EDDIE BAZA CALVO Governor

RAY T ENORIO Lieutenant Governor

May 25,2011 3!-11-)b7

Honorable Judith T. Won Pat, Ed.D. Speaker I Mina 'tren tai Unu Na Liheslaturan Guahan 155 Hesler Street Hagatfia, Guam 96910

Dear Madame Speaker:

~\'1-(p\q \\' .?~

6 Transmitted herewith is Bill No. 152-31 (COR) "AN ACT TO AMEND §§77109, 77110.1, 77110.2, 77110.3, 77110.4 AND 77112; AND TO REPEAL §77110.5, ALL OF ARTICLE 1 OF CHAPTER 77, TITLE 10, GUAM CODE ANNOTATED, RELATIVE TO THE QUALIFICATION REQUIREMENTS FOR UNIFORMED MANAGEMENT POSITIONS WITHIN THE GUAM POLICE DEPARTMENT", which I signed into law on May 24,2011 as Public Law 31-70.

Attachment: copy of Bill

Ricardo J. Bordallo Governor's Complex • Adclup, Guam 96910 Te l: (67 1) 472-H931 /6 • fax: (671) 477-4H26 • www.govcmor.guam.gov

IMINA 'TRENT AI UNU NA LIHESLATURAN GUAHAN 2011 (FIRST) Regular Session

CERTIFICATION OF PASSAGE OF AN ACT TO I MAGA 'LAHEN GUAHAN

This is to certify that Bill No. 152-31 (COR), "AN ACT TO AMEND §§77109, 77110.1, 77110.2, 77110.3, 77110.4 AND 77112; AND TO REPEAL §77110.5, ALL OF ARTICLE 1 OF CHAPTER 77, TITLE 10, GUAM CODE ANNOTATED, RELATIVE TO THE QUALIFICATION REQUIREMENTS FOR UNIFORMED MANAGEMENT POSITIONS WITHIN THE GUAM POLICE DEPARTMENT", was on the lOth day of May, 2011, duly and regularly passed.

Judith T. Won Pat, Ed.D. Speaker

This Act was received by I Maga 'lahen Guahan this

d:·· d-0 o'clock ~ .M.

\ lo~ day of~, 2011, at

~~ficer Maga 'lahi 's Office

APPROVED:

E I Maga 'lahen Guahan

Date: _M_AY_2 4_Z_0_11 __ _

Public Law No. 31- 70

IMINA 'TRENT AI UNU NA LIHESLATURAN GUAHAN 2011 (FIRST) Regular Session

Bill No. 152-31 (COR) As amended by the Committee on Public Safety, Law Enforcement and Judiciary, and further amended on the Floor.

Introduced by: Adolpho B. Palacios, Sr. F. F. Blas, Jr. T. C. Ada V. Anthony Ada B. J.F. Cruz Chris M. Duenas Judith P. Guthertz, DPA Sam Mabini, Ph.D. T. R. Muiia Barnes v. c. pangelinan Dennis G. Rodriguez, Jr. R. J. Respicio M. Silva Taijeron Aline A. Yamashita, Ph.D. Judith T. Won Pat, Ed.D.

AN ACT TO AMEND §§77109, 77110.1, 77110.2, 77110.3, 77110.4 AND 77112; AND TO REPEAL §77110.5, ALL OF ARTICLE 1 OF CHAPTER 77, TITLE 10, GUAM CODE ANNOTATED, RELATIVE TO THE QUALIFICATION REQUIREMENTS FOR UNIFORMED MANAGEMENT POSITIONS WITHIN THE GUAM POLICE DEPARTMENT.

1 BE IT ENACTED BY THE PEOPLE OF GUAM:

2 Section 1. Legislative Findings and Intent. I Liheslaturan Guahan finds

3 that §§77109 through 77110.5 of Article 1 of Chapter 77, Title 10, Guam Code

4 Annotated (GCA), established the minimum qualification requirements for

1

1 positions in the Guam Police Department (GPD), including Chief of Police, Police

2 Commander, Police Major, Police Captain, Police Lieutenant, and Police Colonel.

3 In addition to establishing minimum qualifications, §7711 0.1 also requires that the

4 Chief of Police select a Police Commander, "who shall be a uniformed classified

5 officer to hold the rank of Colonel." As written, one could question whether the

6 m1mmum qualifications found in §7711 0.1 was intended also for the Police

7 Colonel.

8 I Liheslaturan Guahan finds that there is no mention of qualification

9 requirements for the Police Colonel position within Title 10 GCA, except for a

10 brief statement found in §7711 0.5, which simply requires that applicants vying for

11 such position to have held a Police Major's rank for at least five (5) years. This

12 requirement was included as a miscellaneous item within the government of

13 Guam's FY 2002 budget law, P.L. 26-35, enacted on October 1, 2001.

14 It is the intent of I Liheslaturan Guahan to incorporate the substance of

15 §77101.5 into §77101.1, with additional amendments, in order to appropriately

16 recognize the Police Colonel position as a uniformed rank of GPD. These changes

17 will provide clarity as to what the qualifications are for the Police Colonel, which

18 is a rank, and will ensure that no confusion is made as to who may be eligible to

19 serve as Police Commander, which is a functional title.

20 I Liheslaturan Guahan also intends to amend the qualifications for the Chief

21 of Police and the Department's uniformed management positions of Police

22 Colonel, Police Major, Police Captain, and Police Lieutenant by standardizing

23 language pertaining to drug screening test requirements and recognition of post-

24 secondary institutions, as applicable.

25 Section 2. §77109 of Article 1 of Chapter 77, Title 10, Guam Code

26 Annotated, relative to the qualifications for the Chief of Police, is hereby amended

27 to read as follows:

2

1 "§77109. Appointment of the Chief of Police.

2 The Chief of Police shall be appointed by I Maga 'lahen Guahan with

3 the advice and consent of I Liheslaturan Guahan and shall meet the

4 following qualifications:

5 (a) be at least thirty-five (35) years of age;

6 (b) have no less than fifteen (15) years of progressive

7 experience in a government law enforcement position, including at

8 least five (5) years at the supervisory command level, and five (5)

9 years in a senior position with law enforcement management

10 responsibilities, or equivalent executive management experience in

11 the field of Public Administration, Criminal Justice Administration, or

12 Law, or a closely related field or discipline;

13 (c) graduated with a Bachelor's Degree or higher in Police

14 Science, Criminal Justice Administration, Public Administration,

15 Law, or closely related field or discipline from an accredited

16 institution recognized by the Council for Higher Education

17 Accreditation (CHEA) or its successors;

18

19

20

21

22

23

24

25

26

27

(d) have no felony, domestic or family violence convictions;

(e) have no misdemeanor convictions involving moral

turpitude;

(f) submit to and pass a drug screening test, including, but

not limited to, urinalysis testing, unless the appointee is a current

employee of the Guam Police Department occupying a Test­

Designated Position (TDP) pursuant to the Department's Drug-Free

Workplace Program;

(g) be of good health and good moral character;

(h) submit to psychological testing;

3

1 (i) submit to a polygraph examination; and

2 G) submit to a thorough investigation of his or her

3 background and moral character."

4 Section 3. §7711 0.1 of Article 1 of Chapter 77, Title 10, Guam Code

5 Annotated, relative to the qualification requirements for Police Colonel, is hereby

6 amended to read as follows:

7 "§77110.1. Police Colonel.

8 The Police Colonel shall be a uniformed classified officer. The Police

9 Colonel, who shall serve as Police Commander, shall meet the following

10 minimum qualifications, experience, and training, in addition to those

11 prescribed by the Director of Administration:

12 (a) graduated with a Master's Degree in Police Science,

13 Criminal Justice Administration, Public Administration, or closely

14 related field or discipline from an accredited institution recognized by

15 the Council for Higher Education Accreditation (CHEA) or its

16 successors, and must have at least two (2) years of experience in the

17 rank of Police Major, or equivalent law enforcement experience in

18 administration or management that requires the minimum knowledge,

19 abilities, and skills to perform the duties of a Police Major; or

20

21

22

23

24

25

26

27

(b) graduated with a Bachelor's Degree in Police Science,

Criminal Justice Administration, Public Administration, or closely

related field or discipline from an accredited institution recognized by

the Council for Higher Education Accreditation (CHEA) or its

successors, and must have at least four (4) years of experience in the

rank of Police Major, or equivalent law enforcement experience in

administration or management that requires the minimum knowledge,

abilities, and skills to perform the duties of a Police Major;

4

1

2

(c) have no felony, domestic or family violence conviction;

(d) submit to and pass a drug screening test, including, but

3 not limited to, a urinalysis test; and

4 (e) other necessary special qualifications as established by

5 the Department of Administration not inconsistent with (a) above."

6 Section 4. §77110.2 of Article 1 of Chapter 77, Title 10, Guam Code

7 Annotated, relative to the qualifications for Police Major, is hereby amended to

8 read as follows:

9 "§77110.2. Police Major.

10 A Police Major shall be a uniformed classified officer and shall meet

11 the following minimum qualifications, experience, and training, in addition

12 to those prescribed by the Department of Administration:

13 (a) graduated with a Bachelor's Degree in Police Science,

14 Criminal Justice Administration, Public Administration, or closely

15 related field or discipline from an accredited institution recognized by

16 the Council for Higher Education Accreditation (CHEA) or its

17

18

19

20

21

22

23

successors;

(b) must have at least two (2) years of experience in the rank

of Police Captain, or equivalent law enforcement experience in

administration or management level; and

(c) other necessary special qualifications as established by

the Department of Administration not inconsistent with (a) and (b)

above."

24 Section 5. §77110.3 of Article 1 of Chapter 77, Title 10, Guam Code

25 Annotated, relative to the qualifications for Police Captain, is hereby amended to

26 read as follows:

27 "§77110.3. Police Captain.

5

1 A Police Captain shall be a uniformed classified officer and shall

2 meet the following qualifications, experience, and training, in addition to

3 those prescribed by the Department of Administration:

4 (a) graduated with a Bachelor's Degree in Police Science,

5 Criminal Justice Administration, Public Administration, or closely

6 related field or discipline from an· accredited institution recognized by

7 the Council for Higher Education Accreditation (CHEA) or its

successors; 8

9 (b) must have at least two (2) years of experience in the rank

10 of Police Lieutenant, or equivalent law enforcement experience in

11 administration or management level; and

12 (c) other necessary special qualifications as established by

13 the Department of Administration not inconsistent with (a) and (b)

14 above."

15 Section 6. §77110.4 of Article 1 of Chapter 77, Title 10, Guam Code

16 Annotated, relative to the qualifications for Police Lieutenant, is hereby amended

17 to read as follows:

18 "§77110.4. Police Lieutenant.

19 A Police Lieutenant shall be a uniformed classified officer and shall

20 meet the following minimum qualifications, experience, and training, m

21 addition to those prescribed by the Department of Administration:

22 (a) graduated with an Associate's Degree in Police Science,

23 Criminal Justice Administration, Public Administration, or closely

24 related field or discipline from an accredited institution recognized by

25 the Council for Higher Education Accreditation (CHEA) or its

26 successors, or successful completion of not less than seventy-five (75)

27 college credits, seventy-five percent (75%) of which are in the field of

6

1

2

3

4

Law Enforcement, Public Safety, or closely related field of discipline

from an accredited institution recognized by the Council for Higher

Education Accreditation (CHEA) or its successors;

(b) must have at least two (2) years of experience in the rank

5 of Police Sergeant II, or equivalent law enforcement supervisory

6 experience, or must have at least four ( 4) years of experience in the

7 rank of Police Sergeant I, or equivalent law enforcement supervisory

8 experience;and

9 (c) other necessary special qualifications as established by

10 the Department of Administration not inconsistent with (a) and (b)

11 above."

12 Section 7. §77112 of Article 1 of Chapter 77, Title 10, Guam Code

13 Annotated, is hereby amended to read:

14 "§77112. Powers and Duties of the Police Colonel. In the

15 absence or incapacity of the Chief of Police, the Police Colonel shall possess

16 all the powers of the Chief of Police, act as the head of the Department, and

17 shall further perform such additional duties as the Chief of Police may

18 prescribe."

19 Section 8. §77110.5 of Article 1 of Chapter 77, Title 10, Guam Code

20 Annotated, is hereby repealed.

21 Section 9. Effective Date. The provisiOns contained herein shall be

22 effective upon the enactment of this Act and shall apply prospectively.

23 Section 10. Severability. If any provision of this Act or its application to

24 any person or circumstance is found to be invalid or contrary to law, such

25 invalidity shall not affect other provisions or applications of this Act which can be

26 given effect without the invalid provisions or application, and to this end the

27 provisions of this Act are severable.

