TERRTORY OF GUAM OFFCE OF THE GOVERNOR AGANA, GUAM 96910 U.S.A. h EfECUTVE ORDER NO. 96-16 RELAT VE TO CREATON OF A PEACE OFF CER STANDARDS land TRANNG COMMSSON (POST), AND G A POST REVO LVNG FUND. ESTABLSDN WHEREAS, t;juam's law-enforcement communty has not mantaned : da:j : : b ;hch all ts offcers, regardless of y c d; n s :; WHEREAS, each law enforcement entty has establshed ts own tranng requrements resultng n the uneven dstrbuton of qualfcatons among Guam's peace offcers; and WHEREAS, ] the lack of standard tranng requrements for Guam's dfferent peace offcers makes t dffcult for varous law enforcement enttes to cooperatb and collaborate n the performance of basc law enforcement dutes; and WHEREAS, t s desrable to create and establsh a Peace Offcer Standa ds and Tra nng (POST) Commsson to develop mnmum professonal standard l s to serve as the bass for the unform recrutment operaton of Guam's jlaw enforcement enttes; NOW, THEREfORE,, CARL T. C. GUTERREZ, Governor of Guam, by vrtue of the autrorty vested n me by the Organc Act of Guam, as amended, and the la 'Y s of Guam, do order: 1. Termnolo y. For purposes of ths Executve Order: (a) "Comms on" means the Peace Offcer Standards and Tranng (POST) Commsson; (b) "Peace Offcer" ncludes: () offcer of the Guam Polce Department; () offcers of the Guam Arport Polce; () offcer of the Guam Port Authorty Polce; (v) those j employed by the Drector of the Department of Correc ons whom the Drector specfcally desgnates; ( v) offcer of the Customs and Quarantne Agency; (v) Conse vaton Offcers of the Dvson of Aquatc and Wldlfe Resou, ces; (v) Terrtdral Park Patrol Offcers of the Department of Parks and R creaton;
r.::::==== /1" -=====- Executve Order No. 96-6 Page 2 (v) Marsh f ls of the Supreme Court of Guam and the Supenor Court?f Guam; (x) persons employed by the Attorney General's offce whom the A torney General specfcally desgnates; and (x) desgn f ted Parole and Probaton offcers of the terrtory; 2. Peace Offrr Standards and Tranng (POST) Commsson. (a) Creaton. There s created under the admnstratve cognzance of the Guam Polce Department a Peace Offcer Standards and Tranng Commsson. The C mmsson shall be composed of the followng members: ( 1) Chef of the Guam Polce Department or desgnated represe1ntat ve; (2) Chef 1 of the Guam Arport Polce or desgnated represe 1 ntatve; (3) Chef of the Guam Port Authorty Polce or desgnated represejntatve; ( 4) Chef Vfarshal of the Supreme Court of Guam or desgnated represelntat ve; (5) Chef Nfarshal of the Superor Court of Guam or desgnated representatve; ( 6) Attorney General or desgnated representatve; (7) Drecto of Customs and Quarantne Agency or desgnated representatve;. (8) Drecto of the Department of Correctons or desgnated represe p tat ve; (9) Supern T endent of the Terrtoral Park Patrol Offcers of the Department of Parks and Recreaton or desgnated representatve; (10) Chef of the Dvson of Aquatc and Wldlfe Resources of the Departnl.ent of Agrculture or desgnated representatve; ( 11) Chef robaton Offcer of the Superor Court of Guam or desgnated representatve; ( 12) Two (2) persons at large, selected by the Commsson; (13) One d) member from the clergy, desgnated by the Archb hop; (14) One (1): member from the Mayor's Councl, desgnated by the Presdent of the Mayor's Councl; (15) One (11) member from the Legslature, apponted by the Speake '; (16) One ( 1) member from the Judcary, desgnated by the Chef Justce pf the Supreme Court; ( 17) One ( ) representatve from Guam Communty College, apponted by the Presdent of the Guam Communty College; (18) One (1) representatve from Unversty of Guam, apponted by the Presdent of the Unversty of Guam; (b) No Comp nsaton. Members of the Commsson shall receve no compensaton, but shall be rembursed under 23103 and 23104 of Ttle 5, Guam Code Annotated, for authorzed travel and per dem expenses ncurred n the perfo ance of ther dutes. For purposes of compensaton,
:[, rr============= l ==== Executve Order No. Page 3 96-16 or s ttl» = attendance at by a member meet gs of the Commsson shall be deemed performance of the 1 dutes of the local governmental employment. (c) meetngs per year. 1 Meetngs. The Commsson shall hold at least Four (4) (d) Publcatbn of procedures. The Commsson shall establsh and publsh ts procrdures. (e) Standards for certfcaton and recertfcaton of peace offcers. The Co msson shall establjsh standards for certfcaton of peace offcers. Recertfcaton, ncludng a thorough background nvestgaton, wll b requred of all POST certfed peace offcers wthn Three (3) years from 1 the effectve date of ntal POST certfcaton. (f) Establsh ng fees. The Commsson shall establsh reasonable fees for the appl,caton and processng for the certfcaton and recertfcaton of peafe offcers. (g) Adopto of standards