Chapter 5

4 GCA PUBLIC OFFICERS & EMPLOYEES CH. 5 INVESTIGATIONS BY CIVIL SERVICE COMMISSION 1CHAPTER 5 POLITICAL ACTIVITY § 5101. Definitions. § 5102. Permitted Activity. § 5103. Prohibited Activity. § 5104. Activities Not Affected. § 5105. Investigations by Civil Service Commission. § 5106. Other Restrictions: Penalty. § 5101. Definitions. In this Chapter: (a) Employee means a person employed in the Execu- tive Branch of the government of Guam, including au tono- mous and semi-autonomous agencies thereof, or in th e Judicial Branch with the following exceptions: (1) A person holding elective office; (2) A special or Staff Assistant to the Governor; (3) A person appointed by the Governor with the consent of the Legislature; (4) A person retained from time to time to perform professional or special services for a specific fee ; and (5) A person working on a casual basis on the days he performs no services. Employees includes a person on administrative annual, or sick-leave unless such person has resign ed and has received a lump-sum payment for such leave. Subject to (5) above, it includes persons not provi ding professional services for a specific fee who are hi red on a temporary,

rson has resign ed and has received a lump-sum payment for such leave. Subject to (5) above, it includes persons not provi ding professional services for a specific fee who are hi red on a temporary, part-time, emergency or casual basi s; (b) Election means any local, primary, general or special election; (c) Activity means the independent action of an employee, the action of an employee in open or secr et cooperation with others and the indirect action of an employee through an agent. Activity does not mean t he COL5/8/20204 GCA PUBLIC OFFICERS & EMPLOYEES CH. 5 INVESTIGATIONS BY CIVIL SERVICE COMMISSION 2independent action of the husband or wife of an em ployee, upon his or her own initiative and in his or her ow n behalf; (d) Political Party means a national political party, a territorial political party and an affiliated organ ization; (e) Partisan and non-partisan when used as adjectives refer to political parties; and (f) Candidate means: (1) [repealed] (2) a candidate for an office in a political party. SOURCE: GC § 3300, as added by P.L. 12-223 (Feb. 1, 1975). 2020 NOTE: Past publications of the GCA included the following language in subsection (f)(1): 'an individual as de

ice in a political party. SOURCE: GC § 3300, as added by P.L. 12-223 (Feb. 1, 1975). 2020 NOTE: Past publications of the GCA included the following language in subsection (f)(1): 'an individual as de fined in 3 GCA § 8101, Subsection (b); and.' However, 3 GCA § 8101 was re pealed by P.L. 18- 030:53 (Feb. 19, 1986). In light of the repeal of 3 GCA § 8101, this language was removed from subsection (f)(1) to avoi d confusion. Furthermore, due to the repeal and reenactment of t he Guam Election Code by P.L. 31-255 (Dec. 11, 2012), other definiti ons of 'Candidate' are now found in 3 GCA § 1115 and 3 GCA § 17101. 2012 NOTE : P.L. 18-30:53 (Feb. 19, 1986) repealed 3 GCA §§ 8101, 8102 and 8104-8116. Title 3 GCA § 8103 was subsequ ently repealed by P.L. 27-108:2 (Oct. 27, 2004). Two separate defini tions for ' Candidate' exist in 3 GCA §§ 1114 and 19101 (c). § 5102. Permitted Activity. (a) An employee may engage in political activity to the fullest extent consistent with the restrictions set forth in § 5103, so long as such activity does not materially compro mise his efficiency or integrity as an employee, or the neut rality, efficiency or integrity of his department or agency .

ons set forth in § 5103, so long as such activity does not materially compro mise his efficiency or integrity as an employee, or the neut rality, efficiency or integrity of his department or agency . Each employee specifically retains the right to register and vote in an election and, while not on duty and while not in a uniform identifying him as an employee, to: (1) Express his opinion as an individual citizen privately and publicly on political issues and cand idates; (2) Display a political picture, sticker or badge o r button; (3) Participate in the non-partisan political activ ities of COL5/8/20204 GCA PUBLIC OFFICERS & EMPLOYEES CH. 5 INVESTIGATIONS BY CIVIL SERVICE COMMISSION 3a civic community, social labor, professional or si milar organization; (4) Be a member, officer, or delegate of a politica l party or other political organization and participa te in its activities to the fullest extent consistent with § 5103; (5) Attend a political convention, rally, fund-rais ing function, or other gathering; (6) Sign a political petition as an individual citi zen; (7) Make, as an individual citizen, a contribution to or expenditure on behalf of a political party or organ ization

