ThinyJFirst Guarn Legis laturt>

COMMITTEE ON PUBLIC SAFETY, LAW ENFORCEMENT & JUDICIARY I Jvfina Trenta.i Uno N:i Liheslaturan Guah.w

SENATOR ADOLPHO 8 . PALACIOS, SR. Chairman

March 14, 2011

The Honorable Judith T. Won Pat, Ed.D. -' .,

Commiuce Ah·mh«rs: Speaker

Senor.>r'fhom:~" c ,\ti.• I Mina'Trentai Unu na Liheslaturan Guahan Vic• C:hrurm• 11 155 Hesler Place

Sf'l"•kcr Judith l Won l'at, l'h n. Hagati'ia, Guam 96910 :Vkmb,,.r

s,sn:tlVI' n mL a .. \;f ll On ll;irirn,.; \ kmf><T

Sc1rnt•'I Judith 1'. louthdto, PI'A :\ lemb<cr

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~nnan1r lknni• c; R•)On!(ti•-=. Jr, :VI ember

Seh•t" r V. Anth•ll1 )' .~db \-tt.:m hcr

Scn.._tor C. hri~tq ph(•r M nut no"t :sc :VkmfM,I'

~en~tnr :Vl :1rb1S1IV• · T~ijernn :\11·mfwr

S.,n:itur Al11w .\ Y.1m;1s hit• , Ph.D. Mom her

Other C11mmirrec Mcmbc·rs hip:

Vite Chairman. Commttt~e-, • n l ll ilit1c"' l'rctn>l~Jrt~Uc\n. l'ubik \A/urk!. .rnd Vet~r:rns Affairs

Vkc C:h•irm•n, <:omm1tt<e on t-l<'l•lt h ••nu Hum"n Servi«• . s~.-ntor C.lti~cn.'!i., E('onnm11. Deve lopment and Elcclmn Rrfonn

Nlemf.xtr. <.~l>m•nittec on Rhks, Ft:dl' r.11. r ·orcfs.tn & \!tit:f'onl~..,fan .-\f!uir• •ll<l li~m~n &. :"otur:ol R.t.-soun.·es

'Acmhei;-~ I .c,mm1ttcc on G.ducai.iuu •nu l'ublk l.ilm1n cs

Mcmlk"r, C ommittee Q'n <;uarn ~·l11itary lluildu11and [f·omdaml Security

\;femher~ Cnmmitccc 0 11

Mun1t i[>"I Arf•tr<,. Touri~m . Hous1hg and Rt·t: reiltiun

VIA:

RE :

The Honorable Rory J. Respicio Chairman, Committee on Rules

Committee Report- Bill No. 63-31 (COR) s Amended.

The Committee on Public Safety, Law Enforcement an Judiciary, to which was referred, BILL NO. 63-31 (COR) - /1 AN ACT TO EXCLUDE AW ENFORCEMENT PERSONNEL, EMPLOYEES AND POSITIONS FROM THE APfLICA TION OF THE PROVTSION OF "SAFE HARBOR" UNDER THE GOVERNMENT cjF GUAM'S DRUG-FREE WORKPLACE PROGRAM BY ADDING A NEW §75107, TO tHAPTER 75, TITLE 10 GUAM CODE ANNOTATED; AND TO INCLUDE OTHER LAW ENFORCEMENT PERSONNEL UNDER THE TERM ''DEFINITION" AS USED IN THIS CHAPTER BY AMENDING §75100(a),

CHAPTER 75, TITLE 10 GUAM CODE ANNOTATED," hereby reports out with the recommendation TO PASS.

Committee Votes are as follows:

7 TO PASS

0 NOTTO PASS

2 TO REPORT OUT ONLY

0 ABSTAIN

0 INACTIVE FILE

Sincerely,

Chairman

Attachments

O,f)icl!IMaifing Addres.f: !JS H esler f'l<lcl!, Hag1unu Gu11m Yf.91 ll

Telep/tone No. (671 J "72-5047/5fN/I • fi1.1: NI}. (671J 472-SfiU • Em11if: Se11ABP11/11ci1>.v._wg11111il.com

COMMITTEE ON PUBLIC SAFETY, LAW ENFORCEMENT & JUDICIARY l Mina'Trentai Uno Na liheslacuran Guahan

SENATOR ADOLPHO 8. PALACIOS, SR. Chairman

COMMITTEE REPORT ON

BILL NO. 63-31 (COR) As Amended by the Committee on Public Safety,

Law Enforcement, and Judiciary

AN ACT TO EXCLUDE LAW ENFORCEMENT PERSONNEL,

EMPLOYEES AND POSITIONS FROM THE APPLICATION OF THE PROVISION OF "SAFE HARBOR" UNDER THE GOVERNMENT OF GUAM'S DRUG-FREE WORKPLACE PROGRAM BY ADDING A NEW §75107, TO CHAPTER 75,

TITLE 10 GUAM CODE ANNOTATED; AND TO INCLUDE OTHER LAW ENFORCEMENT PERSONNEL UNDER THE TERM "DEFINITION" AS USED IN THIS CHAPTER BY AMENDING §75100(a), CHAPTER 75, TITLE 10 GUAM CODE

ANNOTATED.

O.Jftc1'l.Wlfili11g -l dilr<1.~~: 155 Hl'~l.:r Plll<'I!, Hllf(/111111 Guum Yf>Vlf}

Tdep/11111t' :Vo. ((i71) 472-Sll./7/Sfl.JJI • Fin- Nu. !67/J .J71-51122 • Em"il: St'11~8Pf1/11do.t11..f://Uti1.1·q111

Thirty, First Guam Legis lature

Committee !i.lembers:

S«nator f homa' C. Ad.1 Vic<- Ch;oirrnan

S1,.,ak<'r.) uJit h T \.\' " " l'~ L. Ph.D. /vkml:x·r

Sonator Tina R. '.liluil"· lfaroes '.llkmlwr

Se11at11r J uelich P. t_;utlwrr:;, nl'A /\k mlxr

S..na1:.'J' R1iry J Rci;pkln v kmlx-r

i'c:naroi; Dtnn1~ G RoJ ri~u.-=.Jr. Nkmocr

Scn~hlr V. Anthony Ada ~-km her

S<11~t vr C.hn•tu1ihcr \1. 1>11c11a~ Memlicr

s,·n•rnr 'vlnna Silva T"ljt1w1 \lcmlwr

'Wnatnr :\line;\. 'famashit;i, Ph.D. \ •it'mbcr

Other Commirtix Mernlx-rship:

Vice Cho.irll••ll. C.:immit tr\' ,m litilitie~. rrlllls[l<.•rt:Uil>n. Pul>lk Work.~ iuh.I Vctc-raus Aff~irs

Vici?' ( ,h411rmanL <:omm1rtce on fl t'11lch an<l t lun11rn St>rvk<~. Scni•>t Citi::t:n~ f:c•J1n1mk Oevd opmcnt • n d (' lcctiun Rt'fOl 'U\

Member. Committtc on Rul.,,, F~drr:tl, Ford;.:..n & Minon..,,1:1,11 /\ffnirs ~nd Hum" n & 1'-At<11'\ll Resuurc,~s

:.I ember, Committee OM Educ·•r iou and Public Lihr.,ir~

M~ml\er. Cormnittt'~on Cu~m \1i liDiry llu ilJup and Homeland Stturtry

M~mber ... Com1nittl't!- 011 \.111nin1>al ,\ffo.irs, T l)Uri•m. t luusiflK ;m d 1ll·creario n

COMMllTEE ON PUBLIC SAFETY, LAW ENFORCEMENT & JUDICIARY I ~Mina 'Trentai Uno Na liheslaw ran Guaha.n

SENATOR ADOLPHO 8. PALACIOS, SR. Chairman

March 11, 2011

MEMORANDUM

TO:

FROM:

ALL MEMBERS Committee on Public Safety, Law Enforcem ent,

Senator Adolpho B. Palacios, Sr. / / Comm ittee Chairman 'fl{

Judiciary

SUBJECT: Committee Report on Bill No. 63-31 (COR> as Amended.

Transmitted herewith for your consideration is the Committee Report on Bi11No. 63-31 (COR) as Amended - An act to exclude law enforcement personnel, employees and positions from the application of the provision of "Safe Harbor" under the government of Guam's drug­free workplace program by adding a new §75107, to Chapter 75, Title 10 Guam Code Annotated; and to incJude other law enforcement personnel under the term "Definition" as used in this Chapter by amending §75100{a), Chapter 75, Title 10 Guam Code Annotated. -sponsored by Sen ator Adolpho B. Palacios, Sr.

This report includes the following: • Committee Voting Sheet • Committee Report Digest • Copy of Bill No. 63-31 (COR) as Amended • Copy of Bill No. 63-31 (COR) as introduced • Public Hearing Sign-in Sheets • Copies of testimony submitted and supporting documents • Copy of COR Referral of Bill No. 63-31 (COR) • Notices of Public Hearing • Copy of the Public Hearing Agenda • Miscellaneous related documents

Please take the app ropriate action on the attached voting sheet. Your attention to this matter is greatly appreciated. Should you have any questions or concerns, please contact this office.

Si Yu'os mn'lise!

Ofiice/M111tiT1g A<idress: I S5 fft's/er P/m'I!, Hagatil.11 Gut1m 969 /0

Tl!fepborrt' N(I. (li71) "72-.'i047/504/J • Fax No. (671) .f7J-502:! • Erm1i/; Sl!fiABPu/od u.<(tiJl:mui!.com

COMMITTEE ON PUBLIC SAFETY, LAW ENFORCEMENT & JUDICIARY I .Mina 'Trent:u Uno Na Lihesl.'lturan Gwihan

SENATOR ADOLPHO 8. PALACIOS, SR. Chairman

VOTING SHEET ON:

Bill No. 63-31 (COR) as Amended - An act to exclude law enforcement personnel, employees and positions from the application of the provision of "Safe Harbor" under the government of Guam's drug­free workplace program by adding a new §751071 to Chapter 75, Tit.le 10 Guam Code Annotated; and to include other Jaw enforcement personnel under the tenn "Definition" as used in this Chapter by amending §75100(a), Chapter 75, Title 10 Guam Code Annotated.

SENATOR

Adolpho B. Palacios, Sr. Chairman

Thomas C. Ada Vice Chairman

Tina R. Muna-Barnes Member

Judith P. Guthertz, DPA Member

Rory J. Respicio Member

Dennis G. Rodriguez, Jr. Member

Judith T. Won Pat, Ed.D. Member

V. Anthony Ada Member

Christopher M. Duenas Member

Mana Silva Taijeron Member

Aline A. Yamashita, Ph.D. Member

SIGNATURE TO PASS NOT TO PASS

TO REPORT OUT ONLY

OjJicd M11ili11g Al/1/ri:.~s: TJ5 lies/er P/11ce, H111:a1fl11 Guum 96910

ABSTAIN

Telephone No. (611) 472-50471504/l • Fa_r /Vo. (671) 412-5022 • Email; Se11A8Pu/adm@gmflilcu111

INACTIVE FILE

COMMITTEE ON PUBLIC SAFETY, LAW ENFORCEMENT & JUDICIARY I Mina'Trencai Uno Na Liheslacuran Guahan

SENATOR ADOLPHO 8. PALACIOS, SR. Chairman

COMMITTEE REPORT DIGEST

Bill No. 63-31 (COR) - "An act to exclude law enforcement personnel, employees and positions from the application of the provision of "Safe Harbor" under the government of Guam's drug-free workplace program by adding a new §75107, to Chapter 75, Title 10 Guam Code Annotated; and to include other law enforcement personnel under the term "Definition" as used in this Chapter by amending §75100(a), Chapter 75, Title 10 Guam Code Annotated." - sponsored Senator Adolpho B. Palacios, Sr.

