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4 GCA § 4101

Personnel Policy

Guam Code AnnotatedTitle 4 — Public Officers and Employees
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(a)[No text]

(1)Employment in the service of the government of Guam shall be based upon merit, and selection and promotion of employees shall be free of personal or political consideration.

(A)No person shall be discriminated against in an application for employment or promotion or dismissed from employment on account of honorably discharged veteran and military status, sexual orientation, race, color, age, religion, sex (including gender identity or expression), national origin, or physical or mental impairment.

(B)No person shall be discriminated against in an application for employment or promotion or dismissed from employment because of the country where the college or university from which he received any degree or training is located.

(C)All personnel actions, including appointments and promotions, shall be based, insofar as practicable, on competitive practical tests and evaluations.

(D)Continuity of employment shall be dependent upon good behavior, satisfactory performance and availability of funds.

(2)For the purpose of this Section, the terms sexual orientation, gender identity or expression, and veteran and military status are defined in § 5202 of Article 2, Chapter 5, 22 GCA.

(b)[No text] CH. 4 PERSONNEL POLICY AND THE CIVIL SERVICE COMMISSION

(1)The Government shall initiate an Affirmative Action Program to assure that physically and mentally handicapped persons shall have an opportunity to obtain government employment.

(2)The affirmative action program shall include job training programs for the handicapped and a continuing review of job and work requirements by the personnel agencies and the Director of Administration to assure no artificial impediments or discriminatory physical or mental requirements be established to thwart job applications submitted by handicapped persons.

(c)[No text]

(1)All new employment in the service of the government of Guam shall have, as a reasonable measure of job performance, the minimum requirement of a high school diploma or a successful completion of a General Education Development

(GED)test or any equivalent of a general education high school program, apprenticeship program or successful completion of certification program, from a recognized, accredited or certified vocational technical institution, in a specialized field required for the job.

(A)For entry-level positions, a formal nationally recognized foundational skills assessment shall be required for consideration for employment.

(B)For government of Guam positions in which basic employment requirements are set forth by the U.S. Federal Government, a formal nationally recognized foundational skills assessment is preferred.

(C)Positions in which a formal nationally recognized foundational skills assessment is preferred include, but are not limited to, all entry level positions, law enforcement positions, positions that deal with public safety, and other new employment positions identified and deemed necessary by the Director.

(D)The Director shall implement rules and regulations that are aligned with local and federal employment laws.

(2)This Subsection shall not be applicable to the Summer Youth Employment, and any person with a disability which prevents him or her from complying with this Section consistent with the Americans with Disabilities Act, or its successor laws.

§ The story of this section

  1. Enacted by P.L. 16-23 § 1 (bill & sponsor pending — earlier Legislature not yet ingested)
  2. Amended by P.L. 28-112 § 2 — introduced as Bill 254-28 · introduced by Robert Klitzkie · lead sponsor unverified
  3. Amended by P.L. 29-19 § VI — introduced as Bill 174-29
  4. Affected by P.L. 33-64 § 4 — introduced as Bill 102-33 · introduced by Benjamin J.F. Cruz + 3 cosponsors
  5. Amended by P.L. 28-68 § IV — introduced as Bill 11-28
  6. Enacted by P.L. 26-87 § 2 — introduced as Bill 171-26 · introduced by Vicente C. Pangelinan
  7. Amended by P.L. 27-61 § 1 — introduced as Bill 60-27 · introduced by Lawrence F. Kasperbauer
  8. Amended by P.L. 29-100 § 2 — introduced as Bill 284-29 · introduced by Vicente C. Pangelinan + 2 cosponsors
  9. Affected by P.L. 29-113 § VI — introduced as Bill 207-29
  10. Affected by P.L. 31-254 § 2 — introduced as Bill 466-31 · introduced by Sam Mabini, Ph.D + 2 cosponsors

Interpreted by the courts:

  • 2002 Guam 4 — University of Guam vs. Dr. Christy Foley (2002) · cited at ¶8
  • 2004 Guam 10 — IN RE: Request of Governor Felix P. Camacho Relative to the Interpretation and Application of Sections 6 and 9 of the Or (2004) · per F. Philip Carbullido, J. · cited at ¶74
  • 2007 Guam 6 — Lester L. Carson, Jr. and David H. Sasai, Petitioners-Appellants, v. Gerald S.A. Perez, Administrator, Guam Economic Dev (2007) · per Robert J. Torres, J. · cited at ¶32
  • 2015 Guam 14 — Port Authority of Guam, Petitioner-Appellee, v. Civil Service Commission, Respondent, Kevin J.T. Susuico, Real Party in (2015) · per Katherine A. Maraman, J. · pinpoints (a) at ¶13
  • 2019 Guam 22 — Eric Santos, Petitioner-Appellant, Guam Civil Service Commission, Respondent-Appellee, and Department of Corrections, Go (2019) · per Katherine A. Maraman, J. · cited at ¶12

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