CHAPTER 1

 

PURPOSE AND SCOPE OF PERSONNEL RULES AND REGULATIONS

 

 

STATEMENT OF POLICY

 

This chapter establishes the fundamental character of the system of personnel administration governed by these rules and regulations, consistent with the merit principles and the principles of equal employment opportunity; provisions of Title 4 of the Guam Code Annotated (GCA); Section 80109 of Title 10 of GCA and other paramount laws pertaining to the employment in the Guam Memorial Hospital Authority (GMHA).

 

1.000 COVERAGE

 

A.      These rules shall apply to all employees occupying classified positions employed by GMHA, hereinafter referred to as “Hospital”. 

 

B.      Unclassified employees occupying unclassified positions are not governed by these rules and regulations, unless otherwise identified.

 

C.      These rules and regulations may be supplemented by administrative policies and procedures established by the Administrator or Board of Trustees.

 

1.100            GUIDING PERSONNEL PRINCIPLES

 

The following merit system principles shall guide personnel administration:

 

A.      recruiting, selecting applicants and advancing employees on the basis of their skills, knowledge, and abilities;

B.      providing a uniform compensation policy;

C.      training employees to improve performance;

D.      retaining employees based on their performance;

E.      classifying positions systematically through job evaluation; and

F.       providing fair, expedient and responsive processes for grievance, adverse action, and conflict resolution.

 

All employment in the service of the Hospital shall have, as a reasonable measure of job performance, the minimum requirement of a high school diploma or a successful completion of a General Educational Development (GED) Test, or any equivalent of a general education high school program, or a successful completion of a certification program, from a recognized accredited or certified vocational technical institution or in a specialized field required for the job.

 

This shall not be applicable to the Summer Youth Employment and Training Act, a person with a disability which would prevent him or her from complying with this section, or a person born on Guam whose eighteen (18th) birthday was prior to August 1, 1950, and shall only apply to individuals hired after May 17, 2002.  Public Law 27-61

 

 

1.200            EQUAL EMPLOYMENT OPPORTUNITY

 

A.                It is the policy of the Hospital that there shall be no discrimination in employment against any person on the basis of race, color, creed, religion, age, sex, political affiliation, marital status, national origin, or disability, except for bona fide occupational qualifications or legal requirements. 

 

Sex discrimination includes sexual harassment.  Sexual harassment is defined as “unwelcomed sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature when:

 

1.                 submission of such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or

 

2.                 submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual, or

 

3.                 such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working performance.

 

B.      The Administrator shall implement Equal Employment Opportunity (EEO) programs pursuant to the guidelines of the Civil Service Commission.

 

C.      The EEO program calls for positive results‑oriented action toward equal opportunity.  Affirmative efforts will be made by the Administrator to assure equal opportunity in employment and to assure non‑discrimination in programs and activities offered and/or conducted by the Hospital.

 

D.      In order for this EEO program to become a management objective, all levels of management which includes the first line supervisors will continue to be trained in the legal requirements of equal employment opportunity.

 

1.300            PENALTIES

 

Any penalty imposed on any employee for violation of these rules shall be in accordance with applicable rules, regulations and statutes.

 

1.400           GENDER

 

Words used in the masculine gender include the feminine.

 

1.500            CIVIL SERVICE COMMISSION  

 

The Civil Service Commission is hereafter referred to as “Commission” in these rules and regulations.

 

The Jurisdiction of the Commission is made reference to Public Law 28-68, Chapter IV, Miscellaneous Provisions,  Section 12. Subparagraph (h) of Section 2 of Public Law 26-121 is hereby repealed and reenacted making reference to all employees of the Hospital.

 

Nothing in these rules and regulations is intended to limit or deprive the Civil Service Commission of jurisdiction or authority vested by the Organic Act or the laws of Guam.

 

1.600            STATUTORY CONFLICT

 

In the event any rule or regulation is in conflict with statute, the statute shall prevail to the extent of inconsistency.

 

1.700            SEVERABILITY

 

If any part of the Personnel Rules and Regulations are held inorganic, then the remaining Personnel Rules and Regulations shall continue in force and effect.