Guam § 3127 - Customs and Quarantine Agency.

§ 3127. Customs and Quarantine Agency.

(a) There is hereby established within the government of

Guam, the Customs and Quarantine Agency (the Agency). The

Director of the Agency, who is the head of the Agency, shall be

appointed by I Maga’låhi (the Governor) with the advice and

consent of I Liheslatura (the Legislature), and shall meet the

following qualifications:

(1) have no less than ten (10) years of progressive

experience in a law enforcement agency, including at least

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three (3) years in a senior law enforcement position, or with

equivalent executive management experience in the field of

public administration, business administration, criminal

justice, or law, or a closely related field or discipline;

(2) graduated with a Bachelor’s degree or higher in

criminal justice, public administration, business

administration, law, or a closely related field or discipline

from an accredited institution recognized by the Council for

Higher Education Accreditation (CHEA) or its successors;

(3) have no felony, domestic or family violence

convictions;

(4) have no misdemeanor convictions involving moral

turpitude;

(5) submit to and pass a drug screening test, including,

but not limited to, urinalysis testing, unless the appointee is a

current employee of the government of Guam registered with

the Peace Officer Standards and Training (POST)

Commission as a peace officer occupying a Test-Designated

Position (TDP) pursuant to the Department’s Drug-Free

Workplace Program;

(6) be of good health and good moral character;

(7) submit to psychological testing;

(8) submit to a polygraph examination; and

(9) submit to a thorough investigation of his or her

background and moral character.

(b) Compensation of Director of Customs and Quarantine

Agency.

Notwithstanding any other provision of law, a person

appointed by I Maga’låhen Guåhan and confirmed by I

Liheslaturan Guåhan to be Director of the Customs and

Quarantine Agency, and who at the time of his or her appointment

is an active member of the classified service, shall receive a salary

established by the government of Guam compensation schedule

for heads of agencies, or a salary equivalent to the three (3)-year

average of the annual income earned immediately prior to his/her

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appointment as the Director of the Customs and Quarantine

Agency, whichever is greater. Said three (3)-year average shall be

reviewed annually to determine if mandated pay increases would

have affected the three (3)-year average.

(c) A person who is an active classified employee of the

government of Guam immediately prior to his or her appointment

by I Maga’låhen Guåhan and confirmation by I Liheslaturan

Guåhan to be a Director of the Customs and Quarantine Agency

shall, if not removed for cause, be reinstated to the position he or

she previously held immediately prior to such appointment, or to

an equivalent position, upon expiration of his or her appointment

as Director of the Customs and Quarantine Agency.

(d) The senior ranking classified Customs and Quarantine

Officer within the Agency shall act as the Deputy Director of the

Agency with all the powers of such a deputy but without

additional compensation. The compensation of the Director of the

Agency and of such Director’s personal secretary shall be set by

the Director of Administration.