Title 4, Public Officers and Employees

As used in this Article, unless the context otherwise requires: (a) “Actuarial Cost of Credited Service” means a percentage of historical base salary corresponding to the service for which a member’s account is credited with employer contributions under the Defined Contribution R…

Membership in DB 1.75 Retirement System. (a) Defined Benefit 1.75 Retirement System. (1) Beginning January 1, 2018, the government of Guam Defined Benefit 1.75 Retirement System shall be established hereunder and System shall be comprised of membership under the government of Gua…

(a) Amount of Basic Retirement Annuity. Notwithstanding the otherwise applicable formula under § 8122 or other successor provision, the basic retirement annuity payable to a Defined Benefit 1.75 Plan member under the Retirement Fund shall be the following: (1) an amount equal to …

Account Balance, If Any. (a) In connection with credited service transferred from the Defined Contribution Retirement System to the Retirement Fund under § 8503(d)(1), a member’s Member Account balances in the Defined COL 2026-05-05 Contribution System shall be transferred to the…

(a) Amount of Disability Retirement Annuity. Notwithstanding the otherwise applicable formula under § 8125 or other successor provision, the amount of basic disability retirement annuity for a Defined Benefit 1.75 Plan member under the Retirement Fund shall be fifty percent (50%)…

The death benefit and survivor annuity provisions in connection with a member’s death under §§ 8131 through 8135 or other successor provisions shall be applicable to Defined Benefit 1.75 Plan members in a manner no different than the application to members who are not Defined Ben…

The member contribution provisions under § 8136 or other successor provision shall be applicable to Defined Benefit 1.75 Plan members in a manner no different than the application to members who are not Defined Benefit 1.75 Plan members. However, notwithstanding that the contribu…

In accordance with § 8308, the employer shall automatically enroll members and deduct and credit Defined Benefit 1.75 Plan member contributions under the Deferred Compensation Program in an amount equal to one percent (1%) of the member’s base salary. However, notwithstanding tha…

As used in this Chapter, unless otherwise indicated by the context: Government means the government of Guam, its political subdivisions and any officer, board, commission or other agency of the government of Guam or a political subdivision thereof, whether performing or engaged i…

It shall be unlawful: (a) For any government employee to participate in any strike against the Government. (b) For any person, by picketing or otherwise, to instigate, induce, procure, order, direct, coerce or incite any violation of this Chapter or to undertake to concert with a…

Any individual employed by the Government who violates any provision of this Chapter may be dismissed, suspended or reduced in rank or compensation. SOURCE: GC § 4377.

The provisions of this Chapter shall be enforceable by injunction proceedings as provided in this Section. The Attorney General, at his own instance or at the request of the Governor or any other officer, board, commission or other agency of the Government, in the event any perso…

Nothing in this Chapter shall be construed to require an individual employee to perform work or services without his consent, nor shall anything in this Chapter be construed to make the quitting of government employment by an individual employee an illegal act. SOURCE: GC § 4379.

If part of this Chapter is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this Chapter is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applica…

This Chapter may be cited as the Public Employee- Management Relations Act of Guam. SOURCE: GC § 4400. NOTE: This Chapter is a virtual copy of the first federal Executive Order authorizing federal unions, signed by President Kennedy. Obvious references to various federal agencies…

The Legislature of Guam declares that it is the policy and purpose of this Chapter, in the public interest, to promote orderly COL1172018 and constructive relationships between Government and its public employees by providing an opportunity for effective participation by employee…

As used in this Chapter: (a) Government means the Executive Branch of the government of Guam, including any political or organiza- tional subdivision thereof, and any corporation, association or authority wholly owned by the government of Guam. COL1172018 (b) Department means the…

Public employees shall have the right to form, join, assist and participate in the management of employee organizations or their own choice and to act as organization representative or to refrain from any such activity, without interference, restraint, coercion or discrimination …

(a) Public employees shall have the right to be represented by employee organizations when exclusive recognition has been granted to such organizations for purposes of consultations and negotiations with government management officials concerning terms and conditions of their emp…

As a prerequisite for securing and retaining exclusive recognition under the provisions of this Chapter, an employee organization must subscribe to the following standards either by adoption by the organization itself or by the national, inter- national or federation of organizat…

For purposes of exclusive recognition requested by qualified employees or organizations, appropriate units of employees shall be established by government management officials on any reasonable basis, such as departmental, functional, craft, or other basis, which will assure a cl…

Government management officials shall recognize a qualified employee organization as the exclusive representative of public employees in an appropriate employee unit when determination is made that the organization has a membership of not less than ten percent (10%) of the total …

Procedures for the settlement of disputes between management officials and employee organizations or among employee organizations, concerning the appropriateness of employee units for exclusive recognition purposes or concerning the right of an employee organization to receive ex…

