4 GCA § 4407

Standards for Making Decisions on Appeal

Guam Code AnnotatedTitle 4 — Public Officers and Employees

(a)Upon the hearing of any adverse action appeal, the burden of proof shall be upon the government to show clearly and convincingly that the action of the Branch, department, agency or instrumentality was correct.

(b)Upon the hearing of a grievance, discrimination complaint or other appeal, the burden of proof shall be upon the employee to show that the action of the Government was improper.

(c)In cases involving charges which could be a crime if the person was charged in a criminal action, the Commission shall determine the matter based upon substantial evidence that the employee committed the acts charged.

§ The story of this section

Amended by P.L. 16-23 § 1 (bill & sponsor pending — earlier Legislature not yet ingested)
Amended by P.L. 26-88 § 3 — introduced as Bill 173-26 · introduced by Mark C. Charfauros

Interpreted by the courts:

2014 Guam 27 — In the Matter of: Guam Memorial Hospital Authority, Petitioner-Appellee, v. Civil Service Commission, Respondent and Eva (2014) · per Robert J. Torres, J.
2015 Guam 18 — In the Matter of: Guam Memorial Hospital Authority, Plaintiff-Appellee, v. Civil Service Commission, Respondent, and Ev (2015) · per Robert J. Torres, J.
2018 Guam 1 — Port Authority of Guam, Petitioner-Appellant, v. Civil Service Commission, Respondent-Appellee, and Jose B. Guevara III, (2018) · per F. Philip Carbullido, J.
2018 Guam 9 — Port Authority of Guam, Petitioner-Appellee, v. Civil Service Commission, Respondent-Appellant, and Josette Javelosa, Re (2018) · per Katherine A. Maraman, J.
2021 Guam 21 — In Re Hi Life Tours, LLC, Petitioner-Appellee, v. Government of Guam Department of Parks and Recreation; Roque Alcantara (2021) · per Katherine A. Maraman, J.
2021 Guam 4 — Port Authority of Guam, Petitioner-Appellee, v. Civil Service Commission, Respondent-Appellee, and Eddie N. Castro, Real (2021) · per Katherine A. Maraman, J.
2022 Guam 19 — Mark C. Charfauros, Petitioner-Appellant, v. Civil Service Commission, Respondent-Appellee, and Guam Police Department, (2022) · per Katherine A. Maraman, J.

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