I Mina'Trentai Dos Na Liheslaturan ReceivedBill Log Sheet

BILLNO. SPONSOR TITLE

DATEINTRODUCED

DATEREFERRED

CMTEREFERRED

PUBLICHEARINGDATE

DATECOMMITTEEREPORT FILED

FISCAL NOTES

307‐32 (COR)

FRANK B. AGUON, JR

AN ACT TO AMEND SECTION 5102(d) OFTITLE 7 OF THE GUAM CODE ANNOTATEDRELATIVE TO THE POWER OF THEJUDICIAL COUNCIL TO ADOPT PAYSCHEDULES AND PLANS AND TOAPPROPRIATE FUNDS FOR SALARY ANDBENEFIT INCREASES FOR NON‐LAWENFORCEMENT EMPLOYEES OF THEJUDICIARY. 

4/7/1411:36 a.m

04/07/14 Committee on Appropriations, Public Debt, Legal Affairs, Retirement, 

Public Parks, Recreation, Historic Preservation, and 

Land

5/29/143 p.m.

06/11/1410:12 a.m.

Fiscal Note 

Request04/08/14

Fiscal Note 

Received 6/5/1411:18 a.m.

Bill Introduced/History6/11/2014 12:42 PM

Office of

the People

Chainnan Committee on Appropriations,

Public Debt, L€gal Affairs, Retirement, Public Parks,

Rec>eation, Historic Preservation and Land

Member Committee on Education,

Public Libraries and Women's Affairs

Member Committee on General

Government Operations and Cultural Affairs

Member Committee on Municipal

Affairs, Tourism, Housing and Hagati\a Restoration and Development Authority

Men1ber Conunittee on Health & Human Services, Health

Insurance Reform, &unomlc Development and Senior

Citizens

Member Con1mittee on Aviation, Ground

Transportation, Regulatory Concerns and Future

G..."'nerations

I Mina'trentai Dos na Liheslaturan Guahan

Senator Vicente (ben) Cabrera Pangelinan (0) -----------------

JUN 11 2014

The Honorable Judith T. Won Pat, Ed.D. Speaker l Mina'trentai Dos Na Liheslaturan Guahan 155 Hesler Place Hagati'ia, Guam 969 I 0

VIA: The Honorable Rory J. Respicio A.V Chairperson, Committee on Rules / v

....., ' =· :;:;

•• _:i -\-9

RE: Committee Report on Bill No. 307-32 (COR), As Subsituted N

Dear Speaker Won Pat:

Transmitted herewith is the Committee Report on Bill No. 307-32 (COR),

as substituted, "An Act to amend Section 5 l 02( d) of Title 7 of the Guam Code Annotated Relative to the power of the Judicial Council to adopt pay schedules and plans or non-law enforcement employees of the Judiciary." sponsored by Frank Aguon, Jr., which was referred to the Committee on Appropriations, Public Debt, Legal Affairs, Retirement, Public Parks,

Recreation, Historic Preservation and Land.

Committee votes are as follows:

S°" TO PASS

Jd NOTTO PASS

.tf TO REPORT OUT ONLY

TO ABSTAIN

TO PLACE IN INACTIVE FILE

SiY~-----·

Vicente (bcn) Cabrera Pangelinan Chairman

,,,_, ______ , __________________________ -----------324 W. Soledad Ave. Suite 100, HagMfia, Guam 96910

Tel: (671) 473-(4BEN) 4236 - Fax: (671) 473-4238 - Email: office@isenbenp.com

Website: http:/ I senbenp.com

COMMITTEE REPORT ON

Bill No. 307-32 (COR As Substituted

Sponsored by Senator Senator Frank Aguon, Jr.

An Act to amend Section 5102(d) of Title 7 of the Guam Code Annotated Relative to the power of the Judicial Council to adopt pay schedules and plans for non-law enforcement employees of the

Judiciary.

Office of

the People

Oiairman Committee on Appropriations,

Public Debt, lRgal Affairs, Retiremen~ Public Parks,

Recreation, Historic Presetvation and Land

Member Conunittee on Education,

Public Librarif'S and Women's Affairs

Member Committee on General

Govenunent Operations and Cultural Affaini

Member Committee on Municipal

Affairs, Towism, Housing and Hagatiia Restoration and Development Authority

Member Committee on Health & Human Servire;, Health

Iru,WctTice Reform, Fnonomic Development and Senior

Citizens

Member Committee on Aviation, Ground

Transportation, Regulatory Concerns and Future

Celli.' rations

I Mina'trentai Dos na Liheslaturan Guahan

Senator Vicente (ben) Cabrera Pangelinan (D) ~~~~~~~~~~~~~~-~~~~

JUN 11 2014

MEMORANDUM

To: All Members Committee on Appropriations, Public Debt, Legal Affairs, Retirement,

Public Parks, Recreation, Historic Preservation and Land.

From: Senator Vicente (ben) Cabrera Pangelinan Committee Chairperson

Subject: Committee Report on Bill No. 307-32 (COR), As Substituted

Transmitted herewith for your consideration is the Committee Report on Bill No.307-

32 (COR), as substituted "An Act to amend Section 5102(d) of Title 7 of the Guam

Code Annotated Relative to the power of the Judicial Council to adopt pay schedules

and plans for non-law enforcement employees of the Judiciary." sponsored by

Senator Frank Aguon, Jr.

This report includes the following:

l. Committee Voting Sheet 2. Committee Report Narrative 3. Copy of Bill No. 307-32 (COR) As Introduced 4. Copy of Bill No. 307-32 As Substituted 5. Public Hearing Sign-in Sheet 6. Copies of Written Testimonies 7. Copy of Fiscal Note 8. Copy ofCOR referral Bill No. 307-32 (COR) 9. Notices of Public Hearing 10. Copy of the Public Hearing Agenda

Please take the appropriate action on the attached voting sheet. Your attention to this matter is greatly appreciated. Should you have any questions or concerns, please do not hesitate to contact my office.

Si Yu 'os Ma 'ase '.

~-Vicente (ben) Cabrera Pangelinan Chairman

---· ·--- -c---c~-=--c-~· -=--~~-,------------

324 W. Soledad Ave. Suite 100, HagMi\a, Guam 96910

Tel: (671) 473-(4BEN) 4236 - Fax: (671) 473-4238 ·Email: officeCdlsenbenp.com

Website: http: I/ senbenp.com

I MINA' TRENTAI DOS NA LIHESLATURAN GUAHAN Committee Voting Sheet

Committee on Appropriations, Public Debt, Legal Affairs, Retirement, Public Parks, Recreation, Historic Preservation and Land

Bill No. 307-32 (COR), as substituted "An Act to amend Section 5102(d) of Title 7 of the Guam Code Annotated Relative to the power of the Judicial Council to adopt

pay schedules and plans for non-law enforcement employees of the Judiciary."

Committee Members To Pass

Senator Vicente (ben) Cabrera Pangelinan

Cha~n/7 1

Senator Tina Rose Muna-Barnes Member

Senator Dennis Rodriguez, Jr. Member. J ·ft./,/~- /\ .//c/,~

Senator Michael Sal! Nicolas Member

Senator Tommy Morrison Member

Senator Michael Limtiaco Member

Not To Pass

Report Out Abstain Inactive File Only

Office of

the People

Chairman Committee on Appropriations,

Public Debt, Legal Affairs, Retirement, Public Parks,

Recreation, Historic Preservation and Land

Member Committee on falucation,

Public Libraries arld Women's Affairs

Member Commit!L>e on General

G)vemment Operations m1d Cultural Affairs

Member Committee on Municipal

Affairs, Tourism, Housing and Hagati\a Restoration and Development Authority

Member Committee on Health & Human Services, Health

Insuranc-e Reform, E.c-unomic Development and Senior

Citizens

Member Committee on Aviation, (;round

1ransportation, Regulatory C~oncem-; and Future

Generatil)ns

I Mina'trentai Dos na Liheslaturan Guilhan

Senator Vicente (ben) Cabrera Pangelinan (D) ----~----~~-

Committee Report

Bill No. 307-32 (COR), An Act to amend Section 5102(d) of Title 7 of the Guam Code Annotated Relative to the power of the Judicial Council to adopt pay schedules and plans and to appropriate funds for the salary and benefit increases for non-law enforcement employees of the Judiciary.

I. OVERVIEW

The Committee on Appropriations, Public Debt, Legal Affairs, Retirement, Public Parks. Recreation, Historic Preservation and Land convened a public hearing on June 6, 2014 at 8:30 am in J Liheslatura 's public hearing room.

Public Notice Requirements

Notices were disseminated via hand-delivery and e-mail to all senators and all main media broadcasting outlets and newspaper of general circulation on May 30, 2014 (5-Day Notice), and again on June 4, 2014 (48 Hour Notice).

(a) Committee Members and Senators Present

Senator Vicente (ben) C. Pangelinan, Chairman Vice Speaker BJ Cruz, Vice Chair Senator Rory Respicio Senator Anthony Ada

(b) Appearing before the Committee

Robert J. Torres, Chief Justice of Guam Philip Carbullido. Justice of Guam Katherine A. Maraman, Justice of Guam Joshua F. Tenorio, Acting Administrator of the Courts. Judiciary of Guam Chris Budasi, Controller, Judiciary of Guam

(c) Written Testimonies Submitted

Robert J. Torres, Chief Justice of Guam Katherine A. Maraman, Justice of Guam Robbie T. Call, Public Defender Service Corporation Chief l nvestigator

···············--···· ···-------- ---------324 W~-SOledad Ave. Suite 100, Hag~ifia, c,:;~·;;:;·96910

Tel: (671) 473-(4BEN) 4236 - Fax: (671) 473-4238 - Email: office@senbenp.com

Website: http: I I senbenp.com

1

Bernadette L.P. Lizama, Personnel Specialist IV, Public Defender Service Corporation Bernadette S.N. Chargualaf, Administrative Director. Public Defender Service Corporation Sea C. Alvarez. Investigator II, Public Defender Service Corporation Jacqueline Z. Cruz, Court Program Administrator. Judiciary of Guam Virginia W. Yasuhiro, Judiciary of Guam John Q. Lizama, Chief Probation Officer. Judiciary of Guam Barbara Jean T. Perez, Human Resources Administrator, Judiciary of Guam Raymond L.G. Taimanglo, Procurement & Facilities Administrator, Judiciary of Guam Hanna Gutierrez Arroyo, Supreme Court Clerk of Court. Judiciary of Guam Danielle T. Rosete, Superior Court Clerk of Court. Judiciary of Guam Edward S. Toves, Marshal of the Courts, Judiciary of Guam Robert S. Cruz, Deputy Administrative Director, Judiciary of Guam B. Ann Keith. Staff Attorney. Judiciary of Guam Christopher M. Budasi, Controller, Judiciary of Guam Marcelene C. Santos, Public Guardian, Judiciary of Guam Pete F. Leon Guerrero, MIS Administrator, Judiciary of Guam Sophia S. Diaz, Staff Attorney, Judiciary of Guam Geraldine A. Cepeda. Compiler of Laws Pete Meno. Probation Officer Supervisor, Adult Drug Unit Probation Services Division.

Judiciary of Guam M. Erica Eschbach, Staff Attorney, Supreme Court, Judiciary of Guam

(d) Present at the public hearing, signed the sign up sheet to support Bill No. 307

Jackie Z. Cruz Rhonda Nelson Joleen Cruz Luz Carlos Dorene C. Damian Irene Leon Josephine Halin Abegail Mina Joey Antonio Marissa Anotnia Hanna G. Arroyo Julia B. Gogue Betty T. Mesa Scott E. Hermosilla Linda M. Perez Geraldine A. Cepeda Jerinie Duenas Nicole Lujan Yvette Blass-Ananich Pete A. Meno Melani Brennan Marcelene C. Santos

2

Sophia Diaz Bernadette SN Chargualaf Robbie T. Call Virginia Yasuhiro Dionne Shinohara Tess Lefer Maria Erica Eschbach Ciena Williams Albert Caldeo

II. COMMITTEE PROCEEDINGS

Chairman Vicente Pangelinan: Dangulo na si Yu 'os Ma 'ase, Justice Torres for joining us with the panel this morning on the Bill 307-32. introduced by Senator Frank Aguon, Jr., "An Act to amend Section 5102( d) of Title 7 of the Guam Code Annotated Relative to the power of the Judicial Council to adopt pay schedules and plans and to appropriate funds for the salary and benefit increases for non-law enforcement employees of the Judiciary."

