Chapter 2

4 GCA PUBLIC OFFICERS & EMPLOYEES CH. 2 APPOINTMENTS TO OFFICE 1CHAPTER 2 APPOINTMENTS TO OFFICE § 2101. Appointments to Fill Vacancies. § 2102. Same: Where Term is Fixed by Law. § 2103. Same: Where Consent of the Legislature Requ ired. § 2103.1. Persons Denied Confirmation; Acting Capac ity. § 2103.2. Same: Contracts and Unclassified Position s. [Repealed.] § 2103.3. Excessive Duration of Vacancies. § 2103.4. Definitions. § 2103.5. Submission for Legislative Advice and Con sent. § 2103.6. Resignations from Positions. § 2103.7. Undated Courtesy Resignations Not Allowed . § 2103.8. Moving from Unclassified to Classified Po sition. § 2103.9. Time Limits on Acting Capacity for Positi ons Requiring Legislative Approval. § 2103.10. Withdrawal of Nomination. § 2103.11. Deputy May Become Acting. § 2103.12. Acting Capacity. § 2103.13. Convictions. § 2103.14. Retroactive Pay. § 2103.15. Duration of Unclassified Appointments an d Contracts. § 2103.16. Employment and Employment Contracts; Whe n Forbidden. § 2104. Same: Conflict of Interest. § 2105. Same: Representation of Sexes. § 2105.1. Same: Youth Membership. § 2106. Duration of Appointments. § 2107. Employment Contracts - When Forbidden.

orbidden. § 2104. Same: Conflict of Interest. § 2105. Same: Representation of Sexes. § 2105.1. Same: Youth Membership. § 2106. Duration of Appointments. § 2107. Employment Contracts - When Forbidden. § 2108. Re-employed Employees. § 2109. Prohibition Against Hiring New, Unclassifie d Employees Following the Defeat of an Incumbent in an Election. § 2110. Prohibition Against Hiring Unclassified Emp loyees Employed by Incumbents Not Seeking Re-election. § 2111. Screening of Volunteers in Government of G uam Agencies. COL6/5/20194 GCA PUBLIC OFFICERS & EMPLOYEES CH. 2 APPOINTMENTS TO OFFICE 2§ 2101. Appointments to Fill Vacancies . Whenever a vacancy occurs in any office and there is no other provision of law for the filling of such vaca ncy, the Governor shall appoint some qualified person to fil l such office. SOURCE: GC § 3100. § 2102. Same: Where Term is Fixed by Law . Whenever a vacancy occurs in any office the term o f which is fixed by law, such vacancy shall be filled as pr ovided by law for the balance of the unexpired term thereof. SOURCE: GC § 3101. § 2103. Same: Where Consent of the Legislature Requ ired.

o f which is fixed by law, such vacancy shall be filled as pr ovided by law for the balance of the unexpired term thereof. SOURCE: GC § 3101. § 2103. Same: Where Consent of the Legislature Requ ired. Whenever an appointment by the Governor requires th e consent of the Legislature, the Governor shall subm it such appointment to the Legislature within ten (10) days of making the appointment. If such Legislature has adjourned sine die, then the appointment shall be submitted to the first mee ting of the next Legislature within ten (10) days after the com mencement thereof. Whenever the Legislature has adjourned sin e die without having confirmed or rejected an appointment, such a ppointment shall thereupon automatically terminate. Any appoin tment not submitted to the Legislature in accordance with thi s Section shall automatically terminate as of the end of the last d ay available for submission. Any office to which appointment require s legislative consent which becomes vacant shall remain vacant un til the Legislature consents to the appointment; provided, however, that the confirmation of an Acting appointee shall autom atically include approval of retroactive pay to the date of

main vacant un til the Legislature consents to the appointment; provided, however, that the confirmation of an Acting appointee shall autom atically include approval of retroactive pay to the date of his acting appointment. As to positions requiring legislative appointment, no appointment or acting appointment to fill a posi tion which is vacant is effective until the appointment or acting appointment is transmitted to the Speaker of the Legislature. SOURCE: GC § 3102, amended by P.L. 11-098:1 (Oct. 27, 1971 ). Amended by P.L. 22-108:1 (Apr. 1, 1994). § 2103.1. Persons Denied Confirmation; Acting Capac ity. No funds appropriated by the law may be expended to pay salary and personnel benefits or to pay someone on contract who COL6/5/20194 GCA PUBLIC OFFICERS & EMPLOYEES CH. 2 APPOINTMENTS TO OFFICE 3serves in an acting capacity in a position to which he or she was appointed by the Governor and subsequently denied confirmation by the Legislature for any period of t ime following the denial of confirmation. SOURCE: Added as uncodified law by P.L. 18-009:7 (July 23, 1985). Codified by Compiler. § 2103.2. Same: Contracts and Unclassified Position s.

