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Title 48 — Territories and Insular Possessions

Chapter 8A — Guam

§ 1422c. Executive agencies and instrumentalities

Statutory text

(a)

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.

(b)

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.

(c)

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.

(d)

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.

  1. 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. 387

    Enacted 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.

  2. 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.

  3. 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.

  4. 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
  1. 1950Aug. 1, 1950, ch. 512, § 9, 64 Stat. 387
  2. 1968Pub. L. 90–497, § 4, , 82 Stat. 845
  3. 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.)

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