Chapter 3

5 GCA GOVERNMENT OPERATIONS CH 3 DEPARTMENTS OF THE GOVERNMENT 1 CHAPTER 3 DEPARTMENTS OF THE GOVERNMENT NOTE: A number of the newer agencies were created by law s found within the portions of the Government Code containi ng substantive provisions governing those agencies. In order to ma ke this Chapter genuinely useful, and to make it a true indication of all of the Departments of the government regarded as such, the Compiler has placed within this Chapter both those sections plac ed in the § 5100 series of the Government Code and those other secti ons creating departments, even though the sections were original ly placed elsewhere. The Compiler has used as a guide as to t he appropriate departments of the government, those departments wh ose directors are listed in 4 GCA, § 6206B, Departments of the Go vernment of Guam. Article 1. The Executive. Article 2. Judiciary. ARTICLE 1 THE EXECUTIVE § 3101. Department of Administration. § 3101.1. Public Transportation Services. § 3102. Department of Law. § 3103. Guam Police Department. § 3104. Reinstatement of Fire Chief to Previous Pos ition or Position Qualified For. § 3105. Guam Fire Department. § 3106. Department of Public Works.

partment of Law. § 3103. Guam Police Department. § 3104. Reinstatement of Fire Chief to Previous Pos ition or Position Qualified For. § 3105. Guam Fire Department. § 3106. Department of Public Works. § 3107. Department of Education. § 3108. Department of Agriculture. § 3109. Department of Land Management. § 3110. Department of Commerce. [Repealed.] § 3111. Department of Public Health and Social Serv ices. § 3112. Department of Labor. § 3113. Department of Corrections. § 3114. Department of Revenue and Taxation. § 3115. Department of Parks and Recreation. § 3116. Guam Community College. § 3117. Department of Youth Affairs. § 3118. Department of Military Affairs. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH 3 DEPARTMENTS OF THE GOVERNMENT 2 § 3119. Council on the Arts & Humanities. § 3120. Agency for Human Resources Development. [Repealed.] § 3121. Guam Behavioral Health and Wellness Center. § 3122. Guam Public Library. § 3123. Public Utility Agency. [Repealed.] § 3124. Civil Service Commission. § 3125. Civil Defense. § 3126. Vocational Rehabilitation. § 3127. Customs and Quarantine Agency. § 3128. Guam Museum. § 3129. Komitea Para Tiyan. § 3130.

[Repealed.] § 3124. Civil Service Commission. § 3125. Civil Defense. § 3126. Vocational Rehabilitation. § 3127. Customs and Quarantine Agency. § 3128. Guam Museum. § 3129. Komitea Para Tiyan. § 3130. Annual Public Hearing Requirements on Fee Schedules. § 3131. Better Customer Service Policy – 'Move to t he Front of the Line'. § 3132. Agency Operation Continuity Plans. § 3101. Department of Administration. There is within the Executive Branch of the govern ment of Guam a Department of Administration. The Director of Administration is the head of the Department of Adm inistration. The Director of Administration is appointed by I Maga’lahi (the Governor) with the advice and consent of I Liheslatura (the Legislature). Except for private parking facilitie s, and for parking facilities maintained and operated by the A. B. Won Pat International Airport Authority Guam, DOA shall hav e exclusive franchise within the government of Guam for the col lection of fees for the furnishing of public parking within Guam. It is the duty of the Director of Administration to support an adequa te public educational system as required by Section 29(b) of the Organic Act, as amended.

rnishing of public parking within Guam. It is the duty of the Director of Administration to support an adequa te public educational system as required by Section 29(b) of the Organic Act, as amended. SOURCE: GC § 5100, amended by P.L. 10-9. Repealed and re-e nacted by P.L. 26-76:24. Amended by P.L. 28-045:9, effect ive, Oct. 1, 2005 in accordance with P.L.28-045:23. NOTE : P.L. 26-093:3 (May 31, 2002) states: References to the Antonio B. Won Pat International Airport. Any and all references to the A. B. Won Pat Guam International Airport in the laws of Guam are hereb y amended COL1/11/20225 GCA GOVERNMENT OPERATIONS CH 3 DEPARTMENTS OF THE GOVERNMENT 3 to read the 'Antonio B. Won Pat International Airpo rt, Guam,' or the AWon Pat International Airport, Guam. § 3101.1. Public Transportation Services. There is, within the Department of Administration, a Division of Public Transportation Services. The Dir ector of Administration shall be the only government officia l to provide and contract for public transportation on Guam’s ro ads and highways. (a) Any individual, business or organization provi ding public transportation services pursuant to a contra ct with the Division of Public

act for public transportation on Guam’s ro ads and highways. (a) Any individual, business or organization provi ding public transportation services pursuant to a contra ct with the Division of Public Transportation Services of the D epartment of Administration shall: (1) Ensure that each of its employees, e.g. driver, dispatcher, or transport care attendant, who works directly with the public complete, within six (6) m onths after it executes said contract, a minimum of sixt een (16) hours of passenger assistance training. Said training shall ensure that the employee possesses a general knowledge and understanding of working with public, to include the proper treatment of customer s, including children, senior citizens, disabled perso ns and others users of the public transportation; (2) Ensure that each of its employees who work dire ctly with the public complete a passenger assistance tra ining course every year following the initial training mandated by subsection (1) hereof, of no less than four (4) hours of training on the proper provision of se rvices, changes in relevant law, changes in applicable technology and the like.

