the Chief of Police, who shall make a disciplinary decision based upon this information. The Chief of Police shall provide the Commission with a written explanation of the reason or re…

The Commission shall consider, when agreed upon by the complainant, the Commission, the Department and the subject employee, mutually agreeable resolution of any complaint in all cases except those involving the death or deaths of an individual or individuals. The Commission shal…

The Commission shall notify in a timely fashion, in writing, the complainant(s) and police officer(s) of the status or disposition of the complaint in a reasonable manner.

No person may file a complaint with the Commission if one hundred twenty (120) days has elapsed since the alleged misconduct, or since its discovery, whichever is later.

(a) When an employee is to be questioned or interviewed concerning a complaint or allegation, the employee shall be informed prior to the interview of the nature of the investigation and whether he or she is the subject of the investigation or a witness in an investigation. Where…

The Commission shall compile and publish, by the end of each fiscal year, a report including the number, kind and status of all complaints received, and any recommendations and concerns to improve the implementation of the provisions of this Chapter, the performance of the Depart…

If any provision of this Act or its application to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of t…

Upon the enactment of this bill into law and immediately following the re-establishment of the Commission, the Commission shall review Chapter 78 in its entirety and submit its recommendations to I Liheslaturan Guåhan within one hundred twenty (120) days. In particular, the Commi…