Chapter 51

17 GCA EDUCATION CH. 51 PEACE OFFICER STANDARDS AND TRAINING COMMISSION 1 CHAPTER 51 PEACE OFFICER STANDARDS AND TRAINING COMMISSION SOURCE : Originally 17 GCA, Chapter 32, Article 3, added b y P.L. 24-145:2 (Feb. 27, 1998); amended in its entirety by P.L. 29-012:2 (Sept. 7, 2007), and recodified by the Compiler pur suant to P.L. 31- 099:16 (Sept. 30, 2011). § 51101. Definitions. § 51102. Created; Membership; Compensation; Meeting s; Publications of Procedures; Standards for Certified Training; Powers and Duties. § 51102.10. Termination of Commission Membership up on Reorganization. § 51102.20. Quorum Requirement. § 51102.30. Amendments of Rules and Regulations. § 51102.40. Authorization to Establish a Standardiz ed and Uniformed Law Enforcement Officer General Force Leadership Structure Tier and Pay Scale Plan for Peace Officers. § 51103. Executive Director; Appointment; Powers an d Duties. § 51103.10. Temporary Vacancy of the Executive Dire ctor. § 51103.20. Nexus Cadre of Trainers. § 51104. Qualifications for Employment as a Peace O fficer; Loss of Certification for Felony Conviction; Termination from Employment. § 51105.

xecutive Dire ctor. § 51103.20. Nexus Cadre of Trainers. § 51104. Qualifications for Employment as a Peace O fficer; Loss of Certification for Felony Conviction; Termination from Employment. § 51105. Certification Without Compliance with Requirements of § 51104; Applicability of Civil Service Provisions. § 51106. POST Fund. [Repealed] § 51107. Saving Clause. § 51108. Conflicting Laws. § 51109. Effective Date. § 51101. Definitions. For purposes of this Article: (a) Commission shall mean the Peace Officer Standards and Training Commission. COL1/11/202217 GCA EDUCATION CH. 51 PEACE OFFICER STANDARDS AND TRAINING COMMISSION 2 (b) Peace Officer , for the purpose of this Article, shall mean (1) the Chief of Police and all sworn officers of t he Guam Police Department, including reservists (Civil ian Volunteer Police Reserve); (2) the Chief and all officers of the Guam Airport Police; (3) the Chief and all officers of the Guam Port Authority Police; (4) the Director of Corrections and all uniformed Correction Officers and Parole Officers, as well as such rehabilitation personnel of the Department of Corrections as are designated by the Director of Corrections; (5) the Director of Customs

formed Correction Officers and Parole Officers, as well as such rehabilitation personnel of the Department of Corrections as are designated by the Director of Corrections; (5) the Director of Customs and all sworn officers of the Customs and Quarantine Agency; (6) the Director and all employees of the Department of Youth Affairs who are engaged in juvenile detention and rehabilitation work as desig nated by the Director of the Department of Youth Affairs; (7) the Chief and all Conservation Officers of the Division of Aquatic and Wildlife Resources of the Department of Agriculture; (8) the Chief and all Guam Park Patrol Officers of the Department of Parks and Recreation; (9) the Attorney General and those employed by the Attorney General’s Office whom he specifically designates; (10) the Chief Marshal and all Marshals, and the Chief of Probation and all Probation Officers of th e Unified Guam Judiciary; (11) all Guam Fire Department (GFD) firefighter personnel engaged in the enforcement of the fire COL1/11/202217 GCA EDUCATION CH. 51 PEACE OFFICER STANDARDS AND TRAINING COMMISSION 3 prevention code, all arson investigators, and those GFD employees whom the Fire Chief specifically

