Chapter 31

17 GCA EDUCATION CH. 31 GCC ADMINISTRATION 1 CHAPTER 31 GCC ADMINISTRATION NOTE: Pursuant the authority granted by 1 GCA § 1606, num bers and/or letters were altered to adhere to the Compiler’s al pha-numeric scheme. § 31101. Administration of the Guam Community Coll ege. § 31102. Advisory Committee. § 31102.1. Hotel/Restaurant Apprenticeship. [Repeal ed] § 31103. Compensation. § 31104. Rules and Regulations. § 31105. Same: Availability. § 31106. Personnel Rules: Academic Personnel and A dministrative Officers. § 31107. Purposes. § 31108. Duties. § 31109. Powers of the Guam Community College and Board. § 31110. President. § 31111. Custody of Federal Funds; Expenditures. § 31112. Non-appropriated Funds. § 31113. Employees. § 31113.1. President and Vice President. § 31114. Instructional Divisions. § 31115. Same: Division Chief. [Repealed] § 31116. Fees and Tuition. § 31101. Administration of the Guam Community Colle ge. (a) All powers vested in the Guam Community College , except as provided herein shall be exercised by the Guam Comm unity College Board of Trustees. The Board shall consist of seven (7) t rustees, six (6) of whom shall be nominated and appointed by I Maga’lahen

s provided herein shall be exercised by the Guam Comm unity College Board of Trustees. The Board shall consist of seven (7) t rustees, six (6) of whom shall be nominated and appointed by I Maga’lahen Guåhan with the advice and consent of I Liheslaturan Guåhan . Three (3) trustees shall be appointed to terms of three (3) years, three (3) trustees sha ll be appointed to terms of five (5) years and the seventh (7th) shall be an el ected student member who shall serve a term of one (1) year. Their successor s shall be appointed each for a term of five (5) years, with the exception of the student member. The student member shall be elected by a plurality vote of students of the school. The student member must be a student at the college and may be re-elected to no more than one (1) successive one-year term Th e procedures for COL37201417 GCA EDUCATION CH. 31 GCC ADMINISTRATION 2 election of the student member shall be developed b y the Board of Trustees. The first election for student member shall take pl ace during the school year 1999-2000. The student member position shall not re quire the appointment by I Maga’lahen Guahan and the advice and consent of I Liheslaturan Guåhan .

member shall take pl ace during the school year 1999-2000. The student member position shall not re quire the appointment by I Maga’lahen Guahan and the advice and consent of I Liheslaturan Guåhan . No courtesy resignations shall be required. All v acancies occurring on the Board of Trustees, except the student member , shall be filled by I Maga’lahen Guåhan with the advice and consent of I Liheslaturan Guåhan for the unexpired term. (b) I Maga’lahen Guåhan shall appoint one (1) trustee to represent business and industry and employer organizations; o ne (1) trustee to represent organized labor organizations on Island. The remaining four (4) trustees shall be members of the general public . As these positions on the Board become vacant, they shall be filled in a like manner. No person may serve as a trustee if the trustee is a g overnment of Guam employee or if the trustee’s service would amount t o a conflict of interest. (c) The concurrence of four (4) members of the Boar d at a duly called and noticed regular or special meeting of th e Board, which is open to the public in accordance with law, shall be necessary to the validity of its acts; provided, that the Board need not

duly called and noticed regular or special meeting of th e Board, which is open to the public in accordance with law, shall be necessary to the validity of its acts; provided, that the Board need not meet in public when it is discussing litigation or impending litig ation with its attorney. (d) The trustees shall elect the chairperson from a mong their number. SOURCE : GC § 11963, as added by P.L. 14-77. Subsection (a ) amended by P.L. 18- 12:6. Amended by P.L. 25-39:2. § 31102. Advisory Committee. The Board shall establish Advisory Committees for e ach of the different career programs or levels of instruction and appoin t committee members from among people in the community who can best adv ise the Board in their area of expertise or on matters pertaining to the B oard’s responsibilities as established by law. SOURCE : GC § 11964, as added by P.L. 14-77. Amended by P .L. 31-099:4 (Sep. 30, 2011) § 31102.1. Hotel/Restaurant Apprenticeship. [Repea led.] SOURCE : GC § 11964.1, as added by P.L. 16-117. Repealed by P.L. 31-099:5 (Sep. 30, 2011). COL37201417 GCA EDUCATION CH. 31 GCC ADMINISTRATION 3 § 31103. Compensation.