1 want to thank you and your colleagues that are here and that have joined us this morning, most especially of course the court employees that are here with us personally this morning and all of the members of the public who are listening on the legislative channel this morning.

1 want to thank my colleague to the right of me. retired Chief Justice of the Supreme Court of Guam, Senator BJ Cruz who is also the Vice Speaker of the 32nd Guam Legislature and the majority leader of the 32nd Guam Legislature, Senator Rory Respicio, to my left.

We'll go ahead and start with the presentation of the Judiciary this morning and 1 would like to recognize Chief Justice Robert Torres and give him the opportunity to present the panel with him and of course present the testimony for the Judiciary of Guam.

We all know who you are, but for the record we would like for you to identiJy yourself when you begin testifying.

Chief Justice Robert J. Torres: Si Yu'os Ma'ase, Chairman Pangelinan. Hafa adai, Vice Speaker Cruz, Senator Respicio. With me to my letl is Justice Carbullido, to my right is Justice Maraman, so we have a full eomplement of Supreme Court Justices here prepared to testify on this very important piece of legislation. Also at the table is our acting Court Administrator, Joshua Tenorio as well as our comptroller, Chris Budasi.

Thank you Senator. first of all for recognizing our hard working and dedicated employees who are here. This is a very important piece of legislation for them and they are here to also show their support for the passage ofBill 307-32.

l also want to thank you for quickly rescheduling this public hearing. We knew that there was a cancellation previously because of unexpectec circumstances and we appreciate you for accomodating us so very quickly, recognizing the importance of this legislation for parity for

3

the Judiciary.

I prepared written testimony that I have already submitted and rather than read the entire testimony into the record. I will just paraphrase some of the key elements of it and then l will ask both Justice Carbullido and Justice Maraman to speak more on the Judiciary's behalf and on behalf of our employees.

The legislation that is before you is crucial as we endeavor to ensure that our employees are paid in parity with their fellow government servants in the exeutive branch. Although the executive branch has implemented the Competitive Wage Act of2014, the Judicial Council has not done so in light of an opinion from the acting staff attorney at the request of the Administrator of the Courts. The Judicial Council, which is charged with setting the pay scales for the Judiciary employees is bound to set the scales consistent with the Unified Pay Schedule, which was adopted in I 991. Although the existing statute contemplates it may be amended. the Judiciary wants statutory clarification to support any action by the Judicial Council to ensure that the Judiciary employees are paid properly. The whole intent of the bill is to focus on giving the Judiciary the legal authority to adopt the Competitive Wage Act pay scales and compensate our employees accordingly. In anticipation and in hope of receiving favorable consideration on the bill, our HR Department has developed the proposed policies and has gone through, looking at implementing the Competitive Wage Act based on the policies utilized by the Department of Administration, so it's consistent and in parity with that.

We wanted to ensure that our employees were provided the information about it. It was critical, especially with the questions that were raised about why the executive branch was implementing it and the Judiciary was not. We held a number of orientation sessions with them; I think maybe 20 or 25 sessions talking about the proposed policies.

One of the other aspects of the bill - when the pay scales were contemplated in the Competitive Wage Act and were implemented in the executive branch, we realized that the amount that was allocated to us was not sutlicient to sustain the updated pay scales for the remainder of this fiscal year. Our comptroller together with management staff worked through and identified the amount that would be necessary to fund the updated salaries and the benefits of the employees, pursuant to the proposed scales. That is also addressed in the bill.

Again, l just want to thank you for the opportunity for us to express support for the passage of the bill. The Judiciary and its employees look forward to bypartisan support for the bill, which will allow us to move forward with ensuring that our employees are paid in parity with the executive branch employees of the government of Guam. Thank you very much. Si Yu'os Ma'ase.

Chairman Vicente Pangelinan: Thank you and Si Yu'os Ma'ase, Chief Justice Torres.

Justice Phillip Carbullido: Thank you, Mr. Chairman, Vice Speaker Cruz and Senator Respicio. At the outset. I was looking at this bill this morning and l think there is a technical amendment that first needs to be made.

4

There is a reference in the bill on Section 3, on line 3 to subsection (b) of Chapter XI that has to do with all the money in Section 2, Chapter l I can be utilized - the appropriation that was earlier made. The appropriate section should really read, subsection (f). That is pertinent section regarding the expenditure of funds.

The Guam Legislature on February I passed Bill No. 268-32 that ultimately was vetoed by the Governor. But the legislature passed a Wage Compensation Act and included various measures, in terms of what it tell as a policy this government should adhere to in terms of the Wage Compensation Act. The bill before you today is consistent with what this body has already earlier indicated when it passed Bill No. 268-32. There were basically four compensation plans that were passed by the legislature; the general pay plan, the nurse pay plan, the educator pay plan and the attorney pay plan.

What we are asking from this body today, because of the veto of the earlier bill that did not - in the opinion of our legal counsel - allow us to implement the Competitive Wage Act, to obtain the proper authority for the Judicial Council to be authorized to implement the Competitive Wage Act consistent with the actions of the administration. This authorization will give the Judicial Council what already this body has indicated as a matter of policy, which is to enact through Bill 268-32.

As the Chief Justices has mentioned, the bottom line is that it is going to bring parity and equity to the employees across the line in terms of the government of Guam. Here, in particular is the Judicial branch, which we have an interest in advocating for. This bill is simply going to bring the employees, the non-enforcement employees of the Judicial branch the same status as their counterparts in the executive branch. With that Mr. Chairman on behalf of my colleagues and all the employees of the Judicial branch, we request your support to give the Judicial Council this authority to implement what this legislature has already announced should be enacted. Thank you, Mr. Chairman.

Chairman Vicente Pangelinan: Thank you and Si Yu'os Ma'ase, Justice Carbullido. Justice Maraman 9

Justice Katherine A. Maraman: Thank you, Mr. Chairman and members of the committee. I also appear in support of Bill No. 307-32.

I Read wTitten testimony verbatim. See attached]

Chairman Vicente Pangelinan: Thank you very much, Justice Maraman.

Justice Phillip Carhullido: Mr. Chairman, I know that you have yielded to me prior to Justice Maraman that I do want to add some statements on the record because there was a difference of opinion on the Judicial Council regarding the judge's salaries. 1 took the position that this is a matter that should be decided by the legislature and the focus of today's discussion should be on the employees and not the Judicial officers. However, if in the wisdom of the legislature, you feel that the salaries of the judges should also be increased and give that authority and power to

5

the Judicial Council_ then that's the discretion of the legislature and that is what this bill will accomplish.

I am not going to stand in the way of my colleagues rece1vmg compensation because it's deserving. I just feel that it is a departure from past practice and the judges are of the same standing as the ofiicials of government, including elected officials and the cabinet officials and this should be decided in a different way. However, if the legislature feels that the Judicial Council should be given the power to increase the salaries of the Judicial oflicers, which this bill accomplishes, then I will leave that to the wisdom of the legislature.

Chairman Vicente Pangelinan: Thank you and Si Yu'os Ma'aase. Mr. Tenorio9

Mr. Joshua Tenorio: Good morning Mr. Chairman, I am Joshua Tenorio. I am the acting Administrator and I would like to present to the committee some petitions from our employees that have signed in favor of passage of the legislation. I want to also point out that our law enforcement officers that have already received their adjustment have also joined in this effort to advocate for the increase for co-workers in the courts.

I also want to add that we hope the legislature will - in your committee - report this bill out and place it in the next session agenda, whenever that may be. I would like to point to Chief Justice's written testimony where we do proclaim that the bill does nothing to either retroactively or prospectively affect the executive branch's implementation of the CWA pay scales. We believe that this is narrowly written to address the court employees and we would like to ask for your support

Chairman Vicente Pangelinan: Thank you very much. Just a couple of questions: did the court receive the allocation for the portion of the competitive wage scale compensation from the appropriation that was provided in the bill that was passed?

Mr. ,Joshua Tenorio: Yes, we are consistently receiving those funds and we are setting those funds aside ready to implement

Chairman Vicente Pangelinan: You are receiving them on a

Mr. Joshua Tenorio: I believe bi-monthly basis with our regular allotment I will state on record that the only appropriation we have yet to receive has been the most recent one passed last month for paying the Judiciary for the law enforcement raises that have already been implemented. Otherwise, the executive branch has been cooperative and providing us full allotment for our appropriation and f()r the competitive wage act

Chairman Vicente Pangelinan: Okay. Thank you very much. Chief Justice Cruz, any questions? Senator Respicio?

Senator Rory Respicio: Thank you, Mr. Chairman. I just want to state for the record my continued support to maintain the Judiciary as a separate but co-equal branch of government We certainly feel your pain with how the governor has taken position with respect to the separation

6

of powers doctrine and how things are not supposed to be an equal playing field from his perspective, but certainly from our perspective it certainly should be.

Mr. Chairman, the Judiciary has gone on record advising the Department of Administration that they cannot be included in this Unified Compensation Pay Plan because of the separation of powers and the authority the legislature gave to the Judiciary and Judicial Council to set their own salaries, but they just ignored that Bill 307 seeks to restore that and I want to commend the Judiciary and l know it goes without saying, but this is one exan1ple of the Chief Justices comments were that we have to follow the application of the rule of law, even though it may have suited the advantage and realized the needs of the Judiciary, they certainly took the position that consistent with the rule of law there is no way the Judiciary could have moved forward to pay their employees the compensation that they deserve under this plan.

I am pleased with this bill and I thank you for having this hearing. Hopefolly it will be available for the next session so that we can move forward. Again, this is another example of how the legislature continues to respect and recognize the Judiciary as a separate but a co-equal branch of government. You have always done that. Mr. Chairman in your budget presentations in the past and in the present. Thank you, Mr. Chairman.

Chairman Vicente Pangelinan: Thank you and Si Yu'os M'aase, Senator Respicio. Senator Ada9

I want to acknowledge for the record that the committee also received sign up sheets totaling six sheets that showed support for Bill 307. I would like to give the panel the opportunity for closing remarks.

Chief Justice Robert J. Torres: It"s a pleasure to be able to argue vociferously on behalf of our employees and support Bill 307. Mr. Chairman, I think we put on the record the importance of getting this done. We just need to clarify the Judicial Council's action to be able to implement the Competitive Wage Act in accordance on how the legislature originally envisioned it previously. In the absence of that, our employees will continue to be left in limbo and in a quandary, which they do not deserve. They have been patient and have been willing to wait until the right thing is done. The time is now to do the right thing. Thank you very much.

Chairman Vicente Pangelinan: Once again. thank you very much Justice Torres and the panel for your presentation this morning.

You know. you say justice delayed is justice denied. But even justice that waits is justice denied. We will see what the committee can do in terms of ensuring that the employees of the Judiciary will not have to wait any longer. We will certainly transcribe the proceedings of the hearing this mornmg, prepare the committee report and file it with the Committee on Rules as soon as possible.

We wanl to thank you very much for your presence this morning. This is the only item on this public hearing agenda. We will adjourn this public hearing, but reconvene the call of the recess

7

on the Committee on Appropriations at 9:00am this morning for the presentation of budget for the Judiciary and the Public Defender Services Corporation.

This concludes the testimony on Bill No. 307-32 (COR). There being no additional individuals to present any additional testimony, this Committee will continue to remain open for the acceptance of any additional information or public testimony on the bill discussed. You can submit those testimonies to my office directly on Soledad Avenue, as well as the Guam Legislature or through any of the electronic processes either email at office@guam.net or through our website at senbenp.com

This hearing is adjourned.