I. OVERVIEW

The Committee on Public Safety, Law Enforcement and Judiciary convened the public hearing on March 10, 2010 at 9:05 a.m. in I Liheslatura's Public Hearing Room. Among the items on the agenda was the consideration of Bill 63-31 (COR) - "An act to exclude law enforcement personnel, employees and positions from the application of the p rovision of "Safe Harbor" under the government of Guam's drug-free workplace program by adding a new §75107, to 01apter 75, Title 10 Guam Code Annotated; and to include other law enforcement personnel under the term "Definition" as used in this Chapter by amending §75100(a), Chapter 75, Title 10 Guam Code Annotated,'' sponsored by Senator Adolpho B. Palacios, Sr.

Public Hearing Requirements Notices of the hearing were disseminated via facsimile and email to all senators and all m ain media broadcasting outlets on March 1, 2011 (S~day Notice) and on March 7, 2011 (48-Hour notice), pursuant to meeting the requirements of the Open Government Law. Notice of the hearing was also posted on the Guam Legislature's website.

Senators Present: Senator Adolpho B. Palacios, Sr., Chairman Senator V. Anthony "Tony" Ada, Member Senator Mana Silva Taijeron, Member Senator Christopher M. Duenas, Member

Individual(s) Registered for oral or written testimony: Mariquita F. Taitagu.e, Director, Department of Agriculture, provided oral and

written testimony in support of the Bill.

Ofl'icf/Mailinit Addn-~~; 155 He~ler Place, llagat1'111 Guam '16910

T elepbone No. (671) 472-5047/ 5048 • Fax No. (67 1) 472-SOZZ • Email: S<TIABPalados(~gmail .com

Committee on Public Safety, Law Enforcement & Judiciary Committee Report on Bill No. 63-31 (COR) Page 2 of 4

Fred E. Bordallo, Chief, Guam Police Department, provided oral and written testimony in support of the Bill.

Pete Santos, Director, Department of Parks and Recreation, provided oral testimony in support of the Bill.

Pedro Leon Guerrero, Jr., provided oral and written testimony in support of the Bill.

II. SUMMARY OF TESTIMONIES

Chairman Adolpho B. Palacios, Sr. convened the public hearing for the Committee on Public Safety, Law Enforcement and Judiciary at 9:05 a.m., read the title of the bill and summarized its contents. He stated that the Safe Harbor provisions should not apply to law enforcement positions. He said that it undermines the credibility of law enforcement officers. He opined that there is no cure for the damage that it does for an officer's credibility in enforcing the law. The Chairman summarized the contents of the bill, and he called the panel of Director of Agriculture Mariquita Taitague, Chief of Police Fred Bordallo, Director of Parks and Recreation Pete Salas, and General Manager of the Commercial Port Pedro Leon Guerrero, to testify.

Mariquita Taitague read her prepared written testimony. She supports Bill 63. She believes that such law enforcement personnel should be held to a higher standard and suggested that the Agriculture Commodity Inspectors and the Entomologist also be included. (See attached written testimony.)

Fred Bordallo read his prepared written testimony. He supports Bill 63. He requested that all Testing Designated Positions (TDPs) should be included. He suggested that changes be made to Bill 75. He stated that not all firefighter personnel are law enforcement personnel, including Emergency Medical Technicians (EMTs). Following his written testimony, he made additional comments. He stated that much of the police force are in the National Guard and that the National Guard covers all employees under a Safe Harbor designation. He stated that Safe Harbor requires that treatment be sought and that they end their drug use. (See attached written testimony.)

Pete Salas stated that the Department of Parks and Recreation fully supports Bill 63. He agreed with Chief Bordallo that the exclusion of Safe Harbor should be reviewed government-wide. He said that the Park Patrol Officers have received training as peace officers and that their inclusion in the Bill is appreciated.

General Manager Pedro Leon Guerrero, Jr., read his prepared written testimony. He stated that they support the intent of the legislations but have concerns about its

Committee on Public Safety, Law Enforcement & Judiciary Committee Report on Bill No. 63-31 (COR) Page 3 of 4

impacts on the revision and implementation of the Port Drug Free Workplace Program. (See attached written testimony.)

Chairman Palacios stated that if applicants at any time between the submission of an application and when they would be hired by the Guam Police Department, if found to have used illegal drugs, shall be barred from being hired. He said that it is fine for all positions except law enforcement because it irreparably damages the credibility of the officer to enforce the law. He said that the language "member" is a designation of sworn or uniform personnel. He stated that the Drug-Free program was implemented in 1995 by Executive Order. Safe Harbor is provided by that executive order and it covers almost all positions in the government of Guam. He stated that Test Designated Positions (TDPs) are those positions whose operations have implications for public safety, including some workers at the Guam Waterworks Authority. If those were to be included in Safe Harbor, it would narrow the application of Safe Harbor. He reiterated that for a law enforcement officer to admit to violating the law by using drugs, it undermines their credibility beyond repair.

Senator V.A. "Tony" Ada asked whether there should be an exemption for those who have become addicted to a prescription medication, and Chief Bordallo stated that there is the possibility that a person could be prescribed medication, potentially out of the territory, which is legal and face adverse action if they test positive for that drug in Guam if they occupy a TOP. Senator Ada asked the panel whether there is a serious problem with an abuse of Safe Harbor. The Directors said no, but Chief Bordallo stated that there have been several cases where it has been utilized. Senator Ada asked whether there should be a zero-tolerance policy for drug use and Chief Bordallo stated that if it were to be considered, there should be comprehensive study on the issue.

Chairman Palacios stated that service in the National Guard is protection of the nation, not law enforcement, by and large. The Chairman stated that Safe Harbor protects from adverse effects of the use of illegal drugs, not legal prescription medications. Chairman Palacios read the standards for a person to serve as a police officer.

Senator Mana Silva Taijeron asked whether there is a policy about the use of drugs which may cause impairment. Chief Bordallo stated that they have such a policy on the use of firearms with regard to drugs, including medications. Senator Taijeron stated that she believes law enforcement should be held to a higher standard.

Senator Chris Duenas asked how often they conduct drug testing. Chief Bordallo stated that there have not been for over six (6) years, but when new applicants are subject to

Committee on Public Safety, Law Enforcement & Judiciary Committee Report on Bill No. 63-31 (COR) Page 4 of 4

drug testing. Mr. Leon Guerrero stated that it occurs every three (3) months. Both Director Taitague and Director Santos stated that besides drug testing when employees are hired, there is no random drug testing.

Chairman Palacios cited the case of when Customs and Quarantine Agency where random drug testing about eight (8) months ago caught officers who had used drugs. He stated that he supports the elimination of Safe Harbor, altogether.

Chairman Adolpho B. Palacios, Sr., declared that Bill No. 63-31(COR) is duly heard. The Chairman concluded the hearing and requested that written testimony be submitted within the next ten (10) days. He adjourned the hearing at 10:05 a.m.

III. WRITTEN TESTIMONIES

Mariquita Taitague, Director, Department of Agriculture (Summarized in Section II)

Fred Bordallo, Chief, Guam Police Department (Summarized in Section II)

Pedro Leon Guerrero, Jr., General Manager, Port Authority of Guam (Summarized in

Section II)

Ross White, resident of Dededo, testimony received March 11, 2011 via email. Mr. White expressed his support on Bill 63. He stated that law enforcement personnel take an oath to uphold the laws before they pin on a badge, and that the public expects them to be held to the highest standards to hold them in confidence and trust. This bill is a positive step to enhance the image of Guam's law enforcement personnel, and to help build public confidence and respect in them. (See attached written testimony.)

No additional written testimony was received following the public hearing.

IV. FINDINGS AND RECOMMENDATIONS

The Committee on Public Safety, Law Enforcement and Judiciary hereby reports out Bill No. 63-31 (COR), as Amended, with the recommendation TO PASS.

I MINA'TRENTAI UNU NA LIHESLATURAN GUAHAN 2011 (FIRST) Regular Session

Bill No. 63-31 (COR) As Amended by the Committee on Public Safety, Law Enforcement and Judiciary

Introduced by: Adolpho B. Palacios, Sr.

AN ACT TO EXCLUDE LAW ENFORCEMENT PERSONNEL, EMPLOYEES AND POSITIONS FROM THE APPLICATION OF THE PROVISION OF "SAFE HARBOR" UNDER THE GOVERNMENT OF GUAM'S DRUG-FREE WORKPLACE PROGRAM BY ADDING A NEW §75107, TO CHAPTER 75, TITLE 10 GUAM CODE ANNOTATED; AND TO INCLUDE OTHER LAW ENFORCEMENT PERSONNEL UNDER THE TERM "DEFINITION" AS USED IN THIS CHAPTER BY AMENDING §75100(a), CHAPTER 75, TITLE 10 GUAM CODE ANNOTATED.

1 BE IT ENACTED BY THE PEOPLE OF GUAM:

2 Section 1. Legislative Findings and Intent. I Liheslaturan Guahan finds that

3 the Department of Administration Drug-Free Workplace Program (DOA/DFWP) was

4 adopted through Executive Order 95-29 on December 6, 1995. The Drug-Free

5 Workplace Program provides guidelines for the implementation, enforcement and

6 administration of the program.

7 The Drug-Free Workplace Program provides for drug testing of government of

8 Guam employees and prospective employees to ensure compliance with the program.

9 The DOA/DFWP also provides for counseling and rehabilitation for employees who

1 o voluntarily admit to illegal drug use without the threat of discipline. This provision is

1 known as "Safe Harbor". "Safe Harbor" is defined in the DOA/DFWP as "A

2 provision of the DFWP which gives an employee a one-time opportunity to

3 voluntarily identify himself/herself as a user of illegal drugs willing to undertake

4 counseling and, as necessary, rehabilitation. "Safe Harbor" insulates the employee

5 from discipline for these admitted, but otherwise unknown, past acts of illegal drug

6 use. It does not protect the employee from discipline for admitting to drug trafficking

7 or other drug-related offenses."

8 Over the years most all government agencies, including autonomous agencies,

9 have adopted the DOA/DFWP as part of their policy, via a memorandum of

1 O understanding.

11 Although "Safe Harbor" has its benefit in helping employees, I Liheslaturan

12 Guahan believes that it should not be applicable to law enforcement personnel,

13 employees or positions as the term is defined in §751 OO(a), Chapter 75, Title 10 Guam

14 Code Annotated. Employment in these positions demands that a high ethical and

15 professional code of conduct be adhered to in order to maintain the reputation and

16 credibility crucial for the performance required by the position. The credibility and

17 reputation of the employee in these positions would be severely damaged when one is

18 known to have used illegal drugs. It is essential that "Zero-Tolerance" be the policy

19 for the positions defined in §75100(a), Chapter 75, Title 10 Guam Code Annotated.

20 It is therefore, the intent of I Liheslaturan Guahan to exclude law enforcement

21 personnel, employees and positions as the term is defined in § 7 5100( a) from the

22 application of the provision of "Safe Harbor" under the Department of Administration

23 Drug-Free Workplace Program by adding a new §75107; and to include other law

24 enforcement personnel under the "definition" by amending §75100(a), Chapter 75,

25 Title 10 Guam Code Annotated.

26 Section 2. A new §75107 is hereby added to Chapter 75, Title 10 Guam Code

27 Annotated, to read as follows:

2

1 "§75107. "Safe Harbor" Exemption. Notwithstanding any other

2 law, rule, executive order, regulation or policy, the provision of "Safe

3 Harbor" as the term is described in the Department of Administration

4 Drug-Free Workplace Program as promulgated by Executive Order 95-29

5 shall not be applicable to law enforcement personnel, employees and

6 positions, as the term is defined in §75100(a), Chapter 75, Title 10 Guam

7 Code Annotated and shall not be applicable to all Test Designated

8 Positions (TDP) of the government of Guam."

9 Section 3. §75100(a) of Chapter 75, Title 10 Guam Code Annotated, is hereby

10 amended to read as follows:

11 "§75100. Definition.

