Title 5 — Government Operations

(For the laws governing rulemaking by boards and commissions -- and others within the Executive Branch -- see 5 GCA Chapter 9, Administrative Adjudication Law.)

(For law governing the maximum salary which a board or commission can give to an employee governed by it, see 4 GCA §6103, and specific law governing each agency, especially the Department of Education.) 2009 NOTE: P.L. 28-045:10 (June 6, 2005) changed the name of the Department …

(For law requiring annual reports from each board and commission, see 5 GCA § 1507.)

(a) Development of Training and Curriculum. Each board or commission shall have an educational program established to prepare its members for the duties of the board or commission to which they are appointed. Such educational program shall cover procurement laws, as applicable, a…

[Repealed.] SOURCE: Added by P.L. 24-191:3. Repealed by P.L. 28-076:8 (Nov. 25, 2005), effective January 1, 2007 pursuant to P.L. 28-076:9.

I Maga’lahen Guåhan [Governor of Guam] shall designate, preferably during the month or week in which volunteers are recognized, one (1) day per year for recognition and appreciation of individuals serving on all boards and commissions. SOURCE: Added by P.L. 24-191:4.

Meeting. [Repealed.] SOURCE: Added as an uncodified law by P.L. 26-76:56 (Mar. 12, 2002). Repealed by P.L. 30-113:1 (Mar. 11, 2010). 2009 NOTE: P.L. 28-045:10 (June 6, 2005) changed the name of the Department of Education to the Guam Public School System. P.L. 30- 050:2 (July 14,…

(a) No action, motion or resolution of any board or commission of the government of Guam may be taken in secret or by secret ballot. This provision shall not apply to the Guam Parole Board. (b) All members present are required to vote on every action or resolution of the board, f…

(a) Board and commission members may participate in regular and special meetings via video teleconferencing. The board or commission member shall submit a written request to participate in regular and special meetings via video teleconferencing to the Chairperson. Such request sh…

(a) Boards and commissions shall broadcast regular and special meetings via video live streaming applications. (b) Boards and commissions shall develop rules and regulations and education on the use of video live streaming for their members, in consultation with the Office of Tec…

For purposes of this Article only: (a) Agency, instrumentality, or entity shall mean the Department of Education, the Guam Power Authority, the Guam Waterworks Authority, the Guam Housing Corporation, the Guam Housing and Urban Renewal Authority, the Public Defender Service Corpo…

The governing Boards for all agencies, instrumentalities, or entities shall issue performance reviews of the Chief Executive selected for that agency six (6) months after appointment of the said Chief Executive and every twelve (12) months thereafter that the Chief Executive is r…

The performance reviews required under this Act shall be made public and the availability of these reviews shall be published by the respective Governing Boards issuing the aforementioned reviews by newspaper of general circulation or by radio or television which is reasonably ca…

A new commission, called the Guam Transportation Commission (GTC), is hereby formed. The GTC shall consist of five (5) directors appointed by I Maga’lahen Guåhan [Governor] with the advice and consent of I Liheslaturan Guåhan [legislature]. [The Governor] I Maga’lahen Guåhan will…

No contractor or subcontractor engaged in the construction of public works for the government of Guam shall knowingly employ, or permit to be employed, any alien in such construction except in cases of COL372014 extraordinary emergency which endanger life or property, or upon cer…

Within thirty days after any alien is permitted to work in the construction of public works due to an extraordinary emergency, the contractor shall file with the contracting officer of the government a verified report setting forth the nature of the emergency, the name of the ali…

Every contractor and subcontractor shall keep an accurate record showing the name and citizenship of each workman employed by him in the construction of public works for the government of Guam. The record shall be kept open at all reasonable hours for inspection by the contractin…

Any contractor engaged in the construction of public works for the government of Guam shall forfeit, as a penalty, to the government of Guam, Ten Dollars for each alien knowingly employed in such construction, by either such contractor or a subcontractor, for each calendar day, o…

All contracts executed by the government of Guam for the construc- tion of public works shall provide that persons employed thereon shall be paid not less than the minimum wage applicable to the corresponding skill or craft in the service of the government of Guam. COL372014 SOUR…

For purposes of this Chapter the term construction of public works shall mean and include work performed pursuant to contract for the erection, maintenance, rehabilitation, repair, or demolition of any public building, roadway, or any public facility. The term alien shall not inc…

[Repealed.] SOURCE: GC § 10001.6 added by P.L. 5-127; amended by P.L. 10-150; repealed by P.L. 17-9 to conform with the Guam Procurement Law (5 GCA Chapter 5).

Amounts. (a) In order to induce contractors to hire more United States citizens and permanent residents and to encourage training and apprenticeship programs, all bids submitted for government of Guam public works contracts, including service contracts, shall be adjusted in accor…

Contracts. No contract for the construction of public works or for services shall be awarded by the government of Guam unless the contractor has, and throughout the term of the contract, maintains a total workforce of which no less than 40% are citizens or permanent residents of …

(GC §§ 44017-44022, passed by P.L. 18-48:3-8, and amended extensively through the 21st Guam Legislature, requires mandatory registration, repatriation guaranty performance and payment bonds, and certain other regulations governing non-immigrant workers.)

