The Director or equivalent officer of each agency and instrumentality of the government of Guam shall establish an operational continuity plan.

(a) Each such plan shall be reviewed annually for adequacy and so ratified by the governing board or, in the absence of a governing board, I Maga’låhen Guåhan, on or before October 1st with amendments. Copies of each plan, to include those annually reviewed, shall be transmitted to I Maga’låhen Guåhan and the Speaker of I Liheslaturan Guåhan no later than five (5) working days following the ratification thereof.

(b) Such plan shall include, but not be limited to, provisions for:

(1) events that would disrupt the ability of the agency to operate, such as:

(A) loss of personnel by retirement, whether known or unknown in advance, national guard deployment, military reserve deployment, sickness, death, or other contingencies;

(B) loss, malfunction, or breakdown of equipment necessary for the efficient provision of services;

(C) loss of physical or electronic records necessary for the efficient provision of services;

(D) unavailability of a facility necessary for the efficient provision of services;

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(E) unanticipated reduced funding levels during the fiscal year relative to the appropriated level by ten percent (10%), twenty percent (20%), or thirty percent (30%);

(F) any combination of the above through reasonably foreseeable instances, such as a natural or other disaster or act, or omission of the agency or other entities, including hostile acts; or

(G) any additional areas so identified by the governing board, or in the absence of a governing board, I Maga’låhen Guåhan;

(2) the maintenance of maximum operational continuity in the event of any situation that would disrupt the ability of the agency to operate pursuant to Subsection (a) of this Section; and

(3) a statement of actions to be taken to prevent or mitigate any vulnerabilities, pursuant to Subsection (a) of this Section, which pose a significant risk to the continuity of operations of the agency.

SOURCE: Added by P.L. 34-082:3 (Feb. 19, 2018).

2018 NOTE: Subsection designations altered/added pursuant to the authority of 1 Guam Code Ann. § 1606.

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ARTICLE 2
JUDICIARY