) Rules and regulations governing selection, compensation, promotion, performance evaluation, disciplinary action and other terms and conditions of employment affecting academic personnel, and professional, technical, federal, and externally funded (PTFEF) personnel, shall be adopted by the Board of Regents.

(1) Such rules and regulations shall provide for the employment and retention of persons on the basis of merit,
and shall include an orderly and systematic method of recruitment and the establishment of a list of qualified applicants for employment purposes.

(2) Academic personnel are defined as faculty and administrators. For the purposes of this Section, an administrator is defined as one who holds any of the following positions: President or Vice-President, Assistant or Associate to the President or Vice-President,Dean, Associate or Assistant Dean, Director, Associate or Assistant Director, provided, however, that nothing in this Chapter shall be construed as preventing the Board of Regents from establishing other administrator positions or abolishing any of the existing positions indicated herein and further provided, however, that nothing in this Section nor in any other section of this Chapter involving the outlay of public funds shall become effective unless funds therefor shall have been provided in the University’s annual budget.

(3) The term administrator does not include positions within the purview of the Director of Administration under Chapter 6 of Title 4, Guam Code Ann., or other applicable laws.

(b) Professional, technical, federal, and externally funded (PTFEF) personnel are defined as professional and technical positions that are not management positions but require significant training and education, including four (4)-year degrees or other professional designations or specialized skills and federal grant and externally funded limited-term personnel that perform specified functions and possess unique skills necessary to carry out a designated scope of work. Nothing in this Chapter shall constrain the Board of Regents from adding to or subtracting from the number of professional, technical, federal and externally funded positions at the University subject to the same funding constraints as academic personnel positions described in this Section.

(c) Faculty shall have the right to form, join, assist and participate in the management of employee organizations of their choice and to act as organization representative or to refrain from any such activity, without interference, restraint, coercion ordiscrimination and without fear of penalty or reprisal; provided that, employees shall not participate in the management of an organization or act as an organization representative, where such activity would result in a conflict of interest or otherwise be incompatible with law or with the employee’s official duties.

(d) Within ninety (90) business days of the effective date of this Act, the Board of Regents, in cooperative consultation with the recognized bargaining agent, shall develop and adopt reasonable rules for the settlement of collective bargaining disputes, including access to impartial mediation and arbitration.
SOURCE: Added by GC § 11841 (P.L. 13-194:1); amended by P.L. 14-
71:4; and P.L. 16-23:4. Included as part of this Chapter [Charter] by P.L.
19-40:1. Section amended by P.L. 23-26:10 (5/95). Amended by P.L. 28-
068:IV:42 and 47 (Sept. 30, 2005), effective January 1, 2006; reference to
Civil Service Commission changed to Director of Administration. Amended by P.L. 35-114:2 (Dec. 11, 2020).

2021 NOTE: Subsection designations added pursuant to authority granted by 1 Guam Code Ann. § 1606.
NOTE: See Cross-Reference to § 16109. The issue of Civil Service control of academic personnel was first settled by P.L. 22-137 in favor of UOG faculty not being within the classified service. The amendment by P.L. 23-26:10 further clarified the issue.