Title 4 — Public Officers and Employees

As used in this Chapter, public property means public street, highway, bridge, building, park, grounds, works or property. SOURCE: GC § 3201.

This Chapter shall not be construed as enlarging the duty or liability of any public officer. SOURCE: GC § 3202.

Dangerous Condition of Public Property. No officer of a local government body is liable for any damage or injury to any person or property resulting from the defective or dangerous condition of any public property, unless all of the following first appear: (a) The injury sustaine…

No officer of a local governing body is liable for moneys stolen from his custody unless the loss was sustained because the officer failed to exercise due care. SOURCE: GC § 3204.

No officer of a local governing body whose sole compensation by virtue of his office is a fixed salary established by the Legislature or local governing body shall be personally liable for the negligent act or omission of any deputy or employee serving under him and performing th…

No member of any local governing body is liable for the negligent act or omission of any appointee or employee appointed or employed by him in his official capacity, whether the appointment or employment was made singly or in conjunction with other members of the local governing …

If any officer, agent or employee of a local governing body acts in good faith and without malice under the apparent authority of any law of Guam declared to be null and void as in conflict with either the Organic Act of Guam or the Constitution of the United States, he is not ci…

(a) [No text] (1) Employment in the service of the government of Guam shall be based upon merit, and selection and promotion of employees shall be free of personal or political consideration. (A) No person shall be discriminated against in an application for employment or promoti…

Government. The Director of Administration shall perform the following functions: COL 2026-04-23 (a) Maintain and from time to time modify a general personnel policy for all government of Guam line agencies through the adoption of rules and regulations pursuant to the Administrat…

Personnel Rules. (a) Notwithstanding any other provision of law, or rule or regulation, the “Swift Appointment Modernization Act of 2021” shall only apply to those Category 1 Peace Officer positions recognized in 27 GARR § 3103(a)(1), (2), (3), (4), (5), and (6). (b) Notwithstand…

All offices and employment in the Government of Guam, except for employment as academic personnel of the Guam Community College (GCC) and the University of Guam (UOG), as the term academic personnel is defined in enabling laws of GCC and UOG, shall be divided into classified and …

(a) Except as hereafter authorized by law, the number of employees in the executive and judicial branches shall not be increased beyond the numbers provided for in the annual General Appropriation Act. (1) On the first day other than a holiday of each February, May, August and No…

(a) [No text] (1) No preference shall be given in the government service, except that residents of Guam (A) who are physically or mentally impaired, but are physically and mentally able to perform efficiently and safely the duties of the job being applied for as certified by the …

Notwithstanding any provision of law to the contrary, departments and agencies of the government of Guam shall provide for preferential hiring of applicants to jobs within the government of Guam to residents of Guam who have completed their post-secondary education assisted by th…

(a) Rules subject to criteria established by this Chapter governing the selection, promotion, performance, evaluation, demotion, suspension and other disciplinary action of classified employees shall be adopted by the Board of Directors of the Antonio B. Won Pat International Air…

(a) The personnel rules provided for in § 4105 of this Chapter shall provide procedures for their employment of persons on the basis of merit, and shall include an orderly and systematic method of recruitment and the establishment of qualified lists for employment purposes. (1) T…

(a) [No text] (1) Pregnancy related medical leave shall be granted to an eligible female employee as a result of pregnancy, childbirth, or medical conditions related to pregnancy or childbirth. (2) Pregnancy related medical leave shall consist of paid administrative leave not to …

(a) Parental leave shall be granted to an eligible employee occupying a permanent position upon the birth of his or her child(ren) or the adoption of a child(ren) five (5) years old or younger. (1) Such parental leave shall consist of paid administrative leave not to exceed twent…

(a) Defined. Employees occupying permanent positions shall accrue sick leave at the rate of one-half day (4 hours) for each biweekly pay period in which they are in pay status for the entire ten (10) days; otherwise, there shall be no accrual for such period. For the purposes of …

(a) [No text] (1) Annual leave shall be granted to employees occupying permanent positions, except personnel of the Department of Education, the Guam Community College or the University of Guam, who are employed on a school year basis, and Judges and Justices of the Unified Judic…

Registered nurses employed by the Guam Memorial Hospital, the Department of Public Health and Social Services, or the Guam Behavioral Health and Wellness Center, who have accrued an excess of five hundred eighty (580) hours of annual leave shall be granted a lump sum payment at t…

(a) Legislative Statement. From time to time, classified employees in the civil service of the government of Guam have occasion to need leave for personal reasons, but may have already exhausted the leave that they have earned and accrued. At times like these, particularly when t…

The Director of Administration shall maintain and from time to time amend the leave-sharing program for the Executive Branch pursuant to Section I of this Act to be implemented in the same manner as other personnel rules and regulations enacted pursuant to § 4105 of Title 4, Guam…

Voluntary leave for up to five (5) consecutive working days shall be granted to government of Guam employees without pay upon written request from the employee and subsequent approval from their supervisor. SOURCE: Added by P.L. 25-072:IV:27 (Sept. 30, 1999). NOTE: Subsection des…

Teachers employed by the Department of Education who are members of the reserve components of the Department of Defense or Transportation, including, but not limited to the United States Army, the United States Navy, the United States Marine Corps, the United States Air Force, th…

(a) All consultants, teachers, vice-principals, assistant principals and principals of the Department of Education and academic employees of the Guam Community College, all of whom are permanent residents of Guam, may be given a sabbatical leave of absence upon completion of seve…