7

IMINA' TRENTAI UNU NA LIHESLATURAN GUAHAN 2011 (FIRST) Regular Session

ABill No. 152-31(COR)

Resolution No. --

Date:May 10, 2011 VOTING SHEET

Question:----------------------------

NOT OUT YEAS NAYS VOTING[ DURING ABSENT

NAME ABSTAINED ROLL CALL

.DA, Thomas C. /

.DA, V. Anthony .;

~LAS, Frank F., Jr. ./

:RUZ, Benjamin J. F. j

tUENAS, Christopher M. v iUTHERTZ, Judith Paulette / ~ABINI, Sam / ~UNA-BARNES, Tina Rose / 1ALACIOS, Adolp_ho Borja, Sr. /

/

1ANGELINAN, vicente (ben) cabrera v tESPICIO, Rory J. I

tODRIGUEZ, Dennis G., Jr. / •ILVA TAIJERON, Mana / VON PAT, Judith T. /

'AMASHITA, Aline A. /

TOTAL

* 3 Passes = No vote EA = Excused Absence

Thirty/ First Guam Legislature

Cinnmitrcc !vfcmhcn;:

Senator Thomas { . \d& \'in: ( :hairman

SpcakcrJudtth f \Von""' · \1c-mht.T

Senator l ina R_ \tuna- H<irnc~

\Jcrnhcr

Senator Judith P_ (iuth(:rt;:::, DPA \kmlxr

St'll~t.t<)r Rory J _ Rc.'-.pKin \h'mlxr

Senator lknni:;. C. RoJrigur:: ,Jr \kmlxr

Scnat:\lf \' _ \nthonv Ada \kmlxr ,

:-:,cnator ( :hristnphcr \-l. Pucnas Vkmlx:r

Senator \-1an;t Sih·a Taijeron \kmhcr .

St:nator, \litH'.-\_ Yamashita, Vkmbn

( Jthcr Commirtcc Afcmhcrship·

Vi.;_T ( :hairman, ( 'nmmittt.T on I ~ttHties. T ransport<t.tion. Puhlit.: \Vorh:s and Ycter;tn." .-\ffair-..

\-itT ( ·hairman, ( :ommittt..T on

l kaltb and !Iuman Sen in·'-< St.·nior ( 'iti::t:n">, Lt·nnomk fkvdopmt:nt anti Ucrtion Reform

\1~·mbt..-r, ( ~ommittt·t: on Ruk . ..,, FnkraL hlrt·ign & \ficronc.;lan \ffair"' and i Iuman & \:atural Resot~rcr-'

\1emhf;:'f, ( ~nmmittct' on hhH.:ation :.wd Public I jf!raric"

~vkmher, ( :ommit:tec on ( ;twm V1ilitary Buildup and llomdand Sel..:ur·itv

\kmhtT, ( :ommittu.· on \lunicipa1 Afb.ir.-..., ·1 nurf,m, I fou"">in~ and R'cn::ation

COMMITTEE ON PUBLIC SAFETY, LAW ENFORCEMENT & JUDICfA~Y IMina 'Trentai Uno Na Liheslaturan Gwihan " /-!,.,

, ) _,

SENATOR ADOLPHO B. PALACIOS, SR. · .>)

Chairman

April 27, 2011

The Honorable Judith T. Won Pat, Ed.D. Speaker I Mina'Trentai Unu na Liheslaturan Guahan 155 Hesler Place Hagatfia, Guam 96910

VIA:

RE:

The Honorable Rory J. Resp~~ ·1.-/'V"

Chairman, Committee on RyK's V

Committee Report- Bill No. 152-31 (COR) as Amended.

The Committee on Public Safety, Law Enforcement and Judiciary, to which was referred, Bill No. 152-31 (COR) - AN ACT TO AMEND §§77109, 77110.1 THROUGH 77110.4, OF ARTICLE 1, TITLE 10 GUAM CODE ANNOTATED, AND TO REPEAL §77110.5 OF THIS ARTICLE RELATIVE TO THE QUALIFICATION REQUIREMENTS FOR UNIFORMED MANAGEMENT POSITIONS WITHIN THE GUAM POLICE DEPARTMENT," hereby reports out with the recommendation TO PASS.

Committee Votes are as follows:

7 TO PASS

0 NOT TO PASS

1 TO REPORT OUT ONLY

0 ABSTAIN

0 INACTIVE FILE

Sincerely,

Chairman

Attachments

0[/ice!Mai/iuK Address: !55 Hesler Place, llitj;atiia Guam 9f/J J()

Telcplwn,· No. (671) 47:!~5047/1048 • Fax So. (67/J 472-502:! • Email: SetlABPalado"'.a;J:mail.com

COMMfiTEE ON PUBLIC SAFETY, LAW ENFORCEMENT & JUDICIARY I Min a 'Trentai Uno Na Liheslaturan Gwihan

SENATOR ADOLPHO B. PALACIOS, SR. Chairman

COMMITTEE REPORT ON

BILL NO. 152-31 (COR) As Amended by the

Committee on Public Safety, Law Enforcement & Judiciary

AN ACT TO AMEND §§77109, 77110.1 THROUGH 77110.4, OF ARTICLE 1, TITLE 10 GUAM CODE ANNOTATED, AND TO REPEAL §77110.5 OF THIS ARTICLE RELATIVE TO THE QUALIFICATION REQUIREMENTS FOR UNIFORMED MANAGEMENT POSITIONS WITHIN THE GUAM POLICE DEPARTMENT.

Of!iceli14ailing Aililre.u: 155 Hesler Place, Hagatiia Guam ':169/fl

Telephone No. r671) 472-504715048 • Fax No. f6 71) 472-5022 • Email: SenABPalacio.\•a.gmail.com

Thirty First Guam Legislature

(~Jmmittcc A1cmhcrs:

Senator Thomas C ~-\Ja

\'icc ( ~h"irman

'>peakcrjuJith T \Von Pat, l'h.P \kmhcr

Senator Tina R, \1una- l13rne--.. \kmhn

.~enat\)f juJith p_ Cuthcrt=. ])P;\ \kmhcr

Senator Rory J R.cspictn \kmlx·r

S~.-·nator Dennis ( ;_ Rodrigue=, Jr \1c·mhcr .

s~nator v .\nthnny ,\Ja \kmher

:"iU1Jtnr ( :hristophn \t Duena'> \kmfx-r

Senator \-lana Sih·a-Taijcum \fcml·:wr

Srnator \line c\. Y«ma,hit«, Ph.D \kmlx·r

( Jrfzcr Committee ,\1cmhcrship:

\ iu.~ ( :hairman, ( :ommir-tlT on t :rilitit:-s, T ran<.;pnrtation, Puhlit: \\'t)l'ks ;md \.t't:cran:. ,-\ffair;;.

YiLT Chairm<tn, ( :om1nittec on I ft:alth anJ Human .S~n'i(:t:'-;. Senior (:it i=cns, h:onomk lkvt..-lopmcnt and.Elcctii.)l\ Reform

\h:ml-x·r, ( :ommittu.: on Ruh:-:, h:Jcral. Fnrcign & \.iicronc...,i<In .\flair' and !Iuman fc --.;atural Rcsouret..--'>

\-kmhcr. ( _-nmmitt~T on hlucation anJ Public Llhrari<._-.--;

Mcmht:r, { :nmmittce nn Guam \iilitary Buildup and llomcland Sct:uritv

\·lt·ml'k:r, <:ommittt-c 'm \-tunidp .. '*J .-\ffairs, -1 oud..,rn, I lousing and Rccre~tt ion

COMMITTEE ON PUBLIC SAFETY, LAW ENFORCEMENT & JUDICIARY IMina 'Trentai Uno Na liheslaturan Guahan

SENATOR ADOLPHO B. PALACIOS, SR. Chairman

April 27, 2011

MEMORANDUM

TO: ALL MEMBERS Committee on Public Safety, Law Enforcement, & Judiciary

FROM: Senato• Adolpho B. Palacios, s,. "~ Committee Chairman If" t

SUBJECT: Committee Report on Bill No. 152-31 (COR) as Amended.

Transmitted herewith for your consideration is the Committee Report on Bill No. 152-31 (COR) as Amended - "AN ACT TO AMEND §§77109, 77110.1 THROUGH 77110.4, OF ARTICLE 1, TITLE 10 GUAM CODE ANNOTATED, AND TO REPEAL §77110.5 OF THIS ARTICLE RELATIVE TO THE QUALIFICATION REQUIREMENTS FOR UNIFORMED MANAGEMENT POSITIONS WITHIN THE GUAM POLICE DEPARTMENT."- sponsored by Senator Adolpho B. Palacios, Sr.

This report includes the following:

• Committee Voting Sheet • Committee Report Digest • Copy of Bill No. 152-31 (COR) as Amended • Copy of Bill No. 152-31 (COR) as introduced • Public Hearing Sign-in Sheets • Copy of COR Referral of Bill No. 152-31 (COR) • Notices of Public Hearing • Copy of the Public Hearing Agenda

Please take the appropriate action on the attached voting sheet. Your attention to this matter is greatly appreciated. Should you have any questions or concerns, please contact this office.

Si Yu'os ma'iise!

qffice!MailiiiJ.: Addresi: !55 1/e.~/er Place, HtiJ.:afiia Guam 96910

Telep!tone No. (671) 472-5()4715048 • Fax No. (671) 472-S()J:! • Enlilil: SenABPalacio.Y/Lf?mai/.com

COMMITrEE ON PUBUC SAFETY, LAW ENFORCEMENT Be JUDICIARY IMina 'Trentai Uno Na Liheslaturan Gu:lhan

SENATOR ADOLPHO 8. PALACIOS, SR. Chairman

VOTING SHEET ON:

Bill No. 152-31 (COR) as Amended- AN ACT TO AMEND §§77109, 77110.1 THROUGH 77110.4, OF ARTICLE 1, TITLE 10 GUAM CODE ANNOTATED, AND TO REPEAL §77110.5 OF THIS ARTICLE RELATIVE TO THE QUALIFICATION REQUIREMENTS FOR UNIFORMED MANAGEMENT POSITIONS WITHIN THE GUAM POLICE DEPARTMENT. -sponsored by Senator Adolpho B. Palacios, Sr.

SENATOR SIGNATURE TO PASS NOT TO TO REPORT ABSTAIN INACTIVE / PASS OUT ONLY FILE

Adolpho B. Palacios, Sr. tfl{ l'fkll Chairman

Thomas C. Ada

tt/J1/ !J/ Vice Chairman

""' . -

r\. Tina R. Muna-Bames

~ (,'b!J Member

Judith P. Guthertz, DPA V''

Member 14t ~ Rory J. Respicio 'I/ Member

Dennis G. Rodriguez, Jr. LV ~111·11,, Member

Judith T. Won Pat, Ed.D. ;it# f/;;_7~1 Member -r;' _~ t/ 1 ':~ ./ .. v

V. Anthony Ada Member

L Christopher M. Duenas

~ IV Member tf\-2"~lll

Mana Silva Taijeron

~ 'i/:>7/lf Member

Aline A. Yamashita, Ph.D. Member

Oj/ice!Maifiug At/dress: /55/lester Place, H11gaf/ia Guam 96<Jf(l

Teleplwnl! No. (671! 472-504715048 • Fax No. (671! 472-.'i022 • Email: SenABPalacio.V:a:gmail.com

COMMITTEE ON PUBLIC SAFETY, LAW ENFORCEMENT & JUDICIARY IMina 'Trentai Uno Na liheslaturan Gwlhan

SENATOR ADOLPHO B. PALACIOS, SR. Chairman

COMMITTEE REPORT DIGEST

Bill No. 152-31 (COR) - "An act to amend §§77109, 77110.1 through 77110.4, of

Article 1, Title 10 Guam Code Annotated, and to repeal §77110.5 of this article relative to the qualification requirements for uniformed management positions within the Guam Police Department" - sponsored by Senator Adolpho B. Palacios, Sr.

I. OVERVIEW

The Committee on Public Safety, Law Enforcement and Senior Citizens convened the

public hearing on April 22, 2011 at 9:07 a.m. in I Liheslatura's Public Hearing Room. Among the items on the agenda was the consideration of Bill No. 152-31 (COR) - "An act to amend §§77109, 77110.1 through 77110.4, of Article 1, Title 10 Guam Code Annotated, and to repeal §77110.5 of this article relative to the qualification requirements for uniformed management positions within the Guam Police Department," sponsored by Senator Adolpho B. Palacios, Sr.

Public Hearing Requirements

Notices of the hearing were disseminated via facsimile and email to all senators and all main media broadcasting outlets on April15, 2011 (5-day Notice) and on April19, 2011 (48-Hour notice) pursuant to meeting the requirements of the Open Government Law. Notice of the hearing was also posted on the Guam Legislature's website.

Senators Present

Senator Adolpho B. Palacios, Sr., Chairman Senator Anthony V. Ada, Member Senator Mana Silva Taijeron, Member Senator Aline A. Yamashita, Member

Individual(s) registered for oral or written testimony:

Phil Tydingco, Deputy Attorney General, Attorney General's Office, oral testimony Fred E. Bordallo, Chief of Police, Guam Police Department, Oral Testimony, in favor of

the Bill Maurico Sayama, Captain, Guam Police Department, Oral Testimony, in favor of the

Bill Cristobal Castro, Captain, Guam Police Department, Oral Testimony, in favor of the Bill

Offin•/\lailin~: Ad<h-ess: 155 Hesler !'lace, lla~:atila <;uam 969W

Telephone No. (671) 472-5047/5048 • Fax No. (671) 472-5022 • Email: SenABPalacioS'agmail.com

Committee on Public Safety, Law Enforcement & Judiciary Committee Report on Bill No. 152-31 (COR) Page 2 of4

II. SUMMARY OF TESTIMONY AND DISCUSSION

Chairman Adolpho B. Palacios, Sr. convened the public hearing for the Committee on

Public Safety, Law Enforcement and Judiciary at 9:07a.m., read the title of the bill and as the author, introduced and summarized its intent. Chairman Palacios then recognized those in the audience who signed up to provide testimony.

