Chapter 1a

5 GCA GOVERNMENT OPERATIONS CH. 1A REORGANIZATION 1 CHAPTER 1A REORGANIZATION SOURCE: Chapter added by P.L. 34-087:5 (Mar. 16, 2018). § 1A101. Definitions. § 1A102. Internal Reorganization. § 1A103. Reorganization of the Executive Branch. § 1A103.1. Executive Order: Reorganization of the E xecutive Branch. § 1A103.2. [Executive Order:] Table 1. § 1A103.3. Same. [Executive Order:] Absorption of Functions. § 1A103.4. Same. [Executive Order:] Abolition of Government Entities. § 1A104. Transfer Authority. § 1A104.1. Same. [Transfer Authority.] Outsourcing and Privatization. § 1A105. Executive Order(s). § 1A105.1. Same: [Executive Order(s).] Availability Roster. § 1A106. Implementing Executive Order. § 1A107. [Furloughs and Layoffs]. § 1A108. Transition - Files and Equipment. § 1A109. Abolished Entity. § 1A109.1. Same: [Abolished Entity.] Boards and Commissions of Entities Listed in Group III. § 1A110. Special Provision for Elected Officials. § 1A111. Special Provision for the University of Gu am and the Guam Community College. § 1A101. Definitions. For the purposes of this Act: (a) Abolition means the elimination of any agency of the government.

Special Provision for the University of Gu am and the Guam Community College. § 1A101. Definitions. For the purposes of this Act: (a) Abolition means the elimination of any agency of the government. (b) Absorption means the transfer or consolidation of one (1) or more functions of any one (1) agency of the government to any other agency of the government. COL52420185 GCA GOVERNMENT OPERATIONS CH. 1A REORGANIZATION 2 (c) Availability roster means a roster of the designated displaced employees in an agency of the government that will be absorbed, outsourced, or pr ivatized. (d) Displaced employee means an employee, in graded and ungraded positions of the classified ser vice of the government, who had been employed by an agency of the government that was outsourced or privatized or whose employment was terminated as a result of the outsou rcing or privatization. (e) Gaining entity means any agency to which any function has been transferred by absorption. (f) Outsource means contracting with a private company to accomplish any function that has been or , were it not for the outsourcing, would be provided by an y agency of the government.

y absorption. (f) Outsource means contracting with a private company to accomplish any function that has been or , were it not for the outsourcing, would be provided by an y agency of the government. (g) Privatization means the alienation, by sale, lease, or otherwise, of any agency or function of the gove rnment. (h) Reorganization means: (1) the transfer of the whole or any part of any agency, or of the whole or any part of the function s thereof, to the jurisdiction and control of any oth er agency; (2) the abolition of all or any part of the functions of any agency; (3) the consolidation or coordination of the whole or any part of any agency, or of the whole or any part of the functions thereof, with the whole or an y part of any other agency or the functions thereof; (4) the consolidation or coordination of any part of any agency or the functions thereof with any oth er part of the same agency or the functions thereof; (5) the authorization of any non-elective officer to appoint any individual to perform any of his/her functions; COL52420185 GCA GOVERNMENT OPERATIONS CH. 1A REORGANIZATION 3 (6) the abolition of the whole or any part of any agency which agency or part does not

ny individual to perform any of his/her functions; COL52420185 GCA GOVERNMENT OPERATIONS CH. 1A REORGANIZATION 3 (6) the abolition of the whole or any part of any agency which agency or part does not have any function; or (7) the use of a person under contract to perform functions which regularly are performed or budgeted to be performed by employees appointed under the merit system. § 1A102. Internal Reorganization. Internal reorganization of an entity, including red uctions in force, shall be accomplished in accordance with the executive order(s) authorized by § 1A105. § 1A103. Reorganization of the Executive Branch. Reorganization of the executive branch shall be accomplished in accordance with this Chapter. § 1A103.1. Executive Order: Reorganization of the Executive Branch. The Governor by executive order(s) may direct the reorganization of the various entities of the execu tive branch and may implement the Priority Placement Procedure as l isted in Appendix C of Chapter 1, Division 1, Title 2, Guam Administrative Rules and Regulations, relative to t he Personnel Rules and Regulations of the Department of Administ ration as the standard policy and uniform guideline to addres s

