Guam § 16112 - Personnel Rules: Academic Personnel.

§ 16112. Personnel Rules: Academic Personnel.

(a) Rules and regulations governing selection, compensation, promotion, performance evaluation,

disciplinary action and other terms and conditions of employment affecting academic personnel, and

professional, technical, federal, and externally funded (PTFEF) personnel, shall be adopted by the Board

of Regents.

(1) Such rules and regulations shall provide for the employment and retention of persons on the

basis of merit, and shall include an orderly and systematic method of recruitment and the establishment

of a list of qualified applicants for employment purposes.

(2) Academic personnel are defined as faculty and administrators. For the purposes of this

Section, an administrator is defined as one who holds any of the following positions: President or Vice-

President, Assistant or Associate to the President or Vice-President, Dean, Associate or Assistant

Dean, Director, Associate or Assistant Director, provided, however, that nothing in this Chapter shall

be construed as preventing the Board of Regents from establishing other administrator positions or

abolishing any of the existing positions indicated herein and further provided, however, that nothing

in this Section nor in any other section of this Chapter involving the outlay of public funds shall

become effective unless funds therefor shall have been provided in the University’s annual budget.

(3) The term administrator does not include positions within the purview of the Director of

Administration under Chapter 6 of Title 4, Guam Code Annotated, or other applicable laws.

(b) Professional, technical, federal, and externally funded (PTFEF) personnel are defined as

professional and technical positions that are not management positions but require significant training and

education, including four (4) year degrees or other professional designations or specialized skills and federal

grant and externally funded limited-term personnel that perform specified functions and possess unique

skills necessary to carry out a designated scope of work. Nothing in this Chapter shall constrain the Board

of Regents from adding to or subtracting from the number of professional, technical, federal and externally

funded positions at the University subject to the same funding constraints as academic personnel positions

described in this Section.

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(c) Faculty shall have the right to form, join, assist and participate in the management of employee

organizations of their choice and to act as organization representative or to refrain from any such activity,

without interference, restraint, coercion or discrimination and without fear of penalty or reprisal; provided

that, employees shall not participate in the management of an organization or act as an organization

representative, where such activity would result in a conflict of interest or otherwise be incompatible with

law or with the employee’s official duties.

(d) Within ninety (90) business days of the effective date of this Act, the Board of Regents, in

cooperative consultation with the recognized bargaining agent, shall develop and adopt reasonable rules for

the settlement of collective bargaining disputes, including access to impartial mediation and arbitration.