Deputy Attorney General Phil Tydingco, of the Attorney General's Office, provided

oral testimony on the bill. Attorney Tydingco stated that his testimony would deal only with matters pertaining to technical aspects of the bill. He suggested that I Liheslatura consider allowing for other accrediting councils, which are nationally recognized, to be considered in addition to the Council for Higher Education Accreditation (CHEA). For example, if an individual received a degree from Harvard University, he or she would probably not qualify for any of the positions outlined in the bill as this institution may be recognized by another accrediting body and not by CHEA.

Attorney Tydingco also raised an issue found in subsection (f) on page 3 of the bill,

which requires individuals appointed to serve as GPD Chief to submit to and pass a drug-screening test, unless the appointee is a current employee of the Guam Police Department (GPD) occupying a Test Designated Position (IDP). According to Attorney Tydingco, this section may prevent an appointee holding a IDP in another agency from being qualified to serve as police chief. He concluded his testimony by requesting for the Committee to keep the "uniformed classified officer" phrase relative to the appointment of the Police Colonel.

Chairman Palacios thanked Attorney General Phil Tydingco for his observations and

excused him from the panel.

Chief Fred E. Bordallo of the Guam Police Department (GPD) provided oral testimony

in favor of the bill. Chief Bordallo addressed the important standards for the Police Colonel and Police Major positions. He stated that there have been previous discussions at the legislature about education, training, and experience for various positions at GPD. Chief Bordallo noted that he has always supported the idea of striking a reasonable balance between academic and training requirements for GPD' s management positions. According to Chief Bordallo, academic accomplishments augment an employee's ability to effectively and efficiently carry out his or her duties with a more holistic perspective of an organization and its mission. With the qualification requirements that are indicated in Bill No. 152-31 (COR), Chief Bordallo

Committee on Public Safety, Law Enforcement & Judiciary Committee Report on Bill No. 152-31 (COR) Page 3 of4

suggests that these standards help send a message to GPD officers. He noted that

officers who may aspire to achieve the rank of Police Colonel will now understand what it takes to reach this rank.

Chief Bordallo concluded by thanking the Committee for considering his testimony on

the bill and was available for any questions that may be asked by members of the panel.

Captain Maurico Sayama of the Guam Police Department provided oral testimony in

favor of the bill. Captain Sayama stated that he agreed with many of the statements that were made earlier, especially regarding the standardization of qualification requirements for all leadership positions in GPD. Captain Sayama mentioned that he agrees with background checks and tests that are required for the Police Chief, which he believes should be mandated for other uniformed management positions in GPD, as those who occupy these positions must be held to the highest standards.

Captain Sayama extended his appreciation to Committee members for listening to the

recommendations of Chief Bordallo and others who were present to testify on the bill.

Captain Cristobal Castro of the Guam Police Department provided oral testimony in

favor of the bill. He also wished to share those concerns that were brought to his attention by other GPD staff. In summary, Captain Castro asked the Committee to consider allowing for individuals who do not have the required college degree, but have a certain number of college credit hours, to be eligible for the ranks of Police Major or Colonel. He suggested that there are employees who lack a degree, but have a combination of college credit hours and years of experience in a position or detail assignment, who may have what it takes to carry out the duties of a Major or Colonel.

Captain Castro concluded his remarks by asking members of the panel to consider the

recommendations provided in his testimony.

Chairman Palacios noted that for the position of Lieutenant, existing law allows for the

consideration of college credit hours if an applicant does not have the required associate's degree. He stated that of the approximately seventy-five (75) credit hours that an officer has earned to qualify for this position, seventy-five percent (75%) of these credit hours should be focused in the field of law enforcement and public safety.

Committee on Public Safety, Law Enforcement & Judiciary Committee Report on Bill No. 152-31 (COR) Page4 of4

With regards to the testing requirements as raised by Captain Sayama, Chairman

Palacios stated that I Liheslatura exercises caution when considering the enactment of employment qualification requirements. He stated that it was critical for GPD' s leadership to work closely with staff from the Department of Administration (DOA) to establish these standards, as I Liheslatura may simply provide the general parameters.

Following comments made by Chairman Palacios, Senators Mana Silva Taijeron and Aline Yamashita, Ph.D. expressed their appreciation to those who provided testimony

relative to Bill No. 152-31 (COR). They encouraged the Chief of Police and other GPD staff to work closely with representatives from DOA to ensure that the qualifications for various positions are updated regularly, relative to academic and skill set requirements.

Chairman Adolpho B. Palacios, Sr. concluded by declaring that Bill No. 152-31(COR)

was duly heard by the Committee and requested that written testimony be submitted within the next ten (10) days. He adjourned this hearing at 11:18 a.m.

III. WRITTEN TESTIMONIES No written testimony received within the ten (10) day period after the public hearing.

IV. FINDINGS AND RECOMMENDATIONS

The Committee on Public Safety, Law Enforcement and Judiciary finds it necessary to

make appropriate amendments to Article 1 of Title 10 Guam Code Annotated, relative to the qualification requirements for uniformed management positions within the Guam Police Department (GPD). The Committee intends to provide clarity as to what the qualifications are for the Police Colonel, which is a rank, and to ensure that no confusion is made as to who may be eligible to serve as Police Commander, which is a functional title within GPD. The Committee further intends to amend the qualifications for the Chief of Police, and other uniformed management positions, by standardizing language pertaining to drug screening test requirements and recognition of post­secondary institutions, as applicable.

The Committee on Public Safety, Law Enforcement and Judiciary hereby reports out

Bill No. 152-31 (COR), as Amended by the Committee, with the recommendation TO PASS.

I MINA'TRENT AI UNU NA LIHESLA TURAN GUAHAN 2011 (FIRST) Regular Session

Introduced by: ,J ;~

Adolpho B. Palacios, Sr. (}Pf

AN ACT TO AMEND §§77109, 77110.1 THROUGH 77110.4, OF ARTICLE 1, TITLE 10 GUAM CODE ANNOTATED, AND TO REPEAL §77110.5 OF THIS ARTICLE RELATIVE TO THE QUALIFICATION REQUIREMENTS FOR UNIFORMED MANAGEMENT POSITIONS WITHIN THE GUAM POLICE DEPARTMENT.

1 BE IT ENACTED BY THE PEOPLE OF GUAM:

2 Section 1. Legislative Findings and Intent.

3 I Liheslaturan Guahan finds that §§77109 through 77110.5 of Article

4 1, Title 10 Guam Code Annotated (GCA) established the minimum

5 qualification requirements for positions in the Guam Police Department

6 (GPO), including Chief of Police, Police Commander, Police Major, Police

7 Captain, Police Lieutenant, and Police Colonel. In addition to establishing

8 minimum qualifications, §7711 0.1 also requires that the Chief of Police

9 select a Police Commander, "who shall be a uniformed classified officer to

10 hold the rank of Colonel." As written, one could question whether the

11 minimum qualifications found in § 77110.1 was intended for the Police

12 Commander or Police Colonel positions.

13 I Liheslaturan Guahan finds that there is no mention of qualification

14 requirements for the Police Colonel position within Title 10 GCA except for

15 a brief statement found in §77110.5, which simply requires that applicants

vying for such position to have held a Police Major's rank for at least five

2 (5) years. This requirement was included as a miscellaneous item within the

3 government of Guam's FY 2002 budget law, P.L. 26-35, enacted on October

4 1, 2001.

5 It is the intent of I Liheslaturan Guahan to incorporate the substance

6 of §77101.5 into §77101.1, with additional amendments, in order to

7 appropriately recognize the Police Colonel position as a uniformed rank of

8 GPO. These changes will provide clarity as to what the qualifications are for

9 the Police Colonel position, and will ensure that no confusion is made as to

1 o who may be eligible to serve as Police Commander.

II I Liheslaturan Guahan also intends to amend the qualifications for the

I2 Chief of Police and the department's uniformed management positions of

13 Police Colonel, Police Major, Police Captain, and Police Lieutenant by

14 standardizing language pertaining to drug screening test requirements and

15 recognition of post-secondary institutions, as applicable.

I6 Section 2. § 771 09 of Article I, Title 1 0 Guam Code Annotated is

17 hereby amended relative to the qualifications for the Chief of Police.

18 "§77109. Appointment of the Chief of Police.

19 The Chief of Police shall be appointed by I Maga 'Iahen

20 Guahan with the advice and consent of I Liheslaturan Guahan and

21 shall meet the following qualifications:

22 (a) be at least thirty-five (35) years of age;

23 (b) have no less than fifteen (15) years of progressive

24 experience in a government law enforcement position,

25 including at least five (5) years at the supervisory command

26 level, and five (5) years in a senior position with law

27 enforcement management responsibilities;

2

(c) graduatiefted with a bachelor's degree or higher in Police

2 Science, Criminal Justice Administration, Public

3 Administration, Law, or closely related field or discipline,-at

4 from an accredited institution recognized by the Council ef

5 for Higher Education Accreditation (CHEA) or its

6 successors;

7 (d)have no felony, domestic or family violence convictions;

8 (e) have no misdemeanor convictions involving moral

9 turpitude;

I 0 (f) submit to and pass a drug screening test, including, but not

II limited to, urinalysis testing, unless the appointee is a current

12 employee of the Guam Police Department occupying a Test-

13 Designated Position (TDP) pursuant to the department's

14 Drug-Free Workplace Program; and

15 (g) submit to a polygraph examination.

16 (h)No person shall be appointed as Chief of Police before a

17 thorough investigation of the appointee's background and

18 moral character is completed, unless the appointee IS a

19 current employee ofthe Guam Police Department."

20 Section 3. §77110.1 of Article I, Title 10 Guam Code Annotated is

21 hereby amended relative to the qualification requirements for Police

22 Colonel.

23 "§77110.1. Police Camma&der Colonel.

24 The Chief of Police shall select a Police Commander Colonel,

25 who shall be a uniFormed classified officer to hold the rank of Colonel

26 Police Commander. The Police Commander Colonel shall meet the

3

following mtmmum qualifications, expenence, and training, m

2 addition to those prescribed by the Director of Administration:

3 (a) be at least thirty (3 0) years of age; and

4 fb1 ill graduated with a bachelor's master's degree in Police

5 Science, Criminal Justice Administration, or closely related

6 field or discipline, at a nationally from an accredited

7 institution recognized by the Council for Higher Education

8 Accreditation ( CHEA) or its successors, and must have at

9 least two (2) years of experience in the rank of Police Major,

I 0 or equivalent law enforcement experience in administration

1 I or management that requires the minimum knowledge,

12 abilities, and skills to perform the duties of a police major;

13 aREl or

14 (2) graduated with a bachelor's degree in Police Science,

15 Criminal Justice Administration, or closely related field or

16 discipline from an accredited institution recognized by the

17 Council for Higher Education (CHEA) or its successors, and

18 must have at least four ( 4) years of experience in the rank of

19 Police Major, or equivalent law enforcement experience in

20 administration or management that requires the minimum

21 knowledge, abilities, and skills to perform the duties of a

22 police major;

23 W ha·1e no felony, domestie er family Yiolenee eonvietion; and

24 ftB (Q) submit to and pass a drug screening test, including, but

25 not limited to, a urinalysis test other necessary special

26 qualifications as established by the Department

27 of Administration not inconsistent with (a) above."

4

Section 4. § 77110.2 of Article 1, Title 10 Guam Code Annotated is

2 hereby amended relative to the qualifications for Police Major.

3 "§77110.2. Police Major.

4 A Police Major shall be a uniformed cJassified officer and shaH

5 meet the following minimum qualifications, experience, and training,

6 in addition to those prescribed by the Department of Administration:

7 (a) graduated with a bachelor's degree in Police Science,

8 Criminal Justice Administration, Public Administration, or

9 cJosely related field or discipline, at a nationally from an

10 accredited institution recognized by the Council for Higher

11 Education Accreditation (CHEA) or its successors; and

12 (b)must have at least two (2) years of experience in the rank of

13 Police Captain, or equivalent law enforcement experience in

14 administration or management level; and

15 (c) other necessary special qualifications as established by the

16 Department of Administration not inconsistent with (a) and

17 (b) above."

18 Section 5. §77110.3 of Article 1, Title 10 Guam Code Annotated is

19 hereby amended relative to the qualifications for Police Captain.

20 "§77110.3. Police Captain.

21 A Police Captain shall be a uniformed cJassified officer and

22 shall meet the following qualifications, experience, and training, in

23 addition to those prescribed by the Department of Administration:

24 (a) graduated with a bachelor's degree in Police Science,

25 Criminal Justice Administration, Public Administration, or

26 closely related field or discipline, at a nationally from an

5

accredited institution recognized by the Council for Higher

2 Education Accreditation (CHEA) or its successors;

3 (b)must have at least two (2) years of experience in the rank of

4 Police Lieutenant, or equivalent law enforcement experience

5 in administration or management level; and

6 (c) other necessary special qualifications as established by the

7 Department of Administration not inconsistent with (a) and

8 (b) above."