III. FINDINGS & RECOMMENDATIONS

The Committee on Appropriations, Public Debt, Legal Affairs, Retirement, Public Parks, Recreation. Historic Preservation and Land, hereby reports Bill No. 307-32 (COR), as substituted, with the recommendation __ ...__~'""·····L--'"-'.d..-""-----

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MINA' TRENTAI DOS NA LJHESLATURAN GUAHA1V 2014 (SECOND) Regular Session

7, {) .,. • :>_ . ! . Bill No. _J_~_-_._- ( -''k)

Introd0<od by' FRANK B. AGUON, J~'

AN ACT TO AMEND SECTION 5102(d) OF TITLE 7 OF THE GUAM CODE ANNOTATED RELATIVE TO THE POWER OF THE JUDICIAL COUNCIL TO ADOPT PAY SCHEDULES AND PLANS AND TO APPROPRIATE FUNDS FOR SALARY AND BENEFIT INCREASES FOR NON-LAW ENFORCEMENT EMPLOYEES OF THE JUDICIARY

BE IT ENACTED BY THE PEOPLE OF GUAM:

Section 1. Amendment of§ 5102 of Chapter 5, Title 7 Guam Code

Annotated. Section 5102 (d) of Chapter 5, Title 7 GCA is hereby amended to

read as follows:

"( d) Notwithstanding any other provision of law, +!o adopt a ooified fl

pay plan and pay schedule§. for the classified and unclassified employees of

the Judicial Branch consistent with the :Hay St1:1dy aRd URified Pay Sehedtile

adapted iR 1991, as emended government-wide plan pursuant to Section 13

of Public Law 29-52 and Executive Order 2006-21or the transmittal of

Januarv 15, 2014 to I Liheslaturan entitled the Government of Guam

Competitive Wage Act of 2014, subject to appropriations as provided by

Liheslaturan Guahan;"

Section 2. Appropriation to the Unified Judiciary. The sum of Five

Hundred Ten Thousand Dollars ($510,000) is appropriated from the General Fund

to the Unified Judiciary for Fiscal Year 2014 salary and benefits increases for

classified and unclassifie-0 non-law enforcement employees consistent with

compensation policies adopted pursuant to 7 GCA § 51 02( d), as amended.

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1 Section 3. Notwithstanding any other provision of law, appropriations made

2 to the Unified Judiciary in Chapter Xl of Public Law 32-068 shall be used for

3 salary and benefit increases pursuant to subsection (b) of Chapter Xl of Public Law

4 32-068.

MINA' TRENT AI DOS NA LIHESLATURAN GUA.HAN 2014 (SECOND) Regular Session

Bill No. 307-32 (COR) As substituted by the Committee on Appropriations, Public Debt, Legal Affairs. Retirement, Public Parks, Recreation, ~Iistoric Preservation, and Land.

Introduced by: FRANK B. AGUON, JR.

AN ACT TO AMEND SECTION 5102(d) OF TITLE 7 OF THE GUAM CODE ANNOTATED RELATIVE TO THE POWER OF THE JUDICIAL COUNCIL TO ADOPT PAY SCHEDULES AND PLANS FOR NON-LAW ENFORCEMENT EMPLOYEES OF THE JUDICIARY

1 BE IT ENACTED BY THE PEOPLE OF GUAM:

2 Section 1. Amendment of§ 5102 of Chapter 5, Title 7 Guam Code

3 Annotated. Section 5102 ( d) of Chapter 5, Title 7 GCA is hereby amended to

4 read as follows:

s "( d) Notwithstanding any other provision of law, +to adopt a unified a

6 pay plan and pay schedules for the classified and unclassified employees of

7 the Judicial Branch consistent with the Hay Study and Unified Pay Schedule

8 adopted in 1991, as amemied government-wide plan pursuant to Section 13

9 of Public Law 29-52 and Executive Order 2006-21 or the transmittal of

10 January 15, 2014 to I Liheslaturan entitled the Government of Guam

11 Competitive Wage Act of 2014, subject to appropriations as provided by

12 Liheslaturan Guahan;"

13 Section 2. Notwithstanding any other provision of law, appropriations made

14 to the Unified Judiciary in Chapter XI of Public Law 32-068 shall be used for

15 salary and benefit increases pursuant to Section 2 subsection (f) of Chapter XI of

16 Public Law 32-068.

Mina'trentai Dos na Liheslaturan Guahan 32ND GUAM LEGISLATURE

Senator Vicente "ben" Cabrera Pangelinan

COMMITTEE ON APPROPRIATIONS, PUBLIC DEBT, LEGAL AFFAIRS, RETIREMENT, PUBLIC PARKS, RECREATION, HISTORIC PRESERVATION AND LAND

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Mina'trentai Dos na Liheslaturan Guahan 32ND GUAM LEGISLATURE

Senator Vicente "hen" Cabrera Pangelinan

COMMITTEE ON APPROPRIATIONS, PUBLIC DEBT, LEGAL AFFAIRS, RETIREMENT, PUBLIC PARKS, RECREATION, HISTORIC PRESERVATION AND LAND

Friday, June 6, 2014 Bill No. 307-32 (COR)

SIGN UP SHEET

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Senator Vicente "hen" Cabrera Pangelinan

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g.,11prr11tr \Co11rt of ®11a111 SUITE 300 GUAM JUDICIAL CENTER

1 20 WEST O'BRIEN DRIVE, HAGATNA, GUAM 96910-5 I 7 4 www_guamsupremecourt_com

Telephone: +1(671)475-3300 •Facsimile: +1 (671) 475-3337 HON. ROBERT J. TORRES

CHIEF JUS11CE

June 6, 2014

The Honorable Vicente C. Pangelinan Chairman Committee on Appropriations, Public Debt, Legal Affairs, Retirement, Public Parks, Recreation, Historic Preservation and Land Suite 10 I Quan Building 324 W. Soledad Avenue Hagatna, Guam 96910

Subject: Bill 302-32

Dear Chairman Pangelinan:

Hilfa Adai! On behalf of the Judiciary of Guam, thank you for providing the opportunity to testify in favor of Bill 307-32 (COR), AN ACT TO AMEND SECTION 5102(D) OF TITLE 7 FOR THE GUAM CODE ANN OT A TED RELATIVE TO THE POWER OF THE JUDICIAL COUNCIL TO ADOPT PAY SCHEDULES AND PLANS AND TO APPROPRIATE FUNDS FOR SALARY AND BENEFIT INCREASES FOR NON-LAW ENFORCEMENT EMPLOYEES OF THE JUDICIARY.

This proposed legislation is crucial as the Judiciary endeavors to ensure that its employees achieve parity in pay with their fellow government servants in the executive branch.

Although the executive branch has implemented the Competitive Wage Act of 2014 ("CWA") pay scales, the Judicial Council ha<; refrained from doing so, in light of an opinion from the Judiciary's acting staff attorney prepared at the request of the acting Administrator of the Courts. Under current law, the Judicial Council, which is charged with setting the pay scales for the Judiciary's employees, is bound to set such scales consistent with the Unified Pay Schedule adopted in 1991. Although 7 GCA § 5 l02(d) contemplates that the Unified Pay Schedule may be amended, the Judiciary seeks statutory clarification to support forthcoming action by the Judicial Council, to ensure that the Judiciary's employees are paid properly.

Bill 307-32 does nothing to either retroactively or prospectively affect the executive branch's implementation of the CW A pay scales. Section I of its language is focused on a singular goal: give the Judiciary the legal authority to adopt the CW A pay scales and compensate its employees accordingly. The Judiciary is certain that the members of I Liheslaturan Gu!ihan would agree that it is important that government employees be paid equal pay for equal work and that employees of the Judiciary should not be compensated at lesser rates simply by virtue of their place of employment.

Page 1of2

In the hope of receiving favorable legislative action and for planning purposes, management presented to the Judicial Council at its meeting on April 17, 2014 proposed Classification & Compensation Implementation Policy and Procedures. The Judiciary's Human Resources Division ("HR") developed the proposed policies after a thorough review of the policies utilized by the Department of Administration to implement the CW A pay scales. To the extent possible, HR sought to ensure that the Judiciary' s implementation will be consistent with the procedures in use by DOA. Some aspects of compensation policy, however, are set forth in statute, and HR has incorporated those statutory requirements wherever applicable in the proposed policies. Additionally, HR has conducted over twenty orientation sessions to provide the Judiciary' s employees with information about the proposed policies and how the changes may affect them.

When the pay scales contemplated in the CW A were implemented in the executive branch, the Judiciary recognized that it did not have sufficient funding to sustain the updated pay scales for the duration of the fiscal year. Thus, this bill also appropriates the money necessary to fund the updated salaries and benefits of the Judiciary' s employees pursuant to the proposed scales.

Thank you again for the opportunity to express support for the passage of Bill 307-32. The Judiciary and its employees look forward to bipartisan support for the bill, which will allow the Judicial Council to move forward with ensuring Judicial employees receive parity in pay with executive branch employees of the Government of Guam.

Robert J orres ~ Chief Justice of Guam

Hon. Katherine A. Maraman Justice

~11prr111r QC011rt of <.@11a111 SUITE 300 GUAM JUDICIAL CENTER

1 20 WEST O'BRIEN DRIVE, HAGATNA, GUAM 969 10-51 7 4 www.guamsupremecourt.com

The Honorable Vicente (ben) Cabrera Pangelinan Chair, Committee on Appropriations, Public Debt et al I Mina'rentai Dos Na Liheslaturan Guahan 155 Hesler Place Hagatna, GU96910

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Re: Bill No. 307-32 (COR)

Dear Mr. Chairman and Members:

I urge you to pass Bill No. 307-32 (COR). Many court employees have observed the law enforcement personnel at the court receive well deserved increases in salary. This measure if enacted into law will permit the Judicial Council to implement the government-wide compensation plan which increases compensation of non-law enforcement personnel. In the past several years performance requirements have increased for these employees. Budget limitations in the past several years have left many positions unfilled resulting in increased workloads. The employees deserve greater compensation for the tasks that they perform competently in a professional, caring manner.

I also appear today in support of increased compensation for the trial judges. The Hay Group recommended that the trial judge salary increase from $121,664 to $128,6851

.

Some members of the Judicial Council are restrained from voting on this increase and others believe that the Judicial Council should not act on Judicial Officer salaries. As a result I am concerned that this small, but deserving group of employees may be passed over. So, I ask that this bill be amended to include the recommended salary adjustment for trial court judges.

Thank you for considering my appeals.

Respectfully,

-~/.YJ1C1~ '-/\~THERINE A. MARAMAN

'The Hay Group did not recommend a change in salary for the Chief Justice, Associate Justices and Presiding Judge.

PUBLIC DEFENDER SERVICE CORPORATION (Kotperasion Setbision Defensot Pupbleku)

GOVERNMENT OF GUAM MVP Commercial Bldg. Unit 8 Route 4 Sinajana, GU 96910

Tel: (671) 475-3100 Fax: (671) 477-5844

June 6, 2014

Memorandum: Written Testimony

To:

cc:

From:

The Honorable Senator Frank Aguon 32nd Guam Legislature

Executive Director- Eric D. Miller Administrative Director- Bernadette SN. Chargualaf

PDSC Chief Investigator- Robbie T. Call

Subject: Support for Bill 307 in the adoption of PDSC employees to be part of and compensated equally within the Competitive Wage Act of 2014

Buenas yan Hafa Adai,

In May of 2010 the Hay Group presented their findings and report via a Government of Guam Project Report. The report evaluated and compared the previous 1991 Unified Pay scale/plan and as a result developed an updated pay schedule(s) that lead to the current law under the Competitive Wage Act of 2014.

The "comprehensive study" by the Hay Group in partnership with the Department of Administration Personnel Services Division reviewed job classifications, job evaluations, and compensation practices. This was coupled by the underlying objective of maintaining and improving the various missions of the Government of Guam agencies/departments. The Hay Group "project methodology" of developing a compensation philosophy and a plan administration was based upon 4 factors or elements:

1. Classification (the description of work); 2. Job Evaluation (the measurement of work); 3. Pricing/Pay Structure (the value of work); 4. Pay Delivery (the recognition of performance of work).

The study evaluated about 200 specific jobs using the Hay Group methodology to include an analysis and review of separate pay plans (executive, education, nurse, law-enforcement, & attorney positions), and autonomous agency plans.

The process of this study basically evaluated "internal equities & external competitiveness" which aligns with 4GCA Chp.6 ss6301 (a); and that "all aspects of compensation (base salaries, benefits, pay differentials, and other factors) will be considered as a total reward and incentive package for

employees and shall be consistent and uniformly administered through the government." 4GCA Chp.6 ss6301 (e)

In addition, according to 4 GCA Chp.6 ss6302 (a) & (b) these two sections discuss how the Director of Administration and the Judicial Council shall use and administer "the Hay Group methodology or any other classification methods" and that both authorities "may reassign pay grades as they deem necessary". That the "reassignment shall be based upon the calculation of Hay points or points established by other experts" ... "for the sake of consistency and uniformity of results."