nt Apprenticeship. [Repea led.] SOURCE : GC § 11964.1, as added by P.L. 16-117. Repealed by P.L. 31-099:5 (Sep. 30, 2011). COL37201417 GCA EDUCATION CH. 31 GCC ADMINISTRATION 3 § 31103. Compensation. The voting members of the Board shall be compensate d not to exceed Fifty Dollars ($50) per regularly called meeting at which a quorum is present and the voting member is in attendance or One Hundr ed Dollars ($100) per month as determined by the Board and all members sh all be reimbursed for reasonable and necessary expenses incurred in the p erformance of their duties. SOURCE : GC § 11965, as added by P.L. 14-77. COMMENT : The rate of compensation found by this section co nflicts with the uniform compensation established by P.L. 15-148 (Ja nuary 8, 1981), now codified as 5 GCA §43104, which set the uniform rate for all bo ards and commissions at $50.00 per meeting, not to exceed $100.00 per month. The former Compiler concluded that, as a later, general, law on the same subject, enact ed in addition to amendments to specific laws, 5 GCA §43104 amended this section by implication. § 31104. Rules and Regulations.

er concluded that, as a later, general, law on the same subject, enact ed in addition to amendments to specific laws, 5 GCA §43104 amended this section by implication. § 31104. Rules and Regulations. The Board shall adopt reasonable rules and regulati ons not inconsistent with the laws of the United States and this Territo ry (a) for its own government, (b) for the government of the College a nd (c) for the purpose of carrying out all other duties and powers herein con ferred. SOURCE : GC § 11966, as added by P.L. 14-77. § 31105. Same: Availability. All rules and regulations adopted by the Board purs uant to this Division shall be made available to the public. SOURCE : GC § 11967, as added by P.L. 14-77. § 31106. Personnel Rules: Academic Personnel and Ad ministrative Officers. Rules and regulations governing selection, compensa tion, promotion, performance evaluation and disciplinary action and other terms and conditions of employment affecting academic personn el shall be adopted by the board in accordance with 4 GCA §4104 and §4105. Such rules and regulations shall provide for the employment of per sons on the basis of merit, and shall include an orderly and systematic method

y the board in accordance with 4 GCA §4104 and §4105. Such rules and regulations shall provide for the employment of per sons on the basis of merit, and shall include an orderly and systematic method of recruitment and the establishment of a list of qualified applicants for employment purposes. Academic personnel are defined as faculty and admin istrators. For the purposes of this Section, an administrator is defin ed as one who holds any of COL37201417 GCA EDUCATION CH. 31 GCC ADMINISTRATION 4 the following positions: President or Vice-Presiden t, Assistant or Associate to the President or Vice-President, Dean or Directo r, Associate or Assistant Director, Associate or Assistant Dean; provided, ho wever, that nothing in this Chapter shall be construed as preventing the B oard from establishing other administrator positions or abolishing any of the existing positions indicated herein and further provided, however, tha t nothing in this section nor in any other section of this Chapter involving the outlay of public funds shall become effective unless funds therefore shall have been provided in the college’s annual budget.

ng in this section nor in any other section of this Chapter involving the outlay of public funds shall become effective unless funds therefore shall have been provided in the college’s annual budget. The term administrator doe s not include positions within the purview of the Civil Service Commission under Chapter 6 of Title 4, Guam Code Annotated, or other applicable laws. SOURCE : GC § 11966.1, as added by P.L. 16-23. Section ame nded by P.L. 23-26:8 (5/95). § 31107. Purposes. The purposes of the College shall be: (a) to establish career and technical education, an d other related occupational training and education courses of inst ruction aimed at developing educated and skilled workers for Guam; (b) to coordinate with the Guam Education Board the development of career and technical education programs in all p ublic schools; (c) to establish and maintain short-term extension and apprenticeship training programs in Guam; (d) to expand and maintain secondary and post-secon dary educational programs in the career and technical fi elds; (e) to award appropriate certificates, degrees and diplomas to qualified students; and (f) to serve as the State Agency and the Board of C ontrol

ational programs in the career and technical fi elds; (e) to award appropriate certificates, degrees and diplomas to qualified students; and (f) to serve as the State Agency and the Board of C ontrol for Vocational Education for purposes of the United Sta tes Vocational Education Act of 1946 and 1963, and subsequent amen dments thereto. The government of Guam hereby accepts together with the benefits of funds appropriated thereunder the Vocational Educat ion Act of 1946 and any act or acts amendatory thereof or supplemen tary thereto as enacted by the Congress of the United States. SOURCE : GC § 11968, as added by P.L. 14-77. Amended by P .L. 31-099:6 (Sept. 30, 2011). COL37201417 GCA EDUCATION CH. 31 GCC ADMINISTRATION 5 NOTE : Pursuant the authority granted by 1 GCA § 1606, numbers and/or letters were altered to adhere to the Compiler’s alpha-numeric s cheme. § 31108. Duties. The Board shall have the following duties: (a) to evaluate existing and potential job skills n eeded in the territory of Guam, including business, industry, te rritorial and federal governments; (b) to coordinate and recommend improvements in car eer and technical educational programs in order to match ca

