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Terms Used In 4 Guam Code Ann. § 4120

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
(a) Extended Hours. Except for those agencies which observe public service necessity service hours as defined in Items 2 & 3 of Subsection (g) of this Section, all line agencies, departments, autonomous entities and instrumentalities and public corporations of the government of Guam, including the Superior Court of Guam not excluded by paragraphs (e) and (f) of this Section shall commence their regular work day at 7:00 a.m. and conclude at
6:00 p.m. Mondays through Fridays, excluding holidays.

Extending the work week to Saturdays and Sundays shall be permitted at the discretion of the director of each agency.

(b) Scheduling options. Directors of each agency shall develop a schedule of working hours for all employees within such agency which shall include but not be limited to staggered hours, flexible working hours and, at the director’s discretion, Saturday working hours. The director shall consider specific employee requests relative to work schedules whenever possible. The total number of hours worked per week for each employee shall not be changed by such new schedules of working hours.

(c) Open to public. Except as otherwise provided in this section, directors shall ensure that all services normally provided to the public are available during all working hours.

(d) Overtime not allowed. Overtime is not authorized to achieve the implementation or execution of the provisions of this section.

(e) Optional exclusions. A director shall have the option to exclude his agency or a division of such agency from the provisions of this section if such agency or division meets one (1) or more of the following conditions:

(1) It has less than ten (10) employees;

(2) It has no direct contact with the public;

(3) Its director determines that implementation of such work schedules would cause hardships and decrease the ability of such agency’s or division’s employees to perform their duties.

(f) Other exclusions. Agencies or divisions of agencies which currently provide services to the public on a twenty four (24) hour-per-day basis, on an on-call basis, or during work schedules differing from the standard workweek of 8 a.m. to 5 p.m. Monday through Friday excluding holidays, are excluded from the provisions of this section.

(g) Definitions. For the purposes of this section:

(1) director means the executive head of an agency;
division means any section, program or administrative unit
of an agency; and agency means an agency or department of the executive branch of the government, or an autonomous instrumentality of the government of Guam, or a public corporation, or the Superior Court of Guam;

(2) public service necessity agencies means agencies or components of agencies which operate between the hours of
7:00 a.m. – 8:00 p.m., Monday through Friday, and which provide access to public service necessity activities during
these operating hours. Public service necessity agencies include, but are not limited to, traffic court, components of
the Superior Court dealing with court clearances, and components of the Treasurer of Guam, Division of Motor Vehicles, Department of Revenue and Taxation, Guam
Power Authority, Guam Waterworks Authority, Department of Public Works and community healthcare centers that
provide counter or window services. Directors may employ staggered hours, flexible working hours, or split shifts to adequately provide public access to public service necessity
activities;

(3) public service necessity activities means activities mostly engaged in by the public at times outside extended government office hours involving counter or window services, which are services provided at spaces designated for customer service assistance to the public, and which generally involve details of payment, forms and applications, certificates, and access to general information, e.g. utility payments, vehicle registrations, license requirements, and filing tax returns.

SOURCE: Added by P.L. 22-091:2. Subsections (a) and (g) amended by P.L. 28-150:V:53 and :54 (Sept. 30, 1996), with amendments effective March 1, 2007.

NOTE: Section 4119 has already been added to Title 4 under P.L. 22-054;
§ 4120 replaces § 4119 under P.L. 22-091. Amended by Compiler in order to reflect correct citation.