ny period of t ime following the denial of confirmation. SOURCE: Added as uncodified law by P.L. 18-009:7 (July 23, 1985). Codified by Compiler. § 2103.2. Same: Contracts and Unclassified Position s. [Repealed.] SOURCE: Added as uncodified law by P.L. 18-009:8 (July 23, 1985). Codified by the Compiler. Repealed by P.L. 22-108:1 5 (Apr. 1, 1994). § 2103.3. Excessive Duration of Vacancies. Appointm ent by Speaker . If a vacancy on any board or commission, which is to be filled by appointment of the Governor, occurs for l onger than ninety (90) days without transmittal to the Legisla ture of documents indicating the Governor's choice to fill the vacancy, then the Speaker of the Legislature shall appoint s omeone to fill the vacancy, with the advice and consent of the Leg islature, by transmitting the documents indicating the appointme nt to the Legislative Secretary and to the Governor. Any appo intment to fill a vacancy which is made by the Speaker pursuan t to this Section shall not become void due to a later appoin tment by the Governor to fill the same vacancy. If any portion o r application of this Section is held invalid with respect to any board or commission, such portion or

come void due to a later appoin tment by the Governor to fill the same vacancy. If any portion o r application of this Section is held invalid with respect to any board or commission, such portion or application that remain s valid for any other board or commission shall remain in effec t. This Section shall apply to any vacancy existent on the effective date of this Section which has occurred for longer than ninety (90) days either before or after the effective date of t his Section. SOURCE: Added by P.L. 19-11:11 (Nov. 27, 1987). § 2103.4. Definitions. As used in this chapter, the following terms have t he following meanings: (a) Appointing authority - either the governor of G uam or any other board, commission or duly authorized p ublic entity or individual charged with the duty to appoi nt an COL6/5/20194 GCA PUBLIC OFFICERS & EMPLOYEES CH. 2 APPOINTMENTS TO OFFICE 4approved official or an approved board official. (b) Appointed official - any official who is appoin ted by the Governor. (c) Approved official - an official who is appointe d by the Governor with the advice and consent of the Leg islature.

ficial. (b) Appointed official - any official who is appoin ted by the Governor. (c) Approved official - an official who is appointe d by the Governor with the advice and consent of the Leg islature. (d) Appointed position - any position which is fill ed by appointment by the Governor. (e) Approved position - a position which is filled by the Governor with the advice and consent of the Leg islature. (f) Appointed board official - any official who is appointed by any board or commission of the governm ent of Guam. (g) Approved board official - an official who is appointed by any board or commission with the advic e and consent of the Legislature. (h) Official - a member of a board or commission of the government of Guam, or an officer or employee o f the government of Guam. (i) Undated courtesy resignations - the practice of requiring or submitting undated resignations to be accepted at a later date by the appointing authority. (j) Legislative day - a day during which the Legisl ature is in actual session, and during which it engages o r may engage in debate. Excluded are sessions in which th e Legislature convenes solely for ceremonial purposes for state funerals or addresses by

is in actual session, and during which it engages o r may engage in debate. Excluded are sessions in which th e Legislature convenes solely for ceremonial purposes for state funerals or addresses by the Governor, Chief Justice, or Guam Delegate. In computing the period 'ninety ( 90) days plus three (3) legislative days' or any simila r terminology using a different number of days, the t erm Aplus __ Legislative days @ shall be deemed to refer to legislative days which occur following the expirati on of the ninety (90) day or other initial period. (k) Acting appointment - the filling of a position by a person who has not been appointed to fill the posit ion on a permanent basis, or, in the case of positions requi ring the COL6/5/20194 GCA PUBLIC OFFICERS & EMPLOYEES CH. 2 APPOINTMENTS TO OFFICE 5advice and consent of I Liheslatura , the situation where a person is filling the position in an acting capacit y whose nomination to fill the position permanently has bee n received by I Liheslatura , but has not been confirmed to the position by I Liheslatura . Acting appointments include so- called ‘holdover’ positions on boards and agencies, such as when the enabling legislation

I Liheslatura , but has not been confirmed to the position by I Liheslatura . Acting appointments include so- called ‘holdover’ positions on boards and agencies, such as when the enabling legislation provides that an appo intee shall serve until his or her successor is appointed . In construing the time limits in this Chapter, all tim e as an acting appointee shall be included together, even i f such acting time was spent in an acting position pursuan t to different appointments or as a ‘holdover’. I Maga’lahen Guåhan shall inform the Speaker of I Liheslaturan Guåhan , in writing, of any acting appointments upon appoint ment. (l) Acting capacity - the serving of a person in a position in an acting capacity or pursuant to an ac ting appointment. (m) Salaried position - any position receiving a sa lary, but not including members of boards and commissions receiving a stipend for each meeting attended. (n) Ninety (90) days - in computing the ninety (90) day time limit imposed in this Chapter, the term ninety (90) days shall mean ninety (90) calendar days from the date of the initial acting appointment. SOURCE: Added by P.L. 22-108:2 (Apr. 1, 1994).

day time limit imposed in this Chapter, the term ninety (90) days shall mean ninety (90) calendar days from the date of the initial acting appointment. SOURCE: Added by P.L. 22-108:2 (Apr. 1, 1994). Subsection s (k) and (l) amended by P.L. 27-106:VI:28 (Sept. 30, 2004); and P.L. 28- 068:IV:83-84 (Sept. 30, 2005). Subsection (n) amend ed by P.L. 35-008:2 (April 5, 2019). 2015 NOTE: Pursuant to an amendment to § 22A(b)(2) of the Or ganic Act of Guam by Pub. L. 108-378:1(b) (Oct. 30, 2004) , references to 'Presiding Judge' have been changed to 'Chief Justi ce.' See 48 U.S.C. § 1424-1(b)(2). § 2103.5. Submission for Legislative Advice and Con sent . The appointing authority shall submit to the Speaker of I Liheslaturan Guåhan the name of the nominee to a position in a nomination letter to be hand delivered to the offic e of the Speaker. The nomination letter shall include the following: name; position to which the appointment is made; ad dress; COL6/5/20194 GCA PUBLIC OFFICERS & EMPLOYEES CH. 2 APPOINTMENTS TO OFFICE 6citizenship; age; educational background; prior gov ernment service whether within or without the government of Guam; information pertinent to the position's

