Guam § 78108 - Authority and Duties.

§ 78108. Authority and Duties.

The Commission shall have the following authority and duties:

(a) to receive complaints of the following alleged misconduct and

actions directed against the Department and any of its employees and

to fully and completely investigate said complaints:

(1) use of excessive or deadly force;

(2) injuries to, or death of, a person while under the custody

of the Guam Police Department;

(3) discrimination in the provision of police services, or

other discriminatory conduct, on the basis of sex, race, color,

ethnicity, creed, religion, national origin, sex, sexual preference,

disability or age and other violations of civil rights;

(4) theft;

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(5) any other crime or misconduct which constitutes a

felony or felonies under the laws applicable to Guam; and

(6) any other crime or misconduct involving more than one

(1) employee.

(b) to make such guidelines and recommendations, including

disciplinary actions for those employees found to be in violation of any

laws or standards of conduct or guilty of a misconduct, and give such

advice without limitation, including disciplinary and other action

relating to departmental policies and procedures, as the Commission in

its discretion deems advisable;

(c) to ensure that investigation of all complaints filed with the

Commission shall begin immediately after complaints are filed and

proceed as expeditiously as possible in an impartial manner; that

regular annual reports relating to the number, kind and status of all

such complaints shall be made by the Commission to the Chief of

Police and to I Liheslaturan Guåhan;

(d) to review all cases reported to the Department under § 77133

of this Title, and to conduct further independent investigation as it

determines in accordance with the rules and regulations adopted and

promulgated as authorized in this Chapter;

(e) review all records and other information submitted to it from

any source and initiate its own independent investigation or enter into

a contract for services with an Independent Special Attorney and/or an

Independent Special Investigator who shall be a civilian (‘Civilian’ for

the purpose of this Section, is a person who is not now, and has not

been, a sworn officer or an employee of the Department within the last

five (5) years of the contract of services as an Independent Special

Attorney or an Independent Special Investigator, and shall not have

been an employee of the Department of Law within the last two (2)

years of the contract of services as an Independent Special Attorney or

an Independent Special Investigator. An Independent Special Attorney

shall be an active member of the Guam Bar Association. An

Independent Special Investigator shall have prior experience or

training as an investigator.);

(f) adopt and promulgate rules and regulations, pursuant to the

Administrative Adjudication Law, and subject to legislative approval,

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governing its operations, including the duties of its officers, the filing

of complaints, conduct of hearings and procedures for its own

activities and investigations, and a process for determining which cases

it will review (The Commission shall consult with the Chief of Police

in developing these rules.);

(g) to recommend procedures, programs and legislation to the

Department and to I Liheslaturan Guåhan, to:

(1) advance and improve the relations between the

Department and the community;

(2) enhance cooperation by the community;

(3) increase public trust and confidence in the Department;

and

(4) encourage and ensure equal protection all citizens under

the laws of Guam; and

(h) to advise, consult and cooperate with other agencies of the

government of Guam; the Federal Government and interested persons

or groups.

Nothing herein shall prohibit the Chief of Police or the Police

Commander from investigating the conduct of an employee under his or her

command, or taking disciplinary or corrective action, otherwise permitted

by Chapter 77 of this Title, when such is warranted; and nothing herein

shall limit or otherwise restrict the disciplinary powers vested in the Chief

of Police by Chapter 77 of this Title.