Section 1. Title. This Act shall be known and may be cited as the "Personnel Law". Section 2. General. The employment and promotion of persons in the service of the Government of Guam shall be upon the basis of merit and fitness. Positions in the classified service as defined in section 3 of this Act shall be filled as far as practicable by competitive selection methods. Preference in filling positions and all appointments in the Government of Guam shall be in accordance with Section 9 (a) of Public Law 630, 81st Congress, otherwise referred to as the Organic Act of Guam. Section 3. Classified and Unclassified Services. All offices and employments in the Government of Guam shall be divided into classified and unclassified services as follows: 1. (a) The unclassified services shall include the positions of: Members of the Legislature and other elective officials. 2. Judges and jurors. 3. 4. 5. 6. 7. 8. Personnel specifically exempted by the Organic Act of Heads of executive agencies and instrumentalities appoint- The Chief Commissioner, Municipal Commissioners and As- All offices and employments in the Government of Guam whose appointments are required to be confirmed by the Guam Legislature. (b) The classified service shall include all other positions in the Government of Guam. Section 4. Personnel Board. The Governor is authorized to appoint, by and with the advice and consent of the Guam Legislature, a Personnel Board consisting of three members whose terms of office shall be three years, except, of the three members first appointed, one shall be appointed for a term of one year, one for a term of two years and one for a term of three years. The terms of office of the first members so appointed shall be dated from January 1, 1951. Vacancies occurring in the membership of the Board prior to the expiration of a term shall be filled by the Governor, by and with the advice and consent of the Guam Legislature, for the unexpired portion of the term. Members shall not be employees of the Government of Guam nor hold any elective office during their term on said Personnel Board and they shall serve without compensation except that they may be reimbursed for necessary travel expenses. The Governor shall designate one of the members of the Board as Chairman and the Board shall meet not less frequently than bi-monthly. Section 5. Duties of the Personnel Board. In addition to the duties elsewhere prescribed in this Act, or in the rules adopted thereunder, the Personnel Board shall: 1. (a) Aid the Governor, as he may request, in preparing suitable rules for carrying out this Act, and when said rules shall have been promulgated it shall be the duty of all officers of the Government of Guam in the departments and offices to which any such rules may relate to comply with said rules, and any modification thereof. (b) Among other things, said rules shall provide and declare as nearly as the conditions of good administration will warrant, as follows: (1) The competitive selection methods to be followed in filling any future vacancy in the Government of Guam. (2) That there shall be a period of probation before any absolute appointment or employment can be made. (3) (4) That no person in the public service is for that reason 2. The Board shall have power and authority to make such inquiries and investigations into the personnel administration in the classified service as it may deem desirable. 3. The Board shall make annual report to the Governor for transmission to the Legislature, showing its own action, the rules and regulations and the exceptions thereto in force, the practical effects thereof, and any suggestions it may approve for the more effectual accomplishment of the purposes of this act. 4. Members of the Personnel Board shall have the power to administer oaths to witnesses in any matter pending before said board. Section 6. Personnel Director. The Governor is authorized to appoint, with the advice and consent of the Guam Legislature, a Personnel Director. The Governor may in his discretion combine the duties of Personnel Director, with those of other offices or employments in the Government service. The Personnel Director shall be a person experienced in progressive methods of personnel management. Section 7. Duties of the Personnel Director: In addition to those duties assigned elsewhere in this Act or in the rules adopted thereunder, it shall be the duty of the Personnel Director: (a) To direct the administration of a progressive program of personnel administration in the classified service in accordance with the Personnel rules and amendments thereto. (b) To prepare annual and such other reports and to perform such other acts as may be necessary or desirable in the interest of sound personnel administration in the classified service. (c) To serve ex-officio, as Secretary to the Personnel Board. Section 8. Personnel Rules. The Personnel Director shall prepare for the Board personnel rules and, as necessary, amendments thereto. Such rules shall extend to recruitment, selection, promotion, probationary service, in-service training, hours of work, overtime compensation, allow ances of leave without pay, performance, evaluation, demotions, suspensions, dismissals and other disciplinary actions, and such other matters as are essential to the administration, of a merit system of personnel administration, including the status of employees in the classified service on the effective date of this Act. The Personnel Board shall submit proposed personnel rules and amendments thereto to the Governor for his consideration. The personnel rules and amendments thereto shall become effective upon approval of the Governor. In respect to recruitment and selection, the rules may provide for selection methods involving the use of oral or written examination, evaluation of training and experience, performance tests, test of physical fitness, character investigation, or any combination of these and with the respect to unskilled laboring and custodial positions, the rules may provide for selection upon the basis of test of physical fitness and the order in which application for employment are received. The personnel rules may provide selection methods appropriate to the recruitment of teachers, technicians, and specialists from outside of Guam. The personnel rules may provide for recognition of the competitive selection procedures of personnel agencies of the federal, states, and local governments within the United States and of the territories of the United States. Section 9. Classification and Pay Plan. The Personnel Director shall develop, maintain and keep current a position classification plan for all positions in the classified service on the basis of the actual duties, responsibilities and qualification requirements of those positions not in conflict with Division 2 of the Compensation Law, and in connection therewith the Personnel Director shall have authority to allocate and reallocate positions to classes, as