9 Section 6. §77110.4 of Article 1, Title 10 Guam Code Annotated is

10 hereby amended relative to the qualifications for Police Lieutenant.

11 "§7711 0.4. Police Lieutenant.

12 A Police Lieutenant shall be a uniformed classified officer and

13 shall meet the following minimum qualifications, experience, and

14 training, in addition to those prescribed by the Department of

15 Administration:

16 (a) graduated with an Associate's degree in Police Science,

17 Criminal Justice Administration, Public Administration, or

18 closely related field or discipline, at a nationally from an

19 accredited institution recognized by the Council for Higher

20 Education Accreditation (CHEA) or its successors, or

21 successful completion of not less than seventy-five (75)

22 college credits, seventy-five percent (75%) of which are in

23 the field of Law Enforcement, Public Safety, or closely

24 related field of discipline, at a nationally from an accredited

25 institution recognized by the Council for Higher Education

26 (CHEA) or its successors;

6

(b)must have at least two (2) years of experience in the rank of

2 Police Sergeant II, or equivalent law enforcement

3 supervisory experience, or must have at least four ( 4) years

4 of experience in the rank of Police Sergeant I, or equivalent

5 law enforcement supervisory experience; and

6 (c) other necessary special qualifications as established by the

7 Department of Administration not inconsistent with (a) and

8 (b) above."

9 Section 7. §77110.5 of Article 1, Title 10 Guam Code Annotated is

I 0 hereby repealed.

11 "§77110.5. GPD Celeael Pesitiea.

12 Not\vithstanding any other provisions of la·N, the qualifieations

13 for a Guam Police Department ("GPD") colonel must require at the

14 minimlfm that the applicant have held a major's raru( for at least five

15 (5) years."

16 Section 8. Effective Date.

17 The provisions contained herein shall be effective upon the enactment

18 of this Act and shall apply prospectively.

19 Section 9. Severability.

20 If any provision of this Act or its application to any person or

21 circumstance is found to be invalid or contrary to law, such invalidity shall

22 not affect other provisions or applications of this Act which can be given

23 effect without the invalid provisions or application, and to this end the

24 provisions of this Act are severable.

7

I MINA'TRENTAI UNU NA LIHESLATUMN GUAHAN 2011 (FIRST) Regular Session

Bill No. 152-31 (COR) As Amended by the Committee on Public Safety, Law Enforcement and 1 udiciary

Introduced by: Adolpho B. Palacios, Sr.

AN ACT TO AMEND §§77109, 77110.1 THROUGH 77110.4, OF ARTICLE 1, TITLE 10 GUAM CODE ANNOTATED, AND TO REPEAL §77110.5 OF THIS ARTICLE RELATIVE TO THE QUALIFICATION REQUIREMENTS FOR UNIFORMED MANAGEMENT POSITIONS WITHIN THE GUAM POLICE DEPARTMENT.

1 BE IT ENACTED BY THE PEOPLE OF GUAM:

2 Section 1. Legislative Findings and Intent.

3 I Liheslaturan Guahan finds that §§77109 through 77110.5 of Article

4 1, Title 10 Guam Code Annotated (GCA) established the minimum

5 qualification requirements for positions in the Guam Police Department

6 (GPD), including Chief of Police, Police Commander, Police Major, Police

7 Captain, Police Lieutenant, and Police Colonel. In addition to establishing

8 minimum qualifications, §77110.1 also requires that the Chief of Police

9 select a Police Commander, "who shall be a uniformed classified officer to

10 hold the rank of Colonel." As written, one could question whether the

11 minimum qualifications found in §77110.1 was intended also for the Pslie@

12 Csmmafta@r sr Police Colonel ~ssitisfts.

13 I Liheslaturan Guahan finds that there is no mention of qualification

14 requirements for the Police Colonel position within Title 10 GCA except for

1

1 a brief statement found in §77110.5, which simply requires that applicants

2 vying for such position to have held a Police Major's rank for at least five

3 (5) years. This requirement was included as a miscellaneous item within the

4 government of Guam's FY 2002 budget law, P.L. 26-35, enacted on October

5 1, 2001.

6 It is the intent of I Liheslaturan Guahan to incorporate the substance

7 of §77101.5 into §77101.1, with additional amendments, in order to

8 appropriately recognize the Police Colonel position as a uniformed rank of

9 GPD. These changes will provide clarity as to what the qualifications are for

10 the Police Colonel ~@siti@ft, which is a rank, and will ensure that no

11 confusion is made as to who may be eligible to serve as Police Commander~

12 which is a functional title.

13 I Liheslaturan Guahan also intends to amend the qualifications for the

14 Chief of Police and the department's uniformed management positions of

15 Police Colonel, Police Major, Police Captain, and Police Lieutenant by

16 standardizing language pertaining to drug screening test requirements and

17 recognition of post-secondary institutions, as applicable.

18 Section 2. §77109 of Article 1, Title 10 Guam Code Annotated is

19 hereby amended relative to the qualifications for the Chief of Police.

20 "§77109. Appointment of the Chief of Police.

21 The Chief of Police shall be appointed by I Maga 'lahen

22 Guahan with the advice and consent of I Liheslaturan Guahan and

23 shall meet the following qualifications:

24 (a) be at least thirty-five (35) years of age;

25 (b) have no less than fifteen (15) years of progressive

26 experience in a government law enforcement position,

27 including at least five (5) years at the supervisory command

2

1 level, and five (5) years in a semor position with law

2 enforcement management responsibilities;

3 (c) graduatiefl.ed with a bachelor's degree or higher in Police

4 Science, Criminal Justice Administration, Public

5 Administration, Law, or closely related field or discipline,at

6 from an accredited institution recognized by the Council ef

7 for Higher Education Accreditation (CHEA) or its

8 successors;

9 (d) have no felony, domestic or family violence convictions;

10 (e) have no misdemeanor convictions involving moral

11 turpitude;

12 (f) submit to and pass a drug screening test, including, but not

13 limited to, urinalysis testing, unless the appointee is a current

14 employee of the Guam Police Department occupying a Test-

15 Designated Position (TDP) pursuant to the department's

16 Drug-Free Workplace Program; ftft6

17 (g) be of good health and good moral character;

18 (h) submit to psychological testing: ftft6

19 ill~ submit to a polygraph examination'": and

20 U) (h) ~T€l fJ€lf8€lR shall submit to @@ 3pfJ€liRh~d as Chi€lf €lf

21 P€lli€l@ @@ten~ a thorough investigation of di@ apfJ€lint€1@'8 his

22 or her background and moral character is €l€lm:IJl€lt€ld, unless

23 the appointee is a current employee of the Guam Police

24 Department."

25 Section 3. §77110.1 of Article 1, Title 10 Guam Code Annotated is

26 hereby amended relative to the qualification requirements for Police

27 Colonel.

3

1 "§77110.1. Police Cammaoder Colonel.

2 The Chi@f €lf Police shall 8@}@@t a P€lli@@ Commander Colonel'5

3 wOO shall be a uniformed classified officer t€l h€ll8 th@ rallk €lf C€ll€lll@l

4 P€lli@@ C€lmmaftS@f. The Police Commander Colonel. who shall serve

5 as Police Commander, shall meet the following minimum

6 qualifications, experience, and training, in addition to those prescribed

7 by the Director of Administration:

8 (a) be at least thirty (30) years of age; and

9 W ill graduated with a bachelor's master's degree in Police

10 Science, Criminal Justice Administration, Public

11 Administration, or closely related field or discipline, at a

12 nationally from an accredited institution recognized by the

13 Council for Higher Education Accreditation (CHEA) or its

14 successors, and must have at least two (2) years of experience

15 in the rank of Police Major, or equivalent law enforcement

16 experience in administration or management that requires the

17 minimum knowledge, abilities, and skills to perform the duties

18 of a police major; £tfttl. or

19 (2) graduated with a bachelor's degree in Police Science,

20 Criminal Justice Administration, Public Administration, or

21 closely related field or discipline from an accredited institution

22 recognized by the Council for Higher Education Accreditation

23 (CHEA) or its successors, and must have at least four ( 4) years

24 of experience in the rank of Police Major, or equivalent law

25 enforcement experience in administration or management that

26 requires the minimum knowledge, abilities, and skills to

27 perform the duties of a police major;

4

1 W have no felony, domestic or family violence conviction; and

2 W ® submit to and pass a drug screening test, including, but

3 not limited to, a urinalysis test other necessary special

4 qualifications as established by the Department

5 of Administration not inconsistent with (a) above."

6 Section 4. §77110.2 of Article 1, Title 10 Guam Code Annotated is

7 hereby amended relative to the qualifications for Police Major.

8 "§77110.2. Police Major.

9 A Police Major shall be a uniformed classified officer and shall

10 meet the following minimum qualifications, experience, and training,

11 in addition to those prescribed by the Department of Administration:

12 (a) graduated with a bachelor's degree in Police Science,

13 Criminal Justice Administration, Public Administration, or

14 closely related field or discipline, at a nationally from an

15 accredited institution recognized by the Council for Higher

16 Education Accreditation (CHEA) or its successors;~

17 (b) must have at least two (2) years of experience in the rank of

18 Police Captain, or equivalent law enforcement experience in

19 administration or management level; and

20 (c) other necessary special qualifications as established by the

21 Department of Administration not inconsistent with (a) and

22 (b) above."

23 Section 5. §77110.3 of Article 1, Title 10 Guam Code Annotated is

24 hereby amended relative to the qualifications for Police Captain.

25 "§77110.3. Police Captain.

5

1 A Police Captain shall be a uniformed classified officer and

2 shall meet the following qualifications, experience, and training, in

3 addition to those prescribed by the Department of Administration:

4 (a) graduated with a bachelor's degree in Police Science,

5 Criminal Justice Administration, Public Administration, or

6 closely related field or discipline, at a nationally from an

7 accredited institution recognized by the Council for Higher

8 Education Accreditation (CHEA) or its successors;

9 (b) must have at least two (2) years of experience in the rank of

10 Police Lieutenant, or equivalent law enforcement experience

11 in administration or management level; and

12 (c) other necessary special qualifications as established by the

13 Department of Administration not inconsistent with (a) and

14 (b) above."

15 Section 6. §77110.4 of Article 1, Title 10 Guam Code Annotated is

16 hereby amended relative to the qualifications for Police Lieutenant.

17 "§77110.4. Police Lieutenant.

18 A Police Lieutenant shall be a uniformed classified officer and

19 shall meet the following minimum qualifications, experience, and

20 training, in addition to those prescribed by the Department of

21 Administration:

22 (a) graduated with an Associate's degree in Police Science,

23 Criminal Justice Administration, Public Administration, or

24 closely related field or discipline, at a nationally from an

25 accredited institution recognized by the Council for Higher

26 Education Accreditation (CHEA) or its successors, or

27 successful completion of not less than seventy-five (75)

6

1 college credits, seventy-five percent (75%) of which are in

2 the field of Law Enforcement, Public Safety, or closely

3 related field of discipline, at a nationally from an accredited

4 institution recognized by the Council for Higher Education

5 Accreditation (CHEA) or its successors;

6 (b) must have at least two (2) years of experience in the rank of

7 Police Sergeant II, or equivalent law enforcement

8 supervisory experience, or must have at least four ( 4) years

9 of experience in the rank of Police Sergeant I, or equivalent

10 law enforcement supervisory experience; and

11 (c) other necessary special qualifications as established by the

12 Department of Administration not inconsistent with (a) and

13 (b) above."

14 Section 7. §77110.5 of Article 1, Title 10 Guam Code Annotated is

15 hereby repealed.

16 "§77110.5. GPD Colonel Position.

17 Nohvithstanding any other provisions of law, the qualifications

18 for a Guam Police Department ("GPD") colonel must require at the

19 minimum that the applicant have held a major's rank fur at least five

20 (5) years."

21 Section 8. Effective Date.

22 The provisions contained herein shall be effective upon the enactment

23 of this Act and shall apply prospectively.

24 Section 9. Severability.

25 If any provision of this Act or its application to any person or

26 circumstance is found to be invalid or contrary to law, such invalidity shall

27 not affect other provisions or applications of this Act which can be given

7

1 effect without the invalid provisions or application, and to this end the

2 provisions of this Act are severable.

8

e COMMITIEE ON PUBLIC SAFETY, LAW ENFORCEMENT & JUDICIARY

I Mina'Trentai Uno 11a Liheslaturan Guahan

SENATOR ADOlPHO B. PAlACIOS. SR. CHAIR;\\AN

Friday, April 22, 2011

Bill No. 152-31 (COR) -AN ACT TO AMEND §§77109, 77110.1 THROUGH 77110.4, OF ARTICLE 1, TITLE 10 GUAM CODE ANNOTATED, AND TO REPEAL §77110.5 OF THIS ARTICLE RELATIVE TO THE QUALIFICATION REQUIREMENTS FOR UNIFORMED MANAGEMENT POSITIONS WITHIN THE GUAM POLICE DEPARTMENT.­sponsored by Senator Adolpho B. Palacios, Sr.

