4 GCA § 2103.16
Employment and Employment Contracts; When Forbidden
View official PDF ↗No contract of employment shall be entered into between 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 law or is for a physician or dentist. Such employment shall be effected through the standard form of personnel action. This Section shall not affect the ability of the government of Guam to contract for temporary services or for specific contracts not involving an employment relationship with the government of Guam, but shall apply to a contract which is essentially a contract for full time personal services; provided, however, that the executive branch and the autonomous agencies and instrumentalities of the government of Guam may contract for the independent services of any retired employee of the government of Guam, who shall not receive thereunder the standard government of Guam retirement benefits given non-contract employees; and provided, further, that, in addition, the executive branch and the autonomous agencies and instrumentalities of the government of Guam may also hire under independent contracts persons who do not wish to be full time employees (2080 hours per year) and who agree that they shall not receive any of the benefits given full time non-contractual employees of the government of Guam.
§ The story of this section
- Enacted by P.L. 17-3 § 2 (bill & sponsor pending — earlier Legislature not yet ingested)
- Amended by P.L. 22-108 § 14 — introduced as Bill 414-22 · introduced by Don Parkinson + 2 cosponsors
- Amended by P.L. 22-144 § 2 — introduced as Bill 1227-22 · introduced by John P. Aguon + 2 cosponsors
Interpreted by the courts:
- 2002 Guam 6 — Aline Yamashita, Ph.D. vs. Carl T.C. Gutierrez, in his capacity as the Governor of Guam, and the Department of Education (2002) · per Peter C. Siguenza, J. · cited at ¶9
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.