12 As used in this Chapter:

13 (a) Law enforcement personnel, employee or position means the

14 following:

15 ( 1) All sworn members of the Guam Police Department

16 including the Chief of Police;

17 (2) All sworn members of the Guam Fire Department

18 including the Fire Chief;

19 (3) All officers of the Department of Corrections including

20 the director;

21 ( 4) All Customs Officers of the Department of Commerce

22 Customs and Quarantine Agency. including the Director;

23 (5) Employees of the Department of Youth Affairs who are

24 engaged in juvenile detention and rehabilitation and work

25 rehabilitation work as designated by the Director of the

26 Department of Youth Affairs including the Director of Youth

27 Affairs;

3

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

(6) All Tax Agents Enforcement Officers from the

Department of Revenue and Taxation, Attorney General, Deputy

and Assistant Attorney Generals, and Attorney General

Investigators;

(7) All security officers employed by the Government of

Guam or performing security work for the Government of Guam

pursuant to their employer's contract, including but not limited to

lock-up guards, security for the A. B. Won Pat Guam International

Airport Air Port Authority and security for the Port Authority of

Guam Guam Commercial Port.

(8) All Deputy Marshals of the Unified Guam Judiciary,

including the Chief;

(9) All Probation Officers and Alternative Sentencing

Officers of the Unified Guam Judiciary, including the Chief

Probation Officer;

( 10) All Territorial Park Patrol Officers of the Department of

Parks and Recreation, including the Superintendent;

( 11) All Conservation Officers of the Department of

Agriculture, including the Chief;

(12) All Port Authority Police Officers, including the Chief;

(13) All Guam International Airport Authority Police

Officers, including the Chief;

(14) All Firefighters of the Guam International Airport

Authority, including the Chief."

4

I MINA'TRENTAI UNO NA LIHESLATURAN GUAHAN 2011 (FIRST) Regular Session

Bill No. &>'S- >l C~\

Introduced by: Adolpho B. Palacios, Sr. ~

AN ACT TO EXCLUDE LAW ENFORCEMENT PERSONNEL, EMPLOYEES AND POSITIONS FROM THE APPLICATION OF THE PROVISION OF "SAFE HARBOR" UNDER THE GOVERNMENT OF GUAM'S DRUG-FREE WORKPLACE PROGRAM BY ADDING A NEW §75107, TO CHAPTER 75, TITLE 10 GUAM CODE ANNOTATED; AND TO INCLUDE OTHER LAW ENFORCEMENT PERSONNEL UNDER THE TERM "DEFINITION" AS USED IN THIS CHAPTER BY AMENDING §75100(a), CHAPTER 75, TITLE 10 GUAM CODE ANNOTATED.

BE IT ENACTED BY THE PEOPLE OF GUAM:

r-v = ....., ,..,, ,-::;,

,,.... :3:

9 w CX> /)

2 Section 1. Legislative Findings and Intent. I Liheslaturan Guahan finds that

3 the Department of Administration Drug-Free Workplace Program (DOA/DFWP) was

4 adopted through Executive Order 95-29 on December 6, 1995. The Drug-Free

5 Workplace Program provides guidelines for the implementation, enforcement and

6 administration of the program.

7 The Drug-Free Workplace Program provides for drug testing of government of

8 Guam employees and prospective employees to ensure compliance with the program.

9 The DOA/DFWP also provides for counseling and rehabilitation for employees who

Io voluntarily admit to illegal drug use without the threat of discipline. This provision is

11 known as "Safe Harbor". "Safe Harbor" is defined in the DOA/DFWP as "A

I prov1s10n of the DFWP which gives an employee a one-time opportunity to

2 voluntarily identify himself/herself as a user of illegal drugs willing to undertake

3 counseling and, as necessary, rehabilitation. "Safe Harbor" insulates the employee

4 from discipline for these admitted, but otherwise unknown, past acts of illegal drug

5 use. It does not protect the employee from discipline for admitting to drug trafficking

6 or other drug-related offenses."

7 Over the years most all government agencies, including autonomous agencies,

8 have adopted the DOA/DFWP as part of their policy, via a memorandum of

9 understanding.

Io Although "Safe Harbor" has its benefit in helping employees, I Liheslaturan

11 Guahan believes that it should not be applicable to law enforcement personnel,

12 employees or positions as the term is defined in §75IOO(a), Chapter 75, Title 10 Guam

13 Code Annotated. Employment in these positions demands that a high ethical and

14 professional code of conduct be adhered to in order to maintain the reputation and

15 credibility crucial for the performance required by the position. The credibility and

16 reputation of the employee in these positions would be severely damaged when one is

17 known to have used illegal drugs. It is essential that "Zero-Tolerance" be the policy

18 for the positions defined in §75100(a), Chapter 75, Title 10 Guam Code Annotated.

19 It is therefore, the intent of I Liheslaturan Guahan to exclude law enforcement

20 personnel, employees and positions as the term is defined in §751 OO(a) from the

21 application of the provision of "Safe Harbor" under the Department of Administration

22 Drug-Free Workplace Program by adding a new §75107; and to include other law

23 enforcement personnel under the "definition" by amending § 7 5100( a), Chapter 7 5,

24 Title 10 Guam Code Annotated.

25 Section 2. A new §75107 is hereby added to Chapter 75, Title 10 Guam Code

26 Annotated, to read as follows:

2

"§75107. "Safe Harbor" Exemption. Notwithstanding any other

2 law, rule, executive order, regulation or policy, the provision of "Safe

3 Harbor" as the tenn is described in the Department of Administration

4 Drug-Free Workplace Program as promulgated by Executive Order 95-29

5 shall not be applicable to law enforcement personnel, employees and

6 positions, as the tenn is defined in §75 l OO{a), Chapter 75, Title 10 Guam

7 Code Annotated."

8 Section 3. §75100{a) of Chapter 75, Title 10 Guam Code Annotated, is hereby

9 amended to read as follows:

10 "§75100. Definition.

11 As used in this Chapter:

12 {a) Law enforcement personnel, employee or position means the

13 following:

14 {I) All members of the Guam Police Department including

15 the Chief of Police;

16 (2) All members of the Guam Fire Department including

17 the Fire Chief;

18 (3) All officers of the Department of Corrections including

19 the director;

20 { 4) All Customs Officers of the Department of Commerce

21 including the Director;

22 (5) Employees of the Department of Youth Affairs who are

23 engaged in juvenile detention and rehabilitation and work

24 rehabilitation work as designated by the Director of the

25 Department of Youth Affairs including the Director of Youth

26 Affairs;

3

I

2

3

4

5

6

7

8

9

IO

11

12

13

14

15

16

17

18

19

20

21

22

23

24

(6) All Tax Agents Enforcement Officers from the

Department of Revenue and Taxation, Attorney General, Deputy

and Assistant Attorney Generals, and Attorney General

Investigators;

(7) All security officers employed by the Government of

Guam or performing security work for the Government of Guam

pursuant to their employer's contract, including but not limited to

lock-up guards, security for the A. B. Won Pat Guam International

Airport Air Port Authority and security for the Port Authority of

Guam Guam Commercial Port.

(8) All Deputy Marshals of the Unified Guam Judiciary,

including the Chief;

(9) All Probation Officers and Alternative Sentencing

Officers of the Unified Guam Judiciary, including the Chief

Probation Officer;

( 10) All Territorial Park Patrol Officers of the Department of

Parks and Recreation, including the Superintendent;

( 11) All Conservation Officers of the Department of

Agriculture, including the Chief;

( 12) All Port Authority Police Officers, including the Chief;

(13) All Guam International Airport Authority Police

Officers, including the Chief;

( 14) All Firefighters of the Guam International Airport

Authority, including the Chief."

4

[,,,-

COMMIITEE ON PUBLIC SAFETY. LAW ENFORCEMENT & JUDICIARY IMina'Trentai Uno na Li/1eslaturan Gual1a11

SENATOR ADOLPHO B. PALACIOS, SR. CHAIRMAN

Thursday, March 10, 2011

Biii No. 63-31 (COR) - AN ACT TO EXCLUDE LAW ENFORCEMENT PERSONNEL, EMPLOYEES AND POSITIONS FROM THE APPLICATION OF THE PROVISION OF "SAFE HARBOR" UNDER THE GOVERNMENT OF GUAM'S DRUG-FREE WORKPLACE PROGRAM BY ADDING A NEW §75107 TO CHAPTER 75, TITLE 10 GUAM CODE ANNOTATED; AND TO INCLUDE OTHER LAW ENFORCEMENT PERSONNEL UNDER THE TERM "DEFINITION" AS USED IN THIS CHAPTER BY AMENDING §75100(a), CHAPTER 75, TITLE 10 GUAM CODE ANNOTATED. - by Senator Adolpho B. Palacios, Sr.

NAME (Please Print)

v Mrat/ 4 u1-k f ~1-lrhtue..

I H G9._ t. g ()I'\ ~f\hd ~Eil/( Sfrtc t f ,.;;

J?JJ~ A . lea:J &"!~.J

Bill No. 6;3-31 (COR} Page_/ __

AGENCY /ORGANLZA TJON CONTACT NUMBER

~ c/f (11~ /GAJ. ( fw.. _, 3 -s-- 3 'I'~ 0 ~9 b .,_

G~ f..,\ ,'Cv '{7)-- g-St>d'·

/) //( r7.r-~l2J-~2

e /A-& o7F- 9'7'33

ORAL WRJTTEN IN NOTlN TESTlMONY TESTIMONY FAVOR FAVOR

/ v y-

v' / v v / L.,/ ~

Edward J .B. Calvo Governor

Raymond S. Tenorio Lt. Governor

De~artment of Agriculture Dipattamenton Agrikottura

163 Dairy Road, Mangilao, Guam 96913

Director's Office Agricultural Dev. Services Animal Health Aquatic & Wildlife Resources Forestry & Soil Resources Plant N ursery Plant P1·otection & Quara ntine

734-3942/43: Fax 734-6569 734-3946/47; Fax 734-8096 734-3940 735-3955/56; Fax 734-6570 735-3949/50; Fax 734-0111 734-3949 472-1651; 475-1426 Fax 477-9487

March 09, 2011

The Honorable Adolpho B. Palacios, Sr. Chairman Conm1ittee on Public Safety, Law Enforcement and Senior Citizens 31st Guam Legislature Government of Guam 155 Hessler Place Hagatna, Guam 96910

Mariquita F. Taitague Director

Subject: Bill 63-31: An Act to exclude the Law Enforcement personnel and other positions from the provisions of "Safe Harbor". Department of Agriculture's Testimony

Conunittee Chairman Senator Palacios:

Buenas yan Hafa Adai, I would like to submit oral and written testimony in support of Bill 63-3 1 an act to exclude law enforcement personnel, and positions from the application of the provision of "safe harbor", as the defined in Section 75 lOO(a) u11der the Department of Administration Drug Free Workplace Program by adding a new Section 75 107 and to incl.ude other law enforcement persoru1el under the "Definition" by amending. Section 751 OO(a), Chapter 75, Title 10 Guam Code Annotated (GCA). The bill proposes to hold law enforcement personne l and those positions that are included in the definition to a higher standard.

The Department of Agriculture recommends that Section 75100 (a) (11 ), which currently includes all Conservation Officers and the Chiet: be amended to include all Conservation Officers, the Director of the Department of Agriculture (who is the ex-officio Chief Conservation Officer under Title 5 GCA, Section 63 103 ), the Department of Agricult'ure Commodity Inspectors, and the Depai1ment of Agriculture Entomologist. As these additional positions fa ll under the ''Public Safety and Law Enforcement Compensation Review" (Title I 0 GCA Section 55 I 02 (g)(7-8)), it would be appropriate to include these positions into Bill 63-31.