NAME AGENCY/ORGANIZATION CONTACT ORAL WRITTEN IN NOT IN (Please Print) NUMBER TESTIMONY TESTIMONY FAVOR FAVOR vn \ r-r· :~ / ~ \ vd ( (C., { ___ _!}

v L .t e; (\ r f/2.-~ Q t. ' ! ~1\(.)l'f.. \ \_;

1/rM~~~. G~ ~~ tZ("' / \

Vr n r-Z- /' c~c,~ ___ '? _ ____ _(_~ ~ \~t;,

Bill No. 15:t-31 (COR) Page _--:;I __

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/ --; --'") L-:7-f (./ l ---·--

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1---- - ---

•

COMMITTEE ON RULES I. I Mina'trentai Unu na Liheslaturan GuJhan • The 31st Guam Legislature • I 55 Hesler Place, I-:1agit:fia. Guam %910 • www.gwunlegi.slatu.cum

E-mail: roryforguam@gm.U/.wm • Td: (671)472-7679 • Fax: (671)472-3547

Senator Rory J. Respido

CHAIRPERSON

MAJORITY LEADER

Senator Judith P. Guthertz

VICE CHAIRPERSON

AssT. MAJORITY LEADER

MAJORITY MEMBERS:

Speaker Judith T. Won Pat

Vice Speaker Benjamin}. F. Cruz

Senator Tina Rose Muila Barnes LEGISLATIVE SECRETAilY

MAJORITY WHIP

Senator Dennis G. Rodriguez. Jr.

AssT. MAJORITY WHIP

Senator Thomas C. Ada

Senator Adolpho B. Palacios, Sr.

Senator vkente c. pangdinan

MINORITY MEMBERS:

Senator Aline A. Yamashita

AssT. MINORITY LEADER

Senator Christopher M. Duenas

April 20, 2011

VIA FACSIMILE (671) 472·2825

Ms. Benita Manglona Director Bureau of Budget & Management Research P.O. Box 2950 Hag!tiia, Guam %910

RE: Request for Fiscal Note -Bill Nos.152·31 (COR) through 157-31 (COR)

Hafa Adai Ms. Manglona:

Transmitted herewith is a listing of I Mina'trentai Unu na Liheslaturan Guahan's most recently introduced bills. Pursuant to 2 GCA §9103, I respectfully request the preparation of fiscal notes for the referenced bills.

Si Yu'os ma'dse' for your attention to this matter.

Very Truly Yours,

~cio

Attachments

Cc: Clerk of the Legislature

~AGE CONFIRMATION APR-20-2011 04!10 PM WED

NAME/NUMBER PAGE START TIME ELAPSED TIME MODE RESULTS

4722825 7

FAX NUMBER NAME

APR-20-2011 04:09PM WED 01' 22" STD ECM

[ O.K]

£1i"~ll!ll. COMMITTEE ON RULES I Min41rmt.rti Ulllllf.rl Lih~JAJII1'411 GuJh.m • The 31 ~ Guam Legislature 155 Hdttl'bce. Hopila. Guam 96110·-~

'lfo':!-~1" Jc-mail:~•Td:(671)472-7679•Fax:(671)472·35-i7

s...a­Rory J. Rcspi<:io

Ciu.tJU."Ot.SOH MAJQ .. ITTl.uoU

Sen:uo< jadidt 1'. Gadr.cm.

VJCK Ctt.u~W~.UON AUT. MAJORITY t..,AJ)p

MAJORITY MEMBERS:

J..dithT.r..: Vice Speal<e<

B.njanola J. F. Crw

Senaln< ·nna a- MWia Dame~ U:clSu:t·tvt: S!tCU'tAR.T

M..\.JOikiTll' WRJP

A pt'il 20, 2011

VIA FACSIMILE (671) .i72-2825

M!l. Benita Mangiona Director Bureau of Budget &: Management Research P.O. Box 2950 tlagitoa, Guam 96910

RE: Request f!)t' Flo;cal Note -Bill N011. 152.31 (COR) through 157-31 {COR}

Hap 1\dai Ms. Maoglona:

4772240 GNF

s.n-r Oonai$ G. Rodri~Jt.

ASST. Mi &JOlUT'Y WHU'

Transmitted herewith is a listing of I Miml'f:nmhli U11u na LiJI<'Slahmm Gwlhun's most n.-.:ently introduced bills. Pursuant to 2 CCA §'1!113, I rt.'Sp<.'<."tfully request the preparation of fio;cal notes for the referenced bills.

Senator 'llloma• C. Ada

ScnatM Adnlploo 8. Pala.:ios, St.

MiNORITY MEMBERS:

Senator Aliuc: A. Y:utJ...hic-~

A~!-T. MI'NURIT\' UAD.f.lt

Si Yu'os mu'ds..>' for your attention to this malt.>r.

Very Truly Yours,

~cio

1\tta<h!liNlls

Jackti 4-W-t\ t.t: t{ c;fl'Y'

Bill No. Sponsor(s)

152-31 Adolpho B. (COR) Palacios, Sr.

I Mina'Trentai Unu Na Liheslaturan Guahan Bill Log Sheet April14, 2011

Page 1 of 1

Date Date 120 Day Title Introduced Referred Deadline

AN ACT TO AMEND §§77109, 4/14/11 4/18/11 77110.1 THROUGH 77110.4, OF 4:09p.m. ARTICLE 1, TITLE 10 GUAM CODE ANNOTATED, AND TO REPEAL §77110.5 OF THIS ARTICLE RELATIVE TO THE QUALIFICATION REQUIREMENTS FOR UNIFORMED MANAGEMENT POSITIONS WITHIN THE GUAM POLICE DEPARTMENT.

Committee Public Date Status Referred Hearing Committee (Date)

Date Report Filed Passed? Failed? Vetoed?

Overridden? Public Law?

~ommittee on Public Safety, Law Enforcement and Judiciary

~'

•

- COMMITTEE ON RULES . I Mina'trentai Unu _na Liheslaturan GuJhan ~ The 31 sr Guam Legislature · 1 S S Hesler Place, Haghfia, Guam 96910 • www.gumnkgislaturuom

. E-mail: rory/orguam@gmaj/.com • Tel: (671)472-7679 • Fax: (671)472-3547 -----------~--~---------- ~----·-------------------------- - - -·- ------- - ·- - ----· - -~-- ·- · ·

Senator Rory J. Respido

CHAIRPERSON MAJORITY LEADER

Senator Judith P. Guthertz

VICE CHAIRPERSON AssT. MAJORITY LEADER

MAJORITY MEMBERS:

Speaker Judith T. Won Pat

Vice Speaker Benjamin J. F. Cruz

Senator Tina Rose Mona Barnes LEGISLATIVE SECRETARY

MAJORITY WHIP

Senator Dennis G. Rodriguez, Jr.

AssT. MAJORITY WHIP

Senator Thomas C. Ada

Senator Adolpho B. Palacios, Sr.

Senator vicente c. pangelinan

MINORITY MEMBERS:

Senator Aline A. Yamashita

ASST. MINORITY LEADER

Senator Christopher M. Duenas

April 18, 2011

MEMORANDUM

To:

From:

Pat Santos Clerk of the Legislature

Attorney Therese M. Terlaje Legislative Legal Counsel

Senator Rory J. Respicio Chairperson, Committe on Rules

r-.> _---_,

,... ' ':) :o , •,)

0

Subject Referral of Bill Nos. 152-31 (COR) through 155-31 (COR)

As Chairperson of the Committee on Rules, I am forwarding my referral of Bill Nos. 152-31(COR) through 155-31 (COR).

Please ensure that the subject bills are referred, in my name, to the respective committee, as shown on the attachment. I also request that the same be forwarded to all Senators of I Mina'trentai Unu na Liheslaturan

Gudhan.

Should you have any questions, please feel free to contact our office at 472-7679.

Si Yu 'os ma'dse!

(6) Attachments

Bill No. Sponsor(s)

152-31 Adolpha B. (COR) Palacios, Sr.

IMina 'Trentai Unu Na Liheslaturan Guahan Bill Log Sheet April14, 2011

Page 1 of 1

Date Date 120 Day Title Introduced Referred Deadline

AN ACT TO AMEND §§77109, 4!14/11 4/18/11 77110.1 THROUGH 77110.4, OF 4:09p.m. ARTICLE 1, TITLE 10 GUAM CODE ANNOTATED, AND TO REPEAL §77110.5 OF THIS ARTICLE RELATIVE TO THE QUALIFICATION REQUIREMENTS FOR UNIFORMED MANAGEMENT POSITIONS WITHIN THE GUAM POLICE DEP ARTM~NI._ ___

Committee Public Date Status Referred Hearing Committee (Date)

Date Report Filed Passed? Failed? Vetoed?

Overridden? Public Law?

f:ommittee on Public Safety, ~w ~nforcement ~nd Judiciary

-'-

COMMITrEE ON PUBUC SAFETY, LAW ENFORCEMENT & JUDICIARY IMina 'Trentai Unu Na Liheslaturan Gwlhan

SENATOR ADOLPHO 8. PALACIOS, SR. Chairman

PRESS RELEASE

FIRST NOTICE OF PUBLIC HEARING Friday, April 22, 2011 - 9:00 am

FOR IMMEDIATE RELEASE

(Hagatna, Guam - April15, 2011)

In accordance with the Open Government Law, Public Law No. 24-109, relative to notice for

public meetings. Please be advised that the Committee on Public Safety, Law Enforcement, and Judiciary will be conducting a public hearing starting at 9:00 am, Friday, April 22, 2011, at I Liheslaturan Gutlhan's Public Hearing Room in Hagatiia, on the following:

• Bill No. 110-31 (COR) - AN ACT RELATIVE TO ESTABLISHING QUALIFICATIONS FOR THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS BY REPEALING §3113, ARTICLE 1, CHAPTER 3 OF TITLE 5

GUAM CODE ANNOTATED AND TO ADDING A NEW §90.11 TO ARTICLE 1, CHAPTER 90 OF TITLE 9 GUAM CODE ANNOTATED.- sponsored by Senator Adolpho B. Palacios, Sr.

• Bill No. 130-31 (LS) - AN ACT TO REPEAL §3105, ARTICLE 1, CHAPTER 3 OF TITLE 5 GUAM CODE ANNOTATED AND TO ADD A NEW §72101.1 TO CHAPTER 72 OF TITLE 10 GUAM CODE ANNOTATED, RELATIVE TO THE

QUALIFICATIONS FOR CHIEF OF THE GUAM FIRE DEPARTMENT. -sponsored by Senator Adolpho B. Palacios, Sr.

• Bill No. 152-31 (COR) - AN ACT TO AMEND §§77109, 77110.1 THROUGH 77110.4, OF ARTICLE 1, TITLE 10 GUAM CODE ANNOTATED, AND TO REPEAL §77110.5 OF TillS ARTICLE RELATIVE TO THE QUALIFICATION REQUIREMENTS FOR UNIFORMED MANAGEMENT POSITIONS WITHIN THE GUAM POLICE

DEPARTMENT.- sponsored by Senator Adolpho B. Palacios, Sr.

Copies of the aforementioned Bill(s) may be obtained at I Liheslaturan Guilhan's website at www.guamlegislature.com. Testimonies should be addressed to Senator Adolpho B. Palacios, Sr., Chairperson, and will be accepted via hand deliver to our office, or our mailbox at the Main Legislature Building at 155 Hesler Place, Hagatna, Guam 96910, or via email to SenABPalacios@gmail.com, or via facsimile to (671) 472-5022, until 5:00 pm, May 7, 2011. Individuals requiring special accommodations or services, please contact Julian Janssen or Jennifer Dulla at (671) 472-5047/5048.