al training mandated by subsection (1) hereof, of no less than four (4) hours of training on the proper provision of se rvices, changes in relevant law, changes in applicable technology and the like. (3) Ensure that no employee who has not completed t he training required by subsections (1) and (2) hereof works directly with the public. (4) Provide the Director of Administration with a p olice clearance for each employee who works directly with the public. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH 3 DEPARTMENTS OF THE GOVERNMENT 4 (5) Bear the cost of providing the training require d by this section. (b) The Director of Administration shall incorpora te the training and certification required by subsection ( a) hereof in all bids and contracts regarding transportation ser vices. Non- compliance by a contractor with said requirements s hall be grounds for the termination of such a contract. (c) The Director of Administration and the Univers ity of Guam and the Guam Community College shall cooperate to create the training programs required by subsection (a) hereof. The University or College shall provide a written certificate to persons who complete said programs, their respective

hall cooperate to create the training programs required by subsection (a) hereof. The University or College shall provide a written certificate to persons who complete said programs, their respective employers and the Director of Administra tion. (d) The Director of Administration, through the Division of Public Transportation Services, shall e nsure compliance with this section and shall annually ass ess the contractor’s compliance herewith. The Director sha ll report on said compliance and shall transmit said report t o the contractor, I Maga’lahen Guåhan and I Liheslaturan Guåhan no later than January 30th of each year. SOURCE: Added by P.L. 29-019:VI:59 (Sept. 29, 2007). 2019 NOTE: The authority over public transportation, granted by this provision to the Division of Public Transportation Services of the Department of Administration, directly conflicts wi th Chapter 6 of Title 12, GCA, which was reenacted by P.L. 30-005:2 (Mar. 13, 2009). Pursuant to P.L. 30-005:2, the Guam Regional Transit Authori ty (GRTA) was established and ' shall have the exclusive franchise for the furnishing of public transportation within Guam and on its roads and highways.' P.L.

05:2, the Guam Regional Transit Authori ty (GRTA) was established and ' shall have the exclusive franchise for the furnishing of public transportation within Guam and on its roads and highways.' P.L. 30-005 did not expressly repeal this provision; how ever, it arguably may have effectuated a repeal by implication. § 3102. Department of Law. There is within the Executive Branch of the govern ment of Guam, the Office of the Attorney General. The Atto rney General is head of the Office of the Attorney General and C hief Legal Officer of the government of Guam. SOURCE: GC § 5101. Repealed and reenacted by P.L. 13-117:1 (Dec. 27, 1975) and P.L. 16-072:10 (Mar. 5, 1982). Amended b y P.L. 29-019:VI:51 (Sept. 29, 2007). COL1/11/20225 GCA GOVERNMENT OPERATIONS CH 3 DEPARTMENTS OF THE GOVERNMENT 5 COMMENT: P.L. 16-72:10 amended this section by splitting fr om the Department of Law an Office of the Territorial Pros ecutor. However, § 20 provided that 'if any provision of this Act . . . is held invalid and the invalidity substantially affects other provisions o r applications of the Act, then the provisions of this Act shall n ot be severable and the entire Act shall expire by operation of

invalid and the invalidity substantially affects other provisions o r applications of the Act, then the provisions of this Act shall n ot be severable and the entire Act shall expire by operation of law . Provisions of existing statutes repealed or amended by this Ac t shall then be automatically revived.' A substantial provision of the Act, §1 providing fo r the term of the Prosecutor and limiting the Governor’s power of rem oval, was declared invalid, thus nullifying the whole act and revertin g the law to its previous condition. Territorial Prosecutor for the Territory of Guam, P eople of the Territory of Guam, Petitioners, v. Superior Court o f Guam, Respondent, Peter M. Perez, et al., Real Parties in Interest, D.C. Civ. App. 82-0215, D.C. Guam, App. Div. May 26, 1983. § 3103. Guam Police Department. There is within the Executive Branch of the governm ent of Guam the Guam Police Department. SOURCE: GC § 5102 as amended by P.L. 10-91; P.L. 17-78:1; P.L. 18- 13:1. P.L. 24-034:3 (May 14, 1997) repealed provisi ons of this section that were inconsistent with the act and created a new Ch apter 77 within Title 10, governing the Guam Police Department.

L. 18- 13:1. P.L. 24-034:3 (May 14, 1997) repealed provisi ons of this section that were inconsistent with the act and created a new Ch apter 77 within Title 10, governing the Guam Police Department. 2019 NOTE: Past publications of the GCA indicated that this provision had been repealed in its entirety; however, P.L. 24 -034:3 (May 14, 1997) stated: 'All provisions of Title 5 GCA § 3103 inco nsistent with this Act are repealed.' The first sentence was not inconsist ent and thus, will be included in future publications. Provisions that w ere inconsistent were repealed. COMMENT: P.L. 17-78 split the Fire Department from the old Department of Public Safety, leaving the new Guam P olice Department. P.L. 18-13 specified qualifications for the Chief o f Police. The substantive law governing the Guam Police Department is found i n Titles 8, 9, and 10 of this Code. NOTE: § 3103.1- § 3103.3 and §3103.4 added by P.L. 24-24 0 and P.L. 24-241, respectively, re-codified as § 77201- § 772 03 and § 77301, Articles 2 and 3, respectively, Chapter 77, Title 1 0 GCA. § 3104. Reinstatement of Fire Chief to Previous Pos ition or Position Qualified For.

ectively, re-codified as § 77201- § 772 03 and § 77301, Articles 2 and 3, respectively, Chapter 77, Title 1 0 GCA. § 3104. Reinstatement of Fire Chief to Previous Pos ition or Position Qualified For. Notwithstanding any other provision of law, a perso n who is an active classified employee of the Guam Fire Depa rtment COL1/11/20225 GCA GOVERNMENT OPERATIONS CH 3 DEPARTMENTS OF THE GOVERNMENT 6 immediately prior to appointment by I Maga’lahen Guåhan (the Governor) and confirmation by I Liheslaturan Guåhan (the Legislature) to be Fire Chief shall, if not removed for cause, be reinstated to the position he or she previously hel d immediately prior to such appointment, or to an equivalent posi tion, upon the expiration of his or her appointment as Fire Chief. SOURCE: GC § 5102.1 added by P.L. 18-13:2. Amended by P.L . 28- 150:V:43 (Sept. 30, 2006), entitled 'Reinstatement of Chief of Police and Fire Chief to Classified Position.' Repealed by P. L. 30-202:6 (Nov. 30, 2010). Added by P.L. 32-203:3 (Oct. 13, 2014). NOTE: This provision is effective retroactively to Janua ry 1, 2011 pursuant to P.L. 32-203:7. § 3105. Guam Fire Department.