nt of the fire COL1/11/202217 GCA EDUCATION CH. 51 PEACE OFFICER STANDARDS AND TRAINING COMMISSION 3 prevention code, all arson investigators, and those GFD employees whom the Fire Chief specifically designat es. SOURCE: Added by P.L. 24-145:2 (Feb. 27, 1998); amended by P.L. 29-012:2 (Sept. 7, 2007), moved and renumbered purs uant to by P.L. 31- 099:16 (Sept. 30, 2011). Amended by P.L. 33-224:3 ( Jan. 9, 2017). 2017 NOTE: Subsection designations added in (b) pursuant to the authority granted by 1 GCA § 1606. CROSS-REFERENCE: 8 GCA § 5.55 Peace Officer Defined. § 51102. Created; Membership; Compensation; Meeting s; Publications of Procedures; Standards for Certified Training; Powers and Duties. (a) There is hereby created a Peace Officer Standar ds and Training Commission (POST). (1) The Guam Community College (GCC) shall be designated as the State Agency for POST, and shall provide the administrative and professional services to the Commission. (2) If necessary, GCC shall provide a budget reques t, annually, to the Speaker of I Liheslaturan Guåhan for consideration. (3) The Commission shall be composed of fifteen (15) members as follows: (A) the Chief of the Guam Police

ovide a budget reques t, annually, to the Speaker of I Liheslaturan Guåhan for consideration. (3) The Commission shall be composed of fifteen (15) members as follows: (A) the Chief of the Guam Police Department, or his designated representative; (B) the Chief of the Guam Airport Police, or his designated representative; (C) the Chief of the Guam Port Police, or his designated representative; (D) the Attorney General, or his designated representative; (E) the Director of the Customs and Quarantine Agency, or his designated representative; (F) the Director of the Department of Corrections, or his designated representative; COL1/11/202217 GCA EDUCATION CH. 51 PEACE OFFICER STANDARDS AND TRAINING COMMISSION 4 (G) the Chief of the Division of Aquatic and Wildlife Resources of the Department of Agriculture , or his designated representative; (H) one (1) non-voting representative from the University of Guam (UOG), appointed by the Presiden t; (I) one (1) non-voting representative from the Guam Community College (GCC), appointed by the President; (J) the Chief Marshal of the Unified Guam Judiciary, or his designated representative; (K) the Chief of the Guam Fire Department, or his

the Guam Community College (GCC), appointed by the President; (J) the Chief Marshal of the Unified Guam Judiciary, or his designated representative; (K) the Chief of the Guam Fire Department, or his designated representative; (L) the Chief of Probation of the Unified Judiciary , or his designated representative; (M) one (1) voting representative from the Department of Administration, the Personnel Service s Division Administrator, appointed by the Director o f Administration; (N) the Director of the Department of Youth Affairs, or his designated representative; and (O) the Chief of the Aircraft Rescue and Firefighting Unit, or his designated representative . (b) Members of the Commission shall receive no compensation, but shall be reimbursed under §§ 23103 and 23104 of Title 5 of the Guam Code Annotated for travel an d per diem expenses incurred in the performance of their dutie s. For purposes of compensation, attendance at meetings of the Comm ission shall be deemed performance by a member of the duties of his local governmental employment. (c) The Commission shall hold at least four (4) mee tings per year. (d) The Commission shall establish and publish its procedures.

ance by a member of the duties of his local governmental employment. (c) The Commission shall hold at least four (4) mee tings per year. (d) The Commission shall establish and publish its procedures. (e) The Commission shall establish standards for ce rtification COL1/11/202217 GCA EDUCATION CH. 51 PEACE OFFICER STANDARDS AND TRAINING COMMISSION 5 of peace officer training. (f) The Commission shall establish reasonable fees for the application and processing for the certification of peace officers. (g) The Commission in coordination with affected ag encies shall establish: (1) requirements and minimum standards for the certification of peace officers; (2) categories of peace officer certification with respect to the duties and requirements of respective fields ; (3) minimum qualifications for peace officer traini ng instructors; (4) minimum training requirements for peace officer s; (5) collaboration with training providers and educational institutions to establish core curricul um for all designated programs; (6) categories or classification of advanced in-ser vice training programs and minimum courses of study and attendance requirements with respect to the categor ies or

um for all designated programs; (6) categories or classification of advanced in-ser vice training programs and minimum courses of study and attendance requirements with respect to the categor ies or classifications; and (7) a time frame for full compliance with Commissio n requirements by respective departments and agencies . (h) The Commission shall: (1) visit and inspect peace officer training progra ms or their components at any appropriate time; (2) adopt such rules and regulations as it deems pr oper to fully effectuate and carry out the purpose of th is Article, pursuant to the Administrative Adjudication Law; (3) prescribe reasonable minimum qualifications relating solely to the physical, mental and moral fitness of persons recruited, appointed or retained as peace officers by the government of Guam; (4) deny, suspend, or revoke certification of peace officers for substantial failure to comply with thi s Article or COL1/11/202217 GCA EDUCATION CH. 51 PEACE OFFICER STANDARDS AND TRAINING COMMISSION 6 the rules of the Commission, pursuant to procedures and policies enacted pursuant to the Administrative Adj udication Law; (5) recommend to the respective appointing authorit

