(a) The annual compensation of the Public Auditor shall be One Hundred Thousand Dollars ($100,000) and shall not be diminished during the Public Auditor’s term of office.

(b) Subject to the availability of funds, the Public Auditor may appoint a Deputy and an Executive Secretary in the unclassified service, and such persons shall serve at the pleasure of the Public Auditor in accordance with Title 4 Guam Code Ann., Chapter 4, Article 1, § 4102(a)(4) and (5). The Deputy shall be compensated as provided by Title 4 Guam Code Ann., Chapter 6, Article 2, § 6206.1.

(c) Administration of General Personnel Matters. The Office of Public Accountability shall be responsible for the conduct of operational matters addressing its personnel activities, in accordance with and consistent with the provisions contained herein.

(d) Persons who are employed by the Office of Public Accountability, but who are not within the ranks of the professional staff, shall be compensated in accordance with the Government of Guam Competitive Wage Act of 2014. Persons who are employed by the Office of Public Accountability and are within the ranks of the professional staff shall be compensated in

1 Guam Code Ann. GENERAL PROVISIONS
CH. 19 OFFICE OF PUBLIC ACCOUNTABILITY

accordance with the Position Paper – OPA Current Positions and Wage Structure: Competitive Analysis and Research Report with Findings and Recommended Reviews of 2014, conducted by Leading Edge Consulting Group (see APPENDIX A [of P.L. 36-
107]), until such time when a new wage structure is established,
adopted, and implemented, pursuant to 4 Guam Code Ann., § 6235(d)(6). (e) Administration of Personnel.
(1) The Public Auditor is authorized to hire and appoint such personnel, and to fix their duties and responsibilities under and in accordance with Title 4, Guam Code Annotated, as may be necessary for the purposes of this Chapter.

(2) Subject to the availability of funds, the Public Auditor is also authorized to procure, in accordance with Guam’s procurement laws and regulations, a private contractor to perform the human resource operations for the Office of Public Accountability or enter into a memorandum of understanding or memorandum of agreement with another agency, public corporation, or instrumentality of the government of Guam to perform such operations for the Office of Public Accountability.

(f) Regulations. Consistent with the provisions of § 4105 of Title 4, Guam Code Ann., the Public Auditor may establish rules and regulations governing selection, promotion, performance evaluation, demotion, suspension, and other disciplinary action for the employees of the Office of Public Accountability. Until such time as the Office of Public Accountability adopts its own rules and regulations as provided herein, the rules and regulations adopted by the Department of Administration shall continue to apply to the Office of Public Accountability.

(g) Contributions to the Government of Guam Retirement
Fund and Workers’ Compensation Fund.

(1) Employees of the Office of Public Accountability shall continue to be members of the Government of Guam Retirement Fund, subject to the provisions of § 8105 of Title
4 Guam Code Ann..

1 Guam Code Ann. GENERAL PROVISIONS
CH. 19 OFFICE OF PUBLIC ACCOUNTABILITY

(2) The Office of Public Accountability shall contribute to the Government of Guam Retirement Fund on the basis of annual billings, as determined by I Liheslaturan Guåhan or the Government of Guam Retirement Fund, for the government share of the cost of the retirement benefits applicable to the Office of Public Accountability employees, and their beneficiaries.

(3) The Office of Public Accountability shall also contribute to the Workers’ Compensation Fund, on the basis of annual billings as determined by the Workers’ Compensation Commissioner, for the benefit payments made from the Workers’ Compensation Fund on account of the Office of Public Accountability employees.

(h) Post Audit. Persons appointed and employed by the Office of Public Accountability in the classified service shall be subject to post-audit review by the Civil Service Commission, and such review shall be discretionary.

SOURCE: Added by P.L. 21-122:1 (July 20, 1992), entitled “”Deputies and Staff.”” Amended by P.L. 27-005:IV:12 (eff.2/28/2003); P.L. 28-
068:IV:63 (eff. 10/1/2005). P.L. 32-181:IX:I:3 (Sept. 5, 2014) amended subsection (b), added subsections (c) and (d). Subsection (c) amended by P.L. 33-226:3 (Jan. 9, 2017); subsections (d), (e), (f), (g) and (h) added by
P.L. 33-226:4. Subsection (d) amended by P.L. 36-107:XII:46 (Sept. 12,
2022).

2022 NOTE: The amendment to subsection (d) by P.L. 36-107:XII:46 (Sept. 12, 2022) included a reference to “”Appendix A”” which is attached to P.L. 36-107.

2017 NOTE: Subitem designations added in subsections (e) and (g)
pursuant to the authority of 1 Guam Code Ann. § 1606.

2014 NOTE: P.L. 28-068:IV:42 (Sept. 30, 2005) transferred the duties and responsibilities of the Civil Service Commission in this section to the Director of Administration. The transfer became effective on January 1,
2006 pursuant to P.L. 28-068:IV:47.