5 Guam Code Ann. § 3127
Attorney's Note
Under the Guam Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor | up to 1 year | up to $1,000 |
Terms Used In 5 Guam Code Ann. § 3127
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
(1) have no less than ten (10) years of progressive experience in a law enforcement agency, including at least
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three (3) years in a senior law enforcement position, or with equivalent executive management experience in the field of public administration, business administration, criminal justice, or law, or a closely related field or discipline;
(2) graduated with a Bachelor’s degree or higher in criminal justice, public administration, business administration, law, or a closely related field or discipline from an accredited institution recognized by the Council for Higher Education Accreditation (CHEA) or its successors;
(3) have no felony, domestic or family violence convictions;
(4) have no misdemeanor convictions involving moral turpitude;
(5) submit to and pass a drug screening test, including, but not limited to, urinalysis testing, unless the appointee is a current employee of the government of Guam registered with the Peace Officer Standards and Training (POST) Commission as a peace officer occupying a Test-Designated Position (TDP) pursuant to the Department’s Drug-Free Workplace Program;
(6) be of good health and good moral character; (7) submit to psychological testing;
(8) submit to a polygraph examination; and
(9) submit to a thorough investigation of his or her background and moral character.
(b) Compensation of Director of Customs and Quarantine
Agency.
Notwithstanding any other provision of law, a person appointed by I Maga’låhen Guåhan and confirmed by I Liheslaturan Guåhan to be Director of the Customs and Quarantine Agency, and who at the time of his or her appointment is an active member of the classified service, shall receive a salary established by the government of Guam compensation schedule for heads of agencies, or a salary equivalent to the three (3)-year average of the annual income earned immediately prior to his/her
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appointment as the Director of the Customs and Quarantine Agency, whichever is greater. Said three (3)-year average shall be reviewed annually to determine if mandated pay increases would have affected the three (3)-year average.
(c) A person who is an active classified employee of the government of Guam immediately prior to his or her appointment by I Maga’låhen Guåhan and confirmation by I Liheslaturan Guåhan to be a Director of the Customs and Quarantine Agency shall, if not removed for cause, be reinstated to the position he or she previously held immediately prior to such appointment, or to an equivalent position, upon expiration of his or her appointment as Director of the Customs and Quarantine Agency.
(d) The senior ranking classified Customs and Quarantine Officer within the Agency shall act as the Deputy Director of the Agency with all the powers of such a deputy but without additional compensation. The compensation of the Director of the Agency and of such Director’s personal secretary shall be set by the Director of Administration.
SOURCE: Added by P.L. 22-112:2 (04/11/94). Amended by P.L. 23-
003:1. (Mar. 30, 1995) and P.L. 34-170:2 (Dec. 29, 2018) (effective Jan.
1, 2019).
2019 NOTE: Subsection designations have been added to adhere to the Compiler’s general codification and alpha-numeric schemes pursuant to authority granted by 1 Guam Code Ann. § 1606.
NOTE: Effective January 1, 2006, references to the “”Civil Service Commission”” were amended to “”Director of Administration”” pursuant to P.L. 28-68:IV:45 (Sept. 30, 2005).
COMMENT: The amendment made to this section changed the words, “”senior classified employee”” to “”senior ranking classified Customs & Quarantine Officer”” to make sure that the Deputy Director was always such an Officer and not, by reason of time in service, another employee of the agency who was not a sworn officer.