Therefore it seems only reasonable and fair that the investigators of the Public Defender Service Corporation and the Alternate Public Defender be equally compensated to our counterpart positions of investigators at the Office of the Attorney General of Guam. The work similarities, job specifications, duties, responsibilities, knowledge, skills, abilities, and practical applications of tasks are almost if not identical. We contact and interview the same victims and witnesses. We investigate potential leads to obtain more information. We provide investigative findings and reports that are evaluated by attorneys. We identify and preserve evidence for evaluation and trail. We assist attorneys with the preparation and presentation of trail before the Courts. And, we do all this without use of Jaw-enforcement resources like a uniform presence, a fire-arm, radio communications, back-up assistance, or any means of protection other than our smarts and wits.

A simple test or comparison of job specifications of the two comparative investigator positions would reveal striking similarities. This would lead to a conclusion that an applicant would qualify for either position in both offices. I would additionally submit that a majority of the investigators from the PDSC and APO have prior law-enforcement experience and/or mHitary experience that is highly sought and looked upon in both offices.

Lastly, I would respectfully and humbly ask that Bill 307 be amended to add all personnel within the Public Defender Service Corporation and the Alternate Public Defender into the new pay standards of the Competitive Wage Act of 2014. The new pay standard should be uniformly and fairly appl'1ed to all positions within the Government of Guam to provide for equity and just compensation.

I respectfully submit this memorandum for review and consideration.

7-/Jf obbie T. Call DSC Chief Investigator

2

DlffCTOI Eric D. Miler

ADMINJSTIATIV!DtRECTOI Bemodette S.N. Chargvoiaf

PUBLIC DEFENDER SERVICE CORPORATION (Kotperasion Setbision Defensot Pupbleku)

GOVERNMENT OF GUAM 779 Route 4

Sinajana, Guam 96910 Tel: (671) 475-3100 D Fax: j671) 477-5844

WRITTEN TESTIMONY IN SUPPORT OF Bill NUMBER 307

STAFF ATTOINEYS Richard S. Dirkx

T erraoce A. Long Loretto T. Gutierrez~long

Pablo M Aglubat Raymond B. Hogon Jocelyn M. Roden

Peter J. Sablan Maia G. Rtzpattick

Ali N. Nusbaum Sureth Sampath

Brian E. Kegerreis Mikos.Jo S. Henderson

Wiliom B. Jones

Public Law 29-105 established the Public Safety and Law Enforcement Compensation Review for respective classes of positions within the public safety and law enforcement occupational groups. It authorized the Director of the Department of Administration to perform the review of the compensation, benefits, position requirements and duties of all public safety and law enforcement positions to include those same positions utilized at the Courts of Guam, Guam Police Department, Guam Fire Department, Department of Corrections, Customs and Quarantine Agency, Jose D. Leon Guerrero Commercial Port Authority Police, A.B. Won Pat International Airport Police and Rescue and Firefighting Divisions, Department of Parks and Recreation, Department of Agriculture, Attorney General's Office and the Department of Youth Affairs, to provide for internal equity and external competitiveness and with said Plan to be uniformly administered throughout the government of Guam.

The review was conducted by the Department of Administration, Human Resources Division, Classification and Pay Branch, which I was a part of. The sources that were utilized to determine which positions were classified as public safety and law enforcement are as follows:

• CSC Classification & Compensation Plan (January 1995) o V. Business Regulation, Public Safety & Related

• A. Safety Inspection & Administration • B. Compliance Inspection/Enforcement • C. Legal Investigation • D. Public Safety • E. Security & Correction

• Title 8 Guam Code Annotated (GCA), Chapter 5, §5.55 Peace Officer Definition • Title 9 GCA, Chapter 89 §89.01 Law Enforcement Definition • Title 10 GCA, Chapter 75 §75100 Law Enforcement Personnel, Employee or Position Definition

Based on the above, a listing of positions along with departments and agencies utilizing these positions was compiled. However, please be advised that at the time of the review, DOA/HR was not aware that the Public Defender Service Corporation (PDSC) was utilizing the Investigator Series and was left out of the abovementioned listing. It was not until I had moved to PDSC that it was discovered that the Investigators were not under the Law Enforcement Pay Plan. Upon the discovery, I had reviewed the job specifications for PDSC Investigators and compared it with the AG's Investigators and found that they were doing the same investigative duties and responsibilities. I had contacted DOA/HR and

brought up my findings and it was mutually determined that the Investigators at PDSC should be included in the Law Enforcement Pay Plan and that it should be retro back to 2008.

In addition, please note that with the Competitive Wage Act of 2014, the Investigator Series is not included in this pay plan, which will leave our PDSC Investigators in the 1991 Unified Pay Plan. This will cause inequity in pay with other Investigator series, unfairness in external competitiveness and bring morale down as they will be the only employees not benefitting in any pay increase.

Therefore, I humbly request that you amend Bill 307 to include a provision that will officially place our PDSC Investigators under the Law Enforcement Pay Plan, as well as provide the funding necessary to bring them up to par with their counterparts at the office of the Attorney General (investigators).

BERNADffiE LP. LIZAMA Personnel Specialist IV

DIHCTOI Eric D. Mller

PUBLIC DEFENDER SERVICE CORPORATION (Kotperasion Setbision Defensot Pupbleku)

ADMINISTltATIVEDIREClOlf Bemodette S.N. Chargualaf

Senator Vicente (ben) C Pangelinan Chairman,

GOVERNMEHT OF GUAM 779 Route 4

Sinajana. Guam 9 6910 Tel: (671) 475-3100oFax:1671) 477-5844

June 06, 2014

Committee on Appropriations, Public Debt, Legal Affairs, Retirement, Public Parks, Recreation, Historic Preservation, and Land

I Mina' Trentai Dos Na Liheslaturan Guahan 324 W Soledad Avenue, Suite 101 Hagatna, GU 96910

Re: Written Testimony SUPPORTING Bill No. 307 with PDSC's Request for Amendments

Dear Senator Pangelinan:

UIJ-W·''-1

STAn AlTOINEYS Richard S. Dirkx

Terrance A. Long Loretta T. Gutierrez-Long

Poblo M Aglubot Raymond B. Ilagan Jocel-yn M. Roden

Peter J. Sablan Mario G. Fitzpatrick

Ali N. Nutbaum Suresh Sampath

Brion E. Kegerreil Mikaela S. Henderson

Wiliam B. Jone!

As you know, the above-referenced bill sponsored by Senator Frank A Aguon, k seeks to provide $510,000 directly from the General Fund to the Unified Judiciary for Fiscal Year 2014 salary and benefits increases for classified and unclassified non-law enforcement employees consistent with compensation policies pursuant to 7 GCA §5102( d) as amended. The bill additionally provides that "appropriations made to the Unified Judiciary in Chapter XI of Public Law 32-068 shall be used for salary and benefit increases pursuant to subsection (b) of Chapter XI of Public Law 3 2-068.

Correspondence transmitted to your office on May 14, 2014 reflected the financial impact of the Competitive Wage Act of 2014 (CWA) upon the Public Defender Service Corporation (PDSC). To implement the intent of the CW A, the PDSC requires a total of $239,302 for non-law enforcement personnel. Public Law 32-068 appropriated $75,497 for this purpose, resulting in a shortfall of $163,805. To date, we have not been able to pay out any part of this obligation, since funding is not available.

The dilemma faced by PDSC investigators relative to their non-inclusion in the Law Enforcement Pay Plan promulgated in 2008, and their omission in the General Pay Plan (CWA) has also been called to your attention. Our Personnel Specialist IV, Bernadette LP. Lizama submits additional testimony herewith, hoping to provide a brief summary as to the inadvertent omission of PDSC investigators when the Department of Administration conducted its review of various government agencies to determine which positions were to be covered in the Law Enforcement Pay Plan.

We provide this testimony to reiterate the obvious disparity between employees of the executive branch, who have been enjoying the fruits of the CW A retroactive to January 26, 2014, as compared to the Unified Judiciary's non-law enforcement personnel, and the PDSC's employees who have yet to see a red cent

I am confident that Bill No. 307's intent is to resolve this inequity as it involves the United Judiciary. Let us not forget that the PDSC is also a part of the judicial branch of the government of Guam, as adjudicated in Superior Court of Guam Civil Case Number 642-76.

Recognizing this, I PLEAD WITH YOU TO AMEND BILL NO. 307 TO INCLUDE THE PDSC EMPLOYEES who work just as diligently to ensure justice for all in our island community.

Thank you so much for this opportunity. We look forward to working with you in this regard, and most certainly appreciate your favorable consideration in this matter.

Respectfully submitted,

~ BERIN~E;) .N. CHARGUALAF Ad~l~is'ttirt/mrector

June 5. 2014

PUBLIC DEFENDER SERVICE CORPORATION

(Kotperasion Setbision Defensot Pupbleku) GOVERNMENT OF GUAM 200 Judicial Center Annex

11 O West O'Brien Dnve Agaiia, Guam 96910

Tel: (671) 475-3100: Fax: 477-5844

To: Senator Frank Aguon, Jr., 32nd Guarn Legislature

Via: Bernadette Chargualaf, Administrative Director Robbie T. Call, Chief Investigator

From: Sea C. Alvarez, Investigator II

Legislative Testimony regarding Bill 307--32

As the Government of Guam. including the Judiciary, moves forward with

the implementation of the Competitive Wage Act, as is the intention of Bill 307-

32, Public Defender Service Investigators, are at risk of being left even further

behind.

As attested to by Ms. Bernie Lizama, Public Defender Investigators were

omitted from Public Law, 29-105, which provided the Attorney General's Office

Investigators a 40% salary increase, along with other public safety and law

enforcement personnel.

Since 2008, with salaries and resources significantly less than those of the

Attorney General's Investigators, Public Defender Investigators have carried out

duties and responsibilities practically identical to those of the AG Investigators.

PD Investigators have interviewed thousands of victims and witnesses, gathered

and maintained volumes of evidence, prepared hundreds of investigative reports,

assisted in the preparation of criminal defense for trial, and presentation of those

defenses at trial. At the Public Defender Service Corporation, the work of

Investigators, in the last 6 years, has contributed to and been the reason for

numerous acquittals of innocent clients, many dismissals resulting from evidence

uncovered by a Public Defender Investigator, and hundreds of plea bargains with

appropriate sentences resulting from mitigating evidence also uncovered by a

Public Defender Investigator.

Senator Aguon has proven~ commitment to ensuring fairness and equity

in compensation for Government of Guam employees with the introduction of (Bill

307-32) for the implementation of the Competitive Wage Act at the Judiciary of

Guam. We humbly request fairness and equity for Public Defender Investigators

through the authorization of the placement of Public Defender Investigators on

the Law Enforcement Pay Plan in Bill 307-32.

T;Z';?ooid•mtim Sea C. Alvarez

Investigator II

Memorandum

To:

From:

Subject:

June 5, 2014

Honorable Senator Vicente "hen" Pangelinan Chairman, Committee on Appropriation, Public Debt, Legal Affairs, Retirement, Public Parks, Recreation, Historic Preservation and Land

Judiciary of Guam Management

Testimony in Support of Bill No. 307-32 (COR), Competitive Wage Act of 2014

Hafa adai Senator Pangelinan. We humbly submit this testimony in support of Bill 307-32 (COR), to implement the Competitive Wage Act (CWA) of2014 for all Judiciary of Guam non­law enforcement employees.

Salaries of our law enforcement officers were addressed years ago which earned them a 40% pay increase. In sharp contrast, salaries of our non-law enforcement employees have not been addressed since 1991, as documented by the Hay Group in their 2010 report. This report stated "it has been nearly two decades since the Government of Guam (the Government) last undertook a comprehensive classification, job evaluation and compensation study for positions covered by its Unified Pay Plan, as well as elected and appointed positions."

The salaries of government employees were below the national average. However, the Executive Branch implemented the CWA on January 26, 2014. This leaves the rate of pay for Judicial and Legislative Branch employees unaddressed.

We are supportive ofBi!l 307-32 (COR) for the Judicial Branch for the following reasons:

I. Our employees deserve parity with their Executive Branch counterparts who currently earn a greater rate of pay.

2. Our employees should be paid retroactively to the date the CW A was implemented by the Governor of Guam for Executive Branch employees.