& EMPLOYEES CH. 2 APPOINTMENTS TO OFFICE 6citizenship; age; educational background; prior gov ernment service whether within or without the government of Guam; information pertinent to the position's qualificati ons; police clearance report; a copy of DD Form 214 for those w ith prior military service; special distinctions and honors; whether the nominee has been found guilty of a felony in any co urt, whether within or without the United States, and if so, shall specify in detail the address of the court, the date of convic tion and the specific infraction committed; whether the nominee has been declared mentally incompetent by any court, whether within or without the United States, and if so, specify in de tail reasons and facts related to such declaration; whether the nomi nee has been found not guilty or not punishable in any criminal proceedings by reason of insanity; whether the nominee has been confined to a mental institution for any reason, and if so, the reasons why the appointing authority believes the nominee is not su ffering from any mental illness or affliction. The applicant shall execute an affidavit under pen alty of perjury that the applicant has read and

e appointing authority believes the nominee is not su ffering from any mental illness or affliction. The applicant shall execute an affidavit under pen alty of perjury that the applicant has read and reviewed th e information contained in the nomination letter from I Maga'lahen Guåhan that the matters contained in such nomination lette r and all attachments thereto are true and correct. If the ap plicant cannot, or will not, certify or verify the accuracy of any par t of the nomination letter, it shall be so noted in the appl icant's affidavit. SOURCE: Added by P.L. 22-108:3 (Apr. 1, 1994). Amended by P.L. 26-119:4 (Aug. 14, 2002). Amended by P.L. 29-020:2 (Oct. 10, 2007). § 2103.6. Resignations From Positions. (a) A resignation from any position shall be in wr iting ('Resignation Letter') and directed to the appointi ng authority, and shall, by its terms, be effective immediately o r on a date certain. If no effective date is indicated, it shal l be effective upon delivery to the appointing authority. Upon receipt by the appointing authority of any such Resignation Letter , the appointing authority may make the resignation effec tive immediately or sooner than the effective date

ointing authority. Upon receipt by the appointing authority of any such Resignation Letter , the appointing authority may make the resignation effec tive immediately or sooner than the effective date in th e Resignation Letter. Such resignation shall be effective accordi ng to its terms unless the appointing authority, at its discretion, makes the resignation effective immediately or at sometime so oner than the COL6/5/20194 GCA PUBLIC OFFICERS & EMPLOYEES CH. 2 APPOINTMENTS TO OFFICE 7Resignation Letter. If the position involved requir es the advice and consent of the Legislature, the appointing auth ority shall immediately after receipt of the Resignation Letter forward a copy of such Resignation Letter to the Speaker of t he Legislature. Once such a Resignation Letter is deli vered to the appointing authority, it may not be later withdrawn by the resigning person without the consent of the appoint ing authority. Acceptance of such resignation by the appointing au thority is not required for the resignation to become effective. (b) When, as to positions requiring the advice and consent of the Legislature, the appointing authority and th e appointee following delivery of a

ot required for the resignation to become effective. (b) When, as to positions requiring the advice and consent of the Legislature, the appointing authority and th e appointee following delivery of a Resignation Letter to the a ppointing authority, jointly decide to withdraw the resignati on after its submittal, the appointing authority shall within fi ve (5) calendar days submit the name of the appointee to the Legislature for a new confirmation process as a new appointee. (c) A Resignation Letter by any officer or employee of the government of Guam, its agencies and instrumentalit ies, which is directed to the Governor or directed to any of the person's supervisors shall be treated as a non-revocable res ignation as if it had been directed to an appointing authority. (d) In the case of appointments awaiting action by the Legislature for confirmation, either the appointing authority or the appointee may unilaterally request the Speaker of the Legislature to withdraw the nomination of the appoi ntee, which withdrawal shall be effective immediately. Such a w ithdrawal of nomination shall have the effect of terminating any acting appointments for the position in question which the

f the appoi ntee, which withdrawal shall be effective immediately. Such a w ithdrawal of nomination shall have the effect of terminating any acting appointments for the position in question which the appointee may hold. (e) In the case of resignations by elected official s, every elected official except the Governor and a senator, may submit a Resignation Letter to the Governor. The Governor ma y submit a Resignation Letter to the Speaker of the Legislatur e, and a senator may submit a Resignation Letter to either t he Governor or the Speaker. A judge or justice shall submit a R esignation Letter to the Governor. SOURCE: Added by P.L. 22-108:4 (Apr. 1, 1994). COL6/5/20194 GCA PUBLIC OFFICERS & EMPLOYEES CH. 2 APPOINTMENTS TO OFFICE 8§ 2103.7. Undated Courtesy Resignations not Allowed . The practice of requiring or submitting undated res ignations to be accepted at a later date by the appointing au thority or any other person is hereby declared to be contrary to p ublic policy for any position within the government of Guam. Nei ther the Governor of Guam nor any other person may request a n undated resignation letter or courtesy resignation from any officer or employee of the