by P. L. 30-202:6 (Nov. 30, 2010). Added by P.L. 32-203:3 (Oct. 13, 2014). NOTE: This provision is effective retroactively to Janua ry 1, 2011 pursuant to P.L. 32-203:7. § 3105. Guam Fire Department. There is within the Executive Branch of the governm ent of Guam a Guam Fire Department. The Fire Chief is the head of the Department. (a) The Fire Chief is appointed by I Maga’lahen Guåhan (the Governor) with the advice and consent of I Liheslaturan Guåhan (the Legislature), and shall meet the following qualifications: (1) must have a Bachelor’s degree in Fire Science or Public Administration, or a closely related fiel d or discipline, at an accredited institution; and (2) have at least ten (10) years of experience in fire control, including control and extinguishment of fires and fire prevention, of which two (2) years m ust be served in a position equivalent to Battalion Chief or higher; or (3) must have an Associate’s degree in Fire Science, or a closely related field or discipline, at an accredited institution; and (4) have at least fifteen (15) years of experience in fire control, including control and extinguishme nt of fires and fire prevention, of which four (4) years must be

an accredited institution; and (4) have at least fifteen (15) years of experience in fire control, including control and extinguishme nt of fires and fire prevention, of which four (4) years must be served in a position equivalent to Battalion Chi ef or higher. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH 3 DEPARTMENTS OF THE GOVERNMENT 7 (b) Compensation of Fire Chief. Notwithstanding any other provision of law, a person appointed by I Maga’lahen Guåhan (the Governor) and confirmed by I Liheslaturan Guåhan (the Legislature) to be Fire Chief, and who at the time of appointment is an active member of the clas sified service shall receive a salary established by the government of Guam compensation schedule for heads of agencies , or a salary equivalent to the three (3) year average of the annual income earned immediately prior to appointment as F ire Chief, whichever is greater. Said three (3) year av erage shall be reviewed annually to determine if mandated pay i ncreases would have affected the three (3) year average. SOURCE: GC § 5115 added by P.L. 17-78:2. Amended by P.L. 23 -043:2 (Oct. 5, 1995). Amended by P.L. 32-203:2 (Oct. 13, 2014). 2014 NOTE: The amendment of P.L.

have affected the three (3) year average. SOURCE: GC § 5115 added by P.L. 17-78:2. Amended by P.L. 23 -043:2 (Oct. 5, 1995). Amended by P.L. 32-203:2 (Oct. 13, 2014). 2014 NOTE: The amendment of P.L. 32-203:2 is effective retro actively to January 1, 2011 pursuant to P.L. 32-203:7. NOTE: P.L. 17-078 created the Guam Fire Department. The substantive law governing the Guam Fire Department is found in 10 GCA Chapter 72. § 3106. Department of Public Works. There is within the Executive Branch of the govern ment of Guam a Department of Public Works. The Director of Public Works is the head of the Department of Public Works . The Director of Public Works is appointed by the Govern or with the advice and consent of the Legislature. SOURCE: GC § 5104 amended by P.L. 10-91. § 3107. Department of Education. There is within the Executive Branch of the governm ent of Guam a Department of Education. It is the mission o f the Department of Education and the duty of all public officials of the Executive Branch of the government of Guam to provi de an adequate public educational system as required by § 1421g(b) of Title 48 of the United States Code, the Organic Act of Guam, as amended, and to

ecutive Branch of the government of Guam to provi de an adequate public educational system as required by § 1421g(b) of Title 48 of the United States Code, the Organic Act of Guam, as amended, and to that end provide an adequate public education for all public school students as those terms are defin ed at 1 GCA § 715; and to effectuate an increase in the academic performance and standardized testing results of all public school students as COL1/11/20225 GCA GOVERNMENT OPERATIONS CH 3 DEPARTMENTS OF THE GOVERNMENT 8 measured annually by standards and assessments adop ted by the Guam Education Board. SOURCE: GC § 5105, amended by P.L. 13-008:1 (Apr. 12, 1975) , P.L. 28-045:10 (June 6, 2005), and P.L. 33-013:1 (Apr. 1 , 2015). NOTE: The Legislature re-created the elected Board of Ed ucation by P.L. 22-42, the first election for which took place on N ovember 8, 1994. In P.L. 22-42, the Legislature amended 17 GCA § 3102 and ad ded § 3102.1 relative to the selection and qualifications of the Director of Education. The Director, following the passage of P.L. 22-42, but before the elected board takes office, is now selected by the Board wi thout the approval of either the Governor or the

e Director of Education. The Director, following the passage of P.L. 22-42, but before the elected board takes office, is now selected by the Board wi thout the approval of either the Governor or the Legislature. This sectio n was repealed by implication. See AG Opinion LEG 94-0541 (07/15/94). 2015 NOTE: In amending this provision, P.L. 33-013:1 changed l anguage which had stated '§ 29(b) of the Organic Act of Gua m' to '§ 1421g(b) of the Organic Act of Guam.' However, the designation of § 1421g(b) reflects the codification of this provision in the U.S. Code. Therefore, to clarify the reference, the Compiler has added 'Titl e 48 of the United States Code' following § 1421g(b). 2009 NOTE: P.L. 28-045:10 (June 6, 2005) changed the name of the Department of Education to the Guam Public School S ystem. The passage of P.L. 30-050:2 (July 14, 2009) reverted the name to the Department of Education. CROSS REFERENCE: 17 GCA § 3101, which provides that the DOE is within the government of Guam. § 3108. Department of Agriculture. There is within the Executive Branch of the govern ment of Guam a Department of Agriculture.