3. Our employees are Government of Guam employees who simply work in the Judicial Branch.

4. Our employees contribute to the Government of Guam Retirement Fund.

estimony in Support of Competitive Wage Act of2014 for Judicial Branch Employees Bill No. 307-32 (COR) Page 2 of 3 Pages

5. Retirement annuities for Executive Branch employees who retire prospectively will be based on their CW A rate of pay, while retirement annuities for Judicial Branch employees will not.

This is a liability that the Government of Guam needs to address.

The employees of the Judicial Branch are hard-working, dedicated and committed to excellence in public service. They deserve equal pay for equal work, and the increase in pay will undoubtedly improve morale in our workforce, and reaffirm their confidence in our leaders.

Our employees have been patient and continue to be diligent in the delivery of services to our island community in spite of the pay disparity. Judiciary employees deserve to be recipients of benefits afforded other Government of Guam employees. The time to act is now, recognizing employees in the Judicial Branch as equal and well deserving workers of our government.

In closing, thank you for scheduling this Public Hearing. Your support of the Judicial Branch and our employees is deeply appreciated. Si Yu'os Ma'ase.

Senseramente,

Judiciary of Guam Management

Jatiruz Court Programs Administrator

~~~ Human Resources Administrator Sup Clerk f Court

~scte Superior Court Clerk of Court Deputy Administrative Director

B. Ann Keith

-~ ~chbach

Staff Attorney, Judiciary of Guam Controller Staff Attorney, Supreme Court

. estimony in Support of Competitive Wage Act of 2014 for Judicial Branch Employees Bill No. 307-32 (COR) Page 3 of 3 Pages

epeda Compiler of Laws

~:-==-, Pete F. Leon Guerrero MIS Administrator Staff Attorney, Judiciary of Guam

Committee on Appropriations. Public Debt, Legal Affairs, Retirement, Public Parks. Recreation, Historic Preservation and Land 32"d Guam Legislature 155 Hesler Place Hagatna, G lJ 96910

June 6. 2014

Dear Mr. Chairman and Committee Members of the Legislature.

Thank you for allowing me the opportunity to submit written testimony regarding this Bill. I am submitting this written testimony in support ofBill 307-32 (COR) relative to the power of the Judicial Council to adopt pay schedules and plans and to appropriate funds for salary and benefit increases for non-law enforcement employees of the Judiciary. This bill ensures that the Judiciary has both the authority and financial ability to implement the pay scales outlined in the Competitive Wage Act of2014 relative to the non-law enforcement workforce. It allows the Judicial Council to adopt compensation plans consistent with those currently in use by the executive branch. Additionally it appropriates amounts needed to pay employees according to the CW A pay scales. As a probation officer supervisor. this bill addresses non-law enforcement wages in the Judiciary that are not comparable with our mainland counter parts. The marshals and probation officers have received increments as a result of P.L.29-105. Bill 307-32 (COR) is a commendable effort to create some type of parity within the Judiciary and the executive branch.

Again, !hank you, for allowing me this opportunity to present this written testimony.

Probation Officer Supervisor Adult Drug Unit Probation Services Division Judiciary of Guam

SUITE 300 GUAM JUDICIAL CENTER

120 WEST O'BRIEN DRIVE, HAGATNA, GUAM 96910-5174 www,guarnsupremecourt,com

Telephone: +1(671)475-3395 •Facsimile: +1(671)475-3140

June 9, 2014

VIA HAND DELIVERY

Honorable Vicente C, Pangelinan Senator, I Mina'trentai Dos Na Liheslaturan Guahan 324 West Soledad A venue, Ste. 10 I Hagiitfia, Guam 96910

Re: Testimony in Support of Bill No. 307-32 (COR), An Act to Amend Section 5102!d) of Title 7 of the Guam Code Annotated Relative to the Power of the Judicial Council to Adopt Pay Schedules and Plans and to Appropriate Funds for Salary and Benefit increases for Non­Law Enforcement Employees of the Judiciary

Hafa Adai, Senator Pangelinan:

I humbly submit this testimony in support of Bill No. 307-32 (COR), which would bestow upon the Judicial Council the power to adopt a pay plan and pay schedules for the classified and unclassified employees of the Unified Judiciary of Guam consistent with the Government of Guam Competitive Wage Act of 2014 ("CWA").

As Staff Attorney for the Supreme Court of Guam, I supervise and recruit the Research Attorneys, or law clerks, of the Supreme Court. These individuals are primarily tasked with examining the relevant legal issues arising from cases brought before the court and dratiing the orders and opinions of the court. Because of the nature of the position, we attract some of the nation's top law school graduates. This has been the case despite the relatively low salary for entry level attorneys under the pre-CW A Government of Guam attorney pay scale adopted in 1991. Under the pre-CW A scale, entry level attorneys earn an annual salary of $40,352.00. This salary, while relatively high compared to the pre-CW A entry level salaries of most Government of Guam positions, is quite low when the high cost and rigor of a law school education and the earning potential of an attorney in the private sector are all considered.

The Research Attorneys and law clerks of the Judiciary of Guam continue to be paid under the pre­CW A attorney pay scale. Meanwhile, attorneys in the Executive Branch, namely, the Office of the Attorney General, are being paid under the attorney pay plan adopted in the CW A. Under the CW A attorney pay plan, entry level attorneys earn an annual salary of $50,825.00; in other words, an entry level attorney at the Office of the Attorney General earns approximately 25% more than a similarly situated attorney at the Judiciary of Guam,

The Judiciary of Guam is an equal opportunity employer and provider.

I can only assume that the primary reason there has not heen a mass exodus of our attorneys-or of Judiciary employees in general, for that matter-to the Executive Branch is the hope that Judiciary employees will soon he paid in parity with other employees in government service. Should Bill No. 307-32 (COR) not pass, however, the Judiciary will have a difficult time recruiting and retaining its attorneys and other employees.

The employees of the Judiciary deserve parity in pay with their Executive Branch counterparts. The hottom line is that if Judiciary employees continue to he paid at the pre-CW A salary rates, the Judiciary will he unable to compete with its sister branch in both the recruitment and retention of its employees. As a co-equal hranch of government, the Judiciary deserves an equal playing field with respect to attracting potential talent and retaining current ones. For these reasons, I humhly ask for I Liheslatura's support of Bill No. 307-32 (COR).

Un dangkolu na si Yu·os ma'ase for your time and consideration.

Senseramente,

Erica Eschbach Staff Attorney Supreme Court of Guam

The Judiciary of Guam is an equal opportunity employer and provider.

~~ \ COA-1~1IT1"EE ON RULES 11ifina'trcntai Dos fftl Lihcs/aturtin Gudhan • The 32nd Guam LegisL1ture 155 Hesler PI ace, Hag<ltfla, (;ua1n 96910 • uuctl\<;ttdJTt!eg:JslatHre.cont E··tnail: rtn)fin:i:;u-1un@)(n1ail.co111 • "IeI: (6'7 l }'472~7679 • Fa:x: ( 671)472_.3S:i 7

Senator Rory). Respicio

CHAIRPERSON

MAJORITY LEADER

Senator Thomas C. Ada

VrCF. CHAIRPERSON

AssrsTANT l\faJORfTY LEADER

Senator Vicente (Ben) C. Pangelinan

Member

Speaker Judith T.P. Won Pat, Ed.D.

Member

Senator Dennis G. Rodriguez, Jr.

Member

Vice~Speaker

Benjamin J.F Cruz 'vlember

Legislative Secretary Tina Rose Mufia Barnes

Member

Senator Frank Blas Aguon, Jr.

Member

Senator M icbael F.Q. San !\ ico!as

'v·JernbPr

Senator V. Anthony Ada

Member MINORITY LEADER

Senator Aline Yarndshita

Member

June 5, 2014

Memorandum

To: RennaeMeno Clerk of the Legislature

// v

From: Senator Rory J. Respicio/ Majority Leader & Rules Chair

Subject: Fiscal Note

Hafa Adai'

Attached please find the fiscal note for the bill number listed below. co Please note that the fiscal note is issued on the bill as introduced.

FISCAL NOTE: Bill No. 307-32(COR)

Please forward the same to MIS for posting on our website. Please contact our office should you have any questions regarding this matter.

Si Yu'os ma'iise' 1

671 4722825 05: 16:25 pm. 06-04-201L

BUREAU OF BUDGET & MANAGEMENT RESEARCH OFFJCEOFTHEGOVERNOR

Post Office Box 2950, Hagatfia Guam %932

EDDIE BAZA CAL VO GOVcl<NOR

RAY TENORIO LIEUTENANT GOVERNOR

Senator Rory J. Respicio Chairperson, Committee on Rules I Mina'trentai Dos na Liheslaturan Guahan The 32nd Guam Legislature 155 Hesler Place Hagatna, Guam 96932

Hafa Adai Senator Respicio:

JUN 0 4 2014

Transmitted herewith is Fiscal I\ote on the following Bill No.: 307-32(C0R).

JOSE S. CAL VO ACTING DIRECTOR

JOHN AB PANGEUNAN ACTING DEPUTY DIRECTOR

If you have any question(s), please do not hesitate to call the office at 475-9412/9106.

Enclosures cc: Senator Vicente (ben) Pangelinan

t1!&/~ ;,ES.CALVO Acting Director

671 4722825

Bareau of Badget & Maruigement Research Fl!ul Note of BIR No. 307-32 (COR)

OS: 18:00 p.m. 06-04-2014

~ACT TO AMEND SE en ON 510l(d) OF TIILE 7 OF TIIE GUAM CODE ANNOTATED RELA 11VE TO 111£ POWER OF 11IE JUDICIAL COUNCIL TO ADOPT r A Y SCHEDULES AND PLANS AND TO APPROPIUA TE FUNDS FOR SALARY AND BENEFlT INCREASES FOR NON-LAW ENFORCEMENT EMPLOYEES OF IBE JUDICIARY.

Justice

epartmtnt's Gfllentl Fund (GF) app-ropriation(s) to daft!

Department's Other Fund (Sp«ify) appropriation(s) to date: Safe Streets Fund

FY 2011 Uarnierved Fund Balancc1

FY 201-4 Adopted Revenues

FY 2014 Appro. (fL No. 32=68 through PL 32;147l

Sub-total:

One Full Fiscal Year

(if applicable)

so

$0

Total

FY 1014

$510.000

so

510000

FY 2015

I I

N/A NIA

11 NIA

$0

so

FY 2016

I I \'ti

I 1 / Ytt

I I Ye• I I Yes I I Yn I I Yts /1 I Ytt

$0

$0

21;,279,638

146,205

FYl017

Ix! No

I I No

/'1/ No h. I Ne !xi No Ix I No I I No

$0

$0

314

671 4722825 05: 18: 14 p.m. 06-04-2014

COMMENTS TO BILL No. 307-32(COR)

AN ACT TO AMEND SECTION 5102(d) OF TITLE 7 OF THE GUAM CODE ANNOTATED RELATIVE TO THE POWER OF THE JUDICIAL COUNCIL TO ADOPT PAY SCHEDULES AND PLANS AND TO APPROPRIATE FUNDS FOR SALARY AND BENEFIT INCREASES FOR NON­

LAW ENFORCEMENT EMPLOYEES OF THE JUDICIARY.

The proposed bill is seeking to appropriate the sum of Five Hundred Ten Thousand Dollars ($510,000)

