(a) Rules subject to criteria established by this Chapter governing the selection, promotion, performance, evaluation, demotion, suspension and other disciplinary action of classified employees shall be adopted by the Board of Directors of the Antonio B. Won Pat International Airport Authority, Guam; the Board of Directors of the Guam Economic Development Authority; the Board of Directors of the Guam Housing Corporation; the Board of Commissioners of the Guam Housing and Urban Renewal Authority; the Guam Judicial Council; the Board of Directors of the Jose D. Leon Guerrero Commercial Port; the Guam Education Board; the Board of Regents of the University of Guam; the Guam Community College Board of Trustees; the Board of Trustees of the Guam Memorial Hospital Authority; the Board of Directors of the Guam Visitors Bureau; and the Consolidated Commission on Utilities on behalf of the Guam Waterworks Authority and the Guam Power Authority, and the Board of Trustees of the Public Defender Service Corporation, with respect to personnel matters within their respective branches, agencies, public corporations or departments, and by the Director of Administration as to all other Executive Branch employment.

(b) Such rules shall, to the extent practicable, provide standard conditions for entry into and the other matters concerning the government service. The personnel rules adopted for the Guam Economic Development Authority, the Guam Housing Corporation, the Guam Housing and Urban Renewal Authority, the University of Guam, the Guam Community College, the Antonio B. Won Pat International Airport Authority, Guam, the Jose D. Leon Guerrero Commercial Port, the Department of Education, the Guam Memorial Hospital Authority, by the Director of Administration and by the Consolidated Commission on Utilities shall require that all their classified employee appeals, except academic personnel of the Guam Community College and the University of Guam in conformance with Title 4 Guam Code Ann. § 4403(h), be heard by the Civil Service Commission
(‘Commission’).

(c) (1) The personnel rules adopted for the Judicial Branch by the Judicial Council shall require that the Council hear all classified employee appeals.

(2) Personnel rules governing any other Executive Branch entities shall require that their classified employee appeals be heard by the Commission.

(3) Rules concerning the Executive Branch shall take effect upon their approval by the Director of Administration, by Executive Order of I Maga’lahen Guåhan and filing with the Legislative Secretary.

(4) Rules concerning the Judicial Council shall take effect upon adoption by the Judicial Council of Guam and filing with the Legislative Secretary.

(d) Such rules shall include the following provisions:

(1) that the minimum rate of each pay range shall be the normal rate for initial employment in the positions and classes assigned thereto; provided, however, that the directors or other department heads may, in accordance with
§ 6205 of this Title, authorize initial employment in a position at a higher step in the position’s pay range if such
action is warranted by recruitment difficulties or by the new

employee’s special or unusual qualifications, including experience;

(2) that no spouse of any director, chief administrator or department head within the government of Guam may be employed within the department, agency or instrumentality so headed by such director, chief administrator, department head or other officer;

(3) that overtime for those employees entitled hereto shall be calculated at one and one-half (1 1/2) times their regular wage;

(4) that employees may work at outside employment not in conflict with their government service, nor such as would bring the government of Guam or its employees into disrepute, but that any employee may undertake such employment only if such is not in conflict with that person’s duly scheduled hours and only with the consent of that person’s department or agency head, which consent may not be unreasonably withheld; and

(5) that no person shall be required to work overtime, unless the employee has received certification by the Director that funds for overtime pay as provided in Subsection (3), above, are available.

(e) Adoption of such rules is subject to the Administrative
Adjudication Law.

SOURCE: Added by P.L. 16-023 (Aug. 11, 1981) as § 4104, entitled
“”Departmental Personnel Rules.”” Amended by P.L. 16-041:2 (Sept. 30,
1981), P.L. 17-005:3 (Apr. 21, 1983), P.L. 17-025:14 (Oct. 6, 1983), P.L.
17-032:3 (Nov. 22, 1983), P.L. 20-003:XII:7 (Apr. 8, 1989), P.L. 23-026:3 (June 6, 1995). Repealed and reenacted by P.L. 26-088:4 (May 17, 2002). Amended by P.L. 28-068 (Sept. 30, 2005), P.L. 28-112:4 (April 14, 2006),
P.L. 28-113:5 (April 14, 2006). Subsection (a) amended by P.L. 36-
107:XII:33 (Sept. 12, 2022).

2022 NOTE: Reference corrected to “”Antonio B. Won Pat International Airport Authority, Guam”” pursuant to 12 Guam Code Ann. § 1102(b). References corrected to “”Guam Economic Development Authority”” pursuant to 12
GCA § 50101 (b). Reference corrected to “”Guam Education Board””
pursuant to 17 Guam Code Ann. § 3102.

2018 NOTE: Subsection/subitem designations added/altered pursuant to authority granted by 1 Guam Code Ann. § 1606.NOTE: P.L. 28-045:10 (June 6, 2005) changed the name of the Department of Education to the Guam Public School System. The passage of P.L. 30-050:2 (July 14, 2009) reverted the name to the Department of Education.