A § 3101, which provides that the DOE is within the government of Guam. § 3108. Department of Agriculture. There is within the Executive Branch of the govern ment of Guam a Department of Agriculture. The Director of A griculture is the head of the Department of Agriculture. The D irector of Agriculture is appointed by the Governor with the a dvice and consent of the Legislature. SOURCE: GC § 5106 amended by P.L. 10-91. § 3109. Department of Land Management. There is within the Executive Branch of the govern ment of Guam a Department of Land Management. The Director of Land Management is head of the Department of Land Manage ment. The Director of Land Management is appointed by the Gov ernor with the advice and consent of the Legislature. SOURCE: GC § 5107 amended by P.L. 10-91. § 3110. Department of Commerce. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH 3 DEPARTMENTS OF THE GOVERNMENT 9 [Repealed.] SOURCE: GC § 5108 amended by P.L. 10-91. Repealed by P.L. 26-76:32 and functions transferred elsewhere. NOTE: GC § 5109, Department of Labor and Personnel, was repealed by P.L. 9-239. The functions of this department were t aken over by either the Department of Labor or the Department of

red elsewhere. NOTE: GC § 5109, Department of Labor and Personnel, was repealed by P.L. 9-239. The functions of this department were t aken over by either the Department of Labor or the Department of Administra tion. § 3111. Department of Public Health and Social Ser vices. There is, within the Executive Branch of the govern ment of Guam, a Department of Public Health and Social Serv ices, the head of which is the Director. The Director of the Department of Public Health and Social Services is appointed by I Maga’lahi [the Governor] with the advice and consent of I Liheslatura [the Legislature]. The Director shall meet the followin g minimum qualifications: (a) Shall have graduated from a recognized college or university with a Master’s Degree in Health Adminis tration, healthcare service management, human service or a h ealth related field, and five (5) years of experience in the management and administration of a human service, s ocial service, or healthcare service organization of whic h three (3) years shall have been experienced as an administrat or or director in human service, social service, or healt hcare service organization; or (b) Shall have graduated from a recognized

hic h three (3) years shall have been experienced as an administrat or or director in human service, social service, or healt hcare service organization; or (b) Shall have graduated from a recognized college or university with a Master’s Degree in Business Administration or Public Administration, and five ( 5) years of experience in health administration, human servi ce, social service or healthcare service organization of which three (3) years must have been experienced as an administrato r or director in a public health setting, human service, social service or healthcare service organization; or (c) Shall have graduated from a recognized college or university with a Bachelor’s Degree in Business Administration, Public Administration, Health Administration, healthcare service management, huma n service or health related field, and eight (8) year s of experience in health administration or healthcare r elated COL1/11/20225 GCA GOVERNMENT OPERATIONS CH 3 DEPARTMENTS OF THE GOVERNMENT 10 field, of which five (5) years shall have been expe rienced as an administrator or director in a public health, hu man service, social service or healthcare service organization.

OF THE GOVERNMENT 10 field, of which five (5) years shall have been expe rienced as an administrator or director in a public health, hu man service, social service or healthcare service organization. SOURCE: GC § 5110 amended by P.L. 10-91. Amended by P.L. 2 7-09:2. Amended by P.L. 29-078:2 (May 9, 2008). CROSS-REFERENCE: P.L. 27-09:3 (Apr. 28, 2003) states that: 'Any new appointment of a Director after enactment of th is Act shall be in compliance with the provisions of this Act.' 2013 NOTE: Numbers and/or letters were added to adhere to th e Compiler’s alpha-numeric scheme in accordance to 1 GCA § 1606. § 3112. Department of Labor. There is within the Executive Branch of the govern ment of Guam a Department of Labor. The Director of Labor i s the head of the Department of Labor. The Director of Labor i s appointed by the Governor with the advice and consent of the Legislature. SOURCE: GC § 5111 amended by P.L. 10-91. § 3113. Department of Corrections. (a) There is within the Executive Branch of the gov ernment of Guam a Department of Corrections. The Director o f Corrections is the head of the Department of Correc tions.

Department of Corrections. (a) There is within the Executive Branch of the gov ernment of Guam a Department of Corrections. The Director o f Corrections is the head of the Department of Correc tions. The Director of Corrections is appointed by I Magaʹlåhi (the Governor) with the advice and consent of I Liheslatura (the Legislature), and shall meet the following qualific ations: (1) have no less than ten (10) years of progressive experience in a law enforcement agency, including a t least three (3) years in a senior law enforcement positio n, or equivalent executive management experience in the f ield of public administration, business administration, cri minal justice or law, or a closely related field or disci pline; (2) graduated with a Bachelor’s degree or higher in criminal justice, public administration, business administration, law, or a closely related field or discipline from an accredited institution recognized by the Co uncil for Higher Education Accreditation (CHEA) or its succes sors; (3) have no felony, domestic or family violence convictions; COL1/11/20225 GCA GOVERNMENT OPERATIONS CH 3 DEPARTMENTS OF THE GOVERNMENT 11 (4) have no misdemeanor convictions involving

s succes sors; (3) have no felony, domestic or family violence convictions; COL1/11/20225 GCA GOVERNMENT OPERATIONS CH 3 DEPARTMENTS OF THE GOVERNMENT 11 (4) have no misdemeanor convictions involving moral turpitude; (5) submit to and pass a drug screening test, inclu ding, but not limited to, urinalysis testing, unless the appointee is a current employee of the government of Guam register ed with the Peace Officer Standards and Training (POST) Commission as a peace officer occupying a Test-Desi gnated Position (TDP) pursuant to the Department’s Drug-Fr ee Workplace Program; (6) be of good health and good moral character; (7) submit to psychological testing; (8) submit to a polygraph examination; and (9) submit to a thorough investigation of his or he r background and moral character. (b) Compensation of Director of the Department of Corrections. Notwithstanding any other provision of law, a perso n appointed by I Magaʹlåhen Guåhan and confirmed by I Liheslaturan Guåhan to be Director of Corrections, and who at the time of his or her appointment is an active mem ber of the classified service, shall receive a salary establis hed by the government of Guam compensation schedule for

r of Corrections, and who at the time of his or her appointment is an active mem ber of the classified service, shall receive a salary establis hed by the government of Guam compensation schedule for heads of agencies, or a salary equivalent to the three (3)-y ear average of the annual income earned immediately prior to his or he r appointment as Director of the Department of Corrections, which ever is greater. Said three (3)-year average shall be revie wed annually to determine if mandated pay increases would have affe cted the three (3)-year average. (c) A person who is an active classified employee o f the government of Guam immediately prior to his or her appointment by I Magaʹlåhen Guåhan and confirmation by I Liheslaturan Guåhan to be Director of the Department of Corrections sh all, if not removed for cause, be reinstated to the positio n he or she previously held immediately prior to such appointme nt, or to an equivalent position, upon expiration of his or her appointment as Director of Corrections. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH 3 DEPARTMENTS OF THE GOVERNMENT 12 SOURCE: GC § 5112 amended by P.L. 10-91.