provided for in Section 9 of Division 1 of the Compensation Law. The Personnel Director shall study prevailing rates of pay for private and other public employment in the territory of Guam and elsewhere as desirable, living costs, and recruitment needs, and on the basis of such studies shall submit at least annually through the Personnel Board to the Governor for recommendation to the Legislature a report setting forth such change in the Compensation Law as may be desirable. Section 10. No person habitually using intoxicating beverages to excess shall be appointed to, or retained in, any office, appointment, or employment under the Government of Guam. Section 11. Whenever there are already two or more members of an immediate famliy in the public service under the same department of any branch of the Government of Guam, to which this Act is applicable, no other member of such family shall be eligible to appointment to any such department. Section 12. No person in the classified service of the Government of Guam shall be removed therefrom except for such cause as will promote the efficiency of said service and for reasons given in writing, and the person whose removal is sought shall have notice of the same and of any charges preferred against him, and be furnished with a copy thereof, and also be allowed a reasonable time for personally answering the same in writing and affidavits in support thereof. Section 13. The right of persons employed in the public service of the Government of Guam, either individually or collectively, to petition to the Legislature, or to any committee or member thereof, shall not be denied or interfered with. Section 14. Appeals. In the event of the dismissal, demotion, fine or suspension of any permanent employee in the classified service, the appointing authority shall, no later than the working day next following the effective date of the action, report such action to the Personnel Director with a statement of the reasons for the action, and the appointing authority shall immediately give to the dismissed employee a statement of the reason for the action. Within fifteen calendar days after receipt of such statement of action the dismissed employee may appeal to the Personnel Board. Within forty-five calendar days of the receipt of the appeal, the Personnel Board shall conduct a hearing, without regard for the formal rules of evidence, and such other inquiries and investigations as it deems appropriate. At any such hearing the dismissed employee shall be entitled to be present, and to testify in his own behalf. If the Personnel Board finds in favor of the employee, its decision shall be final. If the Board finds against the employee, the employee shall have the right of further appeal to the Governor whose decision shall be final. Section 15. Prohibitions. (a) Preferences, conditions, and prohibitions concerning employment in the Government service shall conform with the provisions of the Organic Act of Guam. No person shall be discriminated against in connection with any of the processes provided for by this Act or in the rules adopted thereunder because of race, color, political opinions or religious opinions or affiliations. (b) Any person who uses or attempts to use political influence or promises any advantage in connection with the selection or promotion of any employee in the classified service; or while in the classified service solicits contributions for political purposes; or solicits during office hours or at any time makes demands upon employees in the classified service for such contributions shall be guilty of a misdemeanor. (c) Any person who willfully makes any false or misleading statement in order to secure employment, advancement, or other benefits under this Act or the rules adopted thereunder shall be guilty of a misdemeanor. (d) No person who advocates, or who aids or belongs to any party, organization, or association which advocates the overthrow by force or violence of the Government of Guam or of the United States shall be qualified to hold a position under the Government of Guam. (e) No official or employee of the Government of Guam shall conduct or engage in any business or trade which, in its best judgment, the Personnel Board may find prejudicial to the best interest of the public. Section 16. Penalties. Any violation of the provisions of this Act or of the rules adopted thereunder is declared to be a misdemeanor and is punishable by a fine not exceeding $500.00 or by imprisonment not exceeding six months, or by both such fine and imprisonment. Section 17. Separability of Provisions. If any provision of this Act is declared to be invalid such decision shall not affect the validity of the remaining provisions. Section 18. Effective date. This Act shall become effective upon approval by the Governor. Approved May 7, 1951. [Public Law 9 - First Guam Legislature] AN ACT Amending section 634 of Chapter I of Title XV of Part I of the Penal Code of Guam relating to using explosives or poisonous substances in the taking of fish. Be it enacted by the People of the Territory of Guam: Section 1. Section 634 of Chapter I of Title XV of Part I of the Penal Code of Guam is hereby amended to read as follows: "It is prohibited to use any explosive substance or any poisonous substance, including the use of 'putting,' 'chlorox' and similar substance, in any of the waters in or about this Island for the purpose of taking fish. Any person violating this provision shall be punished by a fine of not less than fifty ($50.00) dollars nor more than five hundred ($500.00) dollars, or by imprisonment for not more than sixty days or by both such fine and imprisonment and for the second and subsequent convictions hereafter obtained under this Section the penalty therefor shall be imprisonment for a term not less than six (6) months and not more than two years." Section 2. This is an urgency measure and shall become effective upon its approval by the Governor. Approved May 9, 1951. [Public Law 10 First Guam Legislature] AN ACT To create a Recreation Commission for the Island of Guam and to prescribe the duties and powers of such commission. Be it enacted by the People of the Territory of Guam: Section 1. There is hereby established within the Government of Guam an agency thereof to be known as the "Recreation Commission of Guam," with the functions, powers and responsibilities provided in this act, and any amendments thereof. Section 2. All of the functions of the Recreation Commission of Guam shall be exercised by and under the direction of a five (5) member board which board shall constitute said commission. Section 3. The members of the said board shall serve without compensation, be appointed by the Governor of Guam with the concurrence of the Legislature, and shall be so selected that the board shall be truly representative of various groups within the Island. The Chairman of said board shall be elected by the members from among the membership of the Commission. |