(a) All buildings parking lots, walks and recreational facilities hereafter constructed by or for the government of Guam intended for the use of the general public shall be designed and constructed in such manner as to permit persons with disabilities who use wheelchairs or are o…

The Department of Public Works (Department) is authorized to establish a commercial advertising space program (Program) utilizing space on the interior and exterior of the Department's school buses.

Within ninety (90) days of the enactment of this Act, the Department in consultation with GDOE [Guam Department of Education] shall develop rules and regulations pursuant to the AAL [Administrative Adjudication Law] governing the standard size and placement for the leasing of com…

The Department shall develop a standard lease agreement. The lease agreement shall incorporate applicable rules and regulations, the schedule of fees, and make clear any legal liabilities for private entities seeking to advertise on its buses. The standard lease agreement shall s…

The Department shall issue a request for proposals for the management of the Program. The Fund established in § 50A105 of this Chapter shall be the source for any program management fees.

There is hereby created, separate and apart from all other funds of the government of Guam, a fund known as the DPW Bus Maintenance Fund (Fund) into which shall be deposited all fees collected from the commercial leasing of advertising space on school buses. Expenditures from the…

A Quality/Reliability Assurance Program designed to improve the quality, reliability and durability of equipment and construction, which is fabricated, repaired, installed, maintained, supervised, administered or permitted, will be implemented by the Department of Public Works fo…

The Program shall be geared to: (a) Inform employees of the importance of their work contribution to the overall success of the government of Guam and the Department of Public Works in accomplishing their mission; (b) Identify and eliminate causes of error; (c) Motivate each empl…

The Director of Public Works shall be responsible for planning, initiating, sustaining and evaluating this high priority program, and for COL120106 establishing merit awards to be given to deserving employees who become involved. SOURCE: GC § 10102 added by P.L. 12-217. ---------…

In order to provide an orderly system for the numbering of buildings and properties within the territory (except such buildings and properties as are located within military reservations of the United States), the Director of Public Works is hereby directed to prepare an overall …

The Director, in the preparation of said plan, shall: (a) take into consideration the house number requirements of the United States Postal Service for door-to-door delivery of mail. (b) formulate such a uniform system of street address numbers, (1) that each residence and busine…

The Director shall submit to the Territorial Planning Commission the tentative plan and recommendations for such street address numbering system and shall take into consideration in formulating the final plan the formal recommendations of the Commission regarding said COL120106 t…

The Territorial Planning Commission shall transmit the final plan to the Governor of Guam who shall, not later than January 1959, submit to the Legislature said final plan for the numbering of street addresses within the territory. SOURCE: GC § 10203 added by P.L. 4-81. COMMENT: …

Upon receipt of the final plan submitted by the Governor for a numbering system, the Legislature may, by statute, adopt said plan. Before adopting the proposed plan, the Legislature shall hold at least one public hearing. SOURCE: GC § 10204 added by P.L. 4-81.

Upon the effective date of the statute approving the final plan, it shall be the duty of the Director of Public Works to put into effect the plan so approved and he shall thereupon: (a) notify the occupants of those buildings properties for which numbers have been provided by sai…

In furtherance of the intent of this Chapter, the Director of Public Works shall formulate and promulgate and may amend or repeal rules and regulations to prescribe the size, appearance and location of the COL120106 individual street address numbers and the manner by which each o…

It shall be the duty of each owner of buildings affected by this Chapter (except those excluded from the provisions of this Section by § 52109 of this Chapter) to affix to said buildings, in the manner prescribed by rules and regulations of the Department, the street address numb…

Such assigned numbers need not be affixed to premises used exclusively for religious purposes for which numbers have been assigned under the provisions of this Chapter. SOURCE: GC § 10208 added by P.L. 4-81. ---------- COL120106

As used in this Chapter (a) Department means the Department of Public Works. (b) Director means the Director of Public Works. (c) Roadway, highway, road, or street (hereinafter “roadway”) means all or any part of the entire width of right of way, whether or not such entire area i…

(a) The Department may issue written permits, as provided in this Chapter, authorizing the permittee to do any of the following acts: (1) Making an opening or excavation for any purpose in a highway. (2) Place, change or renew an encroachment. (3) Place or display in, under, or o…

COL10312014 Any permit issued under the provisions of this Chapter shall provide that the permittee will pay the entire expense of restoring the highway to the department standard for repairs made to a permitted encroachment, and may provide such other conditions as to the locati…

The Department may, but is not required to, supervise any work done under any permit issued under the provisions of this Chapter, in which event, the permittee shall pay the reasonable cost of such supervision to the Department, except to the extent that there are federal funds a…

(a) All applications for excavation of a roadway shall have a schedule of work that sets the timeline of construction or work events, and deadline when the roadway will be restored to its original condition or better. The contractor or public agency shall be required to close the…

Except as otherwise provided in § 53108 of this Chapter, notice shall be given to the owner, occupant, or person in possession of the encroachment, or to any other person causing or suffering the en- croachment to exist, by serving upon any such person a notice containing a deman…

The Department may immediately remove from any highway any encroachment which: (a) Is not removed prior to the expiration of five days from and after the service of notice. (b) Obstructs or prevents the use of the highway by the public. (c) Consists of refuse. (d) Is an advertisi…

The Department may remove any encroachment on the failure of the owner to comply with the notice provided for in this Chapter. The owner shall be liable for all expenses of such removal and in addition thereto, the sum of Fifty Dollars ($50.00) for each day such encroachment rema…