position, upon expiration of his or her appointment as Director of Corrections. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH 3 DEPARTMENTS OF THE GOVERNMENT 12 SOURCE: GC § 5112 amended by P.L. 10-91. The substantive l aw governing the Department of Corrections is found in 9 GCA Chapter 90. Amended by P.L. 34-167:2 (Dec. 29, 2018). 2019 NOTE: Subsection designations have been added to adhere t o the Compiler’s general codification and alpha-numeric s chemes pursuant to authority granted by 1 GCA § 1606. § 3114. Department of Revenue and Taxation. There is within the Executive Branch of the govern ment of Guam a Department of Revenue and Taxation. The Dire ctor of Revenue and Taxation is the head of the Department of Revenue and Taxation. The Director of Revenue and Taxation is appointed by the Governor with the advice and consent of the Legislature. SOURCE: GC § 5113 amended by P.L. 10-91. § 3115. Department of Parks and Recreation. There is within the Executive Branch of the govern ment of Guam a Department of Parks and Recreation. The Dire ctor of Parks and Recreation is the head of said department and is appointed by the Governor, pursuant to § 77107(a) o f Article 1, Chapter

ment of Guam a Department of Parks and Recreation. The Dire ctor of Parks and Recreation is the head of said department and is appointed by the Governor, pursuant to § 77107(a) o f Article 1, Chapter 77, Title 21 GCA, with the consent of the L egislature. SOURCE: GC § 5114 added by P.L. 12-209; amended by P.L. 15 -145:24. Amended by P.L. 35-139:1 (Jan. 16, 2021). § 3116. Guam Community College. There is within the Executive Branch of the govern ment of Guam a community college to be known as the Guam Co mmunity College. The President of the Community College is the head of the institution. The President is appointed by the Board of Trustees of the Community College. SOURCE: GC § 5116 added by P.L. 14-77:1. CROSS-REFERENCES: See 17 GCA § 31110 (enacted by P.L. 17-17:2, amended by P.L. 18-12) for method of appointment of the President and change of name from Provost to President. § 3117. Department of Youth Affairs. There is within the Executive Branch of the govern ment of Guam a Department of Youth Affairs. The head of the department COL1/11/20225 GCA GOVERNMENT OPERATIONS CH 3 DEPARTMENTS OF THE GOVERNMENT 13 shall be the Director who shall be appointed by the Council on Youth

artment of Youth Affairs. The head of the department COL1/11/20225 GCA GOVERNMENT OPERATIONS CH 3 DEPARTMENTS OF THE GOVERNMENT 13 shall be the Director who shall be appointed by the Council on Youth Affairs with the approval of the Governor and with the advice and consent of the Legislature. SOURCE: GC § 5120 added by P.L. 14-110:2. § 3118. Department of Military Affairs. (See 10 GCA § 63100 for the creation of the Departm ent of Military Affairs.) § 3119. Council on the Arts and Humanities. There is within the Executive Branch of the govern ment of Guam the Guam Council on the Arts and Humanities. T he chief administrative officer of the Council shall be the Director who shall be appointed by the governing board with the approval of the Governor and with the advice and consent of the Leg islature. SOURCE: GC § 5123 added by P.L. 16-122:2. § 3120. Agency for Human Resources Development. [Repealed.] SOURCE: GC § 44100 added by P.L. 17-081:1 (Dec. 18, 1984). Repealed by P.L. 33-061:3 (Aug. 24, 2015). 2015 NOTE: Pursuant to 22 GCA §§ 1301 and 1302 (as added by P .L. 33-061:4 (Aug. 24, 2015), the Agency for Human Reso urces Development is now known as the Division of Workforce

61:3 (Aug. 24, 2015). 2015 NOTE: Pursuant to 22 GCA §§ 1301 and 1302 (as added by P .L. 33-061:4 (Aug. 24, 2015), the Agency for Human Reso urces Development is now known as the Division of Workforce Developme nt and Training within the Department of Labor. See 22 GCA, Div. 1 , Ch. 1, Art. 3. § 3121. Guam Behavioral Health and Wellness Center. (See 10 GCA § 85103, added by P.L. 17-021:2, for th e creation of the Guam Behavioral Health and Wellness Center.) 2013 NOTE: Pursuant to P.L. 32-024:2 (May 6, 2013), which re named the Department of Mental Health and Substance Abuse (DMHSA) to the Guam Behavioral Health and Wellness Center, all ref erences to DMHSA were altered to the Guam Behavioral Health and Well ness Center. § 3122. Guam Public Library System. (a) There is within the government of Guam a Guam Public Library System, herein referred to as the Library S ystem, which shall be a separate agency of the government of Gua m. The title of all Library System’s property is and shall conti nue to be in the government of Guam. All references made to the term 'Library' COL1/11/20225 GCA GOVERNMENT OPERATIONS CH 3 DEPARTMENTS OF THE GOVERNMENT 14 in this Section, and Sections within

conti nue to be in the government of Guam. All references made to the term 'Library' COL1/11/20225 GCA GOVERNMENT OPERATIONS CH 3 DEPARTMENTS OF THE GOVERNMENT 14 in this Section, and Sections within Chapter 80 of Title 5 of the Guam Code Annotated, shall mean the Library System. (b) The Library System shall be under the general c ognizance of the Guam Public Library Board, hereinafter refer red to as the Board, which shall have the authority, power and re sponsibility for the administration and operation of the Guam Pu blic Library System. (c) The Board shall appoint a Director who shall pe rform such executive functions in connection with the ope ration of the Library System as may be designated by the Board, a nd who shall serve as executive secretary of the Board without a dditional compensation. The Director shall, with the concurre nce of the Board, appoint a Deputy Director who shall be in th e unclassified service and who shall be a librarian, as defined by the Library System’s minimum knowledge, abilities and skills qu alifications for a librarian position. (d) (1) Qualifications for Director.