[Repealed.] SOURCE: Added as uncodified law by P.L. 23-128:IV:30 (Dec. 12, 1996) and codified by the Compiler. Amended by P.L. 24-014:19 (Mar. 21, 1997), P.L. 24-057:9 (June 30, 1997); P.L. 24-059:IV:29 (Sept. 12, 1997). Repealed by P.L. 31-279:2 (Dec. 31, 2012). NOTE: P.L. 28-04…

Academic employees of the University of Guam, all of whom are permanent residents of Guam, may be given a sabbatical leave of absence upon completion of seven (7) consecutive years of satisfactory teaching service. (a) To be eligible for such sabbatical leave, an employee must ha…

Notwithstanding any other provision of law, an employee of the Government entitled to annual vacation leave may, prior to his taking of any such leave, receive a lump sum payment in cash equivalent to the amount of leave authorized to be taken. SOURCE: Added by P.L. 16-023:1 (Aug…

Notwithstanding any other provision of this Title, the administrative heads of executive departments, agencies or instrumentalities of the Government, and of the Judicial and Legislative Branches of the Government, may employ during the vacation period between school years, at a …

I Maga’håga/Maga’låhi may request the services, on a loan basis, of employees of the United States, or the government of any state, territory or possession of the United States, or political subdivision thereof, and agree to comply with conditions imposed pursuant to law with res…

Any employee in the classified service may be appointed or transferred to a position in a different branch, department, agency, instrumentality, authority or corporation requiring equivalent qualification for the one held or to a higher position. (a) Qualification and standards a…

The right of persons employed by the Government, either individually or collectively, to petition I Liheslatura, or any committee or member thereof, or I Maga’håga/Maga’låhi, shall not be denied or interfered with. SOURCE: § 4114 GCA, as reenacted by P.L. 16-023:1 (Aug. 11, 1981)…

No employee of a department, agency or instrumentality of the government of Guam may be involuntarily transferred to a position which is unrelated with respect to job duties and responsibilities to the position occupied by the employee before such transfer. SOURCE: Added by P.L. …

(a) No employee shall be temporarily assigned or detailed to a position nor shall the employee assume the duties and responsibilities of a position other than the one to which he has been appointed for a period in excess of ninety (90) days unless the appointing authority obtains…

No employee of a department, agency or instrumentality of the government of Guam shall be appointed by a cognizant authority to serve temporarily in an acting capacity as head of a department, agency or instrumentality for a period in excess of one year. (a) Any employee so appoi…

(a) All employees of the government of Guam who are members of the reserve components of the Department of Defense or Transportation, including, but not limited to, the United States Army, the United States Navy, the United States Marine Corps, the United States Air Force, the Ar…

The provisions of the Military Family Leave Act of Guam (MFLAG) contained in Article 1A of [Chapter 4], Title 4, Guam Code Annotated, shall apply to all qualified employees of the government of Guam as defined in this Chapter. SOURCE: Added by P.L. 29-149:2 (Jan. 30, 2009).

(a) Extended Hours. Except for those agencies which observe public service necessity service hours as defined in Items 2 and 3 of Subsection (g) of this Section, all line agencies, departments, autonomous entities and instrumentalities and public corporations of the government of…

All employment identification cards issued to persons under the age of eighteen (18) years of age, who are employed in any branch of the government of Guam, including I Liheslaturan Guåhan, Judiciary and Executive Branch, including all public corporations, autonomous agencies, th…

Branch. (a) The Director of Administration and the Peace Officer Standards and Training Commission (POST) shall jointly develop personnel rules and regulations for each agency of the Executive Branch that employs peace officer positions for such peace officers in such agency cons…

(a) The Judicial Council and the Peace Officer Standards and Training Commission (POST) shall jointly develop personnel rules and regulations for all peace officer positions within the Superior Court of Guam, consistent with the provisions of Title 4 of the Guam Code Annotated. (…

Prior decisions and precedents regarding the application of personnel rules and regulations by the Director of Administration and the Judicial Council for the Executive and Judicial Branches, respectively, need not be applied to cases deliberated under the provisions of §§ 4122 a…

(a) Generally. I Maga’håga/Maga’låhi (acting for the Executive Branch, except for the officers listed herein), the Attorney General and the Public Auditor, respectively, may use volunteers when each within their own authority determines that a specific need exists for volunteers …

The Legislative and Judicial branches of the government of Guam may use volunteers when each within their own authority determines that a specific need exists for volunteers within the government. All provisions of 4 GCA § 4125(b) shall also apply to this Section. SOURCE: Added b…

(a) Any employee of the Government of Guam shall be granted administrative leave for the purpose of donating blood. The amount of administrative leave shall be as follows: (1) Two (2) hours of administrative leave for the donation of whole blood; (2) Three (3) hours of administra…

(a) Any qualified foreign language or sign language interpreter employed by an agency, instrumentality or branch of the government of Guam may be granted administrative leave for the purpose of volunteering as a sign language or foreign language interpreter for official governmen…

(a) Any employee of the government of Guam who is a parent of a child with a developmental delay or disability, and who is not otherwise prohibited from such contact with his or her child by order of a court, shall be granted administrative leave for the purposes of meeting, supp…

The head or director of a department or agency shall grant administrative leave of absence, not to exceed twenty (20) days, Saturdays, Sundays and government of Guam holidays excepted, to an employee for the purpose of donating an organ, tissue, or bone marrow. (a) The head or di…

(a) Notwithstanding any other provision of law, rule, or regulation, if the death of a public safety or law enforcement officer in the line of duty qualifies for death benefits pursuant to the U.S. Department of Justice, Bureau of Justice Assistance’s Public Safety Officers’ Bene…