from the General Fund (GF) to the Unified Judiciary for Fiscal Year 2014 salary and benefits increases for

classified and unclassified non-law enforcement employees consistent with compensation policies

adopted pursuant to 7 GCA §5102(d), as amended.

Based on a letter to the Speaker of the 32"' Guam Legislature by the Acting Administrator of the Courts

dated February 20, 2014 (Re: Government of Guam Competitive Wage Act of 2014), he requested the

full amount of $506,815 in order to implement salary increases beginning January 26, 2014 (date of

implementation) to the end of FY14.

Pursuant to Section 2(d), Chapter XI of P.L. 32-068, 6.67% of the $7,055,357 is appropriated to the

Unified Judiciary for its Classified and Unclassified personnel for the purpose of implementing the

Government-wide Position Classification, Compensation & Benefits Study. It is noted that $470,592 has

already been allocated to the Judiciary of Guam for FY2014. The intent of this Bill is to provide a

supplemental appropriation of $510,000, to the amount already appropriated above, in order for the

Judiciary to cover its locally funded personnel service requirements for the remaining months of this

fiscal year.

Lastly Section 3 of the bill states "Notwithstanding any other provision of law, appropriations made to

the Unified Judiciary in Chapter XI of Public Law 32-068 shall be used for salary and benefit increases

pursuant to subsection (b) of Chapter XI of Public Law 32-068," which is a reaffirmation of the purpose

for such appropriation.

414

COM~IITTEE ON RULES J AHna'trc11tt1i Dos 11a Li/Jcs/aturt111 Guiihan • The 32nd Guam Legislature 1 SS Hesler PLu:e, HagJ.rfu1, (~u:.un 96910 • t.t!iiJll\{(/"llJl'Jt<f(is!iUUrt1x;n1

E-mail: roryfhr;e.14qm(iJ'_!;f11.1i/.mm • Td: ( 6';·1)472.~6~9 • Fax: ( 671 )472-3547

Senator Rory l Respicio

CHAIRPERSON

MAJOR!lY LEADER

Senator ThomasC Ada

VICE CHAIRPERSON

ASSISTANT MA!ORITY LEADER

Senator Vicente (Ben) C. Pangelinan

Member

Speaker Judith Tr Won rat, Ed.D.

Member

Senator Dennis G Rodriguez, Jr.

lv1ember

Vice-Speaker Benjamin J.F Cruz

Member

Legislative Secretarv Tina Rose \1una Barnes

Member

Senator Frank Blas Aguon, Jr.

Member

Senator Michael F.Q San Nicolas

Member

Senator V. Anthonv Ad,1

Member Mlr\ORITY LEADER

Send tor Aline Yamashita

Member

April 7, 2014

MEMORANDUM

To:

From:

Rennae Meno Clerk of the Legislature

Attorney Therese M. Terlaje Legislative Legal Counsel

Senator Rory J. Respicio / Chairperson of the Committee on Rules

Subject: Referral of Bill No. 307-32(COR)

As the Chairperson of the Committee on Rules, I am forwarding my referral of Bill No. 307-32(COR).

Please ensure that the subject bill is referred, in my name, to the respective committee, as shown on the attachment. I also request that the same be forwarded to all members of I Mina'trcntai Dos na Lihcslaturan Guahan.

Should you have any questions, please feel free to contact our office at 472-7679.

Si Yu'os Ma'iisc 1

Attachment

Bill

NO. SPONSOR

FRANK B. AGUON, JR

307-32 (COR)

Bill Introduced/History 4/7/2014 7:01 PM

I Mina 'Trentai Dos Na J .. iheslaturan Received Bill Log Sheet

DATE DATE CMTE TITLE INTRODUCED REFERRED REFERRED

AN ACT TO AMEND SECTION 5102(d) OF 4/7 /14 04/07/14 Committee on

TITLE 7 OF THE GUAM CODE ANNOTATED 11:36 a.rn Appropriations, Public

RELATIVE TO THE POWER OF THE JUDICIAL Debt, Legal Affairs,

COUNCIL TO ADOPT PAY SCHEDULES AND Retirement, Public

PLANS AND TO APPROPRIATE FUNDS FOR Parks, Recreation,

SALARY AND BENEFIT INCREASES FOR Historic Preservation,

NON-LAW ENFORCEMENT EMPLOYEES OF and Land

THE JUDICIARY.

. """" -~ .. HEARING COMMITTEE FISCAL

DATE REPORT FILED NOTES

Guam leglslature Mall - Publfc Hearing - FIRST NOTICE 612114 9,i3'1 AM

Lisa Dames <cipo@guamlegislature.org>

Public Hearing - FIRST NOTICE

Lisa Dames <cipo@guamlegislature.org> Fri, May 30, 2014 at 4:35 PM To: news@guampdn.com, news@k57.com, Sabrina Salas <sabrina@kuam.com>, Jason Salas <jason@kuam.com>, Mindy Aguon <mindy@kuam.com>, Ken Quintanilla <kenq@kuam.com>, Krystal Paco <krystal@kuam.com>, clynt@k57.com, Betsy Brown <betsy@k57.com>, Kevin Kerrigan <kevin@k57.com>, Jon Anderson <editor@mvguam.com>, "Gerardo R.Partido"<gerry@mvguam.com>, marvic@mvguam.com, louella@mvguam.com, rgibson@k57.com, kstokish@gmail.com, Jerick Sablan <jpsablan@guampdn.com>, Steve Umtiaco <slimtiaco@guampdn.com>, "Daleno, Gaynor D" <gdumat-ol@guam.gannett.com>, Gaynor Daleno <gdumat­ol@guampdn.com>, Lifestyles_PDN <life@guampdn.com>, Senator ben pangelinan <senbenp@guam.net>

Hafa Adal,

The Committee on Appropriations, Public Debt, Legal Affairs, Retirement, Public Parks, Recreation, Historic Preservation and Land will hold a public hearing on Friday, June 6, 2014 beginning at 8:30am at the Guam Legislature Public Hearing Room. The following is on the agenda:

Bill No. 307-32 (COR) - Introduced by Senator Frank Aguon, Jr.

An Act to amend Section 5102(d) of Title 7 of the Guam Code Annotated Relative to the power of the Judicial Council to adopt pay schedules and plans and to appropriate funds for the salary and benefit increases for non-law enforcement employees of the Judiciary.

Yanggen un nisisita espesr:.t na setbision, put fabot Jigang i lfislnan Sinadot Vicente (ben) Cabrera Pangelinan gl 473-423617. Yanggen un ntsisita kopian

i priniponi siha ginen este na tareha, ht.lorn gi i uepsait i Uheslaturan Gu3han gi www.guamlegisfature.com Yanggen para un na'hAlom testigu-mu, chule'

para i ifisinan-m8mi gi 324 West Soledad Avenue gi iya Hagatna, pat guatto gi t Kuatton Katta gi i Uheslatura, pat faks gi 473-4238, patsino imel gi

office@senbenp com Este na nutisiu inapAsi nu i tendon gubetnamento

If you require any special accommodations, auxiliary aids or other special services or for further information, please call the Office of Senator Vteente

(ben) Cabrera Pangellnan at 473--423617. For copies of any of the BH/s listed on this agenda, you may log on to the Guam Legislature's website at

www.guamlegislature com Testimonies may be submitted directly to our office at 324 West Soledad Avenue in Hag~ttia or at the Mail Room of the Guam

legislature, via fax at 473--4238, or via email at office@senbenp com

Lisa Dames Chief of Staff I MINA'TRENTAI DOS NA LIHESLATURAN GUAHAN Senator Vicente (ben) Cabrera Pangelinan Committee on Appropriations, Public Debt, Legal Affairs, Retirement, Public Parks, Recreation, Historic Preservation, and Land. (671) 473-4236 (office)

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t

Guam legislature Mai! Public Hearing - FIRST NOTICE

Agenda_June 6.doc 47K

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6/2/14 AM

Page 2 of 2

Gu~m Legl'iiature Mail - Public ~aring - FlRST Notice

Public Hearing - FIRST Notice

Lisa Dames <cipo@guamlegislature.org> To: PHrg Notice <phnotice@guamlegislature.org>

Hafa Adai,

• 6/2/14 9 01 •M

...

Lisa Dames <cipo@guamlegislature.org>

Fri, May 30, 2014 at 4:36 PM

The Committee on Appropriations, Public Debt, Legal Affairs, Retirement, Public Parks, Recreation, Historic Preservation and Land will hold a public hearing on Friday, June 6, 2014 beginning at 8:30am at the Guam Legislature Public Hearing Room. The following Is on the agenda:

Bill No. 307-32 (COR) - Introduced by Senator Frank Aguon, Jr.

An Act to amend Section 5102(d) of Title 7 of the Guam Code Annotated Relative to the power of the Judicial Council to adopt pay schedules and plans and to appropriate funds for the salary and benefit increases for non-law enforcement employees of the Judiciary.

Yanggen un nisisita espeslat na setbision, put fabot agang i ffisinan Sinadot Vicente {ben) Cabrera Pangelinan gl 473-423617_ Yanggen un nisisita kopian

i priniponi slha ginen este na tareha, hatom gi i uepsait i Liheslaturan Guahan gi www.guamfegis!ature corn Yanggen para un na'halom testigu-mu, chule'

para i ifisinan·rMmi gi 324 West Soledad Avenue gi iya Hagabia, pat guatto gi i Kuatton Katta gi i Liheslatura, pat faks gi 473--4238, patsino Imel

gf office@senbenp com Este na nutisiu inapasi nu i fendon gubetnamento

ff you require any special accommodations, auxiliary aids or other special services or for further information, please call the Office of Senator Vicente

(ben) Cabrera Pangelinan at 473-423617. For copies of any of the Bills listed on this agenda, you may log on to the Guam Legislature's website

at www.guarnlegislature.com Testimonies may be submitted directly to our office at 324 West Soledad Avenue in Hagatna or at the Mail Room of the

Guam Legislature, via fax at 473--4238, or via email at offlce@senbenp com

Lisa Dames Chief of Staff I MINA'TRENTAI DOS NA LIHESLATURAN GUAHAN Senator Vicente (ben) Cabrera Pangelinan Committee on Appropriations, Public Debt, Legal Affairs, Retirement, Public Parks, Recreation, Historic Preservation, and Land. (671) 473-4236 (office) (671) 473-4238 (fax) senbenp com www guamlegislature. org

https: 11 mail .9009 le .com /mail I u I 0 /7u i= 2& fk"" ld2cc8c6 S4&view"" pt&search"' 'ient&msg = l 464bd7fS 9d62 l 3a&sim I= 1464bd 7f5 9d62 l 3a Page 1 of 2

Guam tegi-;!ature Mail - Public Hearing - FIRST Notice

~ Agenda_June 6.doc 47K

https: I /maiLgoog!e .com /maH /u I 0 /?u io:= 2&ik= ld2cc8c654&view"' pt&search= sent&msg= l 464bd7f5 9d62 l 3a&siml"" 1464bd 7f5 9d62 l 3a

6/2114

Page 2 of 2

Guam Legislature Mail - Pu bile Hl!aring - SECOND Notice

Public Hearing - SECOND Notice

, 6/9/!49:i7A~

•

Lisa Dames <cipo@guamlegislature.org>

Lisa Dames <cipo@guamlegislature.org> Wed, Jun 4, 2014 at 8:37 AM To: news@guampdn.com, news@k57.com, Sabrina Salas <sabrina@kuam.com>, Jason Salas <jason@kuam.com>, Mindy Aguon <mindy@kuam.com>, Ken Quintanilla <kenq@kuam.com>, Krystal Paco <krystal@kuam.com>, clynt@k57.com, Betsy Brown <betsy@k57.com>, Kevin Kerrigan <kevin@k57.com>, Jon Anderson <edttor@mvguam.com>, "Gerardo R. Partido" <gerry@mvguam.com>, marvic@mvguam.com, louella@mvguam.com, rgibson@k57.com, kstokish@gmail.com, Jerick Sablan <jpsablan@guampdn.com>, Steve Limtiaco <slimtiaco@guampdn.com>, "Daleno, Gaynor D" <gdumat-ol@guam.gannett.com>, Lifestyles_PDN <life@guampdn.com> Cc: Senator ben pangelinan <senbenp@guam.net>

Hafa Adai,

The Committee on Appropriations, Public Debt, Legal Affairs, Retirement, Public Parks, Recreation, Historic Preservation and Land will hold a public hearing on Friday, June 6, 2014 beginning at 8:30am at the Guam Legislature Public Hearing Room. The following is on the agenda:

Bill No. 307-32 (COR) - Introduced by Senator Frank Aguon, Jr.