ssified service and who shall be a librarian, as defined by the Library System’s minimum knowledge, abilities and skills qu alifications for a librarian position. (d) (1) Qualifications for Director. The Director must: (A) have earned a Master’s Degree in Library Science (MLS), a Master’s degree in Library and Information Science (MLIS), or a Master’s degree in Education with concentration on Library Science fro m a United States accredited college or university or from a college or university accredited by the American Library Association (ALA); and (B) have a minimum of four (4) years general managerial experience or have earned Bachelor’s or Master’s degree in Business Administration, Commerc e, Business Information Systems, Public Administration or a related field from a United States Accredited Col lege or University. (2) Primary Job Duties. The Director shall adminis ter the day-to-day operations of the Guam Public Librar y System, implement board policy and perform other du ties as assigned by the Board. SOURCE: GC § 42000 (Subsection (a)); GC § 42003 (Subsectio n (b)); GC § 42012 (Subsection (c)), as codified by the Com piler. Repealed and reenacted by P.L.

rm other du ties as assigned by the Board. SOURCE: GC § 42000 (Subsection (a)); GC § 42003 (Subsectio n (b)); GC § 42012 (Subsection (c)), as codified by the Com piler. Repealed and reenacted by P.L. 24-041 (June 20, 1997). Subsectio n (d) added by P.L. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH 3 DEPARTMENTS OF THE GOVERNMENT 15 27-013:2 (Apr. 26, 2003), repealed and reenacted by P.L. 28-050:4 (June 30, 2005). 2016 NOTE: This provision was codified by the Compiler during the transition from the Government Code and the establi shment of the GCA. The remaining Government Code provisions governing the public libraries, added by P,L. 2-107 (Aug. 6, 1954), were subsequently codified by the Compiler as Title 5, Chapter 80. CROSS-REFERENCES: Title 5 GCA, Chapter 80. § 3123. Public Utility Agency. [Repealed.] SOURCE: GC § 21200 amended by P.L. 16-59:1. The substantive law governing PUAG is found in 5 GCA Chapter 56. Repeal ed by P.L. 23- 119:2. § 3124. Civil Service Commission. (For creation of the Civil Service Commission, see 4 GCA § 4401 amended by P.L. 16-23.) § 3125. Civil Defense. (For creation of the Civil Defense agency, see 10 G CA § 65103, ¶ 1 (formerly GC § 8503, ¶ 1)).

eation of the Civil Service Commission, see 4 GCA § 4401 amended by P.L. 16-23.) § 3125. Civil Defense. (For creation of the Civil Defense agency, see 10 G CA § 65103, ¶ 1 (formerly GC § 8503, ¶ 1)). § 3126. Vocational Rehabilitation. (For creation of the Department of Vocational Rehab ilitation, see 17 GCA § 41102 repealed /reenacted by P.L. 18-032:1 (Apr. 24, 1986).) NOTE: Creation of the Guam Environmental Protection Agen cy, which is not a true department of the government, but is mor e akin to an autonomous agency, is found in 10 GCA Chapter 45. C reation of the Bureau of Planning and Bureau of Budget and Managem ent Research is found in Chapter 1 of this Title. Those two bureaus are not separate agencies, but are placed within the Office of the G overnor. § 3127. Customs and Quarantine Agency. (a) There is hereby established within the governme nt of Guam, the Customs and Quarantine Agency (the Agency ). The Director of the Agency, who is the head of the Agen cy, shall be appointed by I Maga’låhi (the Governor) with the advice and consent of I Liheslatura (the Legislature), and shall meet the following qualifications: (1) have no less than ten (10) years of progressive

ppointed by I Maga’låhi (the Governor) with the advice and consent of I Liheslatura (the Legislature), and shall meet the following qualifications: (1) have no less than ten (10) years of progressive experience in a law enforcement agency, including a t least COL1/11/20225 GCA GOVERNMENT OPERATIONS CH 3 DEPARTMENTS OF THE GOVERNMENT 16 three (3) years in a senior law enforcement positio n, or with equivalent executive management experience in the f ield of public administration, business administration, cri minal justice, or law, or a closely related field or disc ipline; (2) graduated with a Bachelor’s degree or higher in criminal justice, public administration, business administration, law, or a closely related field or discipline from an accredited institution recognized by the Co uncil for Higher Education Accreditation (CHEA) or its succes sors; (3) have no felony, domestic or family violence convictions; (4) have no misdemeanor convictions involving moral turpitude; (5) submit to and pass a drug screening test, inclu ding, but not limited to, urinalysis testing, unless the appointee is a current employee of the government of Guam register ed with the Peace Officer Standards

o and pass a drug screening test, inclu ding, but not limited to, urinalysis testing, unless the appointee is a current employee of the government of Guam register ed with the Peace Officer Standards and Training (POST) Commission as a peace officer occupying a Test-Desi gnated Position (TDP) pursuant to the Department’s Drug-Fr ee Workplace Program; (6) be of good health and good moral character; (7) submit to psychological testing; (8) submit to a polygraph examination; and (9) submit to a thorough investigation of his or he r background and moral character. (b) Compensation of Director of Customs and Quarant ine Agency. Notwithstanding any other provision of law, a perso n appointed by I Maga’låhen Guåhan and confirmed by I Liheslaturan Guåhan to be Director of the Customs and Quarantine Agency, and who at the time of his or he r appointment is an active member of the classified service, shall receive a salary established by the government of Guam compensation schedule for heads of agencies, or a salary equivalent to th e three (3)-year average of the annual income earned immediately pri or to his/her COL1/11/20225 GCA GOVERNMENT OPERATIONS CH 3 DEPARTMENTS OF THE GOVERNMENT 17