r any position within the government of Guam. Nei ther the Governor of Guam nor any other person may request a n undated resignation letter or courtesy resignation from any officer or employee of the government of Guam, whether or not the position held by such person is subject to the advi ce and consent of the Legislature; and no officer or employee of t he government of Guam shall submit such an undated resignation le tter, and any such undated Acourtesy @ resignation letter submitted in violation of this section shall be void. SOURCE: Added by P.L. 22-108:5 (Apr. 1, 1994). § 2103.8. Moving From Unclassified to Classified Po sition. No government of Guam official or employee who occu pies an unclassified position within the government of G uam, (including positions on boards and commissions whic h are paid a stipend for each meeting attended), may fill a perm anent classified position with the government of Guam for a period of one hundred eighty (180) days following termination of his or her employment at the unclassified position; provid ed, however, that such a former unclassified official or employe e may be hired to fill a critical, but vacant, classified position during

f his or her employment at the unclassified position; provid ed, however, that such a former unclassified official or employe e may be hired to fill a critical, but vacant, classified position during such one hundred eighty (180) day period, but such appointme nt may not be made permanent during such one hundred eighty (1 80) day period, and the person shall be subject to dismissa l without cause during the one hundred eighty (180) day period in t he same manner as an unclassified employee, notwithstanding any other law, or rule, or regulation of the government of Gu am to the contrary. SOURCE: Added by P.L. 22-108:6 (Apr. 1, 1994). AG O PINION : This section is a violation of the equal protection provisions of the U.S. Constitution through the Org anic Act, and is also a Bill of Attainder. AG Opin. #DOA 94-0875 (08/05/94) . § 2103.9. Time Limits on Acting Capacity for Positi ons Requiring Legislative Approval . COL6/5/20194 GCA PUBLIC OFFICERS & EMPLOYEES CH. 2 APPOINTMENTS TO OFFICE 9(a) I Maga’lahen Guåhan [the Governor] or appointing authority may, by separate appointment, appoint a p erson in an acting capacity to fill a salaried position which r equires the advice and

OFFICE 9(a) I Maga’lahen Guåhan [the Governor] or appointing authority may, by separate appointment, appoint a p erson in an acting capacity to fill a salaried position which r equires the advice and consent of I Liheslaturan Guåhan [Guam Legislature]. No person may serve in such an actin g capacity for a period in excess of ninety (90) days, provided, t hat no acting director who is not otherwise a classified employee of the government of Guam may serve in the capacity of act ing director without the transmittal of such person’s name to I Liheslaturan Guåhan for the purpose of confirmation within fifteen (15 ) days of their appointment as acting director. This Sect ion does not apply to appointments to classified positions, but does apply to classified employees appointed in an acting capacit y to a position requiring the advice and consent of I Liheslaturan Guåhan . This Section does not apply to appointments to clas sified positions, but does apply to classified employees a ppointed in an acting capacity to positions requiring the advice a nd consent of I Liheslaturan Guåhan . (b) In the event of that person =s rejection, a candidate's nomination may be resubmitted by the

ointed in an acting capacity to positions requiring the advice a nd consent of I Liheslaturan Guåhan . (b) In the event of that person =s rejection, a candidate's nomination may be resubmitted by the appointing aut hority to fill the same position, but the candidate may not f unction in an acting capacity for that position following such re jection, and may assume the position only when confirmed by I Liheslaturan Guåhan . (c) No funds appropriated by law may be expended to pay a salary or any personnel benefits of any kind, or to pay someone on payroll or contract who serves in an acting capa city in a position to which that person was appointed by I Maga’lahen Guåhan and subsequently denied confirmation by I Liheslaturan Guåhan , for a period of three (3) years following rejecti on of that person =s appointment by I Liheslaturan Guåhan . (d) No person shall serve in an acting capacity on any board or commission requiring legislative advice and cons ent. Failure to comply with this Subsection shall render the act ions of a defective appointee null and void. (e) An appointed board or commission member may COL6/5/20194 GCA PUBLIC OFFICERS & EMPLOYEES CH.

ilure to comply with this Subsection shall render the act ions of a defective appointee null and void. (e) An appointed board or commission member may COL6/5/20194 GCA PUBLIC OFFICERS & EMPLOYEES CH. 2 APPOINTMENTS TO OFFICE 10 continue to serve for ninety (90) calendar plus thr ee (3) legislative days in that persons position after tha t persons term has expired in an acting holdover capacity until th at person, or another person, is appointed by I Maga’lahen Guåhan [Governor] and confirmed by I Liheslaturan Guåhan [the Legislature]. (f) The ninety (90) calendar day plus the three (3) legislative day limitation period for serving in an acting capa city shall not be tolled because another person is serving in a te mporary acting capacity during the nominee's absence, nor shall it be tolled by the appointment of some other person to temporarily fill the position in an acting capacity. SOURCE: Added by P.L. 22-108:7 (Apr. 1, 1994). Amended by P.L. 26-119:4 (Aug. 14, 2002). Subsection (d) amended by P.L. 27-106:IV:29 (Sept. 30, 2004) and P.L. 28-068:IV:85 (Sept. 30, 2 005). Subsection (a) amended by P.L. 29-113:VI:29 (Sept. 30, 2008). Sub sections (d) and (e) amended by P.L.