Office/Mailing Address: 155 Hesler Place, Hagatfla Guam 96910

Telephone No. (671) 472-504715048 • Fax No. (671) 472-5022 • Email: SenABPalacim@gmail.com

Gmail- First Notice of Public Hearing scheduled for April22, 2011 Page 1 of2

G~ail Adolpho Palacios <senabpalacios@gmail.com> ~oyGooglc

First Notice of Public Hearing scheduled for April 22, 2011 1 message

Adolpho Palacios <senabpalacios@gmail.com> Fri, Apr 15, 2011 at 8:43 AM To: speaker@judiwonpat.com, Senator Tom Ada <tom@senatorada.org>, "V. Anthony Ada" <senatortonyada@guamlegislature.org>, senator@tinamunabarnes.com, "Senator Frank F. Bias, Jr." <frank.blasjr@gmail.com>, "Benjamin JF Cruz" <senator@senatorbjcruz.com>, "Christopher M. Duenas" <duenasenator@gmail.com>, judiguthertz@gmail.com, "Sam Mabini" <senatorsam@senatormabini.com>, "Senator Ben C. Pangelinan" <senbenp@guam.net>, "Senator Rory J. Respicio" <cor@guamlegislature.org>, "Dennis G. Rodriguez" <senatordrodriguez@gmail.com>, Mana Silva Taijeron <senatormana@gmail.com>, Aline Yamashita <Aiine4families@gmail.com> Cc: "Steven A. Dierking" <steve@believeinguam.com>, cyrus@senatorada.org, Mary Fejeran <maryfejeran@gmail.com>, garrett.duenas@senatorbjcruz.com, chris.carillo@senatorbjcruz.com, leonguerrero.angela@gmail.com, Leslie Gatan <leslie.g@senatormabini.com>, cipo@guamlegislature.org, Stephanie Mendiola <sem@guamlegislature.org>, elainevtll@gmail.com, cherbert.senatordrodriguez@gmail.com, chechsantos@gmail.com, alerta .jermaine@gmail.com, evelyn4families@gmail.com, louise_ atalig@yahoo.com, "Atty. Therese Terlaje" <tterlaje@guam.net>, clerks@guamlegislature.org, Pat Santos <psantos@guamlegislature.org>, Rennae Perez <rennae@guamlegislature.org>, sgtarms@guamlegislature.org, yong@guamlegislature.org, mis@guamlegislature.org

PRESS RELEASE

FIRST NOTICE OF PUBLIC HEARING

Friday, April22, 2011-9:00 am

FOR IMMEDIATE RELEASE

(Hagatna, Guam - April15, 2011)

In accordance with the Open Government Law, Public Law No. 24-109, relative to notice for public meetings. Please be advised that the Committee on Public Safety, Law Enforcement, and Judiciary will be conducting a public hearing starting at 9:00 am, Friday, April 22, 2011, at I Liheslaturan Gudhan's Public Hearing Room in Hagiitfia, on the following:

• Bill No. 110-31 (COR)- AN ACT RELATIVE TO ESTABLISHING QUALIFICATIONS FOR THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS BY REPEALING §3113,

1_ ..__._ II •t "1 10 • '"'n •t .-A'"" -1 "1 n A r n •

Gmail- First Notice ofPublic Hearing scheduled for April 22, 2011 Page 2 of2

ARTICLE 1, CHAPTER 3 OF TITLE 5 GUAM CODE ANNOTATED AND TO ADDING A NEW §90.11 TO ARTICLE 1, CHAPTER 90 OF TITLE 9 GUAM CODE ANNOTATED. -sponsored by Senator Adolpha B. Palacios, Sr.

• Bill No. 130-31 (LS) - AN ACT TO REPEAL §3105, ARTICLE 1, CHAPTER 3 OF TITLE 5 GUAM CODE ANNOTATED AND TO ADD A NEW §72101.1 TO CHAPTER 72 OF TITLE 10 GUAM CODE ANNOTATED, RELATIVE TO THE QUALIFICATIONS FOR CHIEF OF THE GUAM FIRE DEPARTMENT.- sponsored by Senator Adolpha B. Palacios, Sr.

• Bill No. 152-31 (COR) - AN ACT TO AMEND §§77109, 77110.1 THROUGH 77110.4, OF ARTICLE 1, TITLE 10 GUAM CODE ANNOTATED, AND TO REPEAL §77110.5 OF THIS ARTICLE RELATIVE TO THE QUALIFICATION REQUIREMENTS FOR UNIFORMED MANAGEMENT POSITIONS WITHIN THE GUAM POLICE DEPARTMENT. - sponsored by Senator Adolpha B. Palacios, Sr.

Copies of the aforementioned Bill(s) may be obtained at I Liheslaturan Guahan's website at www.guamlegislature.com. Testimonies should be addressed to Senator Adolpho B. Palacios, Sr., Chairperson, and will be accepted via hand deliver to our office, or our mailbox at the Main Legislature Building at 155 Hesler Place, Hagatna, Guam 96910, or via email to SenABPalacios@gmail.com, or via facsimile to (671) 472-5022, until 5:00 pm, May 7, 2011. Individuals requiring special accommodations or services, please contact Julian Janssen or Jennifer Dulla at (671) 472-5047/5048 .

1 ~ .t I I '1 '1 '" • ,... n '1 l""l"\""' 1 1 o A .r n · '0 • n .1 1 I"'\ rt:" .,,..., r

Gmail- First Notice of Public Hearing scheduled for April 22, 2011 Page 1 of2

c~air Adolpha Palacios <senabpalacios@gmail.com> t.yCoogle

First Notice of Public Hearing scheduled for April 22, 2011 1 message

Adolpha Palacios <senabpalacios@gmail.com> Fri, Apr 15, 2011 at 8:38 AM To: sabrina@kuam.com, jason@kuam.com, mindy@kuam.com, malafunkshun@kuam.com, news@guampdn.com, Catriona Melyan <cmelyan@guampdn.com>, dmgeorge@guampdn.com, mpieper@guampdn.com, amier@mvguam.com, advertise@mvguam .com, zytaitano@gmail.com, news@spbguam .com, clynt@spbguam.com, jtyquiengco@spbguam .com, jontalk@k57.com, breakfastshowk57@gmail.com, kstonews@ite.net, kstokish@gmail.com

PRESS RELEASE

FIRST NOTICE OF PUBLIC HEARING

Friday, April 22, 2011 - 9:00 am

FOR IMMEDIATE RELEASE

(Hagatna, Guam - April15, 2011)

In accordance with the Open Government Law, Public Law No. 24-109, relative to notice for public meetings. Please be advised that the Committee on Public Safety, Law Enforcement, and Judiciary will be conducting a public hearing starting at 9:00 am, Friday, April 22, 2011, at I Liheslaturan Gud.han's Public Hearing Room in Hagatiia, on the following:

• Bill No. 110-31 (COR)- AN ACT RELATIVE TO ESTABLISHING QUALIFICATIONS FOR THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS BY REPEALING §3113, ARTICLE 1, CHAPTER 3 OF TITLE 5 GUAM CODE ANNOTATED AND TO ADDING A NEW §90.11 TO ARTICLE 1, CHAPTER 90 OF TITLE 9 GUAM CODE ANNOTATED. -sponsored by Senator Adolpho B. Palacios, Sr.

• Bill No. 130-31 (LS) - AN ACT TO REPEAL §3105, ARTICLE 1, CHAPTER 3 OF TITLE 5 GUAM CODE ANNOTATED AND TO ADD A NEW §72101.1 TO CHAPTER 72 OF TITLE 10 GUAM CODE ANNOTATED, RELATIVE TO THE QUALIFICATIONS FOR CHIEF OF THE GUAM FIRE DEPARTMENT. -sponsored by Senator Adolpho B. Palacios, Sr.

Gmail- First Notice of Public Hearing scheduled for April 22, 2011 Page 2 of2

• Bill No. 152-31 (COR)- AN ACT TO AMEND §§77109, 77110.1 THROUGH 77110.4, OF ARTICLE 1, TITLE 10 GUAM CODE ANNOTATED, AND TO REPEAL §77110.5 OF THIS ARTICLE RELATIVE TO THE QUALIFICATION REQUIREMENTS FOR UNIFORMED MANAGEMENT POSITIONS WITHIN THE GUAM POLICE DEPARTMENT. - sponsored by Senator Adolpho B. Palacios, Sr.

Copies of the aforementioned Bill(s) may be obtained at I Liheslaturan Guahan's website at www.guamlegislature.com. Testimonies should be addressed to Senator Adolpho B. Palacios, Sr., Chairperson, and will be accepted via hand deliver to our office, or our mailbox at the Main Legislature Building at 155 Hesler Place, Hagatna, Guam 96910, or via email to SenABPalacios@gmail.com, or via facsimile to (671) 472-5022, until 5:00 pm, May 7, 2011. Individuals requiring special accommodations or services, please contact Julian Janssen or Jennifer Dulla at (671) 472-5047/5048.

Destilldtion Stdrt Tiae

PON 04-15 08:03 KUAH 04-15 08:03 PNC 04-15 08:04 1<57 04-15 08:05

Broadcast RePOrt

Tille Prints 00:00:37 0011001 00:00:25 001/001 00:00:22 0011001 00:00:20 001/001

Result OK OK OK OK

Note

p 1 04/15/2011 08:11

seridl No. A02E011003085 TC: 130520

HIT RADIO 100 04-15 08:05 00:00:20 001/001 OK KSTO 04-15 08:06 00:00:43 001/001 OK GLIMPSES 04-15 08:08 00:00:20 001/001 OK MAR JANAS VAR I fJY 04-15 08:08 00:00:24 001/001 OK KSTEREOt KISH 04-15 08:09 00:00:43 0011001 OK JOV 92 fH 04-15 08: 11 00:00:19 0011001 OK IG>RG 04-15 08:11 00:00:20 0011001 OK

Note

Result OK: communicdtion OK, S-OK: Stop coaauniCdtion, PW-OFF: Power Switch OFF, TEL: RX from TEL, NG: Other Error, Cont: Continue, No Ans: No Answer, Refuse: Receipt Refused, Busy: Busy, H-Full:HelorY Full, LOVR:Recetving length OVer, POVER:Receiving page over, FIL:File Error, OC:Decode Error, lt)N:HON ResPOnse Error, OSN:OSN ResPOnse Error.

C::e> .......... .....-rat:K ON PU-L..IC:: SA.I""E'T"Y. I...A.W EN...-c>ftC::EC ... EINT 8c JUDIC::IA.RY .r 1\.#i.nA ~.l"tnCAi C.Jnu .N".111 L....Lhc.shtur-aJ7 c;;uJL:a.n

SE-~T<>R A.DC>LPI-IIC> 13. P~~C::IC>S, SR. Chafr7na.n

PRESS RELEASE

FIRST NOTICE OF PUBLIC: _..EARING Friday, Apri1 2.2, 2011 - 9:00 am

FOR ~DLATE RELEASE (;Hagatna, Guano -April 25, 20ZZ)

In accorda:nce wUh. the Open Goverru:nen.t: Law, Pu.bllc Law No. 24-109, relat:i:ve t:o ~otice for public meetings. Please be ad-vised t:hat the Conun:itlee ~ Public Safety, Law En.forceme~t, an.d Judiciary will be ~d"'ctin.g a ~lie ~ starting at: 9:00 ..,._. Friday, April 22, 2011, at: I Liheslaturan GuAhA.n's Public ~earing Rooxn in Hagdt-ffa, nn t:he follo~g:

Bill No. 11o-31 (COR) Al'-J ACT RELATIVE TC> ESTABLISFIING QUALIFICATIONS FOR ~E DIRECTOR OF ~E DEP.A.RT-ENT OF CORRECTIONS BY REPEALING §31..13, ARTICLE 1, CI-IA.PTER 3 C>F TITLE 5

GU~ CC>DE ANNCYTATED AND TC> ADDING A 1'-JEW §90.11 TC> ARTICLE 1., CJ-IA.PTER 90 C>F TITLE 9 GU~ CC>DE Al'-JNC>TA-rED. -sponsored by Senator Adolpho B. Palacios, Sr.

Bill No. 130-31 (LS) - .A1'-J ACT TC> REPEAL §3105, ARTICLE 1, CHAPTER 3 C>F TITLE 5 GU.Alovl CC>DE .A:r-.JNCYTA'I"ED AND TC> ADD A NEW §72101.1 T'C> CI-IA.PTER 72 C>F TITLE 10 GUA!vl CC>DE ANNC>TA'I"ED, RELATIVE T'C> TH:E QUALIFICATIONS FOR CI-llEF OF ~ GUA- FIRE DEPART~. -spnnsored by Senator Adolpho B. Palacio-. Sr.

Bill No. 1!52-31 (COR)- AN ACT T'C) .A!vi:END §§77109, 77110.1 TH:R.C>UGH 77110.4, C>F ARTICLE 1, "ITTLE 10 GU~ CC>DE ANNCYTATED, AND TC> REPEAL §77110.5 C>F TH:IS ARTICLE REL.A TIVE TC> TH:E QUALIFIC.A TION REQUIR.~NTS FOR. UNIFO~D ~NAG~NT POSITIONS ~ ~E GU~ POLICE DEPAR~.- sponsored by Senator Adolpho B. Palacios, Sr.

