Attorney's Note

Under the Guam Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
misdemeanorup to 1 yearup to $1,000
For details, see 9 Guam Code Ann. § 80.34

Terms Used In 10 Guam Code Ann. § 77109

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
(a) The Chief of Police shall be appointed by I Maga’lahen Guåhan with the advice and consent of I Liheslaturan Guåhan, and shall meet the following qualifications:

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

(2) have no less than fifteen (15) years of progressive experience in a government law enforcement position, including at least five (5) years at the supervisory command level, and five (5) years in a senior position with law enforcement management responsibilities, or equivalent executive management experience in the field of publicadministration, criminal justice administration, or law, or a closely related field or discipline;

(3) graduated with a Bachelor’s degree or higher in police science, criminal justice administration, public administration, law, or a closely related field or discipline from an accredited institution recognized by the Council for Higher Education Accreditation (CHEA) or its successors;

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

(5) have no misdemeanor convictions involving moral turpitude;

(6) 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;

(7) be of good health and good moral character; (8) submit to psychological testing;
(9) submit to a polygraph examination; and

(10) submit to a thorough investigation of his or her background and moral character.

(b) Compensation of Police Chief. Notwithstanding any other provision of law, a person appointed by I Maga’lahen Guåhan (the Governor) and confirmed by I Liheslaturan Guåhan (the Legislature) to be Chief of Police, and who at the time of appointment is an active member of the classified service shall receive a salary established by the government of Guam compensation schedule for heads of agencies, or a salary equivalent to the three (3) year average of the annual income earned immediately prior to appointment as Chief of Police, whichever is greater. Said three (3) year average shall be reviewed annually to determine if mandated pay increases would have affected the three (3) year average

SOURCE: Amended by P.L. 30-015:2 (Apr. 17, 2009), P.L. 30-220:2 (Dec. 21, 2010), P.L. 31-070:2 (May 24, 2011), and P.L. 32-203:4 (Oct.
13, 2014).

2014 NOTE: The amendment of P.L. 32-203:4 is effective retroactively to January 1, 2011 pursuant to P.L. 32-203:7.