U.S. Code » Title 48 » Chapter CHAPTER 8A— GUAM › Subchapter SUBCHAPTER II— THE EXECUTIVE BRANCH

48 U.S.C. § 1422c

Executive agencies and instrumentalities

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(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 August 1, 1950 may, except as otherwise provided in this chapter, continue to hold their respective offices until their successors are appointed and qualified.

(Aug. 1, 1950, ch. 512, § 9, 64 Stat. 387; Pub. L. 90–497, § 4, Sept. 11, 1968, 82 Stat. 845; Pub. L. 99–396, § 18(a), Aug. 27, 1986, 100 Stat. 843.)Editorial NotesAmendments

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 SubsidiariesEffective Date of 1968 Amendment

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.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1980–2021 · leading case: Fin. Oversight & Mgmt. Bd. for Puerto Rico v. Aurelius Inv., LLC, 140 S. Ct. 1649 (2020).
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Fin. Oversight & Mgmt. Bd. for Puerto Rico v. Aurelius Inv., LLC, 140 S. Ct. 1649 (2020). “Mayor's appointment powers); 48 U.S.C. § 1422c (same for Guam's Governor); § 1597(c) (same for Virgin Islands).”
Pilar Laguana v. Guam Visitors Bureau Its Bd. of Directors & Ricardo J. Bordallo, 725 F.2d 519 (9th Cir. 1984). · cites it 2× “La-guana relies on 48 U.S.C. § 1422c(c), 3 which permits the Governor to make changes in the organization of the executive branch to promote effective management, and on § 1422, 4 which gives the Governor general supervision over executive agencies and in-strumentalities.”
Nelson v. Ada, 878 F.2d 277 (9th Cir. 1989). · cites it 2× “That argument was that the governor’s powers of appointment under the Organic Act were qualified by section 9 of the Organic Act, 48 U.S.C. § 1422c(a), which stated that the governor’s power of appointment was limited and had to be exercised in accordance with the Organic Act…”
Alan F. Haeuser v. Dep't of Law, Gov't of Guam, Civil Serv. of Guam, 368 F.3d 1091 (9th Cir. 2004). “48 U.S.C. § 1422c(a). Pursuant to this provision in the Organic Act, the Guam legislature divided all offices and employment in the government of Guam into classified and unclassified services, and created job protections for classified employees.”
Kathy Brown v. Civil Serv. Comm'n, Dep't of Educ. & Territorial Bd. of Educ., Real Parties in Interest-Appellant, 818 F.2d 706 (9th Cir. 1987). “employees of the executive branch of the government of Guam, except as otherwise provided .”
Alan F. HAEUSER, Plaintiff-Appellant, v. Dep't OF LAW, Gov't OF GUAM; Civil Serv. Comm'n of Guam, Defendants-Appellees, 97 F.3d 1152 (9th Cir. 1996). “48 U.S.C. § 1422c(a). Neither the Act nor the legislative history provides a definition of “merit system” or “practicable.”
Ricardo J. Bordallo, Governor of Guam v. George W. Baldwin, Jr., 624 F.2d 932 (9th Cir. 1980). “” (48 U.S.C. § 1422c(a)) “Subject to the laws of Guam, the Governor shall establish, maintain, and operate public-health services in Guam, including hospitals .”
Fin. Oversight & Mgmt. Bd. for Puerto Rico v. Aurelius Inv., LLC, 590 U.S. 448 (2020). “Mayor’s appointment powers); 48 U. S. C. §1422c (same for Guam’s Governor); §1597(c) (same for Virgin Islands).”
Fin. Oversight & Mgmt. Bd. for Puerto Rico v. Aurelius Inv., LLC (2020). “Mayor’s appointment powers); 48 U. S. C. §1422c (same for Guam’s Governor); §1597(c) (same for Virgin Islands).”
In Re: Request of Lourdes a. Leon Guerrero, I Maga' HÅgan GuÅhan, Relative to the Power of the Exec. Branch to Establish, Maintain, & Operate Quarantine Facilities in Guam & to Promulgate Quarantine & Sanitation Regulations for the Prot. of Guam Against the Importation & Spread of Disease. (Guam 2021). “There, the Ninth Circuit stated, “48 U.S.C. § 1422c(a) provided expressly for legislative establishment of a merit system under which, ‘as far as practicable,’ appointments and promotions were to be made.”
— 48 U.S.C. § 1422c(a) — 5 cases
Nelson v. Ada, 878 F.2d 277 (9th Cir. 1989). “That argument was that the governor’s powers of appointment under the Organic Act were qualified by section 9 of the Organic Act, 48 U.S.C. § 1422c(a), which stated that the governor’s power of appointment was limited and had to be exercised in accordance with the Organic Act…”
Alan F. Haeuser v. Dep't of Law, Gov't of Guam, Civil Serv. of Guam, 368 F.3d 1091 (9th Cir. 2004). “48 U.S.C. § 1422c(a). Pursuant to this provision in the Organic Act, the Guam legislature divided all offices and employment in the government of Guam into classified and unclassified services, and created job protections for classified employees.”
Alan F. HAEUSER, Plaintiff-Appellant, v. Dep't OF LAW, Gov't OF GUAM; Civil Serv. Comm'n of Guam, Defendants-Appellees, 97 F.3d 1152 (9th Cir. 1996). “48 U.S.C. § 1422c(a). Neither the Act nor the legislative history provides a definition of “merit system” or “practicable.”
Ricardo J. Bordallo, Governor of Guam v. George W. Baldwin, Jr., 624 F.2d 932 (9th Cir. 1980). “” (48 U.S.C. § 1422c(a)) “Subject to the laws of Guam, the Governor shall establish, maintain, and operate public-health services in Guam, including hospitals .”
In Re: Request of Lourdes a. Leon Guerrero, I Maga' HÅgan GuÅhan, Relative to the Power of the Exec. Branch to Establish, Maintain, & Operate Quarantine Facilities in Guam & to Promulgate Quarantine & Sanitation Regulations for the Prot. of Guam Against the Importation & Spread of Disease. (Guam 2021). “There, the Ninth Circuit stated, “48 U.S.C. § 1422c(a) provided expressly for legislative establishment of a merit system under which, ‘as far as practicable,’ appointments and promotions were to be made.”
— 48 U.S.C. § 1422c(c) — 1 case
Pilar Laguana v. Guam Visitors Bureau Its Bd. of Directors & Ricardo J. Bordallo, 725 F.2d 519 (9th Cir. 1984). “La-guana relies on 48 U.S.C. § 1422c(c), 3 which permits the Governor to make changes in the organization of the executive branch to promote effective management, and on § 1422, 4 which gives the Governor general supervision over executive agencies and in-strumentalities.”
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