ction (d) amended by P.L. 27-106:IV:29 (Sept. 30, 2004) and P.L. 28-068:IV:85 (Sept. 30, 2 005). Subsection (a) amended by P.L. 29-113:VI:29 (Sept. 30, 2008). Sub sections (d) and (e) amended by P.L. 29-113:VI:31(a) (Sept. 30, 2008), e ffective 60 days from the enactment of the Act, pursuant to P.L. 29- 113:VI:31(b). § 2103.10. Withdrawal of Nominations. The appointing authority or the appointee may with draw a Nomination Letter at any time prior to confirmation by delivering a letter of withdrawal to the Speaker. T he withdrawal shall become effective upon receipt by the Speaker, effected in the same manner as submission. A person whose nomin ation has been withdrawn may neither serve nor be reappointed to serve in an acting capacity for that position until the Legi slature confirms a nominee to fill that position permanently. SOURCE: Added by P.L. 22-108:8 (Apr. 1, 1994). § 2103.11. Deputy May Become Acting. If upon the expiration of the maximum term for ser ving in an acting capacity, a nominee to an approved positi on has not been confirmed, any person appointed to a deputy po sition, if such exists, may assume the position in an acting c apacity for the maximum term provided

ty, a nominee to an approved positi on has not been confirmed, any person appointed to a deputy po sition, if such exists, may assume the position in an acting c apacity for the maximum term provided by this chapter, pending comp letion of the confirmation process. SOURCE: Added by P.L. 22-108:9 (Apr. 1, 1994). COL6/5/20194 GCA PUBLIC OFFICERS & EMPLOYEES CH. 2 APPOINTMENTS TO OFFICE 11 § 2103.12. Acting Capacity. (a) No person who shall be appointed to a position which requires advice and consent of I Liheslatura may serve in an acting capacity as head or director of a department , agency or instrumentality for a period in excess of ninety (9 0) days. Any employee so appointed shall have the right to retur n to the position the employee held immediately before the a ppointment to serve in an acting capacity after the ninety (90 ) day period is exhausted. The time limitation of this Section may not be circumvented by an interruption in the appointment to an acting capacity or by transfer back to the position the em ployee held immediately before the appointment for a period of less than three hundred sixty (360) days or by a temporary tr ansfer to any other position for a period

sfer back to the position the em ployee held immediately before the appointment for a period of less than three hundred sixty (360) days or by a temporary tr ansfer to any other position for a period of less than three hund red sixty (360) days. (b) Extended Absence Due to Military Deployment. (1) In the event the legislatively confirmed head o r director of a department, agency or instrumentality is a member of the Department of Defense or the Departme nt of Transportation Reserve Component, including, but no t limited to, the United States Navy, Army, Marine Co rps, Air Force, the Coast Guard, or the Guam National Gu ard, and the individual’s Unit of Assignment receives a Unit call to active military duty for a period in excess of n inety (90) days, the appointing authority may appoint in an ac ting capacity a person who meets the qualification requi rements for the position and is a classified employee of th e same department, agency or instrumentality, for a period of up to fourteen (14) months, or the duration of the confir med director’s active military duty, whichever is short er.

fied employee of th e same department, agency or instrumentality, for a period of up to fourteen (14) months, or the duration of the confir med director’s active military duty, whichever is short er. (2) Information specified in § 2103.5, Chapter 2, T itle 4 GCA shall be transmitted to the Speaker of I Liheslaturan Guåhan (the Guam Legislature) within ten (10) days of making the appointment to serve in an acting capaci ty. Said appointment to acting capacity shall become effecti ve five (5) working days from the date of receipt of the ba ckground information by the Speaker. COL6/5/20194 GCA PUBLIC OFFICERS & EMPLOYEES CH. 2 APPOINTMENTS TO OFFICE 12 (3) Any employee so appointed shall have the right to return to the position the employee held immediatel y before the appointment to serve in an acting capacity afte r the time limit is exhausted, or at the request of the employ ee. (4) The time limitation of this Section may not be circumvented by an interruption in the appointment to an acting capacity or by transfer back to the position the employee held immediately before the appointment fo r a period of less than three hundred sixty (360) days or by a temporary transfer to any

an acting capacity or by transfer back to the position the employee held immediately before the appointment fo r a period of less than three hundred sixty (360) days or by a temporary transfer to any other position for a peri od of less than three hundred sixty (360) days. (5) The compensation of the employee shall not be made to suffer as a result of the appointment to ac ting capacity, but instead shall be maintained at the av erage of the preceding twelve (12) months earnings. SOURCE: Added by P.L. 22-108:10 (Apr. 1, 1994). Amended by P.L. 27-106:VI:30 (Sept. 30, 2004), P.L. 28-068:IV:86 (S ept. 30, 2005), P.L. 29-113:VI:30 (Sept. 30, 2008), P.L. 32-007:2 (Mar. 8, 2013). § 2103.13. Convictions. If any person whose name is submitted to the Legis lature for confirmation is convicted of any felony, misdem eanor involving moral turpitude, or of any offense or vio lation involving narcotics while the nomination is pending , the nomination shall be considered automatically withdr awn upon such conviction. The appointing authority may, howe ver, resubmit such nomination to the Legislature thereaf ter. SOURCE: Added by P.L. 22-108:11(Apr. 1, 1994). § 2103.14. Retroactive Pay.