n cooperaton wth respectve agences. The Cm:nTtsson, n coordnaton wth respectve agences, shall establsh: () (1) Requ*ments concernng courses of study, attendance, equpnl.ent and facltes for peace offcer tranng; Qualfbatons for peace offcer tranng nstructors; Basc tranng requrements for peace offcers; (2) (3) (4) (5) (1) Core Turrculum for all desgnated programs; Categobes or classfcatons of advanced n-servce tranng progratns and mnmum courses of study and attendance requr ments wth respect to the categores or classffcatons. The Commsson shall: Resear h and obtan studes, surveys, and reports regardng the purposes of ths Executve Order; Dutes o Commsson. (2) Vst nd nspect any local peace offcer tranng program durng any approprate tme; (3) Draft md adopt procedures to fully effectuate and carry out the purpose of ths Executve Order, and forward to the Governor; ( 4) Prescr be reasonable mnmum qualfcatons relatng solely to ph scal, mental and moral ftness for persons recruted, apponted, or retaned as peace offcers by the terrtory; (5) Consult and cooperate wth peace offcer tranng academes for thf development of the basc and advanced tranng programs for peace offcers; (6) Consult and cooperate wth the Unversty of Guam, Guam Comm1 nty College, and other nsttutons for the development of specalzed courses of study n the terrtory for p ace offcers n the areas of polce scence, polce admnstraton, the socal scences, and other related areas;
rr============= ============== '============ Executve Order No. Page 4 (7) (8) (9) (10) (11) 9d6 lll"s m» O_#" = Consult and cooperate wth other departments and agences concerhed wth peace offcer tranng; Certf peace offcers who have satsfactorly completed the basc tranng programs as outlned n ths Executve Order and s ue approprate certfcates to peace offcers; Deny, suspend, or revoke certfcaton of peace offcers for substaatal falure to comply wth ths Executve Order or the prbcedures of the Commsson, subject to the procedures contarled n the Admnstratve Adjudcaton Act. Certfy nstructors at approved peace offcer tranng acaderaes and ssue approprate certfcates to nstructors; Ensur9 the certfcaton of all polygraph examners and determne elgblty requrements for canddates for the postttons o f : A) Chef of Polce, B) Chef Marshal, Supreme Court of Guam, C) Chef Marshal, Superor Court of Guam, D) Drector of Correctons, E) Chef of the Guam Arport Polce, F) Chef of the Port Authorty Polce, G) Drector of Customs and Quarantne Agency, H) Superntendent of the Terrtoral Park Patrol Offcers, and ) Chef Probaton Offcer, Superor Court of Guam. ( 12) Provde management survey and manageral assstance as reques ed by correctons and law enforcement agences. (13) Recomlnend legslaton to the Governor, f any, whch may be nejded relatve to any of the tems n ths Executve Order. J Partcularly, should any of the standards or basc tranng requrements establshed by the Commsson be n confldt wth exstng laws, only those portons of the standal-ds or tranng requrements whch are consstent wth xstng laws shall be mplemented untl necessary changes n law are made. (j) Establshment of POST Account revolvng fund. A revolvng account, o be known as the "POST Account" s hereby establshed under the control of the Commsson wthn the General Fund of the Guam Polce Department. All contrbutons or other funds receved by the Commsson shall be pad nto the POST Account and shall be used by the Commsson t carry out ts functons for admnstraton, operatons, tranng costs of eace Offcers, management surveys, research, and management asssta,ce. peace (k) Commsson to make recommendatons for salares of offcers. Th commsson shall revew the salares of all Peace Offcer postons a d forward ther recommendatons and supportng documentaton to the Cvl Servce Commsson and to the Governor every Two (2) years;
Executve Order No. 96-6 Page 5 3. Charperson of Commsson. The Charperson of the 1 Commsson shall bt; apponted by the Governor. The Charperson shall hold offce for a TWo (2) year term and may serve Two (2) consecutve terms. The Char erson's term shall expre sooner f and when the Charperson s no longer occupyng one of the postons desgnated as a requrement for merhbershp n the Commsson. The Charperson shall perform the functo s and dutes as assgned by the Commsson. The Charperson shall e the executve offcer and admnstrator of the Commsson. The Charperson shall report to the commsson at regular meetngs of the co sson and at other tmes as requred. 4. Tme lmj for offcers to be POST certfed. ncumbent peace offcers shall have Fve (5) years from the date of the promulgaton of the POST procedu 1es as provded for heren to be POST certfed. ' SGNED AND PRDMU LGATED at Agaa, Guam ths 28th day of May, 1996. COUNTERSGNED: CARL T. C. GUTERREZ Governor of Guam