All offices and employment in the Government of Guam, except for employment as academic personnel of the Guam Community College (GCC) and the University of Guam (UOG), as the term academic personnel is defined in enabling laws of GCC and UOG, shall be divided into classified and unclassified services as follows:

(a) The unclassified service shall include the positions
of:

(1) elective officials; (2) judges;
(3) Superior Court marshal, chief clerk, chief probation officer and court administrator of the Superior Court;

(4) heads of agencies and instrumentalities and not more than one (1) secretary for each such officer;

(5) The first assistant, by whatever title denominated, to the heads of agencies and instrumentalities stated in paragraph (4) of this Subsection;
(6) persons employed on a temporary basis; (7) members of boards and commission;
(8) executive director of the Commissioner’s
Council;

(9) all offices and employment in the Executive Branch whose appointment are required to be confirmed by the Guam Legislature;

(10) all offices and employment made, by law, to be at the pleasure of any board, commission or officer;

(11) all legislative employees;
(12) members of the Guam Gaming Commission; (13) physicians and health care administrators em-
ployed at the Guam Memorial Hospital Authority;

(14) With the exception of civilian non-uniformed positions, all positions in the Department of Military Affairs, including the Executive Secretary and Executive Services Coordinator.

(15) employees of the office of the Governor and Lieutenant Governor including off-island offices and Government House, as authorized in the applicable appropriation law.

(16) Property Management Officer at the
Department of Corrections.

(17) persons employed on a seasonal basis.

(18) not more than one (1) Special Assistant each to the Attorney General of Guam and the Public Auditor.

(19) University of Guam student employees.

(b) The classified service shall include all other positions in the government of Guam.

(c) Notwithstanding any law or rule to the contrary, employment as academic personnel of the Guam Community College and the University of Guam shall be governed by rules adopted by the Board of Trustees and the Board of Regents, respectively, in order to provide academic freedom
and autonomy to the institutions, as intended by P.L. 14-77 as to GCC, and P.L. 19-40 as to UOG.

(d) Notwithstanding any other provision of law there shall be no other personnel classifications in the government of Guam, other than the classified and unclassified services as set forth in this Section. The Director of Administration shall not create any unclassified positions. The Civil Service Commission shall hear no appeal regarding the creation of a new position.

SOURCE: Added by P.L. 16-023 (Aug. 11, 1981). Subsection (a)
amended by P.L. 16-041 (Sept. 28, 1981), amended by P.L. 16-111 (Oct.
7, 1982), P.L. 16-120 (Dec. 17, 1982), and P.L. 17-005 (Apr. 21, 1983); subsection (a)(5) amended by P.L. 18-015:48 (Sept. 28, 1985). Subsection (b) amended by P.L. 17-005 (Apr. 21, 1983); Subsection (a)(16) added by P.L. 20-132:9 (Jan. 24, 1990); subsection (a)(15) repealed and reenacted by P.L. 21-017:3 (May 8, 1991). Entire section was amended by P.L. 23-
026:1(June 6, 1995). Subsection (c) added by P.L. 23-026:2 (June 6, 1995). Subsection (a)(14) amended by P.L. 23-045:IV:21 (Oct. 18, 1995). Subsection (a)(5) amended by P.L. 24-023:2 (May 14, 1997). Subsection
(a)(17) added by P.L. 26-074:4 (Mar. 7, 2002). Subsection (d) added by
P.L. 26-121:5 (Aug. 14, 2002); amended by P.L. 28-068:IV:34 (Sept. 30,
2005), effective Jan. 1, 2006. Subsection (a) (18) added by P.L. 32-222:1 (Dec. 29, 2014). Subsection (19) added by P.L. 35-114:4 (Dec. 11, 2020).