r awn upon such conviction. The appointing authority may, howe ver, resubmit such nomination to the Legislature thereaf ter. SOURCE: Added by P.L. 22-108:11(Apr. 1, 1994). § 2103.14. Retroactive Pay. No unclassified employee or officer of the governme nt of Guam may receive a retroactive pay increase unless specifically authorized by statute. SOURCE: Added by P.L. 22-108:12 (Apr. 1, 1994). § 2103.15. Duration of Unclassified Appointments an d Contracts. COL6/5/20194 GCA PUBLIC OFFICERS & EMPLOYEES CH. 2 APPOINTMENTS TO OFFICE 13 All contracts for personal services for the govern ment of Guam and all employment within the unclassified ser vice of the government of Guam, including autonomous and semi-autonomous agencies, where no specific term of appointment or employment is specified in law as to that particular and specific position, shall be at the p leasure of the appointing authority. No employment agreement, howe ver described, shall provide for any other term, nor sh all such agreement prohibit the appointing authority from ex ercising its discretion in terminating said employment agreement .

agreement, howe ver described, shall provide for any other term, nor sh all such agreement prohibit the appointing authority from ex ercising its discretion in terminating said employment agreement . Any terms in conflict with this Section in any employment agr eement executed after the effective date of this Section s hall be null and void from the beginning. SOURCE: Added by P.L. 22-108:13 (Apr. 1, 1994). § 2103.16. Employment and Employment Contracts; Whe n Forbidden. No contract of employment shall be entered into bet ween the government of Guam and any employee or officer in the unclassified service within the government of Guam unless such employment contract is specifically permitted by la w or is for a physician or dentist. Such employment shall be eff ected through the standard form of personnel action. This Section shall not affect the ability of the government of Guam to con tract for temporary services or for specific contracts not in volving an employment relationship with the government of Guam , but shall apply to a contract which is essentially a co ntract for full-time personal services; provided, however, tha t the executive branch and the autonomous agencies and

the government of Guam , but shall apply to a contract which is essentially a co ntract for full-time personal services; provided, however, tha t the executive branch and the autonomous agencies and instrumentalities of the government of Guam may con tract for the independent services of any retired employee of the government of Guam, who shall not receive thereunde r the standard government of Guam retirement benefits giv en non-contract employees; and provided, further, that , in addition, the executive branch and the autonomous agencies an d instrumentalities of the government of Guam may als o hire under independent contracts persons who do not wish to be full-time employees (2080 hours per year) and who a gree that they shall not receive any of the benefits given fu ll-time COL6/5/20194 GCA PUBLIC OFFICERS & EMPLOYEES CH. 2 APPOINTMENTS TO OFFICE 14 non-contractual employees of the government of Gua m. SOURCE: Added by P.L. 22-108:14 (Apr. 1, 1994). Amended by P.L. 22-144:2 (Dec. 27, 1994). § 2104. Same: Conflict of Interest. (a) No person who has served as a director, adminis trator, manager or who has had authority to approve, disapp rove or direct territorial action of

ec. 27, 1994). § 2104. Same: Conflict of Interest. (a) No person who has served as a director, adminis trator, manager or who has had authority to approve, disapp rove or direct territorial action of any department, agency , public corporation or instrumentality of the government of Guam may be appointed to any position, be employed in any ca pacity whatsoever, or enter into any contract in an indivi dual capacity or as a partner or as a director or shareholder of a corporation with any department, agency, public corporation or other instrumentality of the government of Guam in which such person had previously served in such capacity until after the expiration of one hundred eighty (180) days from termination o f said service. (b) No person who has served as a Director, Administrator, Manager, or has held authority to ap prove, disapprove or direct territorial action of any depa rtment, agency, public corporation or instrumentality of the govern ment of Guam may be appointed to any position, be employed in an y capacity whatsoever, or may contract in an individual capaci ty or as a partner or as a director or shareholder of a corpor ation with any department, agency, public

any position, be employed in an y capacity whatsoever, or may contract in an individual capaci ty or as a partner or as a director or shareholder of a corpor ation with any department, agency, public corporation or other ins trumentality of the government of Guam in which he had previousl y served in such capacity until after the expiration of one (1) year from the termination of said service. SOURCE: GC § 3103, as added by P.L. 13-131 (Jan. 30, 1976). Amended by P.L. 17-070:10 (Sept. 21, 1984), Subsect ion (b) added by P.L. 17-070:11 (Sept. 21, 1984). Subsection (a) rep ealed and reenacted by P.L. 20-041:2 (Sept. 13, 1989). § 2104.1. Service Limited. Notwithstanding any other provision of law, electe d officials of any branch, agency, department, office , public corporation, or commission of the government of Gua m, are prohibited from serving in any other capacity on a board or commission of the government of Guam unless specifi cally COL6/5/20194 GCA PUBLIC OFFICERS & EMPLOYEES CH. 2 APPOINTMENTS TO OFFICE 15 holding said position on the board or commission by virtue of the elected office or pursuant to the duties of tha t elected office as provided by law.