Copies oE the af'oroen'l.erttion.ed Bill(s) may be obtain-ed at I Lih~l4turan Gu.dlu:ln's website at ww-w-guamleg:i.alat"Ur.!!! ... corn.... T~~io~~tS •h.ould be addreseed to Sen•~or Adolpho B. Palacios .. Sr~ .. Ch.airperson..­a..n.d "W"ill be acc:::etpobed via hand deliver to our oE:fice,... or our ma..:iibox at the ~in I .... egUdatu.re Bu.ilding at: l.S.5 Hesler Place.. Hagat::na... Guam 969"10,. or v.l.a. 4H'n.ail to- SenABPalacigsCWgmail ... CQJD or via E•cslmil• "to (671.) 472-.5022.- rmt:il .5;<XJ p-rn... Jt.4ay 7 .. 20"1.1. lrK.lividuat. requ.irin.g sped.al a.cx:orrun.<Klati~ or s.ervlC~eS.. plee..se contact Julian J~ or Je.n.ni£er Du.ll.a at (671) 472~7.15048-

Of}'lc~o.ill"' Add,-«s.s: LS$ H-ler ,.,ace. H-.,.,-,lfa G-.,_,. 96910

Tel.-pho,.4t/Vo.. (671.) 4'7;1-$0..,7/$0~6 "' Fax No. ("67I_J 472-$022 • ~lr-· S'n.ADPal•d~,_«<l~co'"

Gmail- Second Notice of Public Hearing scheduled for April22nd. Page 1 of2

G181ail Adolpho Palacios <senabpalacios@gmail.com> bfGoogle

Second Notice of Public Hearing scheduled for April 22nd. 1 message

Adolpho Palacios <senabpalacios@gmail.com> Tue, Apr 19, 2011 at 10:54 AM To: speaker@judiwonpat.com, Senator Tom Ada <tom@senatorada.org>, "V. Anthony Ada" <senatortonyada@guamlegislature.org>, senator@tinamunabarnes.com, "Senator Frank F. Bias, Jr." <frank.blasjr@gmail.com>, "Benjamin JF Cruz" <senator@senatorbjcruz.com>, "Christopher M. Duenas" <duenasenator@gmail.com>, judiguthertz@gmail.com, "Sam Mabini" <senatorsam@senatormabini .com>, "Senator Ben C. Pangelinan" <senbenp@guam.net>, "Senator Rory J. Respicio" <cor@guamlegislature.org>, "Dennis G. Rodriguez" <senatordrodriguez@gmail.com>, Mana Silva Taijeron <senatormana@gmail.com>, Aline Yamashita <Aiine4families@gmail.com> Cc: "Steven A. Dierking" <steve@believeinguam.com>, nsantos@senatorada.org, cyrus@senatorada.org, louise_atalig@yahoo.com, chelsa@tinamunabarnes.com, Mary Fejeran <maryfejeran@gmail.com>, garrett.duenas@senatorbjcruz.com, chris.carillo@senatorbjcruz.com, leonguerrero.angela@gmail.com, Leslie Gatan <leslie.g@senatormabini.com>, cipo@guamlegislature.org, Stephanie Mendiola <sem@guamlegislature.org>, cherbert.senatordrodriguez@gmail.com, chechsantos@gmail.com, alerta.jermaine@gmail.com, evelyn4families@gmail.com, "Atty. Therese Terlaje" <tterlaje@guam.net>, Pat Santos <psantos@guamlegislature.org>, clerks@guamlegislature.org, Rennae Perez <rennae@guamlegislature.org>, sgtarms@guamlegislature.org, mis@guamlegislature.org, yong@guamlegislature.org

PRESS RELEASE

SECOND NOTICE OF PUBLIC HEARING

Friday, April 22, 2011- 9:00am

FOR IMMEDIATE RELEASE

(Hagatna, Guam - April19, 2011)

In accordance with the Open Government Law, Public Law No. 24-109, relative to notice for public meetings. Please be advised that the Committee on Public Safety, Law Enforcement, and Judiciary will be conducting a public hearing starting at 9:00 am, Friday, April 22, 2011, at I Liheslaturan

Gudhan's Public Hearing Room in Hagiitiia, on the following:

• Bill No. 110-31 (COR)- AN ACT RELATIVE TO ESTABLISHING QUALIFICATIONS

1 ,, II

Gmail - Second Notice of Public Hearing scheduled for April 22nd. Page 2 of2

FOR THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS BY REPEALING §3113, ARTICLE 1, CHAPTER 3 OF TITLE 5 GUAM CODE ANNOTATED AND TO ADDING A NEW §90.11 TO ARTICLE 1, CHAPTER 90 OF TITLE 9 GUAM CODE ANNOTATED. -sponsored by Senator Adolpho B. Palacios, Sr.

• Bill No. 130-31 (LS) - AN ACT TO REPEAL §3105, ARTICLE 1, CHAPTER 3 OF TITLE 5 GUAM CODE ANNOTATED AND TO ADD A NEW §72101.1 TO CHAPTER 72 OF TITLE 10 GUAM CODE ANNOTATED, RELATIVE TO THE QUALIFICATIONS FOR CHIEF OF THE GUAM FIRE DEPARTMENT. -sponsored by Senator Adolpho B. Palacios, Sr.

• Bill No. 152-31 (COR)- AN ACT TO AMEND §§77109, 77110.1 THROUGH 77110.4, OF ARTICLE 1, TITLE 10 GUAM CODE ANNOTATED, AND TO REPEAL §77110.5 OF THIS ARTICLE RELATIVE TO THE QUALIFICATION REQUIREMENTS FOR UNIFORMED MANAGEMENT POSITIONS WITHIN THE GUAM POLICE DEPARTMENT. - sponsored by Senator Adolpho B. Palacios, Sr.

Copies of the aforementioned Bill(s) may be obtained at I Liheslaturan Guahan's website at www.guamlegislature.com. Testimonies should be addressed to Senator Adolpho B. Palacios, Sr., Chairperson, and will be accepted via hand deliver to our office, or our mailbox at the Main Legislature Building at 155 Hesler Place, Hagatna, Guam 96910, or via email to SenABPalacios@gmail.com, or via facsimile to (671) 472-5022, until 5:00pm, May 7, 2011. Individuals requiring special accommodations or services, please contact Julian Janssen or Jennifer Dulla at (671) 472-5047/5048 .

• 0 ... o .. t 1 l"'\rr1 AA A/1A/I"'\A11

Gmail - Second Notice of Public Hearing scheduled for April 22nd Page 1 of2

GB~air Adolpho Palacios <senabpalacios@gmail.com> "'Coogle

Second Notice of Public Hearing scheduled for April 22nd 1 message

Adolpho Palacios <senabpalacios@gmail.com> Tue, Apr 19,2011 at 10:55 AM To: sabrina@kuam.com, jason@kuam.com, mindy@kuam.com, news@guampdn.com, Catriona Melyan <cmelyan@guampdn .com>, dmgeorge@guampdn.com, mpieper@guampdn.com, amier@mvguam .com, advertise@mvguam .com, zytaitano@gmail.com, news@spbguam .com, clynt@spbguam .com, jtyquiengco@spbguam .com, jontalk@k57 .com, rgibson@k57 .com, kstonews@ite.net

PRESS RELEASE

SECOND NOTICE OF PUBLIC HEARING

Friday, April 22, 2011-9:00 am

FOR IMMEDIATE RELEASE

(Hagatna, Guam -April 19, 2011)

In accordance with the Open Government Law, Public Law No. 24-109, relative to notice for public meetings. Please be advised that the Committee on Public Safety, Law Enforcement, and Judiciary will be conducting a public hearing starting at 9:00 am, Friday, April 22, 2011, at I Liheslaturan Guiihan's Public Hearing Room in Hagiitfia, on the following:

• Bill No. 110-31 (COR) - AN ACT RELATIVE TO ESTABLISHING QUALIFICATIONS FOR THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS BY REPEALING §3113, ARTICLE 1, CHAPTER 3 OF TITLE 5 GUAM CODE ANNOTATED AND TO ADDING A NEW §90.11 TO ARTICLE 1, CHAPTER 90 OF TITLE 9 GUAM CODE ANNOTATED. -sponsored by Senator Adolpho B. Palacios, Sr.

• Bill No. 130-31 (LS) - AN ACT TO REPEAL §3105, ARTICLE 1, CHAPTER 3 OF TITLE 5 GUAM CODE ANNOTATED AND TO ADD A NEW §72101.1 TO CHAPTER 72 OF TITLE 10 GUAM CODE ANNOTATED, RELATIVE TO THE QUALIFICATIONS FOR CHIEF OF THE GUAM FIRE DEPARTMENT.- sponsored by Senator Adolpho B. Palacios, Sr.

Gmail- Second Notice of Public Hearing scheduled for April 22nd Page 2 of2

• Bill No. 152-31 (COR)- AN ACT TO AMEND §§77109, 77110.1 THROUGH 77110.4, OF ARTICLE 1, TITLE 10 GUAM CODE ANNOTATED, AND TO REPEAL §77110.5 OF TI-llS ARTICLE RELATIVE TO THE QUALIFICATION REQUIREMENTS FOR UNIFORMED MANAGEMENT POSITIONS WITHIN THE GUAM POLICE DEPARTMENT.- sponsored by Senator Adolpho B. Palacios, Sr.

Copies of the aforementioned Bill(s) may be obtained at I Liheslaturan Gudhan's website at www.guamlegislature.com. Testimonies should be addressed to Senator Adolpho B. Palacios, Sr., Chairperson, and will be accepted via hand deliver to our office, or our mailbox at the Main Legislature Building at 155 Hesler Place, Hagatna, Guam 96910, or via email to SenABPalacios@gmail.com, or via facsimile to (671) 472-5022, until 5:00 pm, May 7, 2011. Individuals requiring special accommodations or services, please contact Julian Janssen or Jennifer Dulla at (671) 472-5047/5048.

1 " Jl •t

DATE:

TO:

FROM:

SUBJECT:

PAGES:

COMMITTEE ON PUBLIC SAFETY, LAW ENFORCEMENT & JUDICIARY IMina 'Trentai Uno Na Liheslaturan Gw1han

SENATOR ADOLPHO B. PALACIOS, SR. Ch:Urman

FACSIMILE TRANSMITTAL SHEET

April19, 2011

Pacific Daily News 477-3079

Marianas Variety 648-2007 KUAM/Isla 630 637-9865/9870

Pacific News Center 477-0793 Marianas Media 477-2240 K-57/Power 98 477-3982 Hit Radio 100 472-7663 KStereo/KISH 477-6411 Glimpses 649-8883

Office of Senator Adolpho B. Palacios, Sr.

PRESS RELEASE

2 (including this sheet)

PLEASE SEE ATTACHED. THANK YOU FOR YOUR KIND ATTENTION.

Office/Mailing Ad<lress: 155 Hesler Place, Hagatlla Guam 96910

Telephone No. (671) 472-504715048 • Fax No. (671) 472-5021 • Email: SenABPalacio~mai/.com

COMMITTEE ON PUBUC SAFETY, LAW ENFORCEMENT & JUDICIARY IMina 'Trentai Unu Na liheslaturan Gwlhan

SENATOR ADOLPHO 8. PALACIOS, SR. l'w Chairman '7'

PRESS RELEASE

SECOND NOTICE OF PUBLIC HEARING Friday, April 22, 2011 - 9:00 am

FOR IMMEDIATE RELEASE

(Hagatna, Guam - April19, 2011)

In accordance with the Open Government Law, Public Law No. 24-109, relative to notice for

public meetings. Please be advised that the Committee on Public Safety, Law Enforcement, and Judiciary will be conducting a public hearing starting at 9:00 am, Friday, April 22, 2011, at I Liheslaturan Guahan's Public Hearing Room in Hagiitiia, on the following:

• Bill No. 110-31 (COR) - AN ACT RELATIVE TO ESTABLISHING QUALIFICATIONS FOR THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS BY REPEALING §3113, ARTICLE 1, CHAPTER 3 OF TITLE 5

GUAM CODE ANNOTATED AND TO ADDING A NEW §90.11 TO ARTICLE 1, CHAPTER 90 OF TITLE 9 GUAM CODE ANNOTATED.- sponsored by Senator Adolpho B. Palacios, Sr.

• Bill No. 130-31 (LS) - AN ACT TO REPEAL §3105, ARTICLE 1, CHAPTER 3 OF TITLE 5 GUAM CODE ANNOTATED AND TO ADD A NEW §72101.1 TO CHAPTER 72 OF TITLE 10 GUAM CODE ANNOTATED, RELATIVE TO THE

QUALIFICATIONS FOR CHIEF OF THE GUAM FIRE DEPARTMENT. -sponsored by Senator Adolpho B. Palacios, Sr.

• Bill No. 152-31 (COR) - AN ACT TO AMEND §§77109, 77110.1 THROUGH 77110.4, OF ARTICLE 1, TITLE 10 GUAM CODE ANNOTATED, AND TO REPEAL §77110.5 OF TinS ARTICLE RELATIVE TO 1HE QUALIFICATION REQUIREMENTS FOR UNIFORMED MANAGEMENT POSITIONS WITHIN THE GUAM POLICE

DEPARTMENT. - sponsored by Senator Adolpho B. Palacios, Sr.

Copies of the aforementioned Bill(s) may be obtained at I Liheslaturan Guahan 's website at www.guamlegislature.com. Testimonies should be addressed to Senator Adolpho B. Palacios, Sr., Chairperson, and will be accepted via hand deliver to our office, or our mailbox at the Main Legislature Building at 155 Hesler Place, Hagatna, Guam 96910, or via email to SenABPalacios@gmail.com, or via facsimile to (671) 472-5022, until 5:00pm, May 7, 2011. Individuals requiring special accommodations or services, please contact Julian Janssen or Jennifer Dulla at (671) 472-5047/5048.

Office/Mailing Address: /55 Hesler Place, Hagatfla Guam 96910

Telephone No. (671) 472-504715048 • Fax No. (671) 472-5022 • Email: SenABPalacios(ijJgmail.com

Broadcast RePOrt p 1 04/19/2011 10:37

Serial No. A02E011003085

Destination Start Tille Tille Prints Result Note

PON 04-19 10:20 00:01:56 004/004 OK mAli 04-19 10:22 00:01:03 004/004 OK PNC 04-19 10:23 00:00:46 004/004 OK KS7 04-19 10:24 00:00:38 004/004 OK HIT RADIO 100 04-19 10:25 00:00 :39 004/004 OK I<STO 04-19 10:26 00:01:35 004/004 OK Glltf>SES 04-19 10:28 00:00:41 004/004 OK MAR JANAS VAR I ElY 04-19 10:34 00:01:36 004/004 OK I<STEREO/ KISH 04-19 10:36 00:01:35 004/004 OK

Note

Result OK: COIIIUnication OK, S-OK: Stop COIIIIUnication, PW-OFF: Power Switch OFF, TEL: RX from TEL, NG: Other Error, cont: continue, No Ans: No Answer, Refuse: Receipt Refused, Busy: BUSY, H-Full:Hellory Full , LOVR:Receiving length over, POVER:Receiving page over, FIL:Ftle Error, DC: Decode Error, lt)H: HON ResPOnse Error, OSN: DSN ResPOnse Error.

