Guam § 2103 - Resignations from Positions.

§ 2103. Resignations from Positions.

(a) A resignation from any position shall be in writing (Resignation Letter) and directed to the

appointing authority, and shall, by its terms, be effective immediately or on a date certain. If no effective

date is indicated, it shall be effective upon delivery to the appointing authority. Upon receipt by the

appointing authority of any such Resignation Letter, the appointing authority may make the resignation

effective immediately or sooner than the effective date in the Resignation Letter. Such resignation shall be

effective according to its terms unless the appointing authority, at its discretion, makes the resignation

effective immediately or at sometime sooner than the Resignation Letter. If the position involved requires

the advice and consent of I Liheslatura, the appointing authority shall immediately after receipt of the

Resignation Letter forward a copy of such Resignation Letter to the Speaker of I Liheslatura. Once such a

Resignation Letter is delivered to the appointing authority, it may not be later withdrawn by the resigning

person without the consent of the appointing authority. Acceptance of such resignation by the appointing

authority is not required for the resignation to become effective.

(b) When, as to positions requiring the advice and consent of I Liheslatura, the appointing authority

and the appointee following delivery of a Resignation Letter to the appointing authority, jointly decide to

withdraw the resignation after its submittal, the appointing authority shall within five (5) calendar days

submit the name of the appointee to I Liheslatura for a new confirmation process as a new appointee.

(c) A Resignation Letter by any officer or employee of the government of Guam, its agencies and

instrumentalities, which is directed to I Maga’håga/Maga’låhi or directed to any of the person’s supervisors

shall be treated as a non-revocable resignation as if it had been directed to an appointing authority.

(d) In the case of appointments awaiting action by I Liheslatura for confirmation, either the appointing

authority or the appointee may unilaterally request the Speaker of I Liheslatura to withdraw the nomination

of the appointee, which withdrawal shall be effective immediately. Such a withdrawal of nomination shall

have the effect of terminating any acting appointments for the position in question which the appointee may

hold.

(e) In the case of resignations by elected officials, every elected official except I

Maga’håga/Maga’låhi and a senator, may submit a Resignation Letter to I Maga’håga/Maga’låhi. I

Maga’håga/Maga’låhi may submit a Resignation Letter to the Speaker of I Liheslatura, and a senator may

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submit a Resignation Letter to either I Maga’håga/Maga’låhi or the Speaker. A judge or justice shall submit

a Resignation Letter to I Maga’håga/Maga’låhi.