(a) The personnel rules provided for in § 4105 of this Chapter shall provide procedures for their employment of persons on the basis of merit, and shall include an orderly and systematic method of recruitment and the establishment of qualified lists for employment purposes.

(1) They shall provide for a probationary period of not less than three (3) nor more than twelve (12) months for all original appointments, during which time the employee may be dismissed at any time without right of appeal and without right of being given reasons or charges in writing.

(2) Specific procedures and policies shall be included, governing the following:

(A) The announcement of vacancies and acceptance of applications for employment;

(B) Preparation and conduct of examinations;

(C) Establishment and use of employment lists containing names of persons eligible for employment;

(D) Establishment of promotional policies;

(E) Certification of employment of persons from employment lists to fill vacancies and the making of temporary and emergency appointments;

(F) Evaluation of the work of employees, including those serving a probationary period;

(G) Transfer, promotion and reinstatement of employees in the competitive service;

(H) Separation from the service of employees by resignation, layoff, suspension, dismissal, termination or completion of a grant, federal grant, source of federal funds, specific program or project and for incapacity to perfom required duties, provided that the rules shallprovide a system for the employee to seek reconsideration of suspension, dismissal and removal for incapacity to perform by answering any charges within ten (10) days in having a conference with the administrative head;

(I) Establishment of hours of work, attendance and leave regulations and working conditions;

(J) Development of employee morale, welfare and training;

(K) Rules governing the outside employment of employees;

(L) Maintenance and use of necessary records and forms;

(M) A uniform system of handing all grievances, except where a different grievance system has been negotiated between a recognized employee organization and the appropriate management officials;

(N) Appeal of an adverse action not inconsistent with § 4406 and § 4407 of the Chapter;

(O) In the case of academic employees of the University of Guam or the Guam Community College, and their successor agencies, a system of tenure appropriate to the academic nature of the respective institutions; and

(P) Such other matters as may be necessary to properly carry out the intent and purposes of this Chapter.

(b) Notwithstanding any provisions of law to the contrary, all contracts for the hiring of non-resident, off-island employees shall conform to the provisions of § 6504 of this Title.

SOURCE: Added by P.L. 16-023 (Aug. 11, 1981) as § 4105. Amended by
P.L. 23-026:4 (June 6, 1995). Item (8) amended by P.L. 28-187:4 (Jan. 29,
2007).

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