Guam § 4403 - Duties of the Commission.

§ 4403. Duties of the Commission.

The Commission has the following duties, powers and responsibilities:

(a) It shall investigate conditions of government employment as it deems necessary and report its

findings and recommendations to I Maga’håga/Maga’låhi and I Liheslatura annually, and also post

such reports on the Commission’s website;

(b) It shall hear appeals from the adverse actions taken to suspend, demote or dismiss an employee

from the classified service if such right of appeal to the Commission is established in the personnel

rules governing the employee; however, it may not hear any appeal of an action taken to suspend,

demote or dismiss an employee of the government of Guam who has not been hired through the

competitive hiring procedures of the personnel rules of the government of Guam, as such personnel

rules required at the time of the hiring of the employee, nor any unclassified employee;

(c) To hear appeals of furloughs, lay-offs, grievance complaints, and Equal Employment

Opportunity complaints of an employee from the classified service if such right of appeal to the

Commission is established in the personnel rules governing the employee. The Commission shall adopt

rules and procedures for furlough appeals, lay-off appeals, grievance complaint appeals, and Equal

Employment Opportunity complaint appeals;

(d) The Commission may investigate and set aside and declare null and void any personnel action

of an employee in the classified service if the Commission finds after conducting the necessary

investigation that the personnel action was taken in violation of personnel laws or rules; provided,

however, that this Section shall not be deemed to permit appeals by employees from adverse actions

not covered in Subsection (b) above.

(1) The agency head shall cooperate and assist with the Commission’s investigation.

(2) Prior to declaring any personnel action null and void, the Commission shall provide

written notice of the alleged violation to the agency head.

(A) The agency head shall respond within ten (10) calendar days after receipt of the

notice to the Commission’s proposed action.

(B) All actions taken by the Commission pursuant to this Section shall be taken within

one hundred eighty (180) calendar days after the personnel action or complaint is filed with

the Commission.

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(C) The Civil Service Commission shall submit a copy of its final decision to I

Liheslatura by the next working day.

(3) The Commission shall adopt rules and regulations to effectuate this Section, including

the requirement of a written complaint to initiate any investigation.

(4) The Commission’s decision shall be final but subject to judicial review;

(e) It shall conduct reviews of notices of personnel actions of employees from the classified

service.

(1) All notices of personnel actions regarding the classified service shall be filed with the

Commission within twenty (20) calendar days after their effective date.

(2) Failure to submit the required notices of personnel actions within ten (10) calendar days

after written request by the Commission will immediately result in a ten percent (10%) salary

reduction of the agency head and his deputy until compliance is made.

(3) The Civil Service Commission shall submit a copy of its written request to the agency

head and his deputy for compliance with this Section to I Liheslatura by the next working day;

(f) The jurisdiction of the Commission shall also apply to the adverse action appeals of certified,

technical, and professional personnel of the Guam Power Authority and the Guam Waterworks

Authority; the jurisdiction of the Commission shall apply to all classified personnel of the Guam

Memorial Hospital Authority and the Guam Solid Waste Authority;

(g) The provisions of this Section shall not apply to the Judiciary of Guam or I Liheslaturan

Guåhan in compliance with the doctrine of Separation of Powers, unless such separate Branch opts to

make them applicable by submitting to the jurisdiction of the Commission; and all reference to

classified employees will be deemed to mean classified employees of the Executive Branch, including

agencies and authorities;

(h) The jurisdiction of the Commission shall not extend to academic personnel of the Guam

Community College and the University of Guam, except upon mutual consent by the governing board

of the respective institution and the Commission; nor to any position or person, appeal or proceeding

of whatever kind or description if the position is denominated “unclassified” in this Title, except to the

extent explicitly permitted in this Section; and

(i) The jurisdiction of the Commission shall extend to investigating Public Employee Protection

Act complaints (a.k.a. whistle-blower complaints) pursuant to Title 4, GCA, § 4501 et seq.