Title 48 — Territories and Insular Possessions
Chapter 8A — Guam
§ 1422c. Executive agencies and instrumentalities
Statutory text
Appointment of heads; establishment of merit system; Civil Service Commission
The Governor shall, except as otherwise provided in this chapter or the laws of Guam, appoint, by and with the advice and consent of the legislature, all heads of executive agencies and instrumentalities. The legislature shall establish a merit system and, as far as practicable, appointments and promotions shall be made in accordance with such merit system. The Government of Guam may by law establish a Civil Service Commission to administer the merit system. Members of the commission may be removed as provided by the laws of Guam.
Powers and duties of officers
All officers shall have such powers and duties as may be conferred or imposed on them by law or by executive regulation of the Governor not inconsistent with any law.
Reorganization
The Governor shall, from time to time, examine the organization of the executive branch of the government of Guam, and shall determine and carry out such changes therein as are necessary to promote effective management and to execute faithfully the purposes of this chapter and the laws of Guam.
Continuation in office of incumbents
All persons holding office in Guam on may, except as otherwise provided in this chapter, continue to hold their respective offices until their successors are appointed and qualified.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Organic Act of Guam
Pub. L. 81–512 § 9 · 64 Stat. 384
Enacted · 48 U.S.C. § 1422c
Aug. 1, 1950, ch. 512, § 9, 64 Stat. 387
Source evidence
Code source credit
Aug. 1, 1950, ch. 512, § 9, 64 Stat. 387Enacted provision · exact public law section
Sec. 9. (a) The Governor shall, except as otherwise provided in Appointments and promotions. this Act or the laws of Guam, appoint, by and with the advice and consent of the legislature, all heads of executive agencies and instrumentalities. In making appointments and promotions, preference shall be given to qualified persons of Guamanian ancestry. With a view to insuring the fullest participation by Guamanians in the Government of Guam, opportunities for higher education and in-service training facilities shall be provided to qualified persons of Guamanian ancestry. The legislature shall establish a merit system and, as far as practicable, appointments and promotions shall be made in accordance with such merit system. (b) The Governor may appoint or remove any officer whose appointment or removal is not otherwise provided for. All officers shall have such powers and duties as may be conferred or imposed on them by law or by executive regulation of the Governor not inconsistent with any law. (c) The Governor shall, from time to time, examine the organization of the executive branch of the government of Guam, and snail determine and carry out such changes therein as are necessary to promote effective management and to execute faithfully the purposes of this Act and the laws of Guam. (d) All persons holding office in Guam on the date of enactment of this Act may, except as otherwise provided in this Act, continue to hold their respective offices until their successors are appointed and qualified.Guam Elective Governor Act
Pub. L. 90–497 § 4(a) · 82 Stat. 842
Struck · 48 U.S.C. § 1422c(a)
Pub. L. 90–497, § 4(a), struck out requirement that, in making appointments, preference be given persons of Guamanian ancestry and that opportunities for higher education and use of service training facilities be provided to qualified persons of Guamanian ancestry
Source evidence
Code amendment note
Subsec. (a). Pub. L. 90–497, § 4(a), struck out requirement that, in making appointments, preference be given persons of Guamanian ancestry and that opportunities for higher education and use of service training facilities be provided to qualified persons of Guamanian ancestry.Enacted provision · exact public law section
(a) Effective on the date of enactment of this Act, the second and third sentences of subsection (a) of section 9 of the Organic Act of Guam (64 Stat. 384, 387; 48 U.S.C. 1422c(a)) are deleted.Effective date note