Thank you very much for your consideration of this amendment.

Sincerely,

)71~+·~~~ MARIQUITA F. TAITAGUE

Attachment(s):

,.

G·UAM POLICE DEPARTMENT ~~-DIP.4TTAMENTON POLIS/AN GUA HAN

Gm•er11mt>lll of Guam

Bldg. ::!J3 Centra l A venue. Tiyan, Guam 969 13 ~'.HOit' (I -\/_\ C \I.\ 0 c;o\ t1·nor P.O. Bo). 23909 Barrigada. Guam 96921 i:nrn E. 1m1wA1.1.o •• 111..

RAY l'l.,ORIO l .:it.'1Jten:rnt C u,crnor·

Telephone: (6 7 l ) 4 75-8-l 7 3 (Sw itchboard); (671) •l75-8508 I 8509 I 8512 Chi~fuf Polir'-'

Fa:< : (67 1) 47'.?-4036 1uc AIW0 .\1. r.w~ c,;1 rn1H'.Rn

March 9, 2011

The Honorable Senator Adolpho B. Palacios, Sr.

Chairman, Committee on Public Safety, Law Enforcement

and Judiciary

31st Guam Legislature

155 Hesler Place

Hagatna, Guam 96910

Subject: Written Test imony

Re: Bill 63-31

Buenas Yan Hafa Adai,. Senadot.

,\r1in~ l'olke Ci1;1111rnntl tr

I am submitting this written testimony relative to Bill 63-31, an act to exclude law enforcement

personnel, employees and positions from the application of the provision of "Safe Harbor''

under the government of Guam's drug-free workplace program by adding a new §75107 to

Chapter 75, Title 10 Guam Code Annotated; and to include other law enforcement personnel

under the term "Definition" as used in this Chapter by amending §75100(a), Chapter 75, Title 10

Guam Code Annotated.

My command staff and I have reviewed and discussed the contents of the bill and are in

support of the Bill in general. We, however, are requesting that with respect to the

aforementioned bill that would exclude Law Enforcement (LE ) from Safe Harbor, that the bill

be made applicable to all TDP's (Testing Designated Position) government wide. To arbitrarily

single out LE would be discriminatory and not hold the other TDP's to the same standard.

A

The Honorable Senator Adolpho B. Palacios, Sr.

31'1 Guam Legislature

Subject: Written Testimony Re: Bill 63-31

March 9, 2011

Page 2 of 2

Another clarification that we would like to be made is §75100(a) definitions, which indicates

law enforcement personnel, employees or position. §75100(a) 1. means: all members of the

Guam Police Department including the Chief of Police. Would this include our department

civilian staff employees? If so, we respectfully request that they be excluded.

In conclusion, we respectfully request for the recommendation mentioned herein to be

considered and included in Bill 75-31.

JSC:FEB\scr

Sincerely,

FRED E. BORDALLO, JR.

Chief of Police

. . \ GUAM ··-· .~ . ;>'

.,.~-- ... . . . .. ~ '

·· ~ ' .

Eddi« BM.;'< (.':ih·c> Governor of Guam

PORT AUTHORITY OF GUAM A TUR/DAT I PUETTON GUAHAN

Jose D. Leon Guerrero Commercial Port I O:Ui C:lhras Highway. Suite 20 I. l'iti, Guam ~)()925

Tt:lepho11c: (fi7 I) t77-.'i!KI l;:.\.'i • F:wsimilc: (67 1 > ~77-'.WR!J/ t 14.5 \IVcbsitc: 11'1\\l'.J 111rl 1,r11a 111.1 ·1 Hl t

March 10, 2011

The Honorable Adolpho B. Palacios Chairman, Committee on Public Safety,

Law Enforcement & Judiciary I Mina'Trentai Uno Na Liheslaturan Guahan 155 Hesler Place Hagatna, Guam 96910

Ray Tenorio Lieutenant Governor

RE: Testimony on Bill No. 63-31 (COR) An Act to exclude law enforcement personnel, employees, and positions from the application of the provision of "Safe Harbor" under the government of Guam's Drug-Free Workplace Program by adding a new §75107, to Chapter 75, Title 10 Guam Code Annotated; and to include other law e.nforcement personnel under the term " Oefiuitioo" as used in this Chapter by amending §75100(a), Chapter 75, Title 10 Guam Code Annotated.

Rafa Adai! Mr. Chairman and Members of the Committee,

I want to thank you for 1his opportunity to provide testimony on behalf of the Jose D. Leon Guerrero Commercial Port regarding Bill No. 63-31 (COR) - An Act to excJude law enforcement personnel, ti'tnployees, and positions from the application of the provision of ' 1Safe Harbor" under the govenunent of Guam's Drug-Free Workplace Program by adding a new §75107, to Chapter 75, Title 10 Guam Code Annotated; and to include other law enforcement personnel under the telm " Definition'' as used in this Chapter by amending § 75 lOO(a), Chapter 75, Title I 0 Guam Code Armotated. For the record my name is Pedro A. Leon Guerrero. Jr. and I am the General Manager of the Jose D. Leon Guerrero Commercial Port.

While we do support the intent of this legislation we have some concerns as it impacts our efforts already underway to revise and implement our Port Drug Free Work Place Policy. As it currently stands, we utilize the Govenunent of Guam Department of Administration1s Drug Free Workplace Program. However, our staff has been working for quite some time on a comprehensive plan to adopt that will be embedded into our Port Personnel Rules and Regulations.

Our Board of Directors recently approved the proposed Drug Free Workplace Program and now our staff members are working with our consultant to prepare the implementation plan for the program. Once finali zed, our Port Drug Free Workplace Program will ensure the safety and well-being of all of our employees and will entail a fair program that does not single out any one class of employees for stricter or more lenient response. At the Port. we are working bard to ensure that we have a strict program in place that protects the interests of the Port, the people of Guam and the employees themselves.

We sincerely hope to be able to move forward with the outstanding effo1ts underway already at the Port and we look forward lo working with you on this legislation.

Sincerely,

AJUJA. ~~ ~~~A PEDRO A. LEON GUERRERO, JR. General Manager

171,. Prll'I A111h11r11y •II G1111m. J• .. 11' [J l t•/111 G11 .. 1·1,•m C1tn1m~•·l'iol P11n I.\· •111 £1111t1f £111pf11vm~111 Opp1m1111//\' £111µlr11•1'r , C mnplum l ,'r 11/ 1/l'(t 1·11111nml11n ,J,1111/tl lw nmt to Ille H11nhl11 R1•\m tr.._'t!A Ofrt.,fon

Gmail - support for Bill 63

G1mail 1>rCooglc

support for Bill 63 1 message

Ross and Rose White <whitekiddyland@yahoo.com> To: SenABPalacios@gmail.com

senator Palacios;

Page 1of1

Adolpho Palacios <senabpalacios@gmail.com>

Fri, Mar 11, 2011at1:07 PM

I just wanted to express my support for Bill 63 which you just introduced. Law enforcement personnel take an oath to uphold the laws before they even pin on a badge. The public expects them to be held to the highest standards, in order that we may hold them in confidence and trust. This bill is a positive step in enhancing the image of Guam Law enforcement personnel, and will help build public confidence and respect in them. Thank you for introducing this bill.

Sincerely,

Ross white oededo

https://mail.goo~de.com/mail/?ui=2&ik=593 l l 8a0a6&view=pt&search=inbox&th= l 2ea2e... 3/11/2011

671 4722825

Bareau of Budget & Manacement Research Fiscal Note of Bill No. 63-.H (COR)

04: 18: 16 p.m. 02-24-2011 13113 '.

~N ACT TO EXCLllDE LAW ENFORCEMENT PERSONNEL, EMPLOYEES AND POSITIONS FROM TllF. APPLICATION OF !THE PROVISION or "SAFE HARBOR" UNDER THE GOVERNMENT Of GUAM'S DRUG-t'REE WORKPLACE PROGRAM BY 11\DDING A :'llEW §7~107 TO CHAPTER 75, TITLE 10 GUAM CODE ANNOTATED; AND TO INCLUDE OTHER LAW ENFORCEMENT PERSONNEL UNDER THE TERM "DEFINITION" AS USED IN THIS CHAPTER 8\' AMENDING §75100Ca), CHAPTER 7!1, TITLE 10 GUAM CODE AN'lOTA TED

. ·. ·. .. :· ·.· . ,• > . ' ..

.• . ·. : ; ~~~~-~A.lia,ey '."~~ ·~1e.~11 ;

DeptJAgenty Affected: Attoraey General's Oftke (DeptJAeeacy Head:

Department'• General Fumd (GF) appropriation(•) to date:

Depanmmt's Ot•er Fuad {Specify) appropriation(•) to date:

Total Department/Agency Appropriatioa(1) to dlltt:

. ::·· .. : ··;; ;

General Fund:

FY 2010 Unreserved Fund Balance'

FY 201 J Adopted Revtnues

FY 2011 Appro. <P.k J9.J%l

Sub-total: Las appropriation 111 BUI

Total:

Total

One FuU Fiscal Year

For Remaiader of FY2011

(if appllc1blt)

I. Does the bill contain "revenue ge11entiag" provisions? J(\'ts, see attachment

FY 2012

2. Is ainouat appropriated adequate to fund the intent of the appropriation! It.I Ir no, what is the addiOonal amount required! S Iv

J. Does the BiH establish a new program/agency! If yes, will the program duplicate nuting programlfagntics! I I h there 1 federal mandate to establisll the program/ageacy?

4. Will the matt,.ent ofthis Bill require nc- phytital facilities'!' 5. Was Fiscal Nore coordinated with the affected dcptlacency? lfno, indicate reason:

I I Other:

NIA N/A

~/A

so so so so $0

,:·;:

Leonanlo Rapadas

(Specify Special fund):

so so $0

so so so

I f Ya

\'es

\'es \'ti

Yes \'ts Yes

8,781,!llJ

-S8,781~U

Total:

so so so

so

so

so

It! !'lo

I I Nu

Ill "o Ill "o lrJ :\'o lrJ No /1/ ~o

I I Rcqutstcd agtac:y toRlnttnts not received by due date

r:,~rA~a·.~,>-.M~:::::::::::::::::::::~o·at·e·::::::·_·_·_"""!!~----~~--,,__,,..,.."'!!'9..., .. !!'-.. """!!'-..•>...,.,, ............ .... ~ M uinata

(he Bill has a potential for additional tosli to Ille Gonrnment of Guam. There may be potential litixations nled due to the ap1m1nnc:c of mployec Jisc:rimin1uion. llol\t\ltr, in ib present form, tliat impact cannut be detenained at this time.

@)COMMITTEE ON RULES 1 Mina'trentai Unu na Liheslaturan Guahan • The 31st Guam Legislature 155 Hesler Plact, 1-bgitna.Guam 9(:fJlO• www.guamlegis/A/ur~.com ~maU: roryforguam@gm4il.com • Td: (671)472-7679 •Fax: (671)472-3547

Senator Rory J. Respicio

CHAIRPERSON MAJOIUTY LEADER

Senator Judith P. Guthcrn

VtcE CKAtRPEllSON I ASST. MAJORITY LEADER

MAJORITY MEMBERS:

Speaker Judith T. Won Pat

Vice Speaker Benjamin J. F. Cnu

Senator Tina Ro~ Muna Barnes Ll!GISUTIVE SECR.£TAJlY

MAJOIUTY WHIP

Senator Dennis G. Rodriguez, Jr.

ASST. MAJORITY WHIP

Senator Thomas C. Ada

Senator Adolpho B. Palacios, Sr.