ND TRAINING COMMISSION 6 the rules of the Commission, pursuant to procedures and policies enacted pursuant to the Administrative Adj udication Law; (5) recommend to the respective appointing authorit ies qualifications of candidates for the offices of Chi ef of Police, the Chief Marshall, the Chief Probation Officer, th e Director of Corrections, and the Director of Customs and Qua rantine Agency; (6) provide management survey and managerial assistance as requested by corrections and law enfo rcement agencies; (7) provide by rule for the reciprocity and recogni tion of equivalent entry level core basic training at a tra ining center by law enforcement officers of the federal governme nt, states or territories of the United States, and, also requir e such additional training for certification as the Commis sion deems necessary; (8) provide by rule for the reciprocity and recogni tion of law enforcement officers of the federal government, states or territories of the United States with five (5) or m ore years of law enforcement experience. The Commission may waiv e the equivalent number of hours of training that an officer obtained in another jurisdiction and may require su ch law

five (5) or m ore years of law enforcement experience. The Commission may waiv e the equivalent number of hours of training that an officer obtained in another jurisdiction and may require su ch law officer to complete training in Guam law; (9) provide by rule for temporary certification of peace officers who have previously completed basic peace officer training but have since left service in good standi ng, provided that said peace officers shall satisfy standards an d training requirements as set by the Commission; (10) provide by rule for the temporary certificatio n of peace officers from other jurisdictions who have co mpleted basic peace officer training and have since left se rvice in good standing, provided that said peace officers sa tisfy standards and training requirements as set by the Commission; COL1/11/202217 GCA EDUCATION CH. 51 PEACE OFFICER STANDARDS AND TRAINING COMMISSION 7 (11) establish supervisory, managerial, and executi ve level standards and certification for the agencies covered by this Chapter; and (12) may enter into professional developments with the Guam Community College, the University of Guam, or another suitable institution.

and certification for the agencies covered by this Chapter; and (12) may enter into professional developments with the Guam Community College, the University of Guam, or another suitable institution. (i) The Commission shall elect a chairperson and vi ce- chairperson from among its members every two (2) ye ars. A non- voting member shall not serve as chairperson or vic e chairperson of the Commission. SOURCE : Subsection (a) amended by P.L. 30-089:2 (Feb. 8, 2010), and P.L. 33-109:3 (Feb. 3, 2016). Subsection (i) added by P.L. 30-089:4 (Feb. 8, 2010). Amended by P.L. 31-049:2 (May 23, 2011). Subsection (a)(3) amended by P.L. 34-090:2 (May 14, 2018). § 51102.10. Termination of Commission Membership Up on Reorganization. A Commissioner who is a member of the Commission, pursuant to § 51102 (a) of this Chapter, shall imme diately lose membership upon a reorganization of the agency whic h the member represents. § 51102.20. Quorum Requirement. A minimum of five (5) voting members present shall constitute a quorum for the transaction of business , and the affirmative votes of five (5) voting members shall be required to make any action of the Commission valid.

) voting members present shall constitute a quorum for the transaction of business , and the affirmative votes of five (5) voting members shall be required to make any action of the Commission valid. No action shall be taken by the Commission at any meetings or hearings , unless a quorum is present. SOURCE : Added by P.L. 30-089:3 (Feb. 8, 2010). § 51102.30. Amendments of Rules and Regulations. The Guam P.O.S.T. Commission shall have the administrative authority to amend the rules and reg ulations of 27 GARR Chapter 3 to sustain a high degree of professi onalism among the law enforcement agencies and to determine fitness requirements. Such rules and regulations shall be a mended in accordance with the provisions of the Administrativ e Adjudication Law as prescribed in 5 GCA Chapter 9 . COL1/11/202217 GCA EDUCATION CH. 51 PEACE OFFICER STANDARDS AND TRAINING COMMISSION 8 SOURCE : Added by P.L. 35-079:3 (Mar. 20, 2020). § 51102.40. Authorization to Establish a Standardi zed and Uniformed Law Enforcement Officer General Force Leadership Structure Tier and Pay Scale Plan for Pe ace Officers.

