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4 GCA § 2103.6

Resignations from Positions

Guam Code AnnotatedTitle 4 — Public Officers and Employees
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(a)A resignation from any position shall be in writing (Resignation Letter) and directed to the appointing authority, and shall, by its terms, be effective immediately or on a date certain. If no effective date is indicated, it shall 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 effective immediately or sooner than the effective date in the Resignation Letter. Such resignation shall be effective according to its terms unless the appointing authority, at its discretion, makes the resignation effective immediately or at sometime sooner than the Resignation Letter. If the position involved requires the advice and consent of I Liheslatura, the appointing authority shall immediately after receipt of the Resignation Letter forward a copy of such Resignation Letter to the Speaker of I Liheslatura. Once such a Resignation Letter is delivered to the appointing authority, it may not be later withdrawn by the resigning person without the consent of the appointing authority. Acceptance of such resignation by the appointing authority is not required for the resignation to become effective.

(b)When, as to positions requiring the advice and consent of I Liheslatura, the appointing authority and the appointee following delivery of a Resignation Letter to the appointing authority, jointly decide to withdraw the resignation after its submittal, the appointing authority shall within five

(5)calendar days submit the name of the appointee to I Liheslatura 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 instrumentalities, which is directed to I Maga’håga/Maga’låhi or directed to any of the person’s supervisors shall be treated as a non-revocable resignation as if it had been directed to an appointing authority.

(d)In the case of appointments awaiting action by I Liheslatura for confirmation, either the appointing authority or the appointee may unilaterally request the Speaker of I Liheslatura to withdraw the nomination of the appointee, which withdrawal shall be effective immediately. Such a withdrawal 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 officials, every elected official except I Maga’håga/Maga’låhi and a senator, may submit a Resignation Letter to I Maga’håga/Maga’låhi. I Maga’håga/Maga’låhi may submit a Resignation Letter to the Speaker of I Liheslatura, and a senator may CH. 2 APPOINTMENTS TO OFFICE submit a Resignation Letter to either I Maga’håga/Maga’låhi or the Speaker. A judge or justice shall submit a Resignation Letter to I Maga’håga/Maga’låhi.

§ The story of this section

  1. Enacted by P.L. 22-108 § 4 — introduced as Bill 414-22 · introduced by Don Parkinson + 2 cosponsors

Interpreted by the courts:

  • 2003 Guam 3Mariano J.C. Mesngon vs. Gov't of Guam, Civil Service Commission and University of Guam, through Dr. David L.G. Shimizu, (2003) · per Peter C. Siguenza, J. · pinpoints (a) at ¶15

Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.