Time Limits on Acting Capacity for Positions Requiring Legislative Approval

(a)I Maga’hågan/Maga’låhen Guåhan or appointing authority may, by separate appointment, appoint a person in an acting capacity to fill a salaried position which requires the advice and consent of I Liheslaturan Guåhan. No person may serve in such an acting capacity for a period in excess of ninety

(90)days, provided, that no acting director who is not otherwise a classified employee of the government of Guam may serve in the capacity of acting director without the transmittal of such person’s name to I Liheslaturan Guåhan for the purpose of confirmation within fifteen

(15)days of their appointment as acting director. This Section does not apply to appointments to classified positions, but does apply to classified employees appointed in an acting capacity to a position requiring the advice and consent of I Liheslaturan Guåhan.

(b)In the event of that person’s rejection, a candidate’s nomination may be resubmitted by the appointing authority to fill the same position, but the candidate may not function in an acting capacity for CH. 2 APPOINTMENTS TO OFFICE that position following such rejection, and may assume the position only when confirmed by I Liheslaturan Guåhan.

(c)No funds appropriated by law may be expended to pay a salary or any personnel benefits of any kind, or to pay someone on payroll or contract who serves in an acting capacity in a position to which that person was appointed by I Maga’hågan/Maga’låhen Guåhan and subsequently denied confirmation by I Liheslaturan Guåhan, for a period of three

(3)years following rejection of that person’s appointment by I Liheslaturan Guåhan.

(d)No person shall serve in an acting capacity on any board or commission requiring legislative advice and consent. Failure to comply with this Subsection shall render the actions of a defective appointee null and void.

(e)An appointed board or commission member may continue to serve for ninety

(90)calendar plus three

(3)legislative days in that person’s position after that person’s term has expired in an acting holdover capacity until that person, or another person, is appointed by I Maga’hågan/Maga’låhen Guåhan and confirmed by I Liheslaturan Guåhan.

(f)The ninety

(90)calendar day plus the three

(3)legislative day limitation period for serving in an acting capacity shall not be tolled because another person is serving in a temporary acting capacity during the nominee’s absence, nor shall it be tolled by the appointment of some other person to temporarily fill the position in an acting capacity.