CERS & EMPLOYEES CH. 2 APPOINTMENTS TO OFFICE 15 holding said position on the board or commission by virtue of the elected office or pursuant to the duties of tha t elected office as provided by law. SOURCE: Added by P.L. 27-104:2 (June 30, 2004) § 2105. Same: Representation of Both Genders on Bo ards. Each Board or Commission, of which at least four (4 ) members are appointed by I Maga’lahi , shall include at least two (2) members from each gender. SOURCE: GC § 3104. Amended by P.L. 19-003:13 (Apr. 24, 1987 ); and P.L. 29-128:3 (Dec. 22, 2008). NOTE: GC § 3104 was originally added to the Government Co de as GC § 4026 by P.L. 15-135:18 (Aug. 22, 1980), later ren umbered to GC § 3104 by P.L. 16-023:2 (Aug. 11, 1981). § 2105.1. Same: Youth Membership. In addition to all other statutory conditions and qualifications concerning eligibility for appointme nt to voting membership on and composition of the following boar ds and commissions: Agricultural Board of Commissioners, C hamorro Language Commission, Commission on Persons with Disabilities, Board of Cosmetology, Council on the Arts and Humanities, Criminal Injuries Compensation Commissi on, Grand Prix Racing commission, Guam

Language Commission, Commission on Persons with Disabilities, Board of Cosmetology, Council on the Arts and Humanities, Criminal Injuries Compensation Commissi on, Grand Prix Racing commission, Guam Community Colleg e Board of Trustees, Guam Council on Youth Affairs, G uam Educational Telecommunication Corp., Guam Mass Tran sit Authority Board, Guam Museum Board of Trustees, Gua m Public Library Board, Guam Visitors Bureau Board, G uma Onra Commission, Mental Health and Substance Abuse Counc il, Parks and Recreation Commission, Vocational Rehabil itation Board, and Status of Women Commission, no less than one (1) appointee shall meet the following criterion: The a ppointee must be eighteen (18) years of age or older but not over twenty-six (26) prior to the date of appointment. Such appoint ee's term of appointment shall expire on such appointee's 26th b irthday. SOURCE: Added by P.L. 22-049:1(Dec. 2, 1993). Amended by P. L. 22-140:7 (Dec. 30, 1994). § 2106. Duration of Appointments. COL6/5/20194 GCA PUBLIC OFFICERS & EMPLOYEES CH. 2 APPOINTMENTS TO OFFICE 16 Any employment within the unclassified service of t he government of Guam including autonomous and semi-autonomous

tments. COL6/5/20194 GCA PUBLIC OFFICERS & EMPLOYEES CH. 2 APPOINTMENTS TO OFFICE 16 Any employment within the unclassified service of t he government of Guam including autonomous and semi-autonomous agencies where no specific term of appointment or employment is specified in law shall be at the pleasure of the appointing authority. No employment agreement, however described, shall provide for any other term , nor shall such agreement prohibit the appointing authority fr om exercising its pleasure in terminating said employment agreeme nt. Any terms in conflict with this Section in any employme nt agreement executed after the effective date of this Section s hall be null and void from the beginning. SOURCE: Added by P.L. 17-003:1 (Mar. 1, 1983). § 2107. Employment Contracts - When Forbidden . No contract of employment shall be entered into be tween any employee, in the unclassified service within th e government of Guam unless such employment contract is specific ally permitted by law. Such employment shall be effected through the standard form of personnel action. This Section sha ll not affect the ability of the Government to contract for tempo rary services or for specific

law. Such employment shall be effected through the standard form of personnel action. This Section sha ll not affect the ability of the Government to contract for tempo rary services or for specific contracts not involving an employme nt relationship with the Government. SOURCE: Added by P.L. 17-003:2 (Mar. 1, 1983). § 2108. Re-Employed Employees. Former classified employees of government of Guam who were in good standing at the time of resignation ma y be hired at not less than the salary they earned at their forme r position if they apply for the same or comparable job in the sa me department. This re-employment credit privilege mus t be exercised within a four (4) year period. The employ ee may waive this privilege. SOURCE: Added as uncodified law by P.L. 17-25:19 (Oct. 6, 1 983). Codified by the Compiler. § 2109. Prohibition Against Hiring New, Unclassifie d Employees Following the Defeat of an Incumbent in a n Election. No new, unclassified employees may be hired in the COL6/5/20194 GCA PUBLIC OFFICERS & EMPLOYEES CH. 2 APPOINTMENTS TO OFFICE 17 Executive Branch of government following the defeat of a sitting Maga’lahen Guåhan in a primary election or general election until

0194 GCA PUBLIC OFFICERS & EMPLOYEES CH. 2 APPOINTMENTS TO OFFICE 17 Executive Branch of government following the defeat of a sitting Maga’lahen Guåhan in a primary election or general election until after such date that such Maga’lahen Guåhan leaves office. No new, unclassified employees may be hired in any Legislative Office of a sitting Senator following the defeat of such Senator in a primary or general election. No new, unclassi fied employees may be hired in any Mayoral Office of a s itting Mayor following the defeat of such Mayor in a prima ry or general election. No new contract workers or uncla ssified employees may be hired in the Department of Law fol lowing the defeat of a sitting Attorney General in a primary o r general election until said Attorney General leaves office. No new unclassified employees may be hired in the Office o f Public Accountability following the defeat of said Public Auditor in a primary or general election until said Public Audit or leaves office. Following the defeat of a sitting Attorney General in a primary or general election, no contract workers or unclassified employees employed in the Office of the Attorney Ge neral may receive a pay

