4 Guam Code Ann. § 6303
Terms Used In 4 Guam Code Ann. § 6303
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- 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.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(1) The Administrator of the Courts shall submit to the Judicial Council the position descriptions for the positions within thirty (30) calendar days after creation and post the position descriptions on the Judiciary website.
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(2) The positions shall be terminated unless approved by the Judicial Council within ninety (90) days after submission.
(3) No newly created position shall be filled in the absence of appropriations to pay the salary of the proposed position.
(b) This Section shall not apply to positions required by law to be filled by persons confirmed by I Liheslaturan Guåhan.
(c) (1) The petition of the head (Department Head) of a line agency or department to create a position shall include:
(A) the justification for the new position;
(B) the essential details concerning the creation of the position;
(C) an analysis of the similarities and differences between the position to be created and positions listed pursuant to 4 Guam Code Ann. § 4101.1(d);
(D) the position description;
(E) the proposed pay range and demonstration of compliance with § 6301 of this Title;
(F) a fiscal note as that term is described in 2 Guam Code Ann. § 9101 et seq.; and any other pertinent information.
(2) The Department Head and the Director of Administration shall post the petition on their respective websites for ten (10) days (Saturdays, Sundays and government of Guam holidays excepted). After the posting, the Director of Administration shall forward the petition with his recommendation to I Maga’lahi who, if he approves the same, shall so indicate and file it for record with the Director of Administration and the Legislative Secretary.
(3) No new position may be filled until after compliance with the provisions of 4 Guam Code Ann. § 6303.1 and this Section and thirty (30) days have elapsed from the date of filing with the Legislative Secretary.
(d) Creation of Positions in the Autonomous Agencies and
Public Corporations.
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(1) The petition of the head of an agency, department or public corporation listed in § 4105(a) of this Title to create a position shall include:
(A) the justification for the new position;
(B) the essential details concerning the creation of the position;
(C) an analysis of the similarities and differences between the position to be created and positions listed pursuant to 4 Guam Code Ann. § 4101.1(d);
(D) the position description;
(E) the proposed pay range and demonstration of compliance with § 6301 of this Title;
(F) a fiscal note as that term is described in 2 Guam Code Ann.
§ 9101 et seq.; and any other pertinent information.
(2) The petition shall be posted on the agency, department or public corporation’s website for ten (10) days (Saturdays, Sundays and government of Guam holidays excepted). After the posting, the head shall forward the petition, along with evidence of his compliance with 4 Guam Code Ann.
§ 6303.1(a), to the governing board or commission who, if they approve the same, shall approve the petition by
resolution and file the petition and resolution for record with
the Director of Administration and the Legislative Secretary.
(3) No new position may be filled until after compliance with the provisions of this Section and thirty (30) days have elapsed from the date of filing with the Legislative Secretary.
(e) (1) If a position created pursuant to § 6303 is amended in pay range, position description, or qualifications, the amendment shall be subject to a petition of the head of a line agency, department, autonomous agency, or public corporation (or, in the case of the Judiciary, the Administrator of the Courts) listed in 4 Guam Code Ann. § 4105(a). Said petition shall include:
(A) the justification for the amendment of the position;
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(B) the essential details concerning the amendment of the position;
(C) the amended pay range and position description; and
(D) any other pertinent information.
(2) The petition for the amendment shall be posted on the line agency, department, autonomous agency, or public corporation’s website (or, in the case of the Judiciary, the Judiciary’s website) for ten (10) days (Saturdays, Sundays, and government of Guam holidays excepted), and must comply with § 6303.1(a) of this Article.
(A) The Judiciary.
(i) The Administrator of the Courts shall submit to the Judicial Council the petition, who, if it approves the petition, shall do so by resolution.
(ii) The Judicial Council shall file the approved petition and resolution for record with the Legislative Secretary.
(B) Line Agencies and Departments.
(i) The petition of the head of a line agency or department (department head) and the Director of Administration shall post the petition on their respective websites for ten (10) days (Saturdays, Sundays ,and government of Guam holidays excepted).
(ii) After the posting, the Director of Administration shall forward the petition with his recommendation to I Maga’låhi who, if he approves the same, shall so indicate and file it for record with the Director of Administration and the Legislative Secretary.
(C) Autonomous Agencies and Public Corporations. The head of an autonomous agency or public corporation shall forward the petition, along with evidence of his compliance with § 6303.1(a), to the
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governing board or commission, who, if it approves the same, shall approve the petition by resolution and file the petition and resolution for record with the Director of Administration and the Legislative Secretary.
(3) No amended position may be filled until after compliance with the provisions of this Section, and one hundred eighty (180) days have elapsed from the date of filing with the Legislative Secretary.
(4) If a position’s qualifications were amended and the position must be filled prior to the one hundred eighty (180) day period, the last approved position qualification shall be used for selection. No penalty shall be applied to any applicant who does not meet requirements from an amended position description that did not complete the one hundred eighty (180) day period.
SOURCE: GC § 4114. Repealed and reenacted by P.L. 21-059:7. Amended by P.L. 22-144:5 (12/27/94), P.L. 24-327:16, P.L. 28-068:IV:45 (Sept. 30, 2005). Subsection (a) amended by P.L. 28-112:7 (April 14,
2006). Subsections (c) added by P.L. 28-112:8 (April 14, 2006).
Subsection (d) added by P.L. 28-112:9 (April 14, 2006). Subsection (e)
added by P.L. 34-131:2 (Oct. 17, 2018).
2023 NOTE: As enacted by P.L. 28-112:9, subsection (d)(2) contained an erroneous reference to 5 Guam Code Ann. § 6301.1, which was then included in past publications of the GCA. This manifest error was corrected pursuant to authority granted by 1 Guam Code Ann. § 1606.
2018 NOTE: Subsection designations have been added/altered pursuant to authority granted by 1 Guam Code Ann. § 1606.