Guam § 51102 - Created; Membership; Compensation; Meetings; Publications of Procedures; Standards

§ 51102. Created; Membership; Compensation; Meetings; Publications of Procedures; Standards

for Certified Training; Powers and Duties.

(a) There is hereby created a Peace Officer Standards and Training Commission (POST).

(1) The Guam Community College (GCC) shall be designated as the State Agency for POST, and

shall provide the administrative and professional services to the Commission.

(2) If necessary, GCC shall provide a budget request, annually, to the Speaker of I Liheslaturan

Guåhan for consideration.

(3) The Commission shall be composed of fifteen (15) members as follows:

(A) the Chief of the Guam Police Department, or his designated representative;

(B) the Chief of the Guam Airport Police, or his designated representative;

(C) the Chief of the Guam Port Authority Police, or his designated representative;

(D) the Attorney General, or his designated representative;

(E) the Director of the Customs and Quarantine Agency, or his designated representative;

(F) the Director of the Department of Corrections, or his designated representative;

(G) the Chief of the Division of Aquatic and Wildlife Resources of the Department of

Agriculture, or his designated representative;

(H) one (1) non-voting representative from the University of Guam (UOG), appointed by

the President;

(I) one (1) non-voting representative from the Guam Community College (GCC), appointed

by the President;

(J) the Chief Marshal of the Unified Guam Judiciary, or his designated representative;

(K) the Chief of the Guam Fire Department, or his designated representative;

(L) the Chief of Probation of the Unified Judiciary, or his designated representative;

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(M) one (1) voting representative from the Department of Administration, the Personnel

Services Division Administrator, appointed by the Director of Administration;

(N) the Director of the Department of Youth Affairs, or his designated representative; and

(O) the Chief of the Aircraft Rescue and Firefighting Unit, or his designated representative.

(b) Members of the Commission shall receive no compensation, but shall be reimbursed under §§

23103 and 23104 of Title 5 of the Guam Code Annotated for travel and per diem expenses incurred in the

performance of their duties. For purposes of compensation, attendance at meetings of the Commission shall

be deemed performance by a member of the duties of his local governmental employment.

(c) The Commission shall hold at least four (4) meetings per year.

(d) The Commission shall establish and publish its procedures.

(e) The Commission shall establish standards for certification of peace officer training.

(f) The Commission shall establish reasonable fees for the application and processing for the

certification of peace officers.

(g) The Commission in coordination with affected agencies shall establish:

(1) requirements and minimum standards for the certification of peace officers;

(2) categories of peace officer certification with respect to the duties and requirements of

respective fields;

(3) minimum qualifications for peace officer training instructors;

(4) minimum training requirements for peace officers;

(5) collaboration with training providers and educational institutions to establish core curriculum

for all designated programs;

(6) categories or classification of advanced in-service training programs and minimum courses of

study and attendance requirements with respect to the categories or classifications; and

(7) a time frame for full compliance with Commission requirements by respective departments

and agencies.

(h) The Commission shall:

(1) visit and inspect peace officer training programs or their components at any appropriate time;

(2) adopt such rules and regulations as it deems proper to fully effectuate and carry out the

purpose of this Article, pursuant to the Administrative Adjudication Law;

(3) prescribe reasonable minimum qualifications relating solely to the physical, mental and moral

fitness of persons recruited, appointed or retained as peace officers by the government of Guam;

(4) deny, suspend, or revoke certification of peace officers for substantial failure to comply with

this Article or the rules of the Commission, pursuant to procedures and policies enacted pursuant to

the Administrative Adjudication Law;

(5) recommend to the respective appointing authorities qualifications of candidates for the offices

of Chief of Police, the Chief Marshal, the Chief Probation Officer, the Director of Corrections, and the

Director of Customs and Quarantine Agency;

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(6) provide management survey and managerial assistance as requested by corrections and law

enforcement agencies;

(7) provide by rule for the reciprocity and recognition of equivalent entry level core basic training

at a training center by law enforcement officers of the federal government, states or territories of the

United States, and, also require such additional training for certification as the Commission deems

necessary;

(8) provide by rule for the reciprocity and recognition of law enforcement officers of the federal

government, states or territories of the United States with five (5) or more years of law enforcement

experience. The Commission may waive the equivalent number of hours of training that an officer

obtained in another jurisdiction and may require such law officer to complete training in Guam law;

(9) provide by rule for temporary certification of peace officers who have previously completed

basic peace officer training but have since left service in good standing, provided that said peace

officers shall satisfy standards and training requirements as set by the Commission;

(10) provide by rule for the temporary certification of peace officers from other jurisdictions who

have completed basic peace officer training and have since left service in good standing, provided that

said peace officers satisfy standards and training requirements as set by the Commission;

(11) establish supervisory, managerial, and executive level standards and certification for the

agencies covered by this Chapter; and

(12) may enter into professional developments with the Guam Community College, the

University of Guam, or another suitable institution;

(13) provide by rule for the temporary certification of peace officers who possess a degree in

criminal justice or equivalent area of study as determined by the Commission, and who are in good

standing, provided that said peace officers satisfy standards and training requirements as set by the

Commission. The Commission shall require applicants to complete any remaining certification

requirements within nine (9) months of temporary certification and may prescribe limited duties for

temporarily certified peace officers during this period. Failure to obtain full certification by the

Commission within nine (9) months of temporary certification shall result in separation from

employment. Employing agencies retain the authority provided in § 51105(c) of this Chapter to

establish qualifications and standards that exceed those set by the Commission, and nothing herein

shall affect the selection of eligible applicants by agency heads or designated hiring authorities for

Category 1, Category 2, or Category 3 peace officer positions. The Commission is further authorized

to establish policies to recoup tuition, fees, and other government-funded expenses in the event an

employee resigns, transfers, or fails to meet any service or repayment requirements.

(i) The Commission shall elect a chairperson and vice-chairperson from among its members every two

(2) years. A non-voting member shall not serve as chairperson or vice chairperson of the Commission.