(a) to receive complaints of the following alleged misconduct and actions directed against the Department and any of its employees and to fully and completely investigate said complaints:

(1) use of excessive or deadly force;

(2) injuries to, or death of, a person while under the custody of the Guam Police Department;

(3) discrimination in the provision of police services, or other discriminatory conduct, on the basis of sex, race, color, ethnicity, creed, religion, national origin, sex, sexual preference, disability or age and other violations of civil rights;

(4) theft;

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(5) any other crime or misconduct which constitutes a felony or felonies under the laws applicable to Guam; and

(6) any other crime or misconduct involving more than one
(1) employee.

(b) to make such guidelines and recommendations, including disciplinary actions for those employees found to be in violation of any laws or standards of conduct or guilty of a misconduct, and give such advice without limitation, including disciplinary and other action relating to departmental policies and procedures, as the Commission in its discretion deems advisable;

(c) to ensure that investigation of all complaints filed with the Commission shall begin immediately after complaints are filed and proceed as expeditiously as possible in an impartial manner; that regular annual reports relating to the number, kind and status of all such complaints shall be made by the Commission to the Chief of Police and to I Liheslaturan Guåhan;

(d) to review all cases reported to the Department under § 77133 of this Title, and to conduct further independent investigation as it determines in accordance with the rules and regulations adopted and promulgated as authorized in this Chapter;

(e) review all records and other information submitted to it from any source and initiate its own independent investigation or enter into a contract for services with an Independent Special Attorney and/or an Independent Special Investigator who shall be a civilian (‘Civilian’ for the purpose of this Section, is a person who is not now, and has not been, a sworn officer or an employee of the Department within the last five (5) years of the contract of services as an Independent Special Attorney or an Independent Special Investigator, and shall not have been an employee of the Department of Law within the last two (2) years of the contract of services as an Independent Special Attorney or an Independent Special Investigator. An Independent Special Attorney shall be an active member of the Guam Bar Association. An Independent Special Investigator shall have prior experience or training as an investigator.);

(f) adopt and promulgate rules and regulations, pursuant to the
Administrative Adjudication Law, and subject to legislative approval,

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governing its operations, including the duties of its officers, the filing of complaints, conduct of hearings and procedures for its own activities and investigations, and a process for determining which cases it will review (The Commission shall consult with the Chief of Police in developing these rules.);

(g) to recommend procedures, programs and legislation to the
Department and to I Liheslaturan Guåhan, to:

(1) advance and improve the relations between the
Department and the community;

(2) enhance cooperation by the community;

(3) increase public trust and confidence in the Department;
and

(4) encourage and ensure equal protection all citizens under
the laws of Guam; and

(h) to advise, consult and cooperate with other agencies of the government of Guam; the Federal Government and interested persons or groups.

Nothing herein shall prohibit the Chief of Police or the Police Commander from investigating the conduct of an employee under his or her command, or taking disciplinary or corrective action, otherwise permitted by Chapter 77 of this Title, when such is warranted; and nothing herein shall limit or otherwise restrict the disciplinary powers vested in the Chief of Police by Chapter 77 of this Title.

SOURCE: Subsection (a) amended by P.L. 30-076:4 (Jan. 22, 2010).