agencies, or a salary equivalent to th e three (3)-year average of the annual income earned immediately pri or to his/her COL1/11/20225 GCA GOVERNMENT OPERATIONS CH 3 DEPARTMENTS OF THE GOVERNMENT 17 appointment as the Director of the Customs and Quar antine Agency, whichever is greater. Said three (3)-year a verage shall be reviewed annually to determine if mandated pay incr eases would have affected the three (3)-year average. (c) A person who is an active classified employee o f the government of Guam immediately prior to his or her appointment by I Maga’låhen Guåhan and confirmation by I Liheslaturan Guåhan to be a Director of the Customs and Quarantine Age ncy shall , if not removed for cause, be reinstated to the po sition he or she previously held immediately prior to such appoi ntment, or to an equivalent position, upon expiration of his or h er appointment as Director of the Customs and Quarantine Agency. (d) The senior ranking classified Customs and Quara ntine Officer within the Agency shall act as the Deputy D irector of the Agency with all the powers of such a deputy but wit hout additional compensation.

senior ranking classified Customs and Quara ntine Officer within the Agency shall act as the Deputy D irector of the Agency with all the powers of such a deputy but wit hout additional compensation. The compensation of the Di rector of the Agency and of such Director’s personal secretary sh all be set by the Director of Administration. SOURCE: Added by P.L. 22-112:2 (04/11/94). Amended by P.L. 23- 003:1. (Mar. 30, 1995) and P.L. 34-170:2 (Dec. 29, 2018) (effective Jan. 1, 2019). 2019 NOTE: Subsection designations have been added to adhere t o the Compiler’s general codification and alpha-numeric s chemes pursuant to authority granted by 1 GCA § 1606. NOTE: Effective January 1, 2006, references to the 'Civil Service Commission' were amended to 'Director of Administr ation' pursuant to P.L. 28-68:IV:45 (Sept. 30, 2005). COMMENT: The amendment made to this section changed the wor ds, 'senior classified employee' to 'senior ranking cla ssified Customs & Quarantine Officer' to make sure that the Deputy Di rector was always such an Officer and not, by reason of time in servi ce, another employee of the agency who was not a sworn officer. § 3128. Guam Museum.

ine Officer' to make sure that the Deputy Di rector was always such an Officer and not, by reason of time in servi ce, another employee of the agency who was not a sworn officer. § 3128. Guam Museum. (For the creation of the Guam Museum as a separate agency, see 5 GCA § 83102.) § 3129. Komitea Para Tiyan. (a) Legislative History. The Komitea Para Tiyan, a s agent for the Governor of Guam under Executive Order 95-02, a nd on COL1/11/20225 GCA GOVERNMENT OPERATIONS CH 3 DEPARTMENTS OF THE GOVERNMENT 18 behalf of the people of Guam, has issued official n otice to the United States Navy, to the Federal government and t o all other concerned individuals and authorities that the Komi tea Para Tiyan shall continue to assume the authority, duties and responsibilities as ‘caretaker’ of Naval Air Station, Guam ('NAS') d uring the interim period and until such time as all requireme nts are successfully accomplished for the issuance of title to the government of Guam to the property and parcels comp rising NAS. (b) Personnel. The Komitea Para Tiyan may hire pers onnel to perform the functions that are necessary for the effective performance of the responsibilities and obligations of

parcels comp rising NAS. (b) Personnel. The Komitea Para Tiyan may hire pers onnel to perform the functions that are necessary for the effective performance of the responsibilities and obligations of caretaker. (c) [Repealed.] SOURCE: Added by P.L. 24-59:IV:1 as § 3128. Recodified as § 3129 by the Compiler as § 3128 was previously codified. Ame nded by P.L. 25- 003:IV:3 as § 3128. Subsection (c) repealed by P.L. 36-071:13 (Dec. 27, 2021). 2022 NOTE: Prior to its repeal by P.L. 36-071:13 (Dec. 27, 2 021), subsection (c) stated: Komitea Para Tiyan Authorized to Charge Rents and F ees. The Komitea Para Tiyan is designated the responsibility of developing and recommending the planning activities in the reu se of NAS or the various use or potential uses of the facilities wit hin NAS for the maximum benefit of the people of Guam. The Komitea Para Tiyan is authorized to identify and adopt the types of fe es, charges and assessments for use of NAS facilities, and is exemp t from the provisions of the Administrative Adjudication Law. All money collected or proceeds received from lease fees, ser vice fees or rentals of equipment and facilities within NAS, with the ex ception of those

visions of the Administrative Adjudication Law. All money collected or proceeds received from lease fees, ser vice fees or rentals of equipment and facilities within NAS, with the ex ception of those facilities and fees currently being administered by the Department of Education, shall be promptly accounted for and depo sited into the ‘Komitea Para Tiyan Fund ’ of the government of Guam. There is created within the government of Guam, a ‘ Komitea Para Tiyan Fund ’ which is to be maintained separate and apart from other funds. All money collected and deposited into Komitea Para Tiyan Fund shall be used exclusively by the Komitea Para Tiyan , and the Komitea Para Tiyan is authorized to expend, as auth orized and appropriated by I Liheslaturan Guåhan , such funds for the operations, maintenance of NAS grounds and faciliti es, and for the payment of utility expenses incurred by the common areas of Tiyan, but not for utility expenses incurred by any depart ment or agency. For the purpose of this Section, ‘ common areas of Tiyan ’ are those areas within the confines of Naval Air Station (‘NA S’) that have not COL1/11/20225 GCA GOVERNMENT OPERATIONS CH 3 DEPARTMENTS OF THE GOVERNMENT 19