35-079:3 (Mar. 20, 2020). § 51102.40. Authorization to Establish a Standardi zed and Uniformed Law Enforcement Officer General Force Leadership Structure Tier and Pay Scale Plan for Pe ace Officers. (a) Notwithstanding any other provision of law, the Commission is authorized to establish a Standardize d and Uniformed Law Enforcement Officer General Force Lea dership Structure and Pay Scale Plan for Category 1 Peace O fficers, as defined pursuant to Chapter 3 of 27 GAR. The Commis sion shall have up to one (1) year from the enactment of this Section to complete this plan, and the plan shall be presented to I Liheslaturan Guahan no later than thirty (30) days upon completion for review and consideration. (b) The Commission shall develop a Law Enforcement Officer General Schedule which shall identify a gen eral base salary and pay grades of the law enforcement office rs of the classified service. Grades shall be identified to b e commensurate with the appropriate levels of duties and responsib ilities as it relates to basic, supervisory, and management respo nsibilities. Step pay shall be established with minimum and maxi mum salaries identified in the various steps.

f duties and responsib ilities as it relates to basic, supervisory, and management respo nsibilities. Step pay shall be established with minimum and maxi mum salaries identified in the various steps. Salaries for each respective law enforcement officer position as it relates to t he law enforcement officer force structure shall be establ ished within each pay grade according to cumulative years of ser vice. The Commission shall include the advisories of the Guam Federation of Teachers (GFT) and the Civil Service Commission (CSC) in the completion of the pay scale plan. SOURCE : Added by P.L. 36-054:XII:43 (Sept. 11, 2021). 2021 NOTE : Subsection designations added pursuant to the au thority of 1 GCA § 1606. § 51103. Executive Director; Appointment; Powers an d Duties. (a) The Executive Director of the Commission shall be appointed by and serve at the pleasure of the Commi ssion. (1) The Executive Director shall be the chief execu tive officer of the Commission. COL1/11/202217 GCA EDUCATION CH. 51 PEACE OFFICER STANDARDS AND TRAINING COMMISSION 9 (2) The Commission shall establish the minimum qualifications for the Executive Director.

icer of the Commission. COL1/11/202217 GCA EDUCATION CH. 51 PEACE OFFICER STANDARDS AND TRAINING COMMISSION 9 (2) The Commission shall establish the minimum qualifications for the Executive Director. (b) With the approval of the Commission, the Execut ive Director shall: (1) certify Peace Officer Training programs or institutions; (2) certify peace officers who have satisfactorily completed training; (3) consult and cooperate with peace officer traini ng academies in the development of basic and continuin g education training programs for peace officers; (4) consult and cooperate with the Guam Community College, the University of Guam, other institutions of higher education, or any POST certified advanced training programs for the development of specialized courses of study on Guam for peace officers in the areas of police s cience, police administration, the social sciences and othe r related areas; (5) consult and cooperate with other departments an d agencies concerned with peace officer training; (6) report to the Commission at regular meetings of the Commission and at other times as required to recomm end denial, suspension, or revocation of certification of a peace officer

officer training; (6) report to the Commission at regular meetings of the Commission and at other times as required to recomm end denial, suspension, or revocation of certification of a peace officer to the Commission as deemed necessary; and (7) shall , in cooperation with the State Agency, maintain custody of all records of the Commission. SOURCE : Amended by P.L. 31-049:3 (May 23, 2011). 2018 NOTE: Subsection/subitem designations altered/added in subsection (a) pursuant to the authority of 1 GCA § 1606. § 51103.10. Temporary Vacancy of the Executive Dire ctor. If a temporary vacancy occurs in the position of Exec utive Director for any reason, the Commission shall select from among its voting members a designated representative who shall become the Acting Executive Director until such time the C ommission COL1/11/202217 GCA EDUCATION CH. 51 PEACE OFFICER STANDARDS AND TRAINING COMMISSION 10 appoints a new Executive Director. § 51103.20. Nexus Cadre of Trainers . (a) The Guam Police Department, Customs and Quarant ine Agency, Guam Fire Department, Department of Correct ions, and the Department of Law shall respectively designate one (1) or more qualified employees to participate