An Act to amend Section 5102(d) of Title 7 of the Guam Code Annotated Relative to the power of the Judicial Council to adopt pay schedules and plans and to appropriate funds for the salary and benefit increases for non-law enforcement employees of the Judiciary.

Yanggen un nisislta espesfat na setbision, put fabot agang i lfisinan Sinadot Vicente (ben) Cabrera Pangelinan gi 473-4236/7, Yanggen un nisisita kopian

i priniponi siha ginen este na tareha, halom gi i uepsait i Liheslaturan Guahan gl www_guam!egis!ature,com Yanggen para un na'h~lom testigu-mu, chule'

para l ifistnan-~mi gt 324 West Soledad Avenue gi iya Hagatna, pat guatto gi i Kuatton Katta gi i Liheslatura, pat faks gi 473-4238, patsino imet

gi office@senbenp com Este na nutisiu inapasi nu i fendon gubetnamento

If you require any special accommodations, auxiliary aids or other special services or for further information, please call the Office of Senator Vicente

(ben) Cabrera Pangelinan at 473--4236/7_ For copies of any of the Bills listed on this agenda, you may log on to the Guam Legislature's website

at www_guam!egislature,com Testimonies may be submitted directly to our office at 324 West Sofedad Avenue In Hag~tfla or at the Mail Room of the

Guam legislature, via fax at 473-4238, or via email at office@senbenp com

Lisa Dames Chief of Staff I MINA'TRENTAI DOS NA LIHESLATURAN GUAHAN Senator Vicente (ben) Cabrera Pangelinan Committee on Appropriations, Public Debt, Legal Affairs, Retirement, Public Parks, Recreation, Historic Preservation, and Land. (671) 473-4236 (office)

hnps: //mail .goog le .com/ mail/ u I 0 /lu I= 2&ik=o 1d2cc8c654&view= pt&search=' se nt&m sg = 1466 3e I 80044dc 1 b&slm I= l 4663e l 80044dc lb Page 1 of 2

Guam legislature Mail - Public Hearing - SECOND Notice

(671) 473~4238 (fax)

@ Agenda_June 6.doc 48K

https: //mail .google.com I mail /u I 0 /?ui ""2&ik"" 1d2cc8c654&view"""pt&search = sent&msg"" l 4663e 180044dc 1b&siml=14663e 180044dt 1 b Page 2 of 2

Guam Legislature Mall - Public Hearing - SECOND Notke 6/9/14 9:17 AM

Lisa Dames <cipo@guarnlegislature.org>

Public Hearing - SECOND Notice

Lisa Dames <cipo@guamlegislature.org> Wed, Jun 4, 2014 at 8:38 AM To: PHrg Notice <phnotice@guamlegislature.org>

Hafa Adai,

The Committee on Appropriations, Public Debt, Legal Affairs, Retirement, Public Parks, Recreation, Historic Preservation and Land will hold a public hearing on Friday, June 6, 2014 beginning at 8:30am at the Guam Legislature Public Hearing Room. The following is on the agenda:

Bill No. 307-32 (COR) - Introduced by Senator Frank Aguon, Jr.

An Act to amend Section 5102(d) of Title 7 of the Guam Code Annotated Relative to the power of the Judicial Council to adopt pay schedules and plans and to appropriate funds for the salary and benefit Increases for non-law enforcement employees of the Judiciary.

Yanggen un nisisrta espesiat na setbision, put fabot agang t ffisinan Sinadot Vicente (ben) Cabrera Pangelinan gi 473-4236/7_ Yanggen un nisisita kopian

i priniponi siha ginen este na tareha, harom gi i uepsait i Liheslaturan Guahan gi www.guam!egislature.com Yanggen para un na'halom testigu-mu, chule'

para l lfisinan--marni gi 324 West Soledad Avenue gi iya Hagat:fla, pat guatto gl i Kuatton Katta gi i Liheslatura, pat faks gi 473-4238, patsino imet

gi office@senbenp com Este na nutisiu inap~si nu i tendon gubetnarnento

If you require any special accommodations. auxiliary aids or other special services or for further Information, please call the Office of Senator Vicente

(ben) Cabrera Pangelinan at 473-423617. For copies of any of the Bills Hsted on this agenda, you may log on to the Guam Legts!ature's website

at www.guamlegislature_com Testimonies may be submitted directly to our office at 324 West Soledad Avenue in Hagat~a or at the Mail Room of the

Guam Legislature, via fax at 473-4238, or v·1a email at office@senbenp corn

Lisa Dames Chief of Staff I MINA'TRENTAI DOS NA LIHESLATURAN GUAHAN Senator Vicente (ben) Cabrera Pangelinan Committee on Appropriations. Public Debt, Legal Affairs, Retirement, Public Parks, Recreation, Historic Preservation, and Land. (671) 4 73-4236 (office) (671) 4 73-4238 (fax) senbenp com www.guamleg1slature.org

tID Agenda_June 6.doc 48K

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kua~tnn lnd:ungak f'uph-!~ko gl ! l1hMIJfo<~n Gu~h.in (Gu:im legi~kinit~ Puhh< He&m19 Raum)

11.ls ~mu J me-t;hil gt e-ggd·dn (8'.JO AM)

TAREHA (Mifl!OAJ

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OKI9S ~ FISHING D£:;RBY

Saturdav June 21. 2014 • 7:00 a.m. -12:00 p.m.

TO ALL KIDS BtTWE~N THb AGES OJ= 7 AND 12 AS OJ=" JUNE 21, 201-4

WHERE: WAR !N THE PACIFIC HISTORICAL PARK, ASAN.

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I Mina'trentai Dos na Liheslaturan Guahan 32°d GUAM LEGISLATURE Senator Vicente (ben) Cabrera Pangelinan Committee on Appropriations, Public Debt, Legal Affairs, Retirement, Public Parks, Recreation, Historic Preservation, and Land

INEKUNGOK PUPBLEKO (PUBLIC HEARING)

gi Betnes, gi diha 6 gi Hufio, 2014 Friday, June 6, 2014

Kuatton lnekungok Pupb/eko gi I Liheslaturan Guahan (Guam Legislature Public Hearing Room)

alas ocho I media gi egga 'an (8:30 AM)

TAREHA (AGENDA)

Bill No. 307-32 (COR) - Introduced by Senator Frank Aguon, Jr. An Act to amend Section 5102(d) of Title 7 of the Guam Code Annotated Relative to the power of the Judicial Council to adopt pay schedules and plans and to appropriate funds for the salary and benefit increases for non-law enforcement employees of the Judiciary.

Yanggen un nisisita cspesiat na setbision. put fabot a.gang i lfisinan Sinadot Vicente (ben) Cabrera Pangelinan gi 4734236/7 Yanggen un nisisita kopian i priniponi siha ginen este na tarcha. ha!om gi i ucpsait i Lihes!aturan Guahan gi WW\\.guamlegis!ature.com Yanggcn para un na·halom testigu-mu. chule· para i ifisinan-mami gi 324 West Soledad Avenue gi iya Haga.ti\~ pat guatto gi i Kuatton Katta gi i Liheslatura, pat faks gi 473-4238, patsino imd gi 9JJ1_;;5<<d~l:!IJJ1.~J!P_s9_r[l_ Este na nutisiu inap<lsi nu i tendon gubetnamento

!f you require any special accommodations, auxiliary aids or other special services or tbr further infOnnation. please cal! the Office of Senator Vicente (ben) Cabrera Pangelinan at 473-4236/7_ For copies of any of the Bills listed on this agenda, you may !og on to the Guam Legis!ature·s website at \-Vww.guam!egislature.com Testimonies may be submitted directly to our office at 324 West Soledad Avenue in Hag:ltila or at the !vfail Roon1 of the Gurun Legislature, via tax at 473-4238, or via email at otTice~i/;senbenp.com

This ad paid with government funds

324 West Soledad Avenue Suite !01, Hag:lH'la, GU 96910 Tel· (67!) 473-42361473-4237

Fax: (671)473-4238 E-mail: office(i:_i'senbenp.com

~-'1.:'>J:Y,-5gnb~rnt~9rn

!Name !

BILL NO. 307-32 (COR) PETITION

Signature In Not In Favor

BILL NO. 307-32 (COR) PETITION

We, the undersigned employees of the Judiciary of Guam are in favor of passage of Bill No. 307-32(COR). We believe we should be compensated equitably and are hereby requesting for the implementation of the Competitive Wage Act of2014. We request that the Senators of the Guam

Legislature pass Bill No. 307-32(COR).

BILL NO. 307-32 (COR) PETITION

Name I Title I Signature In I ~:~:; J 1--~~~~~~~--~+--~~~~~~(lt,~ '"(~p~;;-~.~42L.-.. ~-r~·~'---_.f-::_:::_~:.,-_.f-..'.:~-=..:_

,/

Name Title

· Rosalind C. Bala· adia De Domin<>o M. Ne o De J erimie J. Duenas De Lorriane C. Cruz De Alfred A. Santos De Frances P. Fernandez Kristine I. Flores Jonathan P. Anderson

Nichole M. Lu.an Antoinette F. Cruz Alberto E. Tolentino Christine A. Char<>ualaf JThomas B. San Nicolas

BILL NO. 307-32 (COR) PETITION

Signature

ervisor

Clerk

Darrel I P. Garcia Court Fiscal Assistant i

In Favor

Not In Favor

BILL NO. 307-32 (COR) PETITION

We, the undersigned employees of the Judiciary of Guam are in favor of passage of Bill No. 307-32(COR). We believe we should be compensated equitably and are hereby requesting for the implementation of the Competitive Wage Act of2014. We request that the Senators of the Guam Legislature pass Bill No. 307-32(COR).

I ..

I ----~------------·-

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BILL NO. 307-32 (COR) PETITION

We, the undersigned employees of the Judiciary of Guam are in favor of passage of Bill No. 307-32(COR). We believe we should be compensated equitably and are hereby requesting for the implementation of the Competitive Wage Act of 2014. We request that the Senators of the Guam Legislature pass Bill No. 307-32(COR).

Name Title Vi1Ja2e - tue K1tVl.flo1JO l 1;, · lll:tM ,a, t?,1 ,, )vut ~ Fr. ~ JJ. (

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BILL NO. 307-32 (COR) PETITION

We. the undersigned employees oflhc Judiciary of Guam arc in fanir of passage of Bill \Jo. 307-

32(COR). We believe \W should be compensated equitably and arc hcrcbv requesting ror the

implcmemmion of the Competitive Wage Act of2014. We request that the Senators of the Guam

L:gislatun: pass Bill NcJ. 307-32(COR).

I Name

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BILL NO. 307-32 (COR) PETITION

1 Title I Signature I .

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Name

Lorriane C. Cruz Alfred A. Santos Frances P. Fernandez Kristine I. Hores Jonathan P. Anderson

Title

BILL NO. 307-32 (COR) PETITION

Signature

Court Fiscal Assistant

In Not In Favor

BILL NO. 307-32 (COR) PETITION

We. the undersigned employees of the Judiciary of Guam are in favor of passage of Bill No. 307-32(COR). We believe we should be compensated equitably and are hereby requesting for the implementation of the Competitive Wage Act of2014. We request that the Senators of the Guam Legislature pass Bill No. 307-32(COR).

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BILL NO. 307-32 (COR) PETITION

We, the undersigned employees of the Judiciary of Guam are in favor of passage of Bill No. 307-32(COR). We believe we should be compensated equitably and are hereby requesting for the implementation of the Competitive Wage Act of2014. We request that the Senators of the Guam Legislature pass Bill No. 307-32(COR).

I Name 1 Title

BILL NO. 307-32 (COR) PETITION

I Signature I In Favor

v

I Not In Favor

BILL NO. 307-32 (COR) PETITION

We, the undersigned employees of the Judiciary of Guam are in favor of passage of Bill No. 307-32(COR). We believe we should be compensated equitably and are hereby requesting for the implementation of the Competitive Wage Act of 2014. We request that the Senators of the Guam Legislature pass Bill No. 307-32(COR).

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BILL NO. 307-32 (COR) PETITION

