Guam § 4105 - Departmental Rules.

§ 4105. Departmental Rules.

(a) Rules subject to criteria established by this Chapter governing the selection, promotion,

performance, evaluation, demotion, suspension and other disciplinary action of classified employees shall

be adopted by the Board of Directors of the Antonio B. Won Pat International Airport Authority, Guam;

the Board of Directors of the Guam Economic Development Authority; the Board of Directors of the Guam

Housing Corporation; the Board of Commissioners of the Guam Housing and Urban Renewal Authority;

the Guam Judicial Council; the Board of Directors of the Jose D. Leon Guerrero Commercial Port; the

Guam Education Board; the Board of Regents of the University of Guam; the Guam Community College

Board of Trustees; the Board of Trustees of the Guam Memorial Hospital Authority; the Board of Directors

of the Guam Visitors Bureau; and the Consolidated Commission on Utilities on behalf of the Guam

Waterworks Authority and the Guam Power Authority, and the Board of Trustees of the Public Defender

Service Corporation, and the Office of the Attorney General with respect to personnel matters within their

respective branches, agencies, public corporations or departments, and by the Director of Administration

as to all other Executive Branch employment.

(b) Such rules shall, to the extent practicable, provide standard conditions for entry into and the other

matters concerning the government service. The personnel rules adopted for the Guam Economic

Development Authority, the Guam Housing Corporation, the Guam Housing and Urban Renewal

Authority, the University of Guam, the Guam Community College, the Antonio B. Won Pat International

Airport Authority, Guam, the Jose D. Leon Guerrero Commercial Port, the Department of Education, the

Guam Memorial Hospital Authority, the Office of the Attorney General, by the Director of Administration

and by the Consolidated Commission on Utilities shall require that all their classified employee appeals,

except academic personnel of the Guam Community College and the University of Guam in conformance

with Title 4 GCA § 4403(h), be heard by the Civil Service Commission (Commission).

(c) [No text]

(1) The personnel rules adopted for the Judicial Branch by the Judicial Council shall require that

the Council hear all classified employee appeals.

(2) Personnel rules governing any other Executive Branch entities shall require that their

classified employee appeals be heard by the Commission.

(3) Rules concerning the Executive Branch shall take effect upon their approval by the Director

of Administration, by Executive Order of I Maga’hågan/Maga’låhen Guåhan and filing with the

Legislative Secretary.

(4) Rules concerning the Judicial Council shall take effect upon adoption by the Judicial Council

of Guam and filing with the Legislative Secretary.

(d) Such rules shall include the following provisions:

(1) that the minimum rate of each pay range shall be the normal rate for initial employment in the

positions and classes assigned thereto; provided, however, that the directors or other department heads

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may, in accordance with § 6205 of this Title, authorize initial employment in a position at a higher

step in the position’s pay range if such action is warranted by recruitment difficulties or by the new

employee’s special or unusual qualifications, including experience;

(2) that no spouse of any director, chief administrator or department head within the government

of Guam may be employed within the department, agency or instrumentality so headed by such

director, chief administrator, department head or other officer;

(3) that overtime for those employees entitled hereto shall be calculated at one and one-half (1½)

times their regular wage;

(4) that employees may work at outside employment not in conflict with their government

service, nor such as would bring the government of Guam or its employees into disrepute, but that any

employee may undertake such employment only if such is not in conflict with that person’s duly

scheduled hours and only with the consent of that person’s department or agency head, which consent

may not be unreasonably withheld; and

(5) that no person shall be required to work overtime, unless the employee has received

certification by the Director that funds for overtime pay as provided in Subsection (3), above, are

available.

(e) Adoption of such rules is subject to the Administrative Adjudication Law.