Department, Customs and Quarant ine Agency, Guam Fire Department, Department of Correct ions, and the Department of Law shall respectively designate one (1) or more qualified employees to participate in the cadr e of trainers of the Peace Officer Standards and Training Commission (PO ST). The Commission, based on qualification and POST spe cialized training needs, shall establish training criteria for the cadre to train peace officer recruits for POST programs. (b) The Commission may assign supervision and responsibility of a certified POST training program to a POST agency. (c) Notwithstanding any other law affecting the rea ssignment of an employee as a POST trainer, the employee’s pa rticipation shall be deemed part of his usual duties and he shall be compensated by his employing agency at his usual sa lary. § 51104. Qualifications for Employment as a Peace O fficer; Loss of Certification for Felony Conviction; Termin ation from Employment . (a) Within fifteen (15) days after the appointment, termination, resignation or death of any peace officer, written notice thereof shall be given to the Commission by the employing agency.

ployment . (a) Within fifteen (15) days after the appointment, termination, resignation or death of any peace officer, written notice thereof shall be given to the Commission by the employing agency. (b) No public official, Guam agency or any other person authorized by law to appoint peace officers on Guam shall appoint any person as a peace officer who does not meet the following qualifications. The person shall : (1) be a United States citizen or a resident who is legally authorized to work within the United States and its territories; (2) be at least eighteen (18) years of age; (3) be fingerprinted; local and national fingerprin t files shall be searched to determine if the applicant has a cri minal record; COL1/11/202217 GCA EDUCATION CH. 51 PEACE OFFICER STANDARDS AND TRAINING COMMISSION 11 (4) not have been convicted in any civilian or military court of a felony, a crime involving moral turpitud e, a crime of domestic or family violence, regardless of whether he has been pardoned or commuted by I Maga’lahen Guåhan regarding such conviction; (5) hold a high school diploma or evidence of an equivalent achievement; (6) have good moral character as determined by a background

oned or commuted by I Maga’lahen Guåhan regarding such conviction; (5) hold a high school diploma or evidence of an equivalent achievement; (6) have good moral character as determined by a background investigation; the hiring agency shall complete a background investigation defined by the Commission of any applicant for employment as a peace officer before the applicant may be employed or begin training as a peace officer; (7) be free of any physical, emotional or mental conditions which might adversely affect his perform ance of duty as a peace officer; physical condition shall be evaluated by a person licensed to practice medicine; emotiona l and mental conditions shall be evaluated by a licensed psychologist or psychiatrist; and (8) pass an oral interview examination by the hirin g agency. (c) Notwithstanding any general, specific or local law or charter to the contrary, no person shall receive an original appointment on a permanent basis or hold an appointment on a permanent basis as a peace officer, unless the pers on has been awarded a certificate by the Executive Director att esting to his satisfactory completion of an approved peace office r basic training program.

t basis as a peace officer, unless the pers on has been awarded a certificate by the Executive Director att esting to his satisfactory completion of an approved peace office r basic training program. (d) Notwithstanding Subsection (c) of this Section, the Commission may waive the basic peace officer traini ng program by reciprocity or equivalency pursuant to Subsections 51102 (h)(8), (9), or (10) and certify applicants passing a written examination established by the Commission or an oral interview attesting to the applicant’s ability in law enforce ment. The applicant shall demonstrate that he satisfactorily completed a basic peace officer training program which, in the Commission’s opinion, is comparable to that required by this Sec tion. COL1/11/202217 GCA EDUCATION CH. 51 PEACE OFFICER STANDARDS AND TRAINING COMMISSION 12 (e) Notwithstanding any other law or Civil Service requirements, a person who is convicted of a felony , a crime involving moral turpitude, or a crime of domestic or family violence after his appointment as a peace officer i s ineligible for continued employment as a peace officer.