Senator Vicente c. pangeHnan

MINORITY MEMBERS:

Senator Aline A. Yamashita

AssT, MINOIUTY LEADER

Senator Cbrinopbcr M. Duenas

-- -

February 8, 2011

MEMORANDUM

To:

From:

Subject:

Pat Santos Clerk of the Legislature

Attorney Therese M. Terlaje Legislative Legal Counsel

Senator Rory J. Respicio Chairperson, Committe n Rules

Revised Referral of BiJl No. 63-31 (CQR)

As Chairperson of the Committee on Rules, I am forwarding my revised referral of Bill No. 63-31 (COR).

Please ensure that the subject bills are referred, in my name, to the respective committees, as shown on the attachment. I also request that the same be forwarded to all Senators of I Mina 'treritai Unu na Ufreslaturau Gudltan.

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

Si Yu'os ma'dse!

(1 ) Allatlinunts

Bill No. Sponsor(s)

B63-31 A. B. (COR) Palacios, Sr.

I Mina'trentai Unu Na Liheslaturan Guahan Bill Log Sheet

Page 1of1

Date Date Re- 120 Day Committee Title Introduced Referred Deadline Referred

An act to exclude law enforcement 2/1/11 2/8/11 Committee on personnel, employees and positions from 10:38a.m. Public Safety, the application of the provision of "Safe Law Harbor'' under the government of Enforcement Guam's Drug-Free Workplace Program and Judiciary by adding a new §75107, to Chapter 75, Title 10 Guam Code Annotated; and to include other law enforcement personnel under the term "definition" as used in this chapter by amending §75100(a), Chapter 75, Title 10 Guam Code Annotated.

Public Date Status Hearing Committee (Date)

Date Report Filed Passed? Failed? Vetoed?

Overridden ?

Public Law?

COMMITfEE ON PUBUC SAFETY, LAW ENFORCEMENT & JUDICIARY 1 Mina 'Tre.nw Unu N1' Lihes/a.tumn GuA.han

For Immediate Release March 1, 2011

SENATOR ADOLPHO 8. PALACIOS, SR. Chairman

PRESS RELEASE #(

FIRST NOTICE OF PUBLIC HEARING

The Committee on Public Safety, Law Enforcement, and Judiciary has scheduled a public hearing starting at 9:00 am, Thursday, March 10, 2011, at I Liheslatutan Gwihan 's Public H earing Room in Hagatfia, on the following:

• Bill No. 63-31 (COR) - AN ACT TO EXCLUDE LAW ENFORCEMENT PERSONNEL, EMPLOYEES AND POSITIONS FROM THE APPLICATION OF THE PROVISION OF "SAFE HARBOR" UNDER THE GOVERNMENT OF GUAM'S DRUG-FREE WORKPLACE PROGRAM BY ADDING A NEW §75107 TO CHAPTER 75, TITLE 10 GUAM CODE ANNOTATED; AND TO INCLUDE OTHER LAW ENFORCEMENT PERSONNEL UNDER THE TERM "DEFINITION'' AS USED IN THIS CHAPTER BY AMENDING §75100(a), CHAPTER 75, TITLE 10 GUAM CODE ANNOTATED. - by Senator Adolpho B. Palacios, Sr.

• Bill No. 76-31 (COR) - AN ACT TO AMEND §33111 TO CHAPTER 33 OF 7GCA RELATIVE TO MECHANICS' LIENS. - by Senator V. Anthony Ada

The Committee ruquests that, if wri tten testimonies are to be presented at Ule hearing, copies be submitted one day prior to the public hearing date, to the Office of Senator Adolpho B. Palacios, Sr., ot via fax to 472-5022, or via email to SenABPalacios®gm11il.rom. Copies of the aforementioned Bill(s) may be obtained at I LiJreslafitran Gulihan's website at www.guamlegislalurc.com. Individuals requiriJig spccinl accommodations or services, plt>ase contact Julian Janssen or Jenni I er Dulla at 472-5047/5048.

Offke/Malling Address: JSS Hesler Place, Haga/Ila Guam 96910

Telep//011e No. (671) 472·504715048 • Fnx No. (671) 471-J011 • Email: SellABPalacltJJf.@gmilil.com

UmaiJ - t JKS 1 NU 1 lLJ:: Ut PUtlLlL HJ::AKlNli Page 1 ot 1

Adolpho Palacios <senabpalacios@gmail.com>

FIRST NOTICE OF PUBLIC HEARING 1 message

Adolpho Palacios <senabpalacios@gmail.com> Tue, Mar 1, 2011at12:05 PM To: speaker@judiwonpat.com, senator@senatorbjcruz.com, Secretary Tina Rose Muna-Barnes <tinamunabarnes@gmail.com>, "Majority Leader Rory J. Respicio" <roryforguam@gmail.com>, Senator Tom Ada <tom@senatorada.org>, senatortonyada@guamlegislature.org, "Senator Frank F. Blas, Jr." <frank.blasjr@gmail.com>, duenasenator@gmail.com, "Asst. Majority Leader Judith P. Guthertz, DPA" <judiguthertz@pticom.com>, senatorsam@senatormabini.com, "Senator Ben C. Pangelinan" <senbenp@guam.net>, senatordrodriguez@gmail.com, senatormana@gmail.com, Aline Yamashita <Aline4families@gmail.com> Cc: clerks@guamlegislature.org, Pat Santos <psantos@guamlegislature.org>, rtaitague@guamlegislature.org, Rennae Perez <rennae@guamlegislature.org>, "Atty. Therese Terlaje" <tterlaje@guam.net>, sgtarms@guamlegislature.org, yong@guamlegislature.org, mark@judiwonpat.com, garrett.duenas@senatorbjcruz.com, chris.carillo@senatorbjcruz.com, chelsa@tinamunabarnes.com, Stephanie Mendiola <sem@guamlegislature.org>, cyrus@senatorada.org, louise_atalig@yahoo.com, Mary Fejeran <maryfejeran@gmail.com>, leslie.g@senatormabini.com, cipo@guamlegislature.org, alerta.jermaine@gmail.com, evelyn4families@gmail.com

March 1, 2011

Please see attached First Notice of Public Hearing scheduled for Thursday, March 10, 2011 starting at 9:00 am from the Committee on Public Safety, Law Enforcement and Judiciary. Thank you for your kind attention.

""" 03102011PH1st.pdf o 393K

https://mail.google.com/mail/?ui=2&ik=593118a0a6&view=pt&search=sent&th= 12e6f2a31... 3/1/2011

COMMITTEE ON PUBLIC SAFETY, LAW ENFORCEMENT & JUDICIARY I Mina 'Trentai Unu Na Liheslaturan Gw1.han

For Immediate Release March 1, 2011

SENATOR ADOLPHO 8 . PALACIOS, SR. Chairm an

PRESS RELEASE

FIRST NOTICE OF PUBLIC HEARING

The Committee on Public Safety, Law Enforcement, and Judiciary has scheduled a public hearing starting at 9:00 am, Thursday, March 10, 2011, at 1 Liheslafuran Guahan 's Public Hearing Room in Hagama, on the following:

• Bill No. 63-31 (COR) - AN ACT TO EXCLUDE LAW ENFORCEMENT PERSONNEL, EMPLOYEES AND POSITIONS FROM THE APPLICATION OF THE PROVISION OF "SAFE HARBOR" UNDER THE GOVERNMENT OF GUAM'S DRUG-FREE WORKPLACE PROGRAM BY ADDING A NEW §75107 TO CHAPTER 75, TITLE 10 GUAM CODE ANNOTATED; AND TO INCLUDE OTHER LAW ENFORCEMENT PERSONNEL UNDER THE TERM "DEFINITION" AS USED IN THIS CHAPTER BY AMENDING §75100(a), CHAPTER 75, TITLE 10 GUAM CODE ANNOTATED. - by Senator Adolpho B. Palacios, Sr.

• Bill No. 76-31 (COR) - AN ACT TO AMEND §3311 1 TO CH APTER 33 OF 7GCA RELATIVE TO MECHANICS' LJENS. - by Senator V. Anthony Ada

The Committee requests that, if wri tten testimonies are to be presented al the hearing, copies be submilled one day prior to the public hearing date, to the Offi ce of Senator Adolpho B. Palacios, Sr .• or via fax to 472·5022, or via email to SenABPalacios@gmail.com. Copies of the nforementioned Bill(s) may be obtained at I Li11eslal1mm Gua/za11's website at www.guamlegislature.com. Individuals requiring special accommodations or 5';'rvices, please contact Julian Janssen or Jennifer Du Ila at 472·5047/5048.

Office/Mailing A1ftlress: 155 Hesler Place, 1-fllgatfla G11am 96910

tt!lephorie No. (671) ./71-!i04715fN8 • Fax No. (671) 471-5021 • Email: SenABPa/11cio!(ipgmail.t-om

Destination Start Ti111e PON 03-01 11 : 14 PNC 03-01 11 : 16 !Ci? 03-01 11: 17

BroadCdst Rerort

Tile Prints 00:00:33 001 / 001 00:00:19 001/001 oo: 00: 17 0011001

Result Note OK OK OK

p 1 03/01 / 2011 11 :25

serial No. A02Eo11003oes TC: 126069

HIT RADIO 100 03-01 11: 17 oo: oo: 18 001/001 OK K.5TO 03-01 11 : 18 00:00:36 001/001 OK Glllf>SES 03-01 11:19 00:00: 18 001 / 001 OK HARlANAS VARIEl'f 03-01 11 : 19 00:00:23 001/001 OK K.5TEREOI KISH 03-01 11 :20 00:00:36 001/001 OK JOY 92 fH 03-01 11 :21 00:00: 17 001/001 OK KPRG 03-01 11 :21 00:00: 18 001/001 OK IOJAH 03-01 11 :25 00:00:22 001/001 OK

Note

Result OK: COllllURiCdtion OK, S-OK: Stop COIMl!Unication, PW-Off: Power Switch Off. TEL: RX fron TEL, NG: Other Error, cont: continue, No Ans: No Answer, Refuse: Receipt Refused, Busy: Busy, H-fulI:HellOry full. LOVR:Receiving length over. POVER:Receiving page OVer, Fil: File Error, DC: oecOde Error. lf)N: I04 Resronse Error, OSN: OSN Resronse Error.

c::o ........ crra:e: oN PUll!llL.ac: S.A....-.:-rv. L-.A'VV ENF<:>R.c:a: .... ENT a. Ju.c1c;::1'°'1R."V L ~ru1 •7"'i'Y-,nc~ U.n&• .IV• .f...l.he.Gfatur•n G..#11.hAn

For l.rnno.edi.ate Release l'vearc:h :I, 207.::¥

SE--"TC>R A.C>C>LPHC> El. P-"LAC:IC>& . SR. C:.hAi:r7zu!Ln

PRESS RELEASE

FLRST N°QTCCE OF P"UBLIC :H:EARCNG

The C ocnmit"tce on. Public Safety, Law En.forcement:, and Judiciary- has s~eduled o public hearing starting at 9 :00 a.an., -rh~day, 1'-t"arch 10, 2011, at I Liheslaturan Guahan's Public Hearing Room in HagAti'ia, ~ the J'ollowing:

Bill No. 63-31 (COR.) - AN ACT 'TO E XCLUDE LAW ENFORCEMENT PERSONNEL, EJVIPLC>YEES AND PC>SmC>NS FRC>:rvf" "'t"H;E A:PP'LJCA.TJC>N C>F Tl-l"E PRC>VISJC>N C>F " SAFE HA.RBC>~" UNDER THE GOVERNlVfENT C>F GUA.Jv.l'S DRUG- FREE VVC>RJ<PLA.CE .PRC>CRAlv.l B Y ADDIN°G A NEW §75107 TO CJ-i:APTER 75, TITLE 10 GU.A1vl CODE ANNOTATED; AND TO INCLUDE OT~ER L.AVV ENFC>R~ENT PER.SC>NN'l?:l- UNDER THE TERM" ' ' DEFINJ.TIC>N.,, AS USED I:N T.1-ilS C:l~PTER BY A.lVIENDING §751.00(a), C.H:A.PTER 7 5, TITLE "10 GUA.lv1 CODE ANNOTATED. - by Sena~or Adolpho D. Palacioe, Sr.