The provisions of this Section apply to all government of Guam management officials and to all employee organizations accorded exclusive recognition to represent public employees under this Chapter. (a) Management officials are prohibited from: (1) restraining, coercing or interf…

Government management officials shall retain the right and responsibility, in accordance with applicable law and regulations to: (a) maintain efficient government operations and direct public employees; (b) hire, promote, transfer and assign employees to government positions; (c)…

An employee organization which has been recognized as exclusive representative of an appropriate public employee unit, under provisions of this Chapter, shall be responsible for representing the interests of all employees in the unit without discrimination and without regard to o…

Agreements negotiated under the terms of this Chapter between management officials and employee organizations which have been granted exclusive recognition in appropriate public employee units may contain procedures for consideration, and final settlement of grievances, including…

A comprehensive employee-management relations program, consistent with the policies in this Chapter, shall be under the direction and control of the Governor of Guam in accordance with the powers and duties vested in him by the Organic Act of Guam and the Guam Code Annotated and …

(a) Effective no later than six (6) months following approval of this Chapter, the Director, Department of Administration, shall issue appropriate policies, rules and regulations, with the approval of the Governor of Guam, for the implementation of this Chapter, including: (1) pr…

Solicitation of memberships, collection of membership dues or other internal organization business may be conducted only during nonduty hours of the employees involved. This does not COL1172018 preclude reasonable government services to employee organi- zations, such as provision…

Notwithstanding § 10108 of this Chapter, a new bargaining unit to be known as “Special Bargaining Unit” is established within the Guam Community College created by Division 4 of 17 GCA. The bargaining unit shall include those positions transferred to the Community College as a re…

Except as provided for in § 10120, every position within the Special Bargaining Unit shall continue to be subject to such collective bargaining agreement as it was subject to prior to the transfer date mentioned in § 10118. Such collective bargaining agreements shall be applicabl…

No sooner than thirty (30) days from the transfer date mentioned in § 10118 of this Chapter, the incumbents of the positions within the Special Bargaining Unit may, if a majority of their number so desire, elect to be covered by one of the collective bargaining agreements effecti…

Prior to the expiration of one hundred and eighty (180) days after the transfer date mentioned in § 10118 of this Chapter, government management officials shall entertain requests from qualified employee organizations pursuant to § 10108 of this Chapter and shall make determinati…

Negotiations between the College and an exclusive bargaining agent or exclusive bargaining agents recognized for any unit or units within the College may commence upon the determination of such exclusive recognition, provided that no agreement negotiated may be effective until th…

The Governor of Guam shall establish within the government of Guam a safety program for employees, and in furtherance thereof, he shall cause to be made such studies and investigations as may be necessary to determine the safety conditions within the government of Guam. In carryi…

(a) Any housing unit leased or owned by the government of Guam and used for any purpose other than that provided for by Subsection (b) shall be managed by the Director of Administration or his designee. (b) Whenever the Government shall have under lease housing units which are ex…

The Director of Administration shall make unoccupied government- owned housing units available at no cost, under specified conditions to Chief Brodie School, the Department of Education, Department of Youth Affairs, Department of Vocational Rehabilitation, the Guam Advisory Counc…

Social Services. The Director of the Department of Public Health and Social Services shall certify after examining any non-profit organization which applies to use government-owned housing, that such applicant is engaged in providing emergency aid and crisis intervention as is sp…

The Legislature finds that much of the housing owned by the government of Guam is not being put to maximum effective use, many of the units standing empty on practically a year-round basis; that no return is being earned on the considerable investment made by the Government in th…

Elderly, Indigents and Those Requiring Emergency Housing. The Director of Administration shall make available under or unutilized government housing to elderly persons, welfare recipients or persons requiring emergency housing at a rent less than the fair market value and at rate…

The Director of Administration and the Department of Public Health and Social Services shall issue joint rules and regulations, pursuant to the provisions of the Administrative Adjudication Act, governing the procedures whereby the elderly, the indigent and those requiring emerge…

This Chapter shall be known and may be cited as the Public Official Disclosure Act. SOURCE: GC § 1800, as added by P.L. 12-153:1 (July 5, 1974). Amended by P.L. 29-020:3 (Oct. 10, 2007).

(a) The term official means any person elected to any public office in Guam and any person appointed, with legislative concurrence or by the Legislature, to any public office, to include but not limited to: (1) the Governor, the Lieutenant Governor, members of the Legislature, Ju…

(a) Each official shall file with the Election Commission, on or before April 22 of each calendar year, a written report containing the financial information required by this Chapter covering the preceding calendar year (or other year if the individual official files a Guam Incom…

(a) The financial report of the official or candidate as required in this Chapter shall include a complete account of the official’s or candidate’s gross income and that of his spouse and dependent children. For the purpose of this Chapter, gross income shall be defined as set fo…