nvicted of a felony , a crime involving moral turpitude, or a crime of domestic or family violence after his appointment as a peace officer i s ineligible for continued employment as a peace officer. (1) If the person has been certified under this Section, his certification shall be automatically revoked on the date of his conviction. (2) The Executive Director shall notify the person and the person’s employing agency upon revocation of certification under this Subsection. (f) In the case of termination of a peace officer, the employing agency shall notify the Commission and the officer, in writing, of the termination setting forth in detail s the facts and reasons for the termination. (1) If the officer is terminated for failure to comply wi th this Act, or rules promulgated under it, the notice shall so specify. (2) Any officer who has been terminated may present a written statement to the Commission responding to t he claims made against him or setting forth the facts and reasons for the termination as he believes them to be, and that statement shall become a permanent part of the file.

mmission responding to t he claims made against him or setting forth the facts and reasons for the termination as he believes them to be, and that statement shall become a permanent part of the file. (3) A potential employer may contact the Commission to inquire as to the facts and reasons an officer w as terminated from any previous employing agency. (4) Unless otherwise prohibited by law, the Commiss ion shall , upon request, provide to the potential employer a ll pertinent information which is in its possession. 2018 NOTE: Subsection/subitem designations altered/added purs uant to the authority of 1 GCA § 1606. § 51105. Certification without Compliance with Requ irements of § 51104; Applicability of Civil Service Provisio ns . (a) Notwithstanding any other provision within this Article, any person who has been employed on a permanent bas is as a COL1/11/202217 GCA EDUCATION CH. 51 PEACE OFFICER STANDARDS AND TRAINING COMMISSION 13 peace officer on Guam prior to the enactment hereof and who is currently employed as a peace officer or was previously employed as a peace officer for at least ten (10) years prio r to enactment hereof, may be certified as a peace officer by the

ereof and who is currently employed as a peace officer or was previously employed as a peace officer for at least ten (10) years prio r to enactment hereof, may be certified as a peace officer by the Executive Director without having complied with § 51104 (b) a nd (c). (b) Nothing in this Act shall be construed to exempt any peace officer from the provisions or requirements of civil service. (c) An employing agency may establish qualification s and standards for hiring and training that exceed the m inimum qualifications and standards set by the Commission. § 51106. POST Fund. [Repealed.] SOURCE : Originally 17 GCA, Chapter 32, Article 3, added b y P.L. 24- 145:2 (Feb. 27, 1998); amended in its entirety by P.L. 29-012:2 (Sept. 7, 2007), and recodified by the Compiler pursuant to P .L. 31-099:16 (Sept. 30, 2011). Repealed by P.L. 36-071:2 (Dec. 27, 2021 ). 2018 NOTE: Subsection/subitem designations altered/added purs uant to the authority of 1 GCA § 1606. § 51107. Saving Clause. This Act does not explicitly pre-empt other laws or regulations that preserve to a greater degree the p owers of I Maga’lahen Guåhan or the Judiciary; provided , that such laws or regulations are

se. This Act does not explicitly pre-empt other laws or regulations that preserve to a greater degree the p owers of I Maga’lahen Guåhan or the Judiciary; provided , that such laws or regulations are consistent, and do not otherwise restrict or interfere with, the operation or enforcement of this Act. § 51108. Conflicting Laws. (a) Federal Supremacy. This Article does not restrict any person or government instrumentality from complying with Federal law or regulations. (b) Prior Conflicting Acts. If a conflict arises between this Article and other local laws or regulations concerning training standards and certification of peace officers, this Article shall control. § 51109. Effective Date. The Commission shall be established and become operational immediately. Incumbent peace officers shall have COL1/11/202217 GCA EDUCATION CH. 51 PEACE OFFICER STANDARDS AND TRAINING COMMISSION 14 thirty-six (36) months from the date of the enactme nt of the rules and regulations required by § 51102 (h), to be POST certified, provided that the Commission may grant extensions t o protect the integrity of agency operations. ---------- COL1/11/2022