BW No. 76- 31 (COR) - AN ACT TO AllAEND §331. J.1 TO C HAPTER 33 OF 7 G C A RELATIVE TO fy1:ECH..A:r-.r.fCS' LIENS. - b y Se:na~or V . Anthony Ada

~ Conu-nf,~ t._q\.l .. ._ f'h.• t .- ll wrlttoen teed.ni.onf- .....- lo be- pr...ent.d at t:heo- he• rlng.. C"Oplr• ~ eu1nn.Jhoed one ct.y prlOIF t;Q r.h-: p u b}i.c: ~..-.rt.ng: d •te,. to the OIAc,e o f Se...,,.to, A.dQl pho B . P•l•doe... Sr· ... or~ f'tu1 t"o 4 72..::Ml22"' o r vi• •'l'tn•O to ~n.A8Pal•dO..-gmaJt.cocn .

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Umail - MKSl NUllCE Ur PUHLlC HhAKlNU Page I of I

c~ ii Adolpho Palacios <senabpalacios@gmail.com>

FIRST NOTICE OF PUBLIC HEARING 1 message

Adolpho Palacios <senabpalacios@gmail.com> Tue, Mar 1, 2011at12:19 PM To: sabrina@kuam.com, jason@kuam.com, mindy@kuam.com, news@spbguam.com, news@guampdn.com, parroyo@spbguam.com, rgibson@k57.com, Catriona Melyan <cmelyan@guampdn.com>, dmgeorge@guampdn.com, mpieper@guampdn.com, amier@mvguam.com, marvic@mvguam.com, advertise@mvguam.com, zytaitano@gmail.com, jtyquiengco@spbguam.com, clynt@spbguam.com, kstonews@ite.net, jontalk@k57.com

March 1, 2011

Please see attached Press Release from Senator Adolpho B. Palacios, Sr. regarding a public hearing scheduled for Thursday, March 10, 2011. Thank you for your kind attention .

..,, 03102011PH1st.pdf o 393K

https://mail.google.com/mail/?ui=2&ik=593118a0a6&view=pt&search=sent&th= 12e6D6e5 ... 31112011

COMMITTEE ON PUBLIC SAFETY, LAW ENFORCEMENT & JUDICIARY I Mina 'Trentai Unu Na Liheslaturan Gu;Jhap

SENATOR ADOLPHO 8. PALACIOS, SR. Chairman

March 7, 2011 (§8107 Title 5 GCA - 48-hour notice prior to hearing)

SECOND NOTICE OF PUBLIC HEARING

The Committee on Public Safety, Law Enforcement, and Judiciary has scheduled a public hearing startin g at 9:00 am, Thursday, March 10, 2011, at I Liheslaturan Guahan 's Public Hearing Room in Hagatna, on the following:

• Bill No. 63-31 (COR) - AN ACT TO EXCLUDE LAW ENFORCEMENT PERSONNEL, EMPLOYEES AND POSITIONS FROM THE APPLICATION OF THE PROVISION OF ''SAFE HARBOR,, UNDER THE GOVERNMENT OF GUAM'S DRUG-FREE WORKPLACE PROGRAM BY ADDING A NEW §75107 TO CHAPTER 75, TJTLE 10 GUAM CODE ANNOTATED; AND TO INCLUDE OTHER LAW ENFORCEMENT PERSONNEL UNDER THE TERM "DEFINITION" AS USED IN THIS CHAPTER BY AMENDING §75100(a), CHAPTER 75, TITLE 10 GUAM CODE ANNOTATED. - by Senator Adolpho B. Palacios, Sr.

• Bill No. 76-31 (COR) - AN ACT TO AMEND §33111 TO CHAPTER 33 OF 7GCA RELATIVE TO MECHANICSJ LIENS. - by Senator V . Anthony Ada

The Committee requests that, if written testimonies are to be presented at the hearing, copies be submitted one day priur to the public hearing da te, to the Office of Senator Adolpho B. Palacios, Sr., or via fax lo 472-5022, or via email to SenABPalacios@gmail.com. Coples of the aforementioned Bill(s) may be obtained at I Liheslatura11 Guahan·s website at www.guamlegislature.com. Individuals requiring special accommodations or services, please contact Julian Janssen or Jennifer Du Ila at 472-504.7/5048.

Ofjicl'/Mailing Address: 155 Hesler Place, H11g11fit11 Cuam 96910

Telephone No. (671) 47l-5f/il7/!i(J48 • F11x No. (671) 471-50}2 • Emui/: Se11ABP11/11tio~@gmnil.com

vma11 - :':'lecona Notice or Publlc tteanng Page I of 2

i I Adolpho Palacios <senabpalacios@gmail.com>

Second Notice of Public Hearing 1 message

Adolpho Palacios <senabpalacios@gmail.com> Mon, Mar 7, 2011at10:13 AM To: speaker@judiwonpat.com, senator@senatorbjcruz.com, senator@tinamunabarnes.com, "Majority Leader Rory J. Respicio" <roryforguam@gmail.com>, Senator Tom Ada <tom@senatorada.org>, senatortonyada@guamlegislature.org, "Senator Frank F. Blas, Jr."<frank.blasjr@gmail.com>, duenasenator@gmail.com, "Asst. Majority Leader Judith P. Guthertz, DPA" <judiguthertz@pticom.com>, senatorsam@senatormabini.com, "Senator Ben C. Pangelinan" <senbenp@guam.net>, senatordrodriguez@gmail.com, senatormana@gmail.com, Aline Yamashita <Aline4families@gmail.com> Cc: "Atty. Therese Terlaje" <tterlaje@guam.net>, clerks@guamlegislature.org, Pat Santos <psantos@guamlegislature.org>, sgtarms@guamlegislature.org, yong@guamlegislature.org, mark@judiwonpat.com, garrett.duenas@senatorbjcruz.com, chris.carillo@senatorbjcruz.com, chelsa@tinamunabarnes.com, Stephanie Mendiola <sem@guamlegislature.org>, cyrus@senatorada.org, louise_atalig@yahoo.com, Mary Fejeran <maryfejeran@gmail.com>, leslie.g@senatormabini.com, cipo@guamlegislature.org, alerta.jermaine@gmail.com, evelyn4families@gmail.com

March 7, 2011

(§8107 Title 5 GCA - 48-hour notice prior to hearing)

SECOND NOTICE OF PUBLIC HEARING

The Committee on Public Safety, Law Enforcement, and Judiciary has scheduled a public hearing starting at 9:00 am, Thursday, March 10, 2011, at I Liheslaturan Guahan 's Public Hearing Room in Hagatfia, on the following:

• Bill No. 63-31 (COR) - AN ACT TO EXCLUDE LAW ENFORCEMENT PERSONNEL, EMPLOYEES AND POSITIONS FROM THE APPLICATION OF THE PROVISION OF "SAFE HARBOR" UNDER THE GOVERNMENT OF GUAM'S DRUG-FREE WORKPLACE PROGRAM BY ADDING A NEW §75107 TO CHAPTER 75, TITLE 10 GUAM CODE ANNOTATED; AND TO INCLUDE OTHER LAW ENFORCEMENT PERSONNEL UNDER THE TERM "DEFINITION" AS USED IN THIS CHAPTER BY AMENDING §75100(a), CHAPTER 75, TITLE 10 GUAM CODE ANNOTATED. - by Senator Adolpho B. Palacios, Sr.

• Bill No. 76-31 (COR) - AN ACT TO AMEND §33111 TO CHAPTER 33 OF

https://mail.google.com/mail/?ui=2&ik=593118a0a6&view=pt&search=sent&th= 12e8da9a... 3/712011

Umail - Second Notice ot Pubhc Heanng Page 2 ot '2.

7GCA RELATIVE TO MECHANICS' LIENS. - by Senator V. Anthony Ada

The Committee requests that, if written testimonies are to be presented at the hearing, copies be submitted one day prior to the public hearing date, to the Office of Senator Adolpho B. Palacios, Sr., or via fax to 472-5022, or via email to SenABPalacios@gmail.com. Copies of the aforementioned Bill(s) may be obtained at I Liheslaturan Guahan's website at www.guamlegislature.com. Individuals requiring special accommodations or services, please contact Julian Janssen or Jennifer Dulla at 472-5047/5048.

https://rnail.google.com/rnail/?ui=2&ik=593l18a0a6&view=pt&search=sent&th=12e8da9a... 3/712011

Umail - Second Notice ot Pubhc Heanng scheduled tor March I 0, 2011 Page 1 of 2

i f Adolpho Palacios <senabpalacios@gmail.com>

Second Notice of Public Hearing scheduled for March 10, 2011 2 messages

Adolpho Palacios <senabpalacios@gmail.com> Mon, Mar 7, 2011at10:10 AM To: mindy@kuam.com, jason@kuam.com, sabrina@kuam.com, news@kuam.com, news@guampdn.com, Catriona Melyan <cmelyan@guampdn.com>, dmgeorge@guampdn.com, dmgeorge@guam.gannett.com, mpieper@guampdn.com, amier@mvguam.com, advertise@mvguam.com, zytaitano@gmail.com, news@spbguam.com, clynt@spbguam.com, jtyquiengco@spbguam.com, jontalk@k57.com, breakfastshowk57@gmail.com, rgibson@k57.com, kstonews@ite.net

March 7, 2011

(§8107 Title 5 GCA - 48-hour notice prior to hearing)

SECOND NOTICE OF PUBLIC HEARING

The Committee on Public Safety, Law Enforcement, and Judiciary has scheduled a public hearing starting at 9:00 am, Thursday, March 10, 2011, at I Liheslaturan Guahan's Public Hearing Room in Hagatiia, on the following:

• Bill No. 63-31 (COR) - AN ACT TO EXCLUDE LAW ENFORCEMENT PERSONNEL, EMPLOYEES AND POSITIONS FROM THE APPLICATION OF THE PROVISION OF "SAFE HARBOR" UNDER THE GOVERNMENT OF GUAM'S DRUG-FREE WORKPLACE PROGRAM BY ADDING A NEW §75107 TO CHAPTER 75, TITLE 10 GUAM CODE ANNOTATED; AND TO INCLUDE OTHER LAW ENFORCEMENT PERSONNEL UNDER THE TERM "DEFINITION" AS USED IN THIS CHAPTER BY AMENDING §75100(a), CHAPTER 75, TITLE 10 GUAM CODE ANNOTATED. - by Senator Adolpho B. Palacios, Sr.

• Bill No. 76-31 (COR) - AN ACT TO AMEND §33111 TO CHAPTER 33 OF 7GCA RELATIVE TO MECHANICS' LIENS. - by Senator V. Anthony Ada

The Committee requests that, if written testimonies are to be presented at the hearing, copies be submitted one day prior to the public hearing date, to the Office of Senator Adolpho B. Palacios, Sr., or via fax to 472-5022, or via email to SenABPalacios@gmail.com. Copies of the aforementioned Bill(s) may be obtained at I Lihes/aturan Guahan's website at www.guamlegislature.com. Individuals requiring

https://mail.google.com/mail/?ui=2&ik=593118a0a6&view=pt&search=sent&th= 12e8da68... 3/712011

vmau - ~econa I"lonce or 1:uo11c tteanng scneau1ea ror Maren 1 u, LU 11 Yage Lot l.

special accommodations or services, please contact Julian Janssen or Jennifer Dulla at 472-5047 /5048.