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£ACSIMILE TRA.NSl\tLITTAL SHEET

April 19, 2011

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<>lffice olf Se:n.at:or Adolpho B. Pala.ci.os, Sr.

PRESS RELEASE

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PI...EA..SE SEE A"'-rAC:I-IEI>. TI-IA.N"KYOU FOR YOUR KI"NI> ATTE"NTIO"N.

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COMMITTEE ON PUBLIC SAFETY, LAW ENFORCEMENT & JUDICIARY IMina 'Trentai Uno Na liheslaturan Guahan

SENATOR ADOLPHO B. PALACIOS, SR. Chairman

PUBLIC HEARING

9:00am, Friday, April22, 2011 I Liheslaturan Guiihan's Public Hearing Room, Hagatfia

AGENDA

I. Call to Order

II. Opening Remarks/ Announcements

III. Items for Public Consideration

• Bill No. 110-31 (COR)- AN ACT RELATIVE TO ESTABLISHING QUALIFICATIONS FOR THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS BY REPEALING §3113, ARTICLE 1, CHAPTER 3 OF TITLE 5 GUAM CODE ANNOTATED AND TO ADDING A NEW §90.11 TO ARTICLE 1, CHAPTER 90 OF TITLE 9 GUAM CODE ANNOTATED. -sponsored by Senator Adolpho B. Palacios, Sr.

• Bill No. 130-31 (LS)- AN ACT TO REPEAL §3105, ARTICLE 1, CHAPTER 3 OF TITLE 5 GUAM CODE ANNOTATED AND TO ADD A NEW §72101.1 TO CHAPTER 72 OF TITLE 10 GUAM CODE ANNOTATED, RELATIVE TO THE QUALIFICATIONS FOR CHIEF OF THE GUAM FIRE DEPARTMENT.- sponsored by Senator Adolpho B. Palacios, Sr.

• Bill No. 152-31 (COR)- AN ACT TO AMEND §§77109, 77110.1 THROUGH 77110.4, OF ARTICLE 1, TITLE 10 GUAM CODE ANNOTATED, AND TO REPEAL §77110.5 OF THIS ARTICLE RELATIVE TO THE QUALIFICATION REQUIREMENTS FOR UNIFORMED MANAGEMENT POSITIONS WITHIN THE GUAM POLICE DEPARTMENT.- sponsored by Senator Adolpho B. Palacios, Sr.

IV. Closing Remarks

V. Adjournment

The Committee requests that, if written testimonies are to be presented at the hearing, copies be submitted one day prior to the public hearing date, to the Office of Senator Adolpho B. Palacios, Sr., or via fax to 472-5022, or via email to SenABPalaciOS@gmail.com. Copies of the aforementioned Bill(s) may be obtained at I Liheslnturan Gudhan's website at www.guarnlegislature.com. Individuals requiring special accommodations or services, please contact Julian Janssen or Jennifer Dulla at 472-5047/5048.

Office/Mailing Address: 155 Hesler Place, Hagatlla Guam 96910

Telephone No. (671) 472-504715048 • Fa:>; No. (671) 472-5022 • Email: SenABPalacios@gmaiJ.com

I MINA'TRENTAI UNU NA LIHESLATURAN GUAHAN 2011 (FIRST) Regular Session

Bill No. /5 d- ~ ?>l ( ~~ R.)

,J~~ Adolpho B. Palacios, Sr. ~f Introduced by:

AN ACT TO AMEND §§77109, 77110.1 THROUGH 77110.4, OF ARTICLE 1, TITLE 10 GUAM CODE ANNOTATED, AND TO REPEAL §77110.5 OF THIS ARTICLE RELATIVE TO THE QUALIFICATION REQUIREMENTS FOR UNIFORMED MANAGEMENT POSITIONS WITHIN THE GUAM POLICE DEPARTMENT.

1 BE IT ENACTED BY THE PEOPLE OF GUAM:

2 Section 1. Legislative Findings and Intent.

3 I Liheslaturan Guahan finds that §§77109 through 77110.5 of Article

4 1, Title 10 Guam Code Annotated (GCA) established the minimum

5 qualification requirements for positions in the Guam Police Department

6 (GPD), including Chief of Police, Police Commander, Police Major, Police

7 Captain, Police Lieutenant, and Police Colonel. In addition to establishing

8 minimum qualifications, §7711 0.1 also requires that the Chief of Police

9 select a Police Commander, "who shall be a uniformed classified officer to

10 hold the rank of Colonel." As written, one could question whether the

11 minimum qualifications found in §77110.1 was intended for the Police

12 Commander or Police Colonel positions.

13 I Liheslaturan Guahan finds that there is no mention of qualification

14 requirements for the Police Colonel position within Title 10 GCA except for

15 a brief statement found in §77110.5, which simply requires that applicants

1

1 vying for such position to have held a Police Major's rank for at least five

2 ( 5) years. This requirement was included as a miscellaneous item within the

3 government of Guam's FY 2002 budget law, P.L. 26-35, enacted on October

4 1, 2001.

5 It is the intent of I Liheslaturan Guahan to incorporate the substance

6 of §77101.5 into §77101.1, with additional amendments, in order to

7 appropriately recognize the Police Colonel position as a uniformed rank of

8 GPD. These changes will provide clarity as to what the qualifications are for

9 the Police Colonel position, and will ensure that no confusion is made as to

10 who may be eligible to serve as Police Commander.

11 I Liheslaturan Guahan also intends to amend the qualifications for the

12 Chief of Police and the department's uniformed management positions of

13 Police Colonel, Police Major, Police Captain, and Police Lieutenant by

14 standardizing language pertaining to drug screening test requirements and

15 recognition of post-secondary institutions, as applicable.

16 Section 2. § 771 09 of Article 1, Title 10 Guam Code Annotated is

17 hereby amended relative to the qualifications for the Chief of Police.

18 "§77109. Appointment of the Chief of Police.

19 The Chief of Police shall be appointed by I Maga 'lahen

20 Guahan with the advice and consent of I Liheslaturan Guahan and

21 shall meet the following qualifications:

22 (a) be at least thirty-five (35) years of age;

23 (b) have no less than fifteen (15) years of progressive

24 experience in a government law enforcement position,

25 including at least five (5) years at the supervisory command

26 level, and five (5) years in a senior position with law

27 enforcement management responsibilities;

2

1 (c) graduatieaed with a bachelor's degree or higher in Police

2 Science, Criminal Justice Administration, Public

3 Administration, Law, or closely related field or discipline,--at

4 from an accredited institution recognized by the Council ef

5 for Higher Education Accreditation (CHEA) or its

6 successors;

7 (d)have no felony, domestic or family violence convictions;

8 (e) have no misdemeanor convictions involving moral

9 turpitude;

10 (f) submit to and pass a drug screening test, including, but not

11 limited to, urinalysis testing, unless the appointee is a current

12 employee of the Guam Police Department occupying a Test-

13 Designated Position (TDP) pursuant to the department's

14 Drug-Free Workplace Program; and

15 (g) submit to a polygraph examination.

16 (h)No person shall be appointed as Chief of Police before a

17 thorough investigation of the appointee's background and

18 moral character is completed, unless the appointee 1s a

19 current employee of the Guam Police Department."

20 Section 3. §77110.1 of Article 1, Title 10 Guam Code Annotated is

21 hereby amended relative to the qualification requirements for Police

22 Colonel.

23 "§77110.1. Police Commander Colonel.

24 The Chief of Police shall select a Police Commander Colonel,

25 who shall be a uniformed classified officer to hold the rank of Colonel

26 Police Commander. The Police Commander Colonel shall meet the

3

1 following m1mmum qualifications, expenence, and training, m

2 addition to those prescribed by the Director of Administration:

3 (a) be at least thirty (3 0) years of age; and

4 fbj ill graduated with a bachelor's master's degree in Police

5 Science, Criminal Justice Administration, or closely related

6 field or discipline, at a nationally from an accredited

7 institution recognized by the Council for Higher Education

8 Accreditation ( CHEA) or its successors, and must have at

9 least two (2) years of experience in the rank of Police Major,

10 or equivalent law enforcement experience in administration

11 or management that requires the minimum knowledge,

12 abilities, and skills to perform the duties of a police major;

13 and or

14 (2) graduated with a bachelor's degree in Police Science,

15 Criminal Justice Administration, or closely related field or

16 discipline from an accredited institution recognized by the

17 Council for Higher Education (CHEA) or its successors, and

18 must have at least four ( 4) years of experience in the rank of

19 Police Major, or equivalent law enforcement experience in

20 administration or management that requires the minimum

21 knowledge, abilities, and skills to perform the duties of a

22 police major;

23 fej have no felony, domestic or family violence conviction; and

24 ~ .(Q) submit to and pass a drug screening test, including, but

25 not limited to, a urinalysis test other necessary special

26 qualifications as established by the Department

27 of Administration not inconsistent with (a) above."

4

1 Section 4. §77110.2 of Article 1, Title 10 Guam Code Annotated is

2 hereby amended relative to the qualifications for Police Major.

3 "§77110.2. Police Major.

4 A Police Major shall be a uniformed classified officer and shall

5 meet the following minimum qualifications, experience, and training,

6 in addition to those prescribed by the Department of Administration:

7 (a) graduated with a bachelor's degree in Police Science,

8 Criminal Justice Administration, Public Administration, or

9 closely related field or discipline, at a nationally from an

10 accredited institution recognized by the Council for Higher

11 Education Accreditation (CHEA) or its successors; and

12 (b )must have at least two (2) years of experience in the rank of

13 Police Captain, or equivalent law enforcement experience in

14 administration or management level; and

15 (c) other necessary special qualifications as established by the

16 Department of Administration not inconsistent with (a) and

17 (b) above."

18 Section 5. §77110.3 of Article 1, Title 10 Guam Code Annotated is

19 hereby amended relative to the qualifications for Police Captain.

20 "§77110.3. Police Captain.

21 A Police Captain shall be a uniformed classified officer and

22 shall meet the following qualifications, experience, and training, in

23 addition to those prescribed by the Department of Administration:

24 (a) graduated with a bachelor's degree in Police Science,

25 Criminal Justice Administration, Public Administration, or

26 closely related field or discipline, at a nationally from an

5

1 accredited institution recognized by the Council for Higher

2 Education Accreditation (CHEA) or its successors;

3 (b )must have at least two (2) years of experience in the rank of

4 Police Lieutenant, or equivalent law enforcement experience

5 in administration or management level; and

6 (c) other necessary special qualifications as established by the

7 Department of Administration not inconsistent with (a) and

8 (b) above."

9 Section 6. §77110.4 of Article 1, Title 10 Guam Code Annotated is

10 hereby amended relative to the qualifications for Police Lieutenant.

11 "§77110.4. Police Lieutenant.

12 A Police Lieutenant shall be a uniformed classified officer and

13 shall meet the following minimum qualifications, experience, and

14 training, in addition to those prescribed by the Department of

15 Administration:

16 (a) graduated with an Associate's degree in Police Science,

17 Criminal Justice Administration, Public Administration, or

18 closely related field or discipline, at a nationally from an

19 accredited institution recognized by the Council for Higher

20 Education Accreditation (CHEA) or its successors, or

21 successful completion of not less than seventy-five (75)

22 college credits, seventy-five percent (75%) of which are in

23 the field of Law Enforcement, Public Safety, or closely

24 related field of discipline, at a nationally from an accredited

25 institution recognized by the Council for Higher Education

26 (CHEA) or its successors;

6

(b )must have at least two (2) years of experience in the rank of

2 Police Sergeant II, or equivalent law enforcement

3 supervisory experience, or must have at least four ( 4) years

4 of experience in the rank of Police Sergeant I, or equivalent

5 law enforcement supervisory experience; and

6 (c) other necessary special qualifications as established by the

7 Department of Administration not inconsistent with (a) and

8 (b) above."

9 Section 7. §77110.5 of Article 1, Title 10 Guam Code Annotated is

10 hereby repealed.

11 "§77110.5. GPD Colonel Position.

12 Notwithstanding any other provisions of lmv, the qualifications

13 for a Guam Police Department ("GPD") colonel must require at the

14 minimum that the applicant have held a major's rank for at least five

15 (5) years."

16 Section 8. Effective Date.

17 The provisions contained herein shall be effective upon the enactment

18 of this Act and shall apply prospectively.

19 Section 9. Severability.

20 If any provision of this Act or its application to any person or

21 circumstance is found to be invalid or contrary to law, such invalidity shall

22 not affect other provisions or applications of this Act which can be given

23 effect without the invalid provisions or application, and to this end the

24 provisions of this Act are severable.

7