Guam § 2103 - Time Limits on Acting Capacity for Positions Requiring Legislative Approval.

§ 2103. Time Limits on Acting Capacity for Positions Requiring Legislative Approval.

(a) I Maga’hågan/Maga’låhen Guåhan or appointing authority may, by separate appointment, appoint

a person in an acting capacity to fill a salaried position which requires the advice and consent of I

Liheslaturan Guåhan. No person may serve in such an acting capacity for a period in excess of ninety (90)

days, provided, that no acting director who is not otherwise a classified employee of the government of

Guam may serve in the capacity of acting director without the transmittal of such person’s name to I

Liheslaturan Guåhan for the purpose of confirmation within fifteen (15) days of their appointment as acting

director. This Section does not apply to appointments to classified positions, but does apply to classified

employees appointed in an acting capacity to a position requiring the advice and consent of I Liheslaturan

Guåhan.

(b) In the event of that person’s rejection, a candidate’s nomination may be resubmitted by the

appointing authority to fill the same position, but the candidate may not function in an acting capacity for

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that position following such rejection, and may assume the position only when confirmed by I Liheslaturan

Guåhan.

(c) No funds appropriated by law may be expended to pay a salary or any personnel benefits of any

kind, or to pay someone on payroll or contract who serves in an acting capacity in a position to which that

person was appointed by I Maga’hågan/Maga’låhen Guåhan and subsequently denied confirmation by I

Liheslaturan Guåhan, for a period of three (3) years following rejection of that person’s appointment by I

Liheslaturan Guåhan.

(d) No person shall serve in an acting capacity on any board or commission requiring legislative advice

and consent. Failure to comply with this Subsection shall render the actions of a defective appointee null

and void.

(e) An appointed board or commission member may continue to serve for ninety (90) calendar plus

three (3) legislative days in that person’s position after that person’s term has expired in an acting holdover

capacity until that person, or another person, is appointed by I Maga’hågan/Maga’låhen Guåhan and

confirmed by I Liheslaturan Guåhan.

(f) The ninety (90) calendar day plus the three (3) legislative day limitation period for serving in an

acting capacity shall not be tolled because another person is serving in a temporary acting capacity during

the nominee’s absence, nor shall it be tolled by the appointment of some other person to temporarily fill the

position in an acting capacity.