Guam § 2103 - Acting Capacity.

§ 2103. Acting Capacity.

(a) No person who shall be appointed to a position which requires advice and consent of I Liheslatura

may serve in an acting capacity as head or director of a department, agency or instrumentality for a period

in excess of ninety (90) days. Any employee so appointed shall have the right to return to the position the

employee held immediately before the appointment to serve in an acting capacity after the ninety (90) day

period is exhausted. The time limitation of this Section may not be circumvented by an interruption in the

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appointment to an acting capacity or by transfer back to the position the employee held immediately before

the appointment for a period of less than three hundred sixty (360) days or by a temporary transfer to any

other position for a period of less than three hundred sixty (360) days.

(b) Extended Absence Due to Military Deployment.

(1) In the event the legislatively confirmed head or director of a department, agency or

instrumentality is a member of the Department of Defense or the Department of Transportation

Reserve Component, including, but not limited to, the United States Navy, Army, Marine Corps, Air

Force, the Coast Guard, or the Guam National Guard, and the individual’s Unit of Assignment receives

a Unit call to active military duty for a period in excess of ninety (90) days, the appointing authority

may appoint in an acting capacity a person who meets the qualification requirements for the position

and is a classified employee of the same department, agency or instrumentality, for a period of up to

fourteen (14) months, or the duration of the confirmed director’s active military duty, whichever is

shorter.

(2) Information specified in § 2103.5, Chapter 2, Title 4 GCA shall be transmitted to the Speaker

of I Liheslaturan Guåhan within ten (10) days of making the appointment to serve in an acting

capacity. Said appointment to acting capacity shall become effective five (5) working days from the

date of receipt of the background information by the Speaker.

(3) Any employee so appointed shall have the right to return to the position the employee held

immediately before the appointment to serve in an acting capacity after the time limit is exhausted, or

at the request of the employee.

(4) The time limitation of this Section may not be circumvented by an interruption in the

appointment to an acting capacity or by transfer back to the position the employee held immediately

before the appointment for a period of less than three hundred sixty (360) days or by a temporary

transfer to any other position for a period of less than three hundred sixty (360) days.

(5) The compensation of the employee shall not be made to suffer as a result of the appointment

to acting capacity, but instead shall be maintained at the average of the preceding twelve (12) months

earnings.

(c) Notification of Acting Director or Acting Deputy Director Appointments.

(1) An appointing authority, as defined in § 2103.4 of this Chapter, shall issue written

notifications regarding any appointments or detail to the positions of Acting Director or Acting Deputy

Director. These notifications shall be delivered to the Speaker of I Liheslaturan Guåhan, the Attorney

General of Guam, and the Office of Public Accountability.

(2) The notice shall be sent within twenty-four (24) hours of the appointment date and should

include the appointed individual’s name, the start date of their acting tenure, and the anticipated

duration of their appointment.

(3) Notifications shall be transmitted electronically, or hand delivered with confirmation of

receipt required to ensure proper documentation and compliance with this Section.