(a) Law enforcement personnel, employee or position means the following:

(1) All sworn members of the Guam Police Department, including the Chief of Police;

(2) All sworn members of the Guam Fire Department, including the Fire Chief;

(3) All officers of the Department of Corrections including the Director;

(4) All Customs Officers of the Customs and Quarantine
Agency, including the Director;

(5) Employees of the Department of Youth Affairs who are engaged in juvenile detention and rehabilitation, and work rehabilitation work as designated by the Director of the Department of Youth Affairs, including the Director;

(6) All Tax Agents Enforcement Officers of the Department of Revenue and Taxation, the Attorney General, Deputy and Assistant Attorney Generals, and Attorney General Investigators;

(7) All security officers employed by the government of Guam, or performing security work for the government of Guam pursuant to their employer’s contract, including, but not limited

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to, lock-up guards, security for the A. B. Won Pat International Airport Authority, and security for the J.D. Leon Guerrero Commercial Port Authority of Guam.

(8) All Deputy Marshals of the Unified Guam Judiciary, including the Chief;

(9) All Probation Officers and Alternative Sentencing Officers of the Unified Guam Judiciary, including the Chief Probation Officer;

(10) All Territorial Park Patrol Officers of the Department of
Parks and Recreation, including the Superintendent;

(11) All Conservation Officers of the Department of
Agriculture, including the Chief;

(12) All J.D. Leon Guerrero Commercial Port Authority
Police Officers, including the Chief;

(13) All A.B. Won Pat International Airport Authority Police
Officers, including the Chief; and

(14) All Firefighters of the A.B. Won Pat International
Airport Authority, including the Chief.

(b) Drug test means a urinalysis test administered under approved conditions and procedures to detect drugs.

(c) Supervisor means law enforcement personnel assigned to a position having day-to-day responsibility for supervising subordinates, or responsible for commanding a work element.

(d) Reasonable objective basis means an apparent state of facts and/or circumstances found to exist upon inquiry by the supervisor, which would induce a reasonably intelligent and prudent person to suspect the employee was under the influence or using drugs/narcotics; or a reasonable ground for suspicion in the existence of facts or circumstances warranting an order to submit a drug test.

(e) Controlled substance means a drug, substance or immediate precursor in Schedules I through II of 9 Guam Code Ann., Chapter 67, Article 2.

SOURCE: Added by P.L. 19-44:4. Subsection (a) amended by P.L. 31-028:3 (Apr 18,
2011).

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