territory of Guam, including business, industry, te rritorial and federal governments; (b) to coordinate and recommend improvements in car eer and technical educational programs in order to match ca reer and technical education programs with current and existing job ne eds; (c) to encourage work-study programs in industry an d more scholarships funded by private employers, labor uni ons, territorial and federal governments; (d) to encourage retraining programs for the unempl oyed and under-employed in order to provide a guaranteed wor k force; (e) to evaluate and make recommendations for execut ive and legislative action to improve programs regarding jo b innovation and development; (f) to act as the Board of Control for Vocational E ducation; and (g) to formulate plans and objectives in measurable terms and to continuously evaluate, in terms of those plans and objectives, the various programs operated by the College to determi ne if the College is complying with its statutory mandate and to that en d, to provide for five (5) year follow-up studies of the various graduates of the various programs operated by the College. SOURCE : GC § 11969, as added by P.L. 14-77.

atutory mandate and to that en d, to provide for five (5) year follow-up studies of the various graduates of the various programs operated by the College. SOURCE : GC § 11969, as added by P.L. 14-77. Subsection ( 2) [b] amended by P.L. 31-099:7 (Sept. 30, 2011). Subsection (6) [f] amen ded by P.L. 31-099:8 (Sept. 30, 2011). NOTE : Pursuant the authority granted by 1 GCA § 1606, numbers and/or letters were altered to adhere to the Compiler’s alpha-numeric s cheme. § 31109. Powers of the Guam Community College and B oard. The Guam Community College and Board shall have al l the powers necessary and convenient to carry out and perform t he purposes and provisions of this Division except the power to lev y and collect taxes or COL37201417 GCA EDUCATION CH. 31 GCC ADMINISTRATION 6 special assessments including the following in addi tion to other powers granted in this Division, it may: (a) have perpetual succession except if this Chapte r shall expire in accordance with Section 15 of this Chapter. (b) have a seal and modify it. (c) enter into and execute contracts and instrument s of every kind and nature necessary or convenient to the exercise of its powers and functions.

15 of this Chapter. (b) have a seal and modify it. (c) enter into and execute contracts and instrument s of every kind and nature necessary or convenient to the exercise of its powers and functions. The provisions of § 6107 of the Governme nt Code shall not apply to such contracts. (d) in accordance with the Guam Procurement Law, Ch apter 5 of Title 5, Guam Code Annotated, procure supplies, ser vices and construction. (e) to act as administrator for the Federal Adult B asic Education Program. (f) to grant appropriate degrees and issue diplomas in accordance with its rules and regulations. (g) for such legal services as it may require the C ollege may employ or retain its own course and legal staff. (h) to designate by appropriate name, the buildings and facilities on the campus of the Guam Community College and any buildings and facilities under its jurisdiction not located on th e campus of the Guam Community College. The Board shall develop a policy for the naming of buildings and facilities, which policy shall inc lude provisions for such naming based on contributions to the College, local historical significance, academic achievement and exemplary se rvice to the College.

nd facilities, which policy shall inc lude provisions for such naming based on contributions to the College, local historical significance, academic achievement and exemplary se rvice to the College. Any name of any building or facility in ef fect at the time of the enactment of this Section shall continue in effect until a new name is assigned by the Board. SOURCE : GC § 11970, as added by P.L. 14-77; Subsection (4 ) amended by P.L. 16- 124; Subsection (7) added by P.L. 14-138. Subsectio n (8) added by P.L. 24-105.:3. Subsection (d) amended by P.L. 32-026:2 (May 10, 20 13). NOTE : Pursuant the authority granted by 1 GCA § 1606, numbers and/or letters were altered to adhere to the Compiler’s alpha-numeric s cheme. COL37201417 GCA EDUCATION CH. 31 GCC ADMINISTRATION 7 § 31110. President. (a) The Board shall appoint the President of the Co llege who shall be its chief executive officer. The President of the colle ge shall serve as the executive officer of the Board and shall have full charge and control not in conflict with the policy making authority of the Bo ard of Trustees of the administration and business affairs of the College.