tion, or other gathering; (6) Sign a political petition as an individual citi zen; (7) Make, as an individual citizen, a contribution to or expenditure on behalf of a political party or organ ization or candidate; (8) Be free from any obligation to contribute to an y political fund or to render any political service; (9) Participate in political activity in connection with a question not specifically identified with a politic al party: for example, soliciting signatures for petition relativ e to changing working conditions or campaigning for an i ssue in a referendum; and (10) Serve as member of a precinct board or other election official who performs duties under Title 3 GCA. (b) Employees of the following government entities are prohibited from taking an active part in political management or political campaigns: (1) the Guam Election Commission; (2) the Civil Service Commission; (3) the Office of Public Accountability; (4) the Criminal Investigation Unit of the Tax Enforcement Division of the Department of Revenue a nd Taxation; (5) the Sworn police officer; and (6) the Prosecution Division of the Office of the A ttorney General.

l Investigation Unit of the Tax Enforcement Division of the Department of Revenue a nd Taxation; (5) the Sworn police officer; and (6) the Prosecution Division of the Office of the A ttorney General. For the purposes of this Section, the ter m 'active part in political management or in a political campaign' means to COL5/8/20204 GCA PUBLIC OFFICERS & EMPLOYEES CH. 5 INVESTIGATIONS BY CIVIL SERVICE COMMISSION 4campaign for or against candidates, or otherwise en gage in political activity in concert with a political part y, a candidate for partisan political office, or a partisan political group. SOURCE: GC § 3301, as added by P.L. 12-223. Amended by P.L . 31- 217:1 (June 15, 2012). § 5103. Prohibited Activity. (a) An employee shall not use his official authorit y or influence for the purpose of interfering with or af fecting the result of an election. (b) Specific activities in which employees are proh ibited from participating include, but are not limited to: (1) soliciting, collecting, handling, disbursing or accounting for assessments, contributions or other funds for a political party, partisan political organization or candidate; (2) organizing, selling tickets to, seeking

ting, handling, disbursing or accounting for assessments, contributions or other funds for a political party, partisan political organization or candidate; (2) organizing, selling tickets to, seeking support for or actively participating in a fund-raising activity o f a political party, partisan political organization or candidate ; (3) taking an active part in managing the political campaign of a candidate; (4) being a candidate; (5) discharging, promoting, demoting or changing th e compensation of any other employee or promising or threatening to do so, because said other employee a dvocates or fails to advocate through contribution, voting o r otherwise, a candidate; and (6) using government travel allowances, government transportation, government supplies or government f acilities for the benefit of any political party, partisan po litical organization or candidate. SOURCE: GC § 3302 GC, as added by P.L. 12-223. Amended by P.L. 31-217:2 (June 15, 2012). § 5104. Activities Not Affected. Nothing in this Chapter shall preclude the use unde r a rental agreement of government of Guam facilities by a pol itical party, partisan political organization or candidate.

Activities Not Affected. Nothing in this Chapter shall preclude the use unde r a rental agreement of government of Guam facilities by a pol itical party, partisan political organization or candidate. COL5/8/20204 GCA PUBLIC OFFICERS & EMPLOYEES CH. 5 INVESTIGATIONS BY CIVIL SERVICE COMMISSION 5SOURCE: GC § 3303, as added by P.L. 12-223. § 5105. Investigations by Civil Service Commission. When any person has reason to believe that an emplo yee has violated § 5103, he may report the matter to th e Civil Service Commission. On receipt of a written report which s eems to the Commission to warrant an investigation, the Commiss ion may investigate the matter in accordance with the provi sions of the rules and procedures, if any, established by the Ci vil Service Commission and the following: (a) All hearings shall be conducted before the entire Commission; and (b) The decision of the Commission shall include a determination of whether a violation of § 5103 has occurred and whether a violation warrants the removal of the employee from his employment. Should the Commissio n determine that removal is not warranted but that a violation of § 5103 did occur, a penalty of not more than thirty

on warrants the removal of the employee from his employment. Should the Commissio n determine that removal is not warranted but that a violation of § 5103 did occur, a penalty of not more than thirty (30) days’ suspension without pay shall be imposed at the direction of the Commission. SOURCE: GC § 3304, as added by P.L. 12-223. Repealed and r eenacted by P.L. 30-112:8 (Mar. 12, 2010). Amended by P.L. 31-217:3 (June 15, 2012). § 5106. Other Restrictions: Penalty. No person, whether or not an employee, shall solici t or receive a contribution or distribute literature for any political purpose in any room or building occupied in the dis charge of official duties by any person employed by the Execu tive, Legislative or Judicial Branches of the government of Guam. For purposes of this Section, soliciting a contribution includes solicitation by letter or circular addressed to and delivered to an employee in said room or building. Any person who v iolated this Section is guilty of a misdemeanor. SOURCE: GC § 3305, as added by P.L. 12-223. ---------- COL5/8/2020