We, the undersigned employees of the Judiciary of Guam are in favor of passage of Bill No. 307-32(COR). We believe we should be compensated equitably and are hereby requesting for the implementation of the Competitive Wage Act of2014. We request that the Senators of the Guam Legislature pass Bill No. 307-32(COR) .

...

Name Title Villa2e Si2nature Gloria Duenas Cruz · Assistant to the Compiler Dededo 1/' of Laws Lisa C. Ibanez Assistant to the Compiler Toto (/

of Laws . "' ,/« ::

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COMA-lITTEE ON RULES 1I1Wi11a'tre11tai Dos 1111 liheslat11ra11 Gudhan • The 32nd Cuam Legislature

. I

· l 55 Hesler Place, Hagati\a, Guam 96910 • 11ww{!:z"mdegis!ature.am1 ·· E·mall: mryfor;(u.im@gnMil.mm • Iel: (671)472.7679 •fax: (671 )!;72.3)!;7

Senator Rory J. Respicio

CHAIRPERSON

MAJORITY LEADER

Senator Thomas C. Ada

VICE CHAIRPERSON

ASSISTANT MAJORITY LEADER

Senator Vicentc> (Ben) C. Pangelinan

Member

Speaker Judith Tl'. Won Pat, Ed.D.

Member

Senator Dennis G. Rodriguez, Jr.

Member

Vice-Speaker Benjamin J.F. Cruz

Member

Legislative Secretary Tina Rose Mun a Barnes

Member

Senator Frank Blas Aguon, Jr.

Member

Senator Michael F.Q. San Nicolas

Member

Senator V Anthony Ada

Member MINORITY LEADER

Senator Aline Yamashita

Member

June 5, 2014

Memorandum

To:

From:

Subject:

Hafa Adai1

Rennae Meno Clerk of the Legislature

//'{/ ·c r~~-·

Senator Rory J. Respicio/ Majority Leader & Rules Chair

Fiscal Note

Attached please find the fiscal note for the bill number listed bek~. Please note that the fiscal note is issued on the bill as introduced.

FISCAL NOTE: Bill No. 307-32(COR)

Please forward the same to MIS for posting on our website. Please contact our office should you have any questions regarding this matter.

671 4722825 05:16:25 p.m. 06-04-201L

BUREAU OF BUDGET & MA1VAGEMENT RESEARCH OFFICE OP THE GOVERNOR

Post Office Box 2950, Hagatfia Guam 96932

EDDIE BAZA CAL VO GOVERNOR

RAY TENORIO LIEUTENANT C.OVERNOR

Senator Rory J. Respicio Chairperson, Committee on Rules I Mina' trentai Dos na Liheslaturan Guilhan The 32nd Guam Legislature 155 Hesler Place Hagatna, Guam 96932

Hafa Adai Senator Respicio:

JUN 0 4 2014

Transmitted herewith is Fiscal Note on the following Bill No.: 307-32(C0R).

JOSE S. CAL VO AL'TING DIRECTOR

JOHN AB PANGELINAN ACTING DEPUTY DIRECTOR

If you have any question(s), please do not hesitate to call the office at475-9412/9l06.

Enclosures cc: Senator Vicente (hen) Pangelinan

1::U&r~ fa~~ S. CAL VO Acting Director

2 14

671 4722825

Bur•au or Badget & Management Researck Fiscal Note of Bill No. 307-32 (COR)

05: 16:32 pm. 06-04-201•

AN ACT TO AMEND SECTION srn2(d) OF TITLE 7 OFTilE GUAM CODE ANNOTATlm RELATIVE TO THE POWER OFTilE ~DICIAL COUNCIL TO ADOPT PAY SCHEDULES AND PLANS AND TO APPROPRIATE FUNDS FOR SALARY AND BEN HIT INCREASES FOR NON-LAW ENFORCEMENT EMPLOYEES OF THE JUDICIARY.

DeptJAgency Affected: Unified Judkiary

Department's General Fund (GF) appropriaiion(s) to date;

Dept.,'Ageney Head: Honorable Robert ,J. Torres, Chief .Justice

26.179~638

Department's Other Fund (Specify) appropriation(s) to date: Sllfe Street'! 'Fund 146.205

Total DtpartmenUAgency Appropriatiun(s) to date:

Total:

FY 2012 Unreserved Fund Balance1 so so J'V 2014 Adopted Revenues $593,827,815 $0 $593.827,815

FY 2014 Appro. (PL No. 32-68 throu&h PL 32-147) (592,JII,879) so (S592,311,879

Sub-total: Sl,515,936 so Less appropriation In BUI ($510,000) so

Total: $1,005,936 so $1.005,93

One Full For Rem1inder of

Fiscal Year FY2013 FY 2014 FYWl5 FV 2616 FY 2017

(if applicable)

General Fund so so $510,000 so so $0

(Sp«ify Spedal so so so $0 so so Fund)

Totlll so 510 000 0 0

t. Dot! tht biU tontaia .. rt'vtllut gtatrati11g" pro\'hiom? I I Yes Iv No If Y ts. ~ attatbment l. Is ••otW11t 1ppropriattcl 1dequte to futd tltt i•ttnt of tbt appropria.don? NIA Ix I Yts I I No

If 110. *'hat ls tbt additi~ul amou1t rcqvir«? S NIA J. Docs tlit BiU cstablbh a &<W program/agtacy! \' .. Ix I No

If yu. will tbt proiram dupliutt rs.btiag procramtlacr:ndt5! I I NIA I I Yts /1 / No Is thtrt 1 ftder1l maadate: to attWilh rM program/agency? Ytt 11 I No

4. WiU •~ caactmtnt or this Bill rtquirt at"' phy!kal fadlitlcs! I I Yes It I No 3. Wu Fiscal Nott coordiutcd with tM elfecttd dtpt/agttKy? Jf no, indicate" reason: 11 / Ytt I I No

I I Rtqutsttd agency tommmtt aett rt:ttivcd by dut date I I Other:

314

671 4722825 05: 17:00 p.m. 06-04-2014

COMMENTS TO BILL No. 307·32(COR)

AN ACT TO AMEND SECTION 5102(d) OF TITLE 7 OF THE GUAM CODE ANNOTATED RELATIVE TO THE POWER OF THE JUDICIAL COUNCIL TO ADOPT PAY SCHEDULES AND PLANS AND TO APPROPRIATE FUNDS FOR SALARY AND BENEFIT INCREASES FOR NON·

LAW ENFORCEMENT EMPLOYEES OF THE JUDICIARY.

The proposed bill is seeking to appropriate the sum of Five Hundred Ten Thousand Dollars ($510,000)

from the General Fund (GF) to the Unified Judiciary for Fiscal Year 2014 salary and benefits increases for

classified and unclassified non-law enforcement employees consistent with compensation policies

adopted pursuant to 7 GCA §5102(d), as amended.

Based on a letter to the Speaker of the 32"" Guam legislature by the Acting Administrator of the Courts

dated February 20, 2014 (Re: Government of Guam Competitive Wage Act of 2014), he requested the

full amount of $506,815 in order to implement salary increases beginning January 26, 2014 (date of

implementation) to the end of FY14.

Pursuant to Section 2(d), Chapter XI of P.L. 32-068, 6.67% of the $7,055,357 is appropriated to the

Unified Judiciary for its Oassified and Unclassified personnel for the purpose of implementing the

Government-wide Position Classification, Compensation & Benefits Study. It is noted that $470,592 has

already been allocated to the Judiciary of Guam for FY2014. The intent of this Bill is to provide a

supplemental appropriation of $510,000, to the amount already appropriated above, in order for the

Judiciary to cover its locally funded personnel service requirements for the remaining months of this

fiscal year.

Lastly Section 3 of the bill states "Notwithstanding any other provision of law, appropriations made to the Unified Judiciary in Chapter XI of Public Law 32-068 shall be used for salary and benefit increases

pursuant to subsection (b) of Chapter XI of Public Law 32-068," which is a reaffirmation of the purpose

for such appropriation.

April 8, 2014

VIA E-MAIL

john.rios@bbmr.guam.gov

John A. Rios

Director

Bureau of Budget & Management Research

P.O. Box 2950

Hagåtña, Guam 96910

RE: Request for Fiscal Notes– Bill Nos. 305-32 (COR) through 308-32(COR)

Hafa Adai Mr. Rios:

Transmitted herewith is a listing of I Mina’trentai Dos na Liheslaturan Guåhan’s

most recently introduced bills. Pursuant to 2 GCA §9103, I respectfully request

the preparation of fiscal notes for the referenced bills.

Si Yu’os ma’åse’ for your attention to this matter.

Very Truly Yours,

Senator Rory J. Respicio

Chairperson of the Committee on Rules

Attachment (1)

Cc: Clerk of the Legislature

Bill Nos. Sponsors Title

305‐32 (COR) Brant T. McCreadie

AN ACT TO AMEND § 58108 AND TO ADD A NEW § 58108.1 TO

CHAPTER 58, TITLE 10 GUAM CODE ANNOTATED RELATIVE TO

THE DUTIES OF THE GUAM FIRE

DEPARTMENT AND THE GUAM WATERWORKS AUTHORITY

WITH RESPECT TO FIRE HYDRANTS.

306‐32 (COR) FRANK B. AGUON, JR

AN ACT TO APPROPRIATE FUNDS TO THE OFFICE OF

VETERANS AFFAIRS FOR THE IMPLEMENTATION OF THE

GUAM VETERANS REGISTRY AS MANDATED IN

PUBLIC LAW 32‐101.

307‐32 (COR) FRANK B. AGUON, JR

AN ACT TO AMEND SECTION 5102(d) OF TITLE 7 OF THE GUAM

CODE ANNOTATED RELATIVE TO THE POWER OF THE

JUDICIAL COUNCIL TO ADOPT PAY SCHEDULES AND

PLANS AND TO APPROPRIATE FUNDS FOR SALARY AND

BENEFIT INCREASES FOR NON‐LAW ENFORCEMENT

EMPLOYEES OF THE JUDICIARY.

308‐32 (COR) Dennis G. Rodriguez, Jr.

AN ACT TO PROVIDE AN EX‐OFFICIO REPRESENTATIVE OF THE

GMH VOLUNTEERS ASSOCIATION A MEMBER

POSITION ON THE GUAM MEMORIAL HOSPITAL AUTHORITY

BOARD OF TRUSTEES, BY AMENDING SUBSECTION (a) OF

§80105, CHAPTER 80, DIVISION 4, 10

GCA.

April 7, 2014

MEMORANDUM

To: Rennae Meno

Clerk of the Legislature

Attorney Therese M. Terlaje

Legislative Legal Counsel

From: Senator Rory J. Respicio

Chairperson of the Committee on Rules

Subject: Referral of Bill No. 307-32(COR)

As the Chairperson of the Committee on Rules, I am forwarding my referral of

Bill No. 307-32(COR).

Please ensure that the subject bill is referred, in my name, to the respective

committee, as shown on the attachment. I also request that the same be

forwarded to all members of I Mina’trentai Dos na Liheslaturan Guåhan.

Should you have any questions, please feel free to contact our office at 472-7679.

Si Yu’os Ma’åse!

Attachment

MINA' TRENT AI DOS NA LIHESLATURAN GUAHAN 2014 (SECOND) Regular Session

Bill No. 8 tX/- :::, _:: ( (/ll()

Introduced by: FRANK B. AGUON, J

AN ACT TO AMEND SECTION 5102(d) OF TITLE 7 OF THE GUAM CODE ANNOTATED RELATIVE TO THE POWER OF THE JUDICIAL COUNCIL TO ADOPT. PAY SCHEDULES AND PLANS AND TO APPROPRIATE FUNDS FOR SALARY AND BENEFIT INCREASES FOR NON-LAW ENFORCEMENT EMPLOYEES OF THE JUDICIARY

1 BE IT ENACTED BY THE PEOPLE OF GUAM:

2 Section 1. Amendment of§ 5102 of Chapter 5, Title 7 Guam Code

3 Annotated. Section 5102 (d) of Chapter 5, Title 7 GCA is hereby amended to

4 read as follows:

s "( d) Notwithstanding any other provision of law, +!o adopt a l!flified g

6 pay plan and pay schedule~ for the classified and unclassified employees of

7 the Judicial Branch consistent with the Ha-y Study and Unified Pay 8ehed1:1le

s adef:lted in 1991, as amended government-wide plan pursuant to Section 13

9 of Public Law 29-52 and Executive Order 2006-2lor the transmittal of

10 January 15, 2014 to I Liheslaturan entitled the Government of Guam

11 Competitive Wage Act of 2014, subject to appropriations as provided by

12 Liheslaturan Guahan;"

13 Section 2. Appropriation to the Unified Judiciary. The sum of Five

14 Hundred Ten Thousand Dollars ($510,000) is appropriated from the General Fund

1s to the Unified Judiciary for Fiscal Year 2014 salary and benefits increases for

16 classified and unclassified non-law enforcement employees consistent with

17 compensation policies adopted pursuant to 7 GCA § 5102( d), as amended.

....., ' 9' -= ~ -~

-:~:;

I

1 Section 3. Notwithstanding any other provision of law, appropriations made

2 to the Unified Judiciary in Chapter XI of Public Law 32-068 shall be used for

3 salary and benefit increases pursuant to subsection (b) of Chapter XI of Public Law

4 32-068.