utive officer of the Board and shall have full charge and control not in conflict with the policy making authority of the Bo ard of Trustees of the administration and business affairs of the College. (b) The powers of the President include the followi ng: (1) to see that all rules and regulations of the Co llege are enforced; (2) to attend all meetings of the Board and submit a general report of the affairs of the College; (3) to keep the Board advised as to the needs of th e College; (4) to devote his entire time to the business of th e College, to select and appoint the employees of the College exc ept as otherwise provided by this Chapter and to plan, organize, coo rdinate and control the services of such employees in the exercise of t he power of the College under the general direction of the Board; (5) to cause to be submitted to I Maga’lahi (the Governor) and I Liheslatura (the Legislature) one hundred twenty (120) days fr om the end of each fiscal year a report describing the con dition and progress of career and technical education during the year incl uding a financial report showing the result of operations for the pre ceding fiscal year and financial status of the

the con dition and progress of career and technical education during the year incl uding a financial report showing the result of operations for the pre ceding fiscal year and financial status of the College on the last day the reof. The report shall be made in the manner provided by the Board; and (6) to perform such other additional duties as the Board may require. SOURCE : GC § 11971, as added by P.L. 14-77; Subsection (a ) amended by P.L. 17- 17 and further amended by P.L. 18-12:2. The title P rovost changed to President pursuant to P.L. 18-21:1. Subsection (b)(5) amende d by P.L. 31-099:9 (Sep. 30, 2011). § 31111. Custody of Federal Funds; Expenditures. (a) The Guam Community College is the designated cu stodian of all funds received by the government of Guam from the f ederal government for programs administered by the Guam Community College , except for funds awarded to the Guam Community College received via sub-grants within COL37201417 GCA EDUCATION CH. 31 GCC ADMINISTRATION 8 Title V through the Guam Department of Education. The Board of Trustees is authorized and directed to receive and provide f or the proper custody of the funds, and to make disbursement thereof in

N 8 Title V through the Guam Department of Education. The Board of Trustees is authorized and directed to receive and provide f or the proper custody of the funds, and to make disbursement thereof in the manner provided in the federal acts which govern the expenditure of the fu nds. (b) The Board of Trustees is authorized to establis h a public not for profit corporation that shall be separate and apart from the government of Guam and the Guam Community College for the purpose of being able to accept private gifts, donations, endowments, grants , and other monies which may be offered to the Guam Community College. Such gifts, donations, endowments or grants, supra, shall be in accordance with the laws of Guam and subject to reasonable conditions. Such funds re ceived shall be deposited into a fund controlled by the corporation, supra, a nd shall be known as the 'Guam Community College Foundation'. Expenditures from the fund shall be made in accorda nce with such conditions as may be attached to the gift, donation , endowment or grant. SOURCE : GC § 11972, as added by P.L. 14-77; R/R by P.L. 1 5-82. Amended by P.L. 31-099:10 (Sep. 30, 2011). § 31112. Non-appropriated Funds.

ay be attached to the gift, donation , endowment or grant. SOURCE : GC § 11972, as added by P.L. 14-77; R/R by P.L. 1 5-82. Amended by P.L. 31-099:10 (Sep. 30, 2011). § 31112. Non-appropriated Funds. Notwithstanding the provisions of §§ 5162 and 5163 of the Government Code (as enacted in Part V, Section 6 of P.L. No. 15-48), the Guam Community College is authorized to use all rev enues, to include tuition payments and fees, derived from its own sou rces, upon resolution of the Board of Trustees, for the benefit of the Colle ge and in the furtherance of the purposes of this Chapter. SOURCE : GC § 11973, as added by P.L. 14-77; R/R by P.L. 1 5-82. Amended by P.L. 31-099:11 (Sep. 30, 2011). § 31113. Employees. (a) With the exception of academic personnel and un classified employees under §4102 and Chapter 2 of Title 4, Gua m Code Annotated, all other employees of the College shall be classified employees. The employment of classified employees shall be governe d by Title 4, Guam Code Annotated, and other applicable laws. The Pres ident shall serve the College on a contractual basis, and notwithstanding any other provision of law, shall be entitled to all benefits of the Gover nment

notated, and other applicable laws. The Pres ident shall serve the College on a contractual basis, and notwithstanding any other provision of law, shall be entitled to all benefits of the Gover nment of Guam given to employees including being a member of the Retiremen t Fund. The term of the contract of employment between the President an d the Board shall not be COL37201417 GCA EDUCATION CH. 31 GCC ADMINISTRATION 9 for longer than six (6) years, which term may be re newable any number of times. (b) Employees of the College, excluding members of the Board of Trustees of the Guam Community College, shall be me mbers of the government of Guam Retirement Fund, subject to the provisions of §4204 of the Government Code, except that for the purposes o f Subsection (d) of §4204, the employees of the College shall not be co nsidered employees of a public corporation whereby their membership in the Fund is optional and membership therein must be specifically requested. The College shall contribute to the government of Guam Retirement Fun d on the basis of annual billings as determined by the Board of Trust ees, government of Guam Retirement Fund, for the government share of t he cost of