e. Following the defeat of a sitting Attorney General in a primary or general election, no contract workers or unclassified employees employed in the Office of the Attorney Ge neral may receive a pay increase until said Attorney General leaves office. Following the defeat of a sitting Public Auditor in a primary or general election, no contract workers or unclassifi ed employees employed in the Office of Public Accountability may receive a pay increase until said Public Auditor leaves offic e. SOURCE: Added by P.L. 25-026:2 (June 3, 1999). Amended by P.L. 29-016:1 (Sept. 7, 2007); and P.L. 30-047:1 (July 1 4, 2009). 2009 NOTE : Pursuant to P.L. 30-027:2 (June 16, 2009), refere nces to Office of Public Auditor were changed to Office of Public Accountability. § 2110. Prohibition Against Hiring Unclassified Em ployees Employed by Incumbents Not Seeking Re-Election. No new unclassified employees may be hired in the Executive Branch of government after October 1st of the last year of office of a sitting Maga’lahen Guåhan who is not seeking re-election until after such date that such Maga’lahen Guåhan leaves office.

cutive Branch of government after October 1st of the last year of office of a sitting Maga’lahen Guåhan who is not seeking re-election until after such date that such Maga’lahen Guåhan leaves office. No new, unclassified employees may b e hired in any Legislative Office of a sitting Senato r, opting not to seek re-election, after October 1st of the last yea r in office of such Senator. No new, unclassified employees may b e hired in any Mayoral Office of a sitting Mayor opting not to seek re- COL6/5/20194 GCA PUBLIC OFFICERS & EMPLOYEES CH. 2 APPOINTMENTS TO OFFICE 18 election, after October 1st of the last year in off ice of such Mayor. No new contract workers or unclassified emp loyees may be employed in the Department of Law or the Office of Public Accountability when the Attorney General or Public Auditor, respectively, opts not to seek re-election, until t hat Attorney General or Public Auditor leaves office. SOURCE: Added by P.L. 25-026:3 (June 3, 1999). Amended by P.L. 29-016:2 (Sept. 7, 2007), P.L. 30-047:2 (July 14, 2 009). 2009 NOTE : Pursuant to P.L. 30-027:2 (June 16, 2009), refere nces to Office of Public Auditor were changed to Office of Public Accountability.

-016:2 (Sept. 7, 2007), P.L. 30-047:2 (July 14, 2 009). 2009 NOTE : Pursuant to P.L. 30-027:2 (June 16, 2009), refere nces to Office of Public Auditor were changed to Office of Public Accountability. § 2111. Screening of Volunteers in Government of Gu am Agencies. (a) Volunteers Exempt from Certain Screening Costs. All volunteers working uncompensated in any agency of t he government of Guam, including volunteers with the S erveGuam Commission, or its authorized successor, or volunte er applicants of a youth recreational organization as evidenced b y a form or letter issued by such youth recreational organizati ons shall be exempt from clearance and screening fees charged by government of Guam agencies, including police and c ourt clearances and skin test for tuberculosis administe red by a government of Guam agency. This exemption does not apply to chest x-rays required of positive skin test readers or drug testing; however, nothing herein shall prevent any appointin g agency from paying for such examinations for its volunteer s. (b) Judiciary of Guam is Authorized to Submit Reque sts for Criminal History Checks to the Federal Bureau of In vestigation for all Guam AmeriCorps

m paying for such examinations for its volunteer s. (b) Judiciary of Guam is Authorized to Submit Reque sts for Criminal History Checks to the Federal Bureau of In vestigation for all Guam AmeriCorps Volunteers. The Judiciary of Guam, as the central repository of all criminal informati on, shall obtain federal-level criminal history clearances through t he Federal Bureau of Investigation for all Guam AmeriCorps vol unteer and employee applicants, or existing volunteers and emp loyees, at the request of the ServeGuam Commission. An applicant for a federal-level criminal history c learance shall apply therefore on a form supplied by the Jud iciary of Guam, and shall provide such information as may be necessary to afford the Judiciary of Guam reasonable opportun ity to COL6/5/20194 GCA PUBLIC OFFICERS & EMPLOYEES CH. 2 APPOINTMENTS TO OFFICE 19 ascertain information required for such clearance. The applicant shall further submit to the Judiciary of Guam his o r her fingerprint through a fingerprint card, or electron ic fingerprint data, if so utilized. (c) Waiver of Local Processing Fee(s) for Federal B ureau of Investigation Clearances.

ary of Guam his o r her fingerprint through a fingerprint card, or electron ic fingerprint data, if so utilized. (c) Waiver of Local Processing Fee(s) for Federal B ureau of Investigation Clearances. Individuals applying to serve as volunteers with the ServeGuam Commission or Guam AmeriCorps programs are hereby exempted from paying any application or processing fee required by the Judic iary of Guam for clearance required herein, except those fees wh ich are required by the Federal Bureau of Investigation. Th e Judiciary of Guam and the ServeGuam Commission, or its authorize d successor, shall adopt a Memorandum of Agreement re lative to the payment of Federal Bureau of Investigation fees . SOURCE: Added by P.L. 25-151:2 (July 10, 2000) as 4 GCA § 2 112; recodified to this section by the Compiler pursuant to the authority granted by 1 GCA § 1606. Amended by P.L. 27-027:5 ( July 18, 2003); P.L. 27-095:3 (June 25, 2004). P.L. 31-252:2 (Dec. 26, 2012) amended subsection (a) and added subsections (b) and (c). ---------- COL6/5/2019