Pub. L 90–497, § 4(a), Sept. 11, 1968, 82 Stat. 845, provided that the amendment made by such section 4(a) is effective on date of enactment of Pub. L. 90–497, which was approved on Sept. 11, 1968. Amendment by Pub. L. 90–497 necessary to authorize the holding of an election for Governor and Lieutenant Governor on Nov. 3, 1970, effective Jan. 1, 1970, and all other amendments unless otherwise provided effective Jan. 4, 1971, see section 13 of Pub. L. 90–497, set out as a note under section 1422 of this title.Guam Elective Governor Act
Pub. L. 90–497 § 4(b) · 82 Stat. 842
Struck · 48 U.S.C. § 1422c(b)
Pub. L. 90–497, § 4(b), struck out provision authorizing the Governor to appoint or remove any officer whose appointment or removal is not otherwise provided for
Source evidence
Code amendment note
Subsec. (b). Pub. L. 90–497, § 4(b), struck out provision authorizing the Governor to appoint or remove any officer whose appointment or removal is not otherwise provided for.Enacted provision · exact public law section
(b) The first sentence of subsection (b) of section 9 of the Organic Act of Guam (64 Stat. 384, 387; 48 U.S.C. 1422c(b)) is deleted.Effective date note
Pub. L 90–497, § 4(a), Sept. 11, 1968, 82 Stat. 845, provided that the amendment made by such section 4(a) is effective on date of enactment of Pub. L. 90–497, which was approved on Sept. 11, 1968. Amendment by Pub. L. 90–497 necessary to authorize the holding of an election for Governor and Lieutenant Governor on Nov. 3, 1970, effective Jan. 1, 1970, and all other amendments unless otherwise provided effective Jan. 4, 1971, see section 13 of Pub. L. 90–497, set out as a note under section 1422 of this title.Pub. L. 99–396 § 18(a) · 100 Stat. 837
Inserted · 48 U.S.C. § 1422c(a)
Pub. L. 99–396 inserted provisions authorizing establishment of Civil Service Commission and removal of commission members as provided by laws of Guam
Source evidence
Code amendment note
Subsec. (a). Pub. L. 99–396 inserted provisions authorizing establishment of Civil Service Commission and removal of commission members as provided by laws of Guam.Enacted provision · exact public law section
(a) Section 9(a) of the Organic Act of Guam (64 Stat. 387) is 48 USC 1422c. amended by adding the following new sentence at the end thereof: “The Government of Guam may by law establish a Civil Service Commission to administer the merit system. Members of the commission may be removed as provided by the laws of Guam.”.
4 of 4 references resolved to an enrolled provision
Editorial Notes
Amendments1968–1986 · 2 rounds
1986
Subsec. (a). Pub. L. 99–396 inserted provisions authorizing establishment of Civil Service Commission and removal of commission members as provided by laws of Guam.
1968
Subsec. (a). Pub. L. 90–497, § 4(a), struck out requirement that, in making appointments, preference be given persons of Guamanian ancestry and that opportunities for higher education and use of service training facilities be provided to qualified persons of Guamanian ancestry.
Subsec. (b). Pub. L. 90–497, § 4(b), struck out provision authorizing the Governor to appoint or remove any officer whose appointment or removal is not otherwise provided for.
Statutory Notes and Related Subsidiaries
Effective Date of 1968 Amendment
Pub. L 90–497, § 4(a), , 82 Stat. 845, provided that the amendment made by such section 4(a) is effective on date of enactment of Pub. L. 90–497, which was approved on .
Amendment by Pub. L. 90–497 necessary to authorize the holding of an election for Governor and Lieutenant Governor on , effective , and all other amendments unless otherwise provided effective , see section 13 of Pub. L. 90–497, set out as a note under section 1422 of this title.
Credits
1950–1986 · 3 acts
- 1950Aug. 1, 1950, ch. 512, § 9, 64 Stat. 387
- 1968Pub. L. 90–497, § 4, , 82 Stat. 845
- 1986Pub. L. 99–396, § 18(a), , 100 Stat. 843.
Show as published
(Aug. 1, 1950, ch. 512, § 9, 64 Stat. 387; Pub. L. 90–497, § 4, , 82 Stat. 845; Pub. L. 99–396, § 18(a), , 100 Stat. 843.)