summary report of public law no. 31-233 - Guam Memorial Hospital ...

other person violating the provisions of this Section is guilty of malfeasance in office. They are subject to
suspension and investigation of conduct. Upon conviction, the person is guilty of a misdemeanor and must be fined
in the discretion of the court or imprisoned not more than three (3) years. No agency shall contract or agree to spend
any money for goods or services or in settlement of a lawsuit or claim in excess of the amount appropriated by I
Liheslatura (the Legislature) to that Agency for such goods, services, claim, or settlement, and BBMR shall not allot
funds to that agency for the payment of any amount towards such goods, services, claim, or settlement if the total
amount of the goods, services, claim, or settlement is more than the amount appropriated or amount allotted by
BBMR. Any contract or agreement made in violation hereof shall be void. Any agency head or certifying officer
who knowingly contracts or agrees to spend any money in excess of said appropriations shall be guilty of a
misdemeanor.” (b) § 1303 of Title 5 GCA, is hereby amended to read: “§ 1303. Management of Allotments. In
the release of monthly or quarterly allotments by the Bureau of Budget & Management Research from appropriation
acts, the Director thereof shall base such allotments on anticipated cash receipts so that the obligations incurred
pursuant to such release of periodic allotments shall have sufficient cash for their payment, provided that sufficient
cash shall always be released to the Department of Education to provide an adequate public education to every
public school student. No agency shall contract or agree to spend any money for goods or services or in settlement
of a lawsuit or claim in excess of the amount appropriated by the Legislature to that Agency for such goods,
services, claim, or settlement, and BBMR shall not allot funds to that agency for the payment of any amount towards
such goods, services, claim, or settlement if the total amount of the goods, services, claim, or settlement is more than
the amount appropriated or amount allotted by BBMR. Any contract or agreement made in violation hereof shall be
void. Any agency head or certifying officer who knowingly contracts or agrees to spend any money in excess of said
allotments shall be guilty of a misdemeanor.”
Section 13. Restrictions on Hiring of Unclassified Employees. No government funds of any kind or description
may be expended for the employment or hiring of unclassified employees of the government of Guam during Fiscal
Year 2013, except for the following: … (c) Nurses, doctors, licensed health professionals and ancillary health
employees necessary for clinical purposes at the Department of Public Health and Social Services, the Department
of Mental Health and Substance Abuse, the Office of the Chief Medical Examiner, the Guam Memorial Hospital
Authority, the Guam Police Department, and the Department of Integrated Services for Individuals with Disabilities;
… (l) All persons employed pursuant to this Section, effective October 1, 2011, shall meet the minimum
Knowledge, Abilities and Skills (KAS) associated with such position; and (m) professional engineers required to fill
Chief Engineer positions.
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Section 14. Board and Commission Meeting Stipends. Any compensation or stipend owed to a Board or
Commission member for attending a regular or special meeting in Fiscal Year 2013 shall be paid from the budget of
the department or agency responsible for the administrative support and operations of such Boards or Commissions.
Any Board member who has served on a Board continuously for ten (10) years or more may receive a stipend
totaling no more than Two Hundred Fifty Dollars ($250) per month for meetings attended; however, Board and
Commission members may elect to not receive said compensation. I Maga’låhen Guåhan may by Executive Order,
waive the payment of meeting stipends owed to any Board or Commission member.
Section 15. Contracts. Positions in the classified and unclassified service shall not be filled pursuant to a
contractual arrangement, except as provided in this Section for Fiscal Year 2013. … (d) This Section shall not
apply to the Guam Department of Education; the University of Guam; the Guam Community College; the Unified
Judiciary when filling positions of justices and judges pro tem, law clerks, and legal interns; the Department of
Revenue and Taxation when filling the position of legal counsel; I Liheslaturan Guåhan; the Guam Memorial
Hospital Authority; and the Department of Public Health and Social Services and the Department of Mental Health
and Substance Abuse when filling positions of licensed health professionals. (e) Any instrumentality of the
government of Guam that fills any classified or unclassified positions by contractual arrangement in accordance with
this Section shall file a copy of every such contract with the Chief Procurement Officer together with a written
certification stating why it is impracticable to handle the matter within the instrumentality as otherwise constituted.
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