17 Guam Code Ann. § 51104
Terms Used In 17 Guam Code Ann. § 51104
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
(b) No public official, Guam agency or any other person authorized by law to appoint peace officers on Guam shall appoint any person as a peace officer who does not meet the following qualifications. The person shall:
(1) be a United States citizen or a resident who is legally authorized to work within the United States and its territories;
(2) be at least eighteen (18) years of age;
(3) be fingerprinted; local and national fingerprint files shall be searched to determine if the applicant has a criminal record;
(4) not have been convicted in any civilian or military court of a felony, a crime involving moral turpitude, a crime of domestic or family violence, regardless of whether he has been pardoned or commuted by I Maga’lahen Guåhan regarding such conviction;
(5) hold a high school diploma or evidence of an equivalent achievement;
(6) have good moral character as determined by a background investigation; the hiring agency shall complete a background investigation defined by the Commission of any applicant for employment as a peace officer before the applicant may be employed or begin training as a peace officer;
(7) be free of any physical, emotional or mental conditions which might adversely affect his performance of duty as a peace officer; physical condition shall be evaluated by a person licensed to practice medicine; emotional and mental conditions shall be evaluated by a licensed psychologist or psychiatrist; and
(8) pass an oral interview examination by the hiring agency.
(c) Notwithstanding any general, specific or local law or charter to the contrary, no person shall receive an original appointment on a permanent basis or hold an appointment on a permanent basis as a peace officer, unless the person has been awarded a certificate by the Executive Director attesting to his satisfactory completion of an approved peace officer basic training program.
(d) Notwithstanding Subsection (c) of this Section, the Commission may waive the basic peace officer training program by reciprocity or equivalency pursuant to Subsections 51102 (h)(8), (9), or (10) and certify applicants passing a written examination established by the Commission or an oral interview attesting to the applicant’s ability in law enforcement. The applicant shall demonstrate that he satisfactorily completed a basic peace officer training program which, in the Commission’s opinion, is comparable to that required by this Section.(e) Notwithstanding any other law or Civil Service requirements, a person who is convicted of a felony, a crime involving moral turpitude, or a crime of domestic or family violence after his appointment as a peace officer is ineligible for continued employment as a peace officer.
(1) If the person has been certified under this Section, his certification shall be automatically revoked on the date of his conviction.
(2) The Executive Director shall notify the person and the person’s employing agency upon revocation of certification under this Subsection.
(f) In the case of termination of a peace officer, the employing agency shall notify the Commission and the officer, in writing, of the termination setting forth in details the facts and reasons for the termination.
(1) If the officer is terminated for failure to comply with this Act, or rules promulgated under it, the notice shall so specify.
(2) Any officer who has been terminated may present a written statement to the Commission responding to the claims made against him or setting forth the facts and reasons for the termination as he believes them to be, and that statement shall become a permanent part of the file.
(3) A potential employer may contact the Commission to inquire as to the facts and reasons an officer was terminated from any previous employing agency.
(4) Unless otherwise prohibited by law, the Commission shall, upon request, provide to the potential employer all pertinent information which is in its possession.
2018 NOTE: Subsection/subitem designations altered/added pursuant to the authority of 1 Guam Code Ann. § 1606.