5 Guam Code Ann. § 5650
Terms Used In 5 Guam Code Ann. § 5650
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
(b) Supplemental Remedies. In addition to existing remedies for breach of the ethical standards of this Chapter or regulations promulgated hereunder, the Civil Service Commissions may, in
120
COL 7/27/2023
5 Guam Code Ann. GOVERNMENT OPERATIONS
CH. 5 GUAM PROCUREMENT LAW
connection with employees of the government of Guam, direct the appointing authority to issue any one or more of the following:
(1) oral or written warnings or reprimands;
(2) suspension with or without pay for specified periods of time; and
(3) termination of employment;
but the Civil Service Commission members who made such recommendation shall not sit upon any appeal from the resulting adverse action and the Governor shall appoint members pro tempore, without the consent of the Legislature, to hear such appeals.
(c) Right to Recover from Employee Value Received in Breach of Ethical Standards. The value of anything received by an employee in breach of the ethical standards of this Chapter or regulations promulgated hereunder shall be recoverable by Guam as provided in § 5652 of this Chapter.
(d) Due Process. All procedures under this Section shall be in accordance with existing law and regulations regarding adverse actions and employee discipline promulgated pursuant to Title 4
Guam Code Annotated.
SOURCE: GC § 6981. MPC § 12-301 modified.
2023 NOTE: Reference to “”Territory”” replaced with “”Guam”” pursuant to
1 Guam Code Ann. § 420.
COMMENT: Since Guam has an established Civil Service Commission strengthened by P.L. 16-23, this system is continued. Just as the Civil Service Commission is not intended to be the body making actual decisions as to an employee’s discipline, so this Section gives the CSC the power to require the appointing authority to take certain action, conforming to the appointing authority’s powers in other matters dealing with employees. Since, under existing law, an employee can appeal such a decision, the CSC is authorized to hear the appeal, but with members, either permanent or temporary, who did not participate in the original decision. There is no constitutional problem with having the staff of the Commission present the case to both the first Commission hearing (where it makes the binding recommendation) and to the second where the appeal is heard. Change by Committee on GGO.