(a) All classified employees filling positions within the Plant Protection and Quarantine Section of the Department of Agriculture (‘DOA’) prior to September 30, 2003 shall be transferred to the Customs and Quarantine Agency (‘CQA’) with the exception of the positions of the entomologist and cashier who will remain with DOA for the administration and management of import and export permits, phytosanitary permits, and a Plant Inspection Station. Classified employees transferred to CQA shall be transferred with all duties, responsibilities and compensation intact, and with no lapses in service to the government of Guam.

The Director of CQA shall have the power to reorganize and realign positions in conformance with the rules and regulations of the Director of Administration and all other applicable laws of Guam. Employees transferred from the Plant Protection and Quarantine Section of DOA shall be entitled to the same retire- ment, workmen’s compensation and hospital insurance benefits to which they are currently entitled.

(b) Transfer of Duties. Except as otherwise specifically provided, CQA shall hereby assume all the powers, duties and responsibilities of the Plant Protection and Quarantine Section of DOA as set out in this Act, and any other section of law with the exception of the administration of local and Federally regulated import and export plant permits, phytosanitary permits and the control management and administration of a USDA sanctioned Plant Inspection Station. Any regulation or other action adopted, prescribed, taken or performed by Plant Protection and Quarantine Officers of the Plant Protection and Quarantine Section of DOA in the administration of a program, the performance of a power, duty or responsibility, or the exercise of any function transferred by this Act shall remain in effect and shall be deemed to be a regulation or action of CQA or of any of its officers to whom the program, power, duty, responsibility or function is transferred.

(c) Transfer of Records and Equipment. Upon the transfer of functions as provided in this Section, CQA shall have possession and control of all books, records, papers, maps, plans, documents, offices, equipment, supplies, money, funds, appropriations, licenses, permits, agreements, contracts, and other property, real or personal, connected with the transfer of, administration of, or held for the benefit or use of, Plant Protection and Quarantine Officers transferred to CQA.

(d) Employee Preference to Continue Service with DOA. Nothing herein shall prevent any Plant Protection and Quarantine Officer from filling any vacant position within DOA pursuant to the Merit System.
(e) DOA and CQA Nexus on Plant Protection Inspections. (1) DOA shall provide technical and scientific support
to CQA upon assuming specific duties and responsibilities of
the Plant Protection and Quarantine Section of DOA as set out in this Section, and any other section of law or regulation pertinent thereto.

(2) CQA shall provide personnel support for the operations of the Plant Inspection Station of the Department of Agriculture.

(3) A Memorandum of Understanding (MOU) shall be executed between DOA and CQA in the operations of the Plant Quarantine Station including the duties and responsibil- ities of DOA in providing specific technical and scientific support to CQA as set out in this Section.

(f) Transition Team Created.

(1) Transition Team. There is hereby created a Transi- tion Team to help ensure a smooth transition of functions from the Plant Protection and Quarantine Section of DOA to the Customs and Quarantine Agency (‘CQA’). The Transi- tion Team shall include the following:

(a) the Director, or a designee of DOA; and

(b) the Director, or a designee of CQA.

(2) Authority. The Transition Team shall have sixty (60)
days from the enactment of this Act to do the following:

(a) ensure the smooth transition of the operations of the Plant Protection and Quarantine Section of DOA to CQA; and

(b) examine and recommend any other facts or data as may be necessary to ensure the smooth transition from the transfer of employees and duties of the Plant Protection and Quarantine Section of DOA to CQA.

(g) Vacant Plant Protection and Quarantine positions shall be phased out and not be filled. Future recruitment for Plant Protection and Quarantine Officer duties shall be for Customs Officer positions as approved by the Director of Administration.

This Section shall be effective October 1, 2003.

SOURCE: Added by P.L. 27-29:V:22 as 5 Guam Code Ann. § 73206. This section was already occupied by another as part of a different topic, so the Compiler created a new Article for these transfer provisions. Effective January 1, 2006, reference to the “”Civil Service Commission,”” amended to “”Director of Administration”” pursuant to P.L. 28-68:IV:45 (Sept. 30, 2005).