ribute to the government of Guam Retirement Fun d on the basis of annual billings as determined by the Board of Trust ees, government of Guam Retirement Fund, for the government share of t he cost of the retirement benefits applicable to the College’s emp loyees and their beneficiaries. (c) [Repealed]. (d) The Vice-President shall be compensated accordi ng to a salary schedule set by the Board of Trustees. (e) The annual allocation of the Unfunded Retiremen t Fund Contribution Payable relating to the employees of the Guam Community College as determined by an independent auditor wil l not be reported on the financial statements of the Guam Community College. These allocations, including allocations for previous years, will be t he responsibility of the government of Guam General Fund. SOURCE : GC § 11974, as added by P.L. 14-77. Subsection (a ) amended by P.L. 18- 12:3 (Aug. 23, 1985) and P.L. 23-26:9 (June 6, 199 5). Subsection (c) added by P.L. 18-12:4, amended by P.L. 19-13:5 (Dec. 1, 1987) and repealed by P.L. 23-26:12 (June 6, 1995). Subsection (d) added by P.L. 18-32: 26 (A pril 24, 1986) and amended by P.L. 19-13:5 (Dec. 1, 1987). Subsection (e) added b y P.L.

19-13:5 (Dec. 1, 1987) and repealed by P.L. 23-26:12 (June 6, 1995). Subsection (d) added by P.L. 18-32: 26 (A pril 24, 1986) and amended by P.L. 19-13:5 (Dec. 1, 1987). Subsection (e) added b y P.L. 21-03:IV:6 (April 17, 1991). § 31113.1. President and Vice President. (a) Persons who are occupying the positions of Prov ost and Deputy Provost at the time of enactment of this Act shall occupy the positions of President and Vice President, respectively, which a re created pursuant to Section 1, Section 3 and Section 4 of this Act. [Re ference P.L. 18-12]. (b) The President and the Vice President shall only be removed for cause. COL37201417 GCA EDUCATION CH. 31 GCC ADMINISTRATION 10 SOURCE : P.L. 18-12:5 codified by Compiler. § 31114. Instructional Divisions. Initially, there shall be three (3) instructional d ivisions within the College. The Board may from time to time add, aboli sh or merge the divisions within the College as it shall see fit. T he initial three (3) division shall be: (a) The Secondary Division; (b) The Post-Secondary and Continuing Education Div ision; and (c) The Apprenticeship Training Division. SOURCE : GC § 11975, as added by P.L. 14-77.

3) division shall be: (a) The Secondary Division; (b) The Post-Secondary and Continuing Education Div ision; and (c) The Apprenticeship Training Division. SOURCE : GC § 11975, as added by P.L. 14-77. NOTE : Pursuant the authority granted by 1 GCA § 1606, numbers and/or letters were altered to adhere to the Compiler’s alpha-numeric s cheme. § 31115. Same: Division Chief. [Repealed.] SOURCE : GC § 11976, as added by P.L. 14-77. Repealed by P.L. 31-099:12 (Sep. 30, 2011). § 31116. Fees and Tuition. (a) The Board shall establish a schedule of tuition and fees for courses offered by the post-secondary and continuing educat ion division and apprenticeship training division. The schedule of f ees and tuition shall be applicable to all persons who enroll in the College whether or not they are employees of the College, provided, however, that n o tuition shall be charged a student regularly enrolled in any high sc hool who is concurrently enrolled in the College in an Advance Placement Pro gram. (b) The schedule of tuition and fees shall exempt p ersons over the age of fifty-five (55) years from payment of said tuiti on and fees for courses appearing on the regular schedule of classes;

gram. (b) The schedule of tuition and fees shall exempt p ersons over the age of fifty-five (55) years from payment of said tuiti on and fees for courses appearing on the regular schedule of classes; provi ded, that such individuals meet the admission requirements of the Guam Communi ty College. (c) [Repealed.] SOURCE : GC § 11977, as added by P.L. 14-77; R/R by P.L. 1 5-82, Subsection (a) amended by P.L. 16-28. Subsection (c) added by P.L. 23-32:12. Subsection (b) amended by P.L. 26-95:1. Subsection (c) repealed b y P.L. 31-099:13 (Sept. 30, 2011). ---------- COL372014