Mail Delivery Subsystem <mailer-daemon@googlemail.com> To: senabpalacios@gmail.com

Mon, Mar 7, 2011 at 10:10 AM

Delivery to the following recipient failed permanently:

news@kuam.com

Technical details of permanent failure: Google tried to deliver your message, but it was rejected by the recipient domain. We recommend contacting the other email provider for further information about the cause of this error. The error that the other server returned was: 550 550-5.1.1 The email account that you tried to reach does not exist. Please try 550-5.1.1 double-checking the recipient's email address for typos or 550-5.1.1 unnecessary spaces. Learn more at 550 5.1.1 http://mail.google.com/support/bin/answer.py?answer=6596 s3si1915347faw.146 (state 17).

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Received: by 10.223.164.11 with HTTP; Sun, 6 Mar 2011 16: 10:25 -0800 (PST) Date: Mon, 7 Mar 2011 10:10:25 +1000 Message-ID: <AANLkTik3oYOCaUPS-Fph=TR6W40dpowo4mjpz6U21 B7c@mail.gmail.com> Subject: Second Notice of Public Hearing scheduled for March 10, 2011 From: Adolpho Palacios <senabpalacios@qmail.com> To: mindy@kuam.com, jason@kuam.com, sabrina@kuam.com, news@kuam.com,

news@quampdn.com, Catriona Melyan <cmelyan@quampdn.com>, dmqeorqe@quampdn.com, dmqeorge@guam.qannett.com, mpieper@guampdn.com, amier@mvquam.com, advertise@mvguam.com, zytaitano@qmail.com, news@spbguam.com, clynt@spbguam.com, jtvquiengco@spbguam.com, jontalk@k57.com, breakfastshowk57@gmail.com, rgibson@k57.com, kstonews@ite.net

Content-Type: multipart/alternative; boundary=00235429bda494e243049dd9529a

*March 7, 2011 * [Quoted text hidden)

https://mail.google.com/mail/?ui=2&ik=593 l l 8a0a6&view=pt&search=sent&th= 12e8da68... 31712011

DATE:

TO:

FROM:

COMMITTEE ON PUBLIC SAFETY, LAW ENFORCEMENT 8c JUDICIARY I Mina 'Trentai Uno Na Liheslar.uran Guithan

SENA TOR ADOLPHO B. PALACIOS, SR. Chairman

FACSIMILE TRANSMITTAL S HE ET

March 7, 2011

Pacific Daily News Marianas Variety KUAM/Jsla 630 Pacific News Center Marianas Media K-57/Power 98 Hit Radio 100 KStereo/KlSH Glimpses

477-3079 (Attention: Government Meetings) 648-2007 (Attention: Community Page) 63 7 -9865/9870 477-0793 477-2240 477-3982 472-7663 477-6411 649-8883

Office of Senator Adolpho B. Palacios, Sr.

SUBJECT: SECOND No tice of Public Hearing scheduled for March 10, 2011

PAGES: 1 (including this sheet)

March 7, 2011 (§8107 Title 5 GCA - 48-hour notice prior to hearing)

SECOND NOTICE OF PUBLIC HEARING

The Committee on Public Safety, Law Enforcement, and Judiciary has scheduled a public hearing starting at 9:00 am, Thursday, March 10, 2011, at I Liheslaturan Guahan 's Public Hearing Room in Hagatna, on the following:

• Bill No. 63-31 (COR) - AN ACT TO EXCLUDE LAW ENFORCEMENT PERSONNEL, EMPLOYEES AND POSITIONS FROM THE APPUCA TION OF THE PROVISION OF "SAFE HARBOR" UNDER THE GOVERNMENT OF GUAM'S DRUG-FREE WORKPLACE PROGRAM BY ADDING A NEW §75107 TO CHA PTER 75, TITLE 10 GUAM CODE ANNOTATED; AND TO INCLUDE OTHER LAW ENFORCEMENT PERSONNEL UNDER THE TERM "DEFINITION" AS USED IN THIS CHAPTER BY AMENDING §75100(a), CHAPTER 75, TITLE 10 GUAM CODE ANNOTATED. - by Senator Adolpho B. Palacios, Sr.

• Bill No. 76-31 (COR) - AN ACT TO AMEND §331 11 TO CHAPTER 33 OF 7GCA RELA TTVE TO MECHANICS' LIENS. - by Senator V. Anthony Ada

The Comm.iltee requests that, if written testimonies are lo be presented at the hearing, copies~ submitted one day prior to the public hearing date, to the Office of Senator Adolpho B. Palacios, Sr,. C>r via fa)< to 472·5022, or via email lo SenABPalacios@gmail.com. Copies of the aforementioned Bill(s) may bt? obtained at I LihL'slaturim G11ah1m's website at www.guamlegislature.com. Individuals requiring special accommodations or services. please C'Ontact Julian Janssen or Jennifer Dulla at 472-5047/5048.

Ojfkd Maili11g Address: 15" /In/er Plare, /l(lgatfla Guam. ')6910

Telepho11e No. (67 1) 472-.~047/S(UR • Fox No. (671) 472-5012 • Email: Se11A BP11/arios@gmail.r11111

Destination Start n1e PON 03-07 10: 14 IOJAH 03-07 10: 15 PNC 03-07 10: 16 1(57 03-07 10: 16

BrOddcast RePort

Tile Prints Result 00:00:35 001 /001 OK 00:00:23 0011001 OK 00:00:21 001 /001 OK oo: 00: 18 001 /001 OK

Note

p 1 03/07/2011 10:21

Serial No. Ao2Eo110030es TC: 126871

HIT RADIO 100 03-07 10: 17 00:00: 19 001 /001 OK KSTO 03-07 10: 17 00:00:39 001 /001 OK GLIMPSES 03-07 10: 18 00:00: 19 001 /001 OK MARIANAS VARlm' 03-07 10: 19 00:00:25 001 /001 OK KSTEREO! KISH 03-07 10:20 00:00:39 001 /001 OK

Note

Result OK: CO«llllUniCdtion OK. S-OK: Stop COlllllunication. PW-Off: Power Switch OFF, TEL: RX from TEL. NG: Other Error, cont: Continue, No Ans: No Answer, Refuse: Rece iPt Refused, Busy: BUSY, H-Full :HellOrY Full , LOVR:Receiving le119th over. POVER:Recelving Pd9e over, FIL : file Error, DC:Oecode Error. tl)N : l«)N ResPOnse Error. OSN:OSN ResPOnse rrror.

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l\&arch 7. 2 0'1, (§8"107 T i U e S CCA - 48-ho·•.r notic.< p rio r t o h .. ..rtng)

-"J"h.e -Corn.....U.~e- o n Publ i c- Sa£cty, t ,.,a.v.7 EJ"'\ forcement-,.. and J ud.ic:ri A1')'" hos schedul~d a p u bJJc he:a r1.n_g s t arting at 9:00 ~ 'Tbu ..... d a y , M_...ch '1 0 .. 20'1 2 .. a c J l..ihN";laturAn GuAhun '"$ P u b li c Hearin& Room in_ Hag-A t1'\a, o n. the r ol Jo """1.ng:

OU.I No. 63-31 (COR) - AN A CT TO EXCL U D "E LA W B N l'OR CEr...I E:NT P E R SONNEL. ~PLOV"liES A ND P O SITIONS ERO.l\.-t ~E A PPLIC A TYON OF 'THle PROVl!S ION O P -sAFE HAR B OR" U NDER T'ME GC>"E~Er-.rT OF G1JA~-s D .RUC-F R.E £ W C>RXPLACE PRC>G .RA""' B Y A O DrNC A NEW §75107 T O C HAPTER 75, TITLE 10 C \.J A l"'1 CODE ANNC>T ATEf O ; ANO T O INC:t..UL>E OTHER LAW ENFORC EMENT PERSONNE!l... UNDER TH 6 T13R?vf .. DSJ'l"N"IT1C>N " A S U SEO D-.i Tl'US C HAP'TB.R SY AIVIBND'ING § 7!5"100(a ) , C H.APTE R 7 5 , TITLE 1 0 GUAM" CODE ANN'C>TATED. - by S enator Adol.pho B .. P-.laclo•, S r .

e "u N o . 7-3 .1 ( C OR) - AN A CT T C> A~NO §33111 T C> C H APTER 33 C>F 7GCA R E LATTVE TC> ~ECHANICS' LIEN$. - by 5 .,natOT V. Ant h o ny A d a

'"rhc- <:...'"'o7Tik"W'i• tte-e ~UC:-.'- th• t. t r writt~ , .. •d•nO'f"\!~ -ak'IO c:o be )>~.J'\ttd . .. th<e- he• rl.l"1..- c o p f e,._ b~ flub..n.t:tc.edi o~ cl•.)' p rior C<> d'\• p t.ab lic h e -,rin:g da-.e . t o t.t--- OU&er o f S.n.- •or Adolpho B . r..i..ctOA~ s.-•. a~ v la (ax to 4 72....502.2...- o r V'I• e'f"n•U ~o ~ABP...,,.cloedltg."n.eil.co.n. C o p l..,_ o1 the • fo'f"'C'mw=:nt:Soned D i ll( " ) m.a y be c>bt alned a t. r LO.,• l•lvr.n C wdli.-n ·,, w.eb.lt.~ "* W"W w .gt..1.a.Tn&• g telan;ar..com .. 1.nd.J v,d u.. 1-r...qiu.i"ri"-8 ~l•J •C'C'On·•-~Tu.w:l• t:t~• u .. - rvtc:'JlltW,.. pl•-..e <'OnC--<"" J ult,• n J•n.~n 9 r )~lier Oun.- • t 4 72-.504 "7/504.B.

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~ March 8 Civil Service Commlsalon: Boal'd

meeting ·5:45 p.m., seventh-floor coo­f~rence room, IJC Boilclt)g, : ' · Tamuning: MQtion hearings: Sha.ron L Castro vs. Department ot Educa· . tion, Teresita S. Rillera vs. Guam · · · Memorial Hospital: signing, judQ. ments of ~: Antonia Tail.Mo . vs. DOE, Donna Mendiola vs. DOE, . Jeanette M. Burch vs. Guam Public School System. LasWr J.O Aq4Jon · vs. Guam walefwol'ks AU!hority, • Magie Qipeda vs. DOE, Matianilo C.

·. Bautista Jr. vs. Oepal1menl ol Aann­lstration, Rudy P. Tarusan vs. ooe. St911'81l E. Taylor vs. DOE. Sy1wt O. Taylor vs. DOE, Sylvia O .. Taylor v5. GPSS, Vicente (Ben) Ouidachay vs. DOE. Andrew lndal9cio vs. DOE,. Anne K S'dngel>au vs:~ *"'·1 Snd laws relating to csc: Fe)( special, accommodalions, call -me at 647- . ·, 1855f7 Of TOO 647-1872:

Consolldeted Commluton on UUll·' ties: Regular meeting on Guam Power Authority matters 5:30 P.M., GPA board conference room, Har­mon. Agenda copies available. For

· si>ecial accomnlodations; call Lou Sablan, 648-3002.

Guam Housing Corp.: Board of di­rectors' regular meeting 3 p.m., fifth

- floor, GEc:>Aconference.room. Gen· eral GHC matters and pending mat­ters to be discussed in e><ecutive session (closed 10 public). For spe­cial accommodations, call 647-4143, e><t. 140.

..egls&atlve public hMrfng: 9 a.m .. Legislab.lre's public hearing room, Hagliti\a. Resolution 24-31 (cor) rel­ative to ensuring that health, safety and quality of life of Guam's com­munity is preserved by requesting Joint Region Marianas to implement noise mitigation measures to reduce

impaci of military aircraft activities. E-mail written tes1irnony: aline4fami­lies@teleguam.net. R>< special ac­commodations, caH 648-3474.

March 9 Alcohollc Bevetage Control Boerd:

Meeting 5_p.m •• Oepa'1r'nen1 of Rev & Tax director's conlererice room, old PrloeSmart bl.lllding, Route 16, Barrigada Call 635· 1802/5.