f this Section, ‘ common areas of Tiyan ’ are those areas within the confines of Naval Air Station (‘NA S’) that have not COL1/11/20225 GCA GOVERNMENT OPERATIONS CH 3 DEPARTMENTS OF THE GOVERNMENT 19 been allocated or designated for use by any agency or department of the government of Guam. The Director of the Departm ent of Administration shall submit a quarterly financial s tatement detailing the status of the Komitea Para Tiyan Fund to the Sp eaker of I Liheslaturan Guåhan . Any amount remaining in the Komitea Para Tiyan Fund at the end of each fiscal year shall be transferred to the Tiyan Trust Fund as outlined in § 68982 of Article 12 of Chapter 68, Division 2 of Title 21 of the Guam Code Annotated. 2009 NOTE: P.L. 28-045:10 (June 6, 2005) changed the name of the Department of Education to the Guam Public School S ystem. The passage of P.L. 30-050:2 (July 14, 2009) reverted the name to the Department of Education. § 3130. Annual Public Hearing Requirements on Fee Schedules. All departments and agencies of the government of Guam that administer and collect fees for government ser vices shall conduct a public hearing on existing fee schedules to receive and ascertain public

l departments and agencies of the government of Guam that administer and collect fees for government ser vices shall conduct a public hearing on existing fee schedules to receive and ascertain public opinion thereon within sixty (60) days of enactment of this Act. Beginning in 2008, all such departments and agencies shall conduct such hearings on an annu al basis prior to April 1 of each year and shall regularly adjust existing fees, pursuant to the Administrative Adjudication Act, or implement new fees for the purpose of cost recovery. SOURCE: Added by P.L. 29-002:V:IX:2 (May 18, 2007). 2013 NOTE: This section was originally codified as 5 GCA 311 1 by P.L. 29-002:V:IX:2. Recodified by the Compiler to this s ection pursuant to 1 GCA § 1606. § 3131. Better Customer Service Policy – 'Move to t he Front of the Line'. All agencies, public corporations and instrumentali ties of the government of Guam shall ensure that individuals wi th mobility disabilities, or are fifty-five (55) years of age o r older, or veterans are allowed to move to the front of the line for cu stomer service requests and remittance of payments, and treated on a first come – first served basis.

five (55) years of age o r older, or veterans are allowed to move to the front of the line for cu stomer service requests and remittance of payments, and treated on a first come – first served basis. This Section does not apply where patrons of an agency are scheduled by appointment. Nothing he rein is intended to prevent an agency, public corporation o r instrumentality from creating separate service line s to accommodate patrons with mobility disabilities, or are fifty-five COL1/11/20225 GCA GOVERNMENT OPERATIONS CH 3 DEPARTMENTS OF THE GOVERNMENT 20 (55) years of age or older, or veterans. The provi sions of this Section shall not affect the policies, priorities a nd protocols for rendering triage/treatment of patients for medical care. SOURCE: Added by P.L. 30-171:1 (July 16, 2010), effective sixty (60) from date of enactment. Amended by P.L. 31-269:2 (D ec. 26, 2012). 2013 NOTE: This section was originally codified as 5 GCA 313 2 by P.L. 30-171:1. Recodified by the Compiler to this sectio n pursuant to 1 GCA § 1606. § 3132. Agency Operational Continuity Plans. The Director or equivalent officer of each agency a nd instrumentality of the government of Guam shall establish an

his sectio n pursuant to 1 GCA § 1606. § 3132. Agency Operational Continuity Plans. The Director or equivalent officer of each agency a nd instrumentality of the government of Guam shall establish an operational continuity plan. (a) Each such plan shall be reviewed annually for adequacy and so ratified by the governing board or, in the absence of a governing board, I Maga’låhen Guåhan , on or before October 1 st with amendments. Copies of each plan, to include those annually reviewed, shall be transmitted to I Maga’låhen Guåhan and the Speaker of I Liheslaturan Guåhan no later than five (5) working days following the ratification thereof. (b) Such plan shall include, but not be limited to, provisions for: (1) events that would disrupt the ability of the agency to operate, such as: (A) loss of personnel by retirement, whether known or unknown in advance, national guard deployment, military reserve deployment, sickness, death, or other contingencies; (B) loss, malfunction, or breakdown of equipment necessary for the efficient provision of services; (C) loss of physical or electronic records necessary for the efficient provision of services; (D) unavailability of a facility necessary

f equipment necessary for the efficient provision of services; (C) loss of physical or electronic records necessary for the efficient provision of services; (D) unavailability of a facility necessary for the efficient provision of services; COL1/11/20225 GCA GOVERNMENT OPERATIONS CH 3 DEPARTMENTS OF THE GOVERNMENT 21 (E) unanticipated reduced funding levels during the fiscal year relative to the appropriated level by ten percent (10%), twenty percent (20%), or thirty percent (30%); (F) any combination of the above through reasonably foreseeable instances, such as a natural or other disaster or act, or omission of the agency or other entities, including hostile acts; or (G) any additional areas so identified by the governing board, or in the absence of a governing board, I Maga’låhen Guåhan ; (2) the maintenance of maximum operational continuity in the event of any situation that would disrupt the ability of the agency to operate pursua nt to Subsection (a) of this Section; and (3) a statement of actions to be taken to prevent o r mitigate any vulnerabilities, pursuant to Subsectio n (a) of this Section, which pose a significant risk to t he continuity of operations of the agency.

tatement of actions to be taken to prevent o r mitigate any vulnerabilities, pursuant to Subsectio n (a) of this Section, which pose a significant risk to t he continuity of operations of the agency. SOURCE: Added by P.L. 34-082:3 (Feb. 19, 2018). 2018 NOTE: Subsection designations altered/added pursuant to the authority of 1 GCA § 1606. ---------- ARTICLE 2 JUDICIARY § 3201. Courts of Guam. The courts of Guam shall be constituted as provide d in Title 7, Guam Code Annotated. SOURCE: GC § 29000. NOTE: The Code of Civil Procedure is now codified as Tit le 7 of the Guam Code Annotated. ---------- COL1/11/2022