Guam § 4103 - Additional Positions.

§ 4103. Additional Positions.

(a) Except as hereafter authorized by law, the number of employees in the executive and judicial

branches shall not be increased beyond the numbers provided for in the annual General Appropriation Act.

(1) On the first day other than a holiday of each February, May, August and November, I

Maga’håga/Maga’låhi and the Chief Justice shall each submit to I Liheslatura a verified report stating

as of the last day of December, March, June and September, respectively, the number of persons

actually employed.

(2) The report shall show whether the persons employed are full-time or part-time and permanent

or temporary.

(b) In applying the limitation of Paragraph (a), part-time employees may be counted as a fraction which

is determined by dividing forty (40) hours into the average number of hours of such employees’ regularly

scheduled work week.

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(c) In applying the limitation of Paragraph (a), persons employed in special employment programs

established for students and disadvantaged youth shall not be included, but the executive and judicial

branches shall be limited to employing in such programs the number of persons authorized by the

appropriation made for them.

(d) Notwithstanding Paragraph (a), the number of employees in the executive branch may be increased

beyond the number authorized for a period of no longer than ninety (90) days in the event Guam is declared

to be in a condition of disaster or emergency by I Maga’håga/Maga’låhi or by the president of the United

States.

(e) [No text]

(1) No person may be temporarily employed in a non-professional capacity for more than one

hundred twenty (120) days in any calendar year except pursuant to an exception provided for by

Paragraph (d).

(2) No person may be temporarily employed in a professional capacity for more than one hundred

twenty (120) days except upon a contract in writing, and a determination in writing by the appointing

authority that such employment is critical to either the public health, safety or welfare of the

community.

(3) For purposes of this Paragraph a person is employed as a professional if the person’s job

description in the Dictionary of Occupational Titles, published by the U.S. Department of Labor, has

as its first digit zero (0) or one (1).

(4) Any person whose job description does not have as its first digit zero (0) or one (1) shall be

deemed to be a non-professional employee.

(f) [No text]

(1) No person may be employed in the executive or judicial branches other than for services

actually rendered in connection with and for the purposes of the appropriation from which that person

is paid.

(2) Any person employed in violation of this Paragraph shall be removed from the employ of the

Government.

(g) [No text]

(1) A person may be employed in the classified service contingent upon the availability of a grant,

federal program or federal funds.

(2) An appointment in the classified service may be commensurate with the duration of a grant,

federal grant, federal program or federal funds including renewals and extensions thereof.

(h) [No text]

(1) A person may be employed in a professional level position in the classified service for a

specific project or program.

(2) An appointment in the classified service may be commensurate with the duration of a specific

project or program.