Title 4 — Public Officers and Employees

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 …

All persons eligible for enhanced placement shall register with the Department of Administration. (a) Persons eligible for enhanced placement shall register no later than one hundred twenty (120) days after the date upon which they have acquired eligibility for enhanced placement…

The Department of Administration personnel services (or applicable independent personnel agency office) must notify Enhanced Placement registrants of any open funded vacancy that they qualify for no later than five (5) working days via telephone. Should the Department of Administ…

(a) Any position to which a registered enhanced placement individual is qualified shall not be filled within the government of Guam, until a waiver is received in writing from the qualified enhanced placement registrants declining such position no later than five (5) working days…

(a) During the active period of eligibility for enhanced placement, all registered individuals shall be afforded to fill a vacant classified position announced as “Open” through enhanced placement. A registered individual that applies for an “Open” vacant classified position shal…

Notwithstanding any other provision of this Article, former Guam Telephone Authority employees who had previously registered with the Department of Administration and have not been placed under the Enhanced Placement Program, whether or not they have been placed pursuant to compe…

(a) I Liheslaturan Guåhan finds that sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with fifteen (15) or more employees, including state and local governments. It also applies to employment…

As specified in this Chapter, employees in the context of Equal Employment Opportunity complaints involving sexual harassment as defined by Title VII of the Civil Rights Act of 1964 and this Article shall include all classified and unclassified employees of the Executive Branch o…

For purposes of this Article, “sexual harassment” shall include: (a) sexual harassment as defined by the federal Equal Employment Opportunity Commission; (b) unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature when: COL 20…

Notwithstanding any other provision of law, rules or regulations unclassified, contractual, temporary and other non-classified employees may file complaints for sexual harassment in the same manner that classified employees may file such complaints. Unclassified, contractual, tem…

Complaints of sexual harassment filed pursuant to this Article shall be audited periodically in the same manner as complaints filed by classified employees.

No person, including witnesses and counselors, and confidants of the victim; who reports any incident of sexual harassment, or suspected sexual harassment, to a supervisor, agency head, director, the Department of Administration, the Civil Service Commission, the Guam Attorney Ge…

The time frame to file complaints of sexual harassment, or suspected sexual harassment, shall be the later of two (2) years following the incident, or those time frames established by the federal Equal Employment Opportunity Commission. The right to file complaints shall not be e…

All personnel rules and regulations on sexual harassment that are applicable to the agency or branch for which the victim is employed shall apply to unclassified, contractual, temporary, and other non- classified employees. In the event that an agency or office is not covered by …

Article 1A of Title 4, Guam Code Annotated, is hereby created to make its title the Military Family Leave Act of Guam (MFLAG) and throughout the Chapter the acronym MFLAG will be referred to as this Act.

In order to serve the families of those troops currently serving in military conflicts in Iraq, Afghanistan, and throughout the world, serving in the Global War on Terrorism, and to assure that these families are able to spend time together during the qualified service member’s l…

The following definitions shall be used in interpreting this Article. (a) “Qualified Employee” means a person who satisfies all of the following: (1) Is the spouse, authorized representative, designated next of kin, or attorney-in-fact of a qualified member. (2) Performs service …

Notwithstanding any other provision of law, a qualified employer may allow a qualified employee to take up to fifteen (15) days of unpaid leave during a qualified leave period.

(a) A qualified employer shall not retaliate against a qualified employee for requesting or taking the leave provided for in this Section. (b) The leave provided for in this Section shall not affect or prevent a qualified employer from allowing a qualified employee to take a leav…

(a) Benefits under 16 GCA, Chapter 3, § 3102.1 (Waiver of Driver’s License Fee provided to all Veterans), and 16 GCA, Chapter 7, § 7160 (e) and § 7161 (f), and 10 GCA, Chapter 51, § 51506 (d) (Waiver of Annual Vehicle License and Registration Fees provided to Veterans with one hu…

(a) The Guam Office of Veterans Affairs (OVA) shall be responsible for certifying eligibility of spouses, surviving spouses or legal guardians applying for the derived benefits; and (b) the Department of Revenue and Taxation, the Department of Administration, and the Human Resour…

Benefits extended to a spouse eligible under this Article, shall continue for as long as that individual is legally married to the Veteran who is eligible for the benefits. If the marriage is terminated by divorce, eligibility for the benefits shall end on the date of the adjudic…

Benefits extended to a Surviving Spouse eligible under this Article, shall continue for a period of ten (10) years from the date of death of service member.