n 1, Title 2, Guam Administrative Rules and Regulations, relative to t he Personnel Rules and Regulations of the Department of Administ ration as the standard policy and uniform guideline to addres s employees affected by adverse effects such as, but not limite d to, consolidation, transfer of functions, lack of work or funds, position classification or reduction in force; or e xecutive branch reorganization, restructuring, reform, modernizatio n, streamlining, innovation or transformation initiati ves. § 1A103.2. Table 1. Table 1 sets out three (3) groups of various entiti es of the executive branch and assigns a priority number (PN) to each entity. Group I, PN 100, et seq., is composed of en tities that provide services that are the government’s top prio rities: education, health and public safety. Group II, PN 2 00, et seq., is composed of entities that provide services that are involved in COL52420185 GCA GOVERNMENT OPERATIONS CH. 1A REORGANIZATION 4 support, enforcement, regulation, adjudication or a dministration. Group III, PN 300, et seq., is composed of other en tities. Any entity of the executive branch otherwise not listed in Table 1 is deemed listed in Group III of

ation, adjudication or a dministration. Group III, PN 300, et seq., is composed of other en tities. Any entity of the executive branch otherwise not listed in Table 1 is deemed listed in Group III of Table 1. TABLE 1 GROUP I PN 100 Education: 101E Guam Department of Education 102E University of Guam 103E Guam Community College 104E Guam Public Library Health: 101H Guam Memorial Hospital Authority 102H Guam Behavioral Health and Wellness Center 103H Department of Public Health and Social Service s Public Safety: 101S Guam Police Department 102S Guam Fire Department 103S Department of Corrections 104S Department of Law (prosecution division) 105S Customs and Quarantine Agency 106S Department of Youth Affairs (custodial; corrections related) 107S Guam Homeland Security; Office of Civil Defense 108S Public Defender Service Corporation (criminal defense) GROUP II PN 200 201 Department of Revenue and Taxation 202 Department of Public Works 203 Department of Labor COL52420185 GCA GOVERNMENT OPERATIONS CH. 1A REORGANIZATION 5 204 Department of Land Management 205 Department of Administration 206 Department of Military Affairs 207 A.B.

ks 203 Department of Labor COL52420185 GCA GOVERNMENT OPERATIONS CH. 1A REORGANIZATION 5 204 Department of Land Management 205 Department of Administration 206 Department of Military Affairs 207 A.B. Won Pat International Airport Authority 208 Government of Guam Retirement Fund 209 Guam Veterans Affairs Office 210 Guam Visitors Bureau 211 J.D. Leon Guerrero Port Authority of Guam 212 Department of Chamorro Affairs GROUP III PN 300 301 Agency for Human Resources Development 302 Ancestral Lands Commission 303 Bureau of Budget and Management Research 304 Bureau of Statistics and Plans 305 Civil Service Commission 306 Chamorro Land Trust Commission 307 Commission on Decolonization 308 Department of Agriculture 309 Department of Integrated Services for Individua ls with Disabilities (DISID)/Division of Vocational Rehabilitation 310 Department of Parks and Recreation 311 Department of Youth Affairs (non-custodial; non-corrections related) 312 General Services Agency - Department of Administration 313 Guam Council on the Arts and Humanities 314 Guam Commission for Educator Certification 315 Guam Contractors License Board 316 Guam Developmental Disabilities Council 317 Guam Economic

inistration 313 Guam Council on the Arts and Humanities 314 Guam Commission for Educator Certification 315 Guam Contractors License Board 316 Guam Developmental Disabilities Council 317 Guam Economic Development Authority 318 Guam Educational Telecommunications Corporation (KGTF/PBS Guam) 319 Guam Election Commission 320 Guam Energy Office 321 Guam Environmental Protection Agency COL52420185 GCA GOVERNMENT OPERATIONS CH. 1A REORGANIZATION 6 322 Guam Housing and Urban Renewal Authority 323 Guam Housing Corporation 324 Guam Museum 325 Guam Regional Transit Authority 326 Hagåtña Restoration and Redevelopment Authority 327 Office of the Governor 328 Office of Post-Mortem Examinations (Chief Medical Examiner) 329 Office of Technology 330 Professional Engineers, Architects, Land Surveyors (PEALS) Board § 1A103.3. Same: [Executive Order:] Absorption of Functions. (a) The Governor by executive order(s) may direct t he absorption of any or all of the functions of any on e (1) agency of the government listed in Table 1 with a Priority Nu mber (PN) of 201 or higher by any agency(ies) of the government with a lower priority number.