Guat.n 4ncMtral Llnd9 eomrna.­alon: Reglilar rneetl~ 4 p.m., GALC ollice. Suile 103."Anigua COf'llmercial building, For specjal ac­commodatk>ns, call 473-5263.

Guam Dewtopnwol Dlubllldes Couoc:K: eimonthly meeting 11 am. to 2 p.m., Hiiton Guarri Resort & Spa's Micronesian room. All council members are encouraged to attend. The public is invited. For special ac­commodations, call 735-9127.

March 10 Con'Wnlttite on Public Safltly, law

Enforcement and Judiciary: Pub­lic hearing 9 a.m .. Legislature's pub­lic hearing room, HagAttla. Bill 63-31 (cor), excluding law enforcement personnel, employ.ees and positions from application of provision of Safe Harbor uhder GovG~m·s drug-free worltplaoe program; Bill 76-31 (cor), relative to mechanics' liens. For special accOmmodatlons, call 472-5047/5048, '

Guam 8owd of Nurte Examfl'lef'a: Regular meeting 4 p.m., Health Pro­fessional Ucensil\g Oflice. SIJite 9, Legacy Square Commercial Com­plex, Route 10, Mangllao. For spe­eial accommocsatlons, call 735-7407 . or TDD 649-1801.

Gl9m &onom6c Dewloplnent A~ thority: Board of direc10f5' regular meeting 1 :30-p.m., SU1te 511, ITC

• building, Tamuning. For special ac-...... ---.J~--· -·" - - .

FIND MOIE ONLINE . • To view a complete list for gov­ernment meetings and other events, view our ontine dally calendar at: · http://search.guampdn.com/ localevents

. ·- ..... ....... --..-.-----647-4332, ext. 104.

Guam Education Board: Special meeting 6 p.m., George Washington High School cafeteria. Department of Education flSC:al 2012 budget re­quest; board officers: election of chairperson, vice chairperson. For special accommodations, call Joyce Kaneshiro, 300-162'7.

Guam Visitors Bureeu: Board of di­rectors' regular meeting 4 p.m., GVB main conference room, Tu­mon. For special accommodations, call 646-5278.

March 11 Committee on Educ.lion end Public

Utnrtes: Public hearing 5 p.m .. Legislature's public hearing room, HagAtl\a. Bin 87-31, requiring suffi­cient classrooms for Chamorro lan­guage and culture COU'58S in each public school; Bill 9541 , expanding Chamorro language and culture curriculum in public schools; Bill 98-31, awarding Or. Antonio' C. Ya· · mashtta Teacher Corps Scholarship to Chamorro language and cult\Jre studies al UOO. Submit testimpny .. · , vta....maM:.:., • - . . • • . fblOnMOJudiwoopat.com. For sj)e-~

· clal accommodaoons,' call Ed Pocaigue, 472-35881718 . ..

eommttt.. on Munlclpel Affalra, · Touriam, ~Md Aea..­

ellon: Publlc heeling 9 a.m:, Legis· lature's public hearing room, . HagAtlla. Executive appointments of: Eduardo A. Calvo, Nathan .

to serve as members of Guam Visi­tors Bureau board of directors; Romeo A. Angel to serve as mem­ber of Guam Housing Corp. board . of directors: Bill 57-31, relative to delegating all Liberation festivities to the Mayors Council of Guam, and ensuring fiscal accountability for.all funds earned during liberation Day festivities. E-mail written testimony to the office of Sen. Ttna Rose MunaBameS: tinamunabames@gmail.com. For specialaccommodations, call472-345516.

Guam Community College Board of Trustees: Monthly meeting 6 p.m .. president's conference room, build­ing 2000, Mang~ao. For special ac­commodations, call 735-5597.

Guam Mental Health Planning Council: Meeting 10 to 11 :30 a.m., Department of Mental Health and Substance Abuse. Tamuning. For special accommodations, call Reina Sanchez. 647-5303.

March 14 Committee on Public Safety, Law

Enforcement and Judiciary: Sec­ond round-table meeting with Guam Fire Department on compensation of firefighters assigned to the . agency's administrative offices, 6:30 P'"'·i LegislaJUre's Public heating · roo(l'l,!Hagl~. qt~r policy mat­ters·Wiltl GFD chi4lRnominee John :

· · saias toward finalii:ing his confirma­tion process. For special accommo­dations, call Julian Janssen or Priscilla Cruz. 472·504718.

March 16 Conb'Ktora Lan.9 Boen:I: Regular

meetirig 5:30 p.m., board confer­ence room; 542 N. Marine Corps Orive, upperTumon. Forspeclal ac­commodations, call 649-221119676.

meeting lO a.m., J&G Commercial ~ Center, Suite 111F, HagAtfia. Call Jo f; Ann Aguero, 472-6940 OI' 4n-8461. ~

March 18 · · Depel1ment of Public HMlth end ~

Social Services: Annual public § hearing on current fee schedules for , application of license or renewal of 3:: license of child day care facilities on o Guam 9 to 11 a.m.; Bureau of Se- 5_ cial Services Administration confer- . o ence room, third floor, Tettaje build- ':::< ing, Suite 309, Hernan Cortez Ave., 3:: HagAtl\a. Copies of license fees o may be picked up at the BOSSA of· o lice. Gall EHzabeth Ignacio or Lenna =r Ouarosan, 475-265312672. ,'-'

March 25 ""' 0 -Government of Guam Retirement

Fund: Board of trustees' regular meeting noon, Retirement Fund conference room, Route 8, Maile. For special accommodations. call 475-6900/1 .

co i

March 31 i Guam Parole Board: Regular hearing ?

8:30 a.m., Parole Services Division, S Suite 505, ONA building, Hag!,lfla. 3 For special accommodatiOns. call 473-7001 . .

Aprtl 6 Mayon Council of Guam: Regular · ·

·m"'ino 10 a.m., J&~ Commerci~ · Centet. Suite 111 F, HagAtf\a. cal Jo .!

Ann Aguero, .472-6~0 or.4n-346t . . : . A rll 20 . . . . · ~ : . p . ·" Mayors Council of Guam: Spedil · · .

meeting 10 a.m., J&G Commercial Center, Suite 111 F. Ha,gAti\a. Call Jo Ann Aguero, 472~940 or 4n-8461 .

May4 : . Mayon Councll of Guam: Regular ·.

meeting 10 a.m., J&G Commercial Center, Suite 111F, HagAt~. Call.Jo An " Anuor" <17?.S:Qd./\ tv A-r7.AAi::1

COMMITTEE ON PUBLIC SAFETY, LAW ENFORCEMENT & JUDICIARY I Mina 'Trentai Uno Na Lihcslacuran Gu:lhan

SENATOR ADOLPHO 8 . PALACIOS, SR. Chairman

PUBLIC HEARING

9:00 am, Thursday, March 101 2011 I Liheslaturan Gudhan's Public Hearing Room, Hagama

AGENDA

• Bill No. 63-31 (COR) - AN ACT TO EXCLUDE LAW ENFORCEMENT PERSONNEL, EMPLOYEES AND POSITIONS FROM THE APPLICATION OF THE PROVISION OF ''SAFE HARBORu UNDER THE GOVERNMENT OF GUAM'S DRUG-FREE WORKPLACE PROGRAM BY ADDING A NEW §75107 TO CHAPTER 75, TITLE 10 GUAM CODE ANNOTATED; AND TO INCLUDE OTHER LAW ENFORCEMENT PERSONNEL UNDER THE TERM "DEFINITION" AS USED IN THIS CHAPTER BY AMENDING §75100(a), CHAPTER 75, TITLE 10 GUAM CODE ANNOTATED. - by Senator Adolpho B. Palacios, Sr.

• Bill No. 76-31 (COR) - AN ACT TO AMEND §33111 TO CHAPTER 33 OF 7GCA RELATIVE TO MECHANICS' LIENS. - by Senator V. Anthony Ada

The Committee requests thal, if written testimonies are to be presented at the hearing. copies be submitted one day prior to the public hearing date, to the Office of Senator Adolpho B. Palacios, Sr., o r via fax to 472-5022, or via email to

SenABPalacios@gmaiLcom. Copies of the aforementioned Bill(s) may be obtained at l Ul1eslaturan Gwihan's website at www.guamlegislatu re.com. Individuals rvqulring speclal accommodations Qr services, please contact Julian Janssen or

Jennifer Dulla at 472-5Q47/5048.

Office/Moiling Address: 15.'i He.fler Place, Hagtttlla Guam 96910

Telephone /\lo. (671) 472-5047150411 • Fox No. (671) 47)-5021 • £mail: SenABPalucios@gnuzilcom

J . ol. . '\ •• • Loe AL ~

Bill would bar law enforcement from program~ Pacific Daily News AT A GLANCE partment, including the fire ch1ef; security officers employed by Gov- Recreation, including the Superin- I

A one-time opportunity to get counseling and rehabilitation for the use of illegal drugs shouldn't be open to Guam law enforcement personnel, according to proposed legislation that was discussed dur­ing a legislative hearing yesterday.

Bill 63. introduced by Sen. Adolpho Palacios, would lake away police and oilier law enforcement personnel's right to take advantage of a "Safe Harbor" provision.

Under current Guam law. Gov­Guam employees who voluntarily admit to illegal drug use have a one-time opportunity to identify· themselves and undergo counsel- ·

The' Safe Harbor program gives a . government of Guam employee a

one-time 'opportunity to voluntarily identify him or herself as a user of illegal drugs and to undertake coun­seling or rehabilitation. Bill 63, if passed into law. would prohibit the following GovGuam employees from the program: .A Members of GPO. including th~ chief of police; .._ Members of the Guam Fire De-

ing or rehabilitation. But employ­ment in law enforcement "demands a high ethical and professional code of conduct to be adhered to id or­der to maintain the reputation and

• Officers at the Department of Guam, or performing work for the tendent; Corrections, including the director; Gov~r~ment of Guam. including but .._ Conservatio~ office.rs. of th~ De- ~ .._ Customs and quarantine offi- not ltm1ted to lock-up guards, and partment of Agriculture, mclupmg e cers, Including the director; . those performing security at the air- . the chief; ~ .._ Employees of the Department of port and port; . .A Port Authority police officers, in- -n Youth Affairs who engage in Juve- .A Deputy marshals ot the Unifie.d eluding the chief; B: nile detention and rehabilitation · Guam Judiciary, including the chief; .&. Guam International Airport Au- o work, Including the director; .A Probation officers and allerna- thority Police officers, including the '::.< A; Tax enforcement officers from tive sentencing officers of the Uni- chief; and 3: the Department of Revenue and tied Guam Judiciary, including the .&. Firefighters of the Guam interna- o Tax·auon, attorney genera1, deputy chief probation officer; Jional Airport Authority, including the n and assistant attorneys general, .._ Territorial park patrol officers of chief. ::r and attorney general investigators; the Department of Parks and Source: Bi/1 63 ::

credibility crucial for the perfonn­ance required by the position," ac­cording 10 Bill 63.

The committee on public safety, law enforcement and judiciary

heard testimony on the bill yester­day. In written testimony, Police Chief Fred Bordallo expressed sup­port for the bill, but requested that · the bill be amended to exclude civil-

IV ian employees of the police depart- ~ ment. ·

· Yesterday, GPD spokesman Of- u:a ficer A.J. Balajadia confirmed that ·& a police officer has been removed 3 !Tom patrol duties, and has sought l. Safe Harbor. Balajadia said the of- :a ficer is required to undergo treat- ii\

· ment and that the department is g<.r. I ing to monitor the process. •

He added that Bordallo bas "zero-tolerance to the use and sell-ing of illegal diugs." ' ·

In January, police con.finned that an officer was ~nder investigalion for possible substance abuse. That officer was placed o~ 20 days ad­ministrative leave, Balajadia has said.

The police department will be Implementing department-wide drug testing, according to Ba.lajadfa.