(a) Except as hereafter authorized by law, the number of employees in the executive and judicial branches shall not be increased beyond the numbers provided for in the annual General Appropriation Act.

(1) On the first day other than a holiday of each February, May, August and November, the Governor and the Chief Justice shall each submit to the Legislature a verified report stating as of the last day of December, March, June and September, respectively, the number of persons actually employed.

(2) The report shall show whether the persons employed are full-time or part-time and permanent or temporary.

(b) In applying the limitation of Paragraph (a), part-time employees may be counted as a fraction which is determined by

dividing forty (40) hours into the average number of hours of such employees’ regularly scheduled work week.

(c) In applying the limitation of Paragraph (a), persons employed in special employment programs established for students and disadvantaged youth shall not be included, but the executive and judicial branches shall be limited to employing in such programs the number of persons authorized by the appropriation made for them.

(d) Notwithstanding Paragraph (a), the number of employees in the executive branch may be increased beyond the number authorized for a period of no longer than ninety (90) days in the event Guam is declared to be in a condition of disaster or emergency by the governor or by the president of the United States.

(e) (1) No person may be temporarily employed in a non- professional capacity for more than one hundred twenty (120) days in any calendar year except pursuant to an exception provided for by Paragraph (d).

(2) No person may be temporarily employed in a professional capacity for more than one hundred twenty (120) days except upon a contract in writing, and a determination in writing by the appointing authority that such employment is critical to either the public health, safety or welfare of the community.

(3) For purposes of this Paragraph a person is employed as a professional if the person’s job description in the Dictionary of Occupational Titles, published by the U.S. Department of Labor, has as its first digit zero (0) or one (1).

(4) Any person whose job description does not have as its first digit zero (0) or one (1) shall be deemed to be a non- professional employee.

(f) (1) No person may be employed in the executive or judicial branches other than for services actually rendered in connection with and for the purposes of the appropriation from which that person is paid.

(2) Any person employed in violation of this Paragraph shall be removed from the employ of the Government.

(g) (1) A person may be employed in the classified service contingent upon the availability of a grant, federal program or federal funds.

(2) An appointment in the classified service may be commensurate with the duration of a grant, federal grant, federal program or federal funds including renewals and extensions thereof.

(h) (1) A person may be employed in a professional level position in the classified service for a specific project or program.

(2) An appointment in the classified service may be commensurate with the duration of a specific project or program.

SOURCE: Added by P.L. 16-111:24 (Oct. 7, 1982). Subsection (e) amended by P.L. 22-144:6 (Dec. 27, 1994). Subsection (e) amended by P.L. 24-327:15 (Dec. 30, 1998). Subsections (g) and (h) added by P.L. 28-
187:2-3 (Jan. 29, 2007).

2018 NOTE: Subsection/subitem designations added/altered pursuant to authority granted by 1 Guam Code Ann. § 1606.

2015 NOTE: Pursuant to an amendment to § 22A(b)(2) of the Organic Act of Guam by Pub. L. 108-378:1(b) (Oct. 30, 2004), references to “”Presiding Judge”” have been changed to “”Chief Justice.”” See 48 U.S.C. § 1424-1(b)(2).