any or all of the functions of any on e (1) agency of the government listed in Table 1 with a Priority Nu mber (PN) of 201 or higher by any agency(ies) of the government with a lower priority number. (b) (1) Any agency in Group I may absorb any of th e functions of any other agencies in Groups II and II I, and (2) any agencies within Groups II and III may absor b the functions of any other agencies within Group II or Group III. § 1A103.4. Same: [Executive Order:] Abolition of Government Entities. The Governor by executive order(s) may abolish any agency of the government listed in Table 1 with a P N of 301 or higher. § 1A104. Transfer Authority. The Governor is authorized to transfer the appropri ation, and any cost savings, unspent appropriation, or exc ess spending authority, of any agency of the government which is abolished or any function which is absorbed to any other agency( ies) of the government with a PN of 101E-108S. COL52420185 GCA GOVERNMENT OPERATIONS CH. 1A REORGANIZATION 7 § 1A104.1. Same. Outsourcing and Privatization. No more than ninety percent (90%) of the appropriat ion for personnel services for a function that is outsource d or privatized may be transferred

ON 7 § 1A104.1. Same. Outsourcing and Privatization. No more than ninety percent (90%) of the appropriat ion for personnel services for a function that is outsource d or privatized may be transferred by the Governor to the contractu al category to fund the contract arising from the outsourcing o r privatization. § 1A105. Executive Order(s). (a) The reorganization(s) directed by executive ord er(s) authorized by § 1A106 shall be accomplished in accordance with the procedures for promulgating rules set out in 5 GCA §§ 9301 and 9303. (b) The rules promulgated by executive order(s) authorized by § 1A106 shall be promulgated in accordance with 5 GCA §§ 9301, 9303 and 9304. (c) The executive order(s) shall recognize, where applicable, employees’ rights of representation in accordance with 4 GCA § 10106. (d) Nothing contained herein shall be construed to prevent the Attorney General from approving such executive order(s) as to form, content and compliance with law. § 1A105.1. Same: Availability Roster. (a) When executive orders authorized by § 1A106 iss ue, the person in charge of the entities to be abolished or the functions of which are to be absorbed shall submit an availability

lability Roster. (a) When executive orders authorized by § 1A106 iss ue, the person in charge of the entities to be abolished or the functions of which are to be absorbed shall submit an availability roster to the gaining entity, if any. (b) The person in charge of the gaining entity may, in accordance with the applicable executive order, emp loy those employees on the availability roster in such number , if any, as required to accomplish the function(s) of the gaini ng agency if necessary. § 1A106. Implementing Executive Order. The Governor shall by executive order(s) promulgate rules to accomplish the following: (a) prioritization in force; COL52420185 GCA GOVERNMENT OPERATIONS CH. 1A REORGANIZATION 8 (b) outsourcing; (c) absorption; (d) abolition; (e) reorganization; (f) availability rosters; (g) the designation of functions to be absorbed; or (h) the designation of entities to be abolished. § 1A107. [Furloughs and Layoffs.] Furloughs and layoffs shall be conducted pursuant to existing Personnel Rules and Regulations. § 1A108. Transition - Files and Equipment. (a) All files and reports held by an abolished enti ty shall be transmitted by the person in charge of such enti ty to

ting Personnel Rules and Regulations. § 1A108. Transition - Files and Equipment. (a) All files and reports held by an abolished enti ty shall be transmitted by the person in charge of such enti ty to such custodian as is designated by the Governor within s ixty (60) days following the designation of the entity as an aboli shed entity. (b) All property of the abolished entity, or proper ty leased by it, when the lease cannot be cancelled or will n ot expire upon the abolition of the entity, shall be turned over to the custodian designated by the Governor within sixty (60) days f ollowing the designation of the entity as an abolished entity. § 1A109. Abolished Entity. An abolished entity shall be closed and all remaining personnel terminated within sixty (60) days of the date of implementation of the executive order effectuating the abolition. § 1A109.1. Same: Boards and Commissions of Entitie s Listed in Group III. Boards and Commissions of entities listed in Group III may be assigned for logistical support to entities in G roups I and II when the entity supported or directed by the Board or Commission is abolished. COL52420185 GCA GOVERNMENT OPERATIONS CH.

oup III may be assigned for logistical support to entities in G roups I and II when the entity supported or directed by the Board or Commission is abolished. COL52420185 GCA GOVERNMENT OPERATIONS CH. 1A REORGANIZATION 9 § 1A110. Special Provision for Elected Officials. The provisions of §§ 1A102, 1A103, 1A103.3, 1A103.4 , 1A108, or 1A109 shall not apply to an office or department under the supervision of an elected official. § 1A111. Special Provision for the University of Guam and the Guam Community College. The provisions of § 1A102 shall not apply to the University of Guam and the Guam Community College. --------- COL5242018