(a) Any employee in the classified service may file a written complaint with the personnel board alleging a violation of § 4503of this Article, if the employee demonstrates that reasonable communication to his supervisor, appointing authority or member of the Guam Legislature has occurred in regard to the alleged violation.

(1) The personnel board shall cause an investigation to be made of the charges in the complaint.

(2) If the investigation establishes that there is a reasonable basis for the charges, the appointing authority or supervisor shall be given written notice thereof.

(3) Within ten (10) days after he receives such notice, the appointing authority or supervisor may petition the personnel board for a hearing on the matter, and the personnel board shall grant such hearing.

(b) If the personnel board after hearing determines that a violation of § 4503 of this Article has occurred, or if the investigation establishes a reasonable basis for the charges and no hearing is requested, the personnel board shall order the appropriate relief, including, but not limited to,

(1) reinstatement, (2) back pay,
(3) restoration of lost service credit, and expungement of the records of the employee who disclosed information, and, in addition, the personnel board shall order that the employee filing the complaint be reimbursed for any costs incurred in the proceeding. Such reimbursement shall be made out of moneys appropriated to the agency which employs such employee.

(4) The determination by the personnel board under this
Subsection shall be final but subject to judicial review.

(c) It shall be a defense in any disciplinary proceeding against an employee under § 4406 of this Chapter that such proceeding was initiated in violation of § 4503 of this Article and the issue of such violation shall be determined by the personnel board as a part of the disciplinary proceeding.

(d) (1) Whenever the personnel board determines that an appointing authority or supervisor has violated § 4503 of this Article it shall cause an entry to that effect to be made in the supervisor’s personnel records.

(2) In addition, such appointing authority or supervisor shall be subject to a fine of no less than Five Hundred Dollars ($500.00) and no more than One Thousand Dollars ($1,000.00), to be determined by the personnel board. Government funds shall not be used to pay such fine.

2018 NOTE: Subitem designations added pursuant to authority granted by
1 Guam Code Ann. § 1606.