Benefits extended to a Legal Guardian eligible under this Article, shall continue for the periods as follows: (a) until minor children for which the guardian is legally responsible for, reach the age of eighteen (18) or until the age of twenty-three (23), if enrolled as a full-ti…

The extension of “derived benefits” shall be applicable to the eligible spouses, surviving spouses, and legal guardians, as defined in § 67101 of Chapter 67, Title 10, Guam Code Annotated, of Veterans who COL 2026-04-23 served in the U.S. Armed Forces during World War II, the Kor…

In this Chapter: (a) Employee means a person employed in the Execu- tive Branch of the government of Guam, including autono- mous and semi-autonomous agencies thereof, or in the Judicial Branch with the following exceptions: (1) A person holding elective office; (2) A special or …

(a) An employee may engage in political activity to the fullest extent consistent with the restrictions set forth in § 5103, so long as such activity does not materially compromise his efficiency or integrity as an employee, or the neutrality, efficiency or integrity of his depar…

(a) An employee shall not use his official authority or influence for the purpose of interfering with or affecting the result of an election. (b) Specific activities in which employees are prohibited from participating include, but are not limited to: (1) soliciting, collecting, …

Nothing in this Chapter shall preclude the use under a rental agreement of government of Guam facilities by a political party, partisan political organization or candidate. SOURCE: GC § 3303, as added by P.L. 12-223.

When any person has reason to believe that an employee has violated § 5103, he may report the matter to the Civil Service Commission. On receipt of a written report which seems to the Commission to warrant an investigation, the Commission may investigate the matter in accordance …

No person, whether or not an employee, shall solicit or receive a contribution or distribute literature for any political purpose in any room or building occupied in the discharge of official duties by any person employed by the Executive, Legislative or Judicial Branches of the …

This Chapter may be cited or referred to as the Uniform Position Classification and Salary Administration Act of 1991. SOURCE: GC § 4100. Repealed and reenacted by P.L. 21-059:7 (Sept. 27, 1991).

The purpose of this Chapter is to provide a uniform and unified system of position classification and compensation for the Executive and Judicial Branches of the Government of Guam. The only exception is for academic personnel of the Guam Community College and the University of G…

Unless otherwise specified, this Chapter shall apply to all positions, officers, and employees, classified and unclassified, as the case may be, inclusive of the Executive and Judicial Branches, autonomous and semi-autonomous agencies, public corporations, and other public instru…

There is hereby established a unified pay schedule for positions identified in Volume III, Table II of the Hay Report, dated September 1990, and other such positions as may be subsequently determined, consisting of 19 Pay Grades A through V with Steps 1 through 10 per Pay Grade, …

Every classified employee in Pay Grades A through V shall be entitled to one step salary increment for satisfactory performance. Employees at Steps 1 through 6 shall be entitled to an increment after twelve (12) months of satisfactory performance. Employees at Steps 7 through 9 s…

Superior performance by a classified employee in Grades A through V shall be rewarded by a lump sum bonus based on an amount equivalent to 3.5% of the employee’s based salary. The merit bonus shall be automatic upon a superior rating evaluation conducted for increment purposes. T…

I Maga’håga/Maga’låhi may institute a cost of living adjustment (COLA). The COLA shall not be a part of the employee’s base salary and shall be non-taxable; provided, however, that the COLA shall be considered as part of the base pay for retirement purposes. I Maga’håga/Maga’låhi…

Step 1 of the Pay Grade assigned to a classified position shall be the regular rate for initial employment in any department or agency. The appointing authority, or the head of an agency, department or public corporation listed in 4 GCA § 4105(a) may petition the Director of Admi…

Notwithstanding the provisions of Title 4 GCA § 6205, Step 1 of the Pay Grade assigned to a classified position shall be the regular rate for initial employment in Department of Education. The Superintendent of Education may petition the Guam Educational Policy Board for recruitm…

(a) No agency, department, autonomous agency, public corporation, or other instrumentality of the government of Guam shall authorize compensation above Step 10 for the initial appointment, hiring or recruitment of an employee. This Section shall not apply to the Office of I Maga’…

Classified employees in Grades A through V who are promoted competitively or by reclassification, or temporarily, to a higher Pay Grade shall receive a salary increase closest to a one (1) step increase in the pay grade held prior to promotion. SOURCE: GC § 4106. Subsection D add…

(a) If the salary level of a Director or Deputy Director, by whatever title denominated, is not specifically set out in law but is set by a Board, Commission or other administrative body, that Board, Commission or other administrative body shall not set the salary level of a Dire…

I Maga’håga/Maga’låhi is authorized to establish such positions as may be necessary for the operation of the Office of I Maga’håga/Maga’låhi, including off-island offices and Government House; provided, however, that no person shall be appointed to fill such a position in the abs…