committee on calendar committee on general … reports/bill no. 230... · 2017. 4. 6. · senator...

SENATOR FRANK T. ISHIZAKI I Mina 'Bente Nuebi Na Liheslaturan Guahan

CHAIRMAN COMMITTEE ON CALENDAR

COMMITTEE ON GENERAL GOVERNMENTAL OPERATIONS AND REORGANIZATION

June 27, 2008

The Honorable Judith Won Pat Speaker I Mina Bente Nuebi Na Liheslaturan Guahan 155 Hesler Place Hagatfia, Guam 96910

Re: Committee Recommendation

Dear Speaker Won Pat:

The Committee on General Governmental Operations and Reorganization, to which was referred Bill No. 31 (EC): Relative To Reinstating The One-Step Merit Pay Increase For Graduates Of The Pedro 'Doc' Sanchez Scholarship Program, Through Amending Subsection (e), Of §15906, Article 9, Chapter 15, Title 17, Guam Code Annotated, herein reports back with the recommendation TO REPORT OUT ONLY.

Votes are as Follows:

~ TO PASS

\ NOTTO PASS

TO REPORT OUT ONLY

ABSTAIN

IN ACTIVE FILE

Sincerely,

~ Scnaf r Frank T. Ishizaki

I 55 Hesler Street, Hagatna, Guam 96910 Tel: 475-384112 ·Fax: 475-3844 · [email protected]

www. frankish izaki. com




June 27, 2008

MEMORANDl'M

TO: All Members Committee on General Governmental Operations and Reorganization

FROM: Chairman

SUBJECT: Voting Sheet

Transmitted herewith are the voting sheets and the Committee Report of the Public Hearing on Bill No. 31 (EC): Relative To Reinstating The One-Step Merit Pay Increase For Graduates Of The Pedro 'Doc' Sanchez Scholarship Program, Through Amending Subsection (e), Of §15906, Article 9, Chapter 15, Title 17, Guam Code Annotated for your review and signature.

Your attention to this matter is greatly appreciated.

Senator

Attachments

155 Hesler Street, Hagatfia, Guam 96910 Tel: 475-384112 ·Fax: 475-3844 · ishi::[email protected]

www.frankishizaki.com


CHAIRMAN COMMITTEE ON GENERAL GOVERNMENTAL OPERATIONS AND REORGANIZATION

VOTING RECORD

Bill No. 31 (EC): Relative To Reinstating The One-Step Merit Pay Increase For Graduates Of The Pedro 'Doc' Sanchez Scholarship Program, Through Amending Subsection (e), Of§ 15906, Article 9, Chapter 15,

Title 17, Guam Code Annotated

Committee Member

Senator Frank T. Ishizaki, Chainnan

Senator Frank Blas, Jr., Member

Senator Eddie Calvo, Member

Senator Jim V. Espaldon, Member

Speaker Mark Forbes, Member

Senator Judith P. Guthertz, Member

( Senator Jesse A. Lujan, "

Member

Senator Tina Muna-Barnes, Member(

/7

Senator r~olmos, Member 7//1 •;;f}tJ Senator Rory Respicio, I

Member

Speaker Judith T. Won Pat, Ex-Officio Member

TO

Signature TO PASS NOTTO REPORT

PASS OUT ONLY

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155 Hesler Street, Hagatfia, Guam 96910 Tel: 475-384112 ·Fax: 475-3844 · [email protected]

www.frankishizaki.com

PLACE IN ABSTAIN INACTIVE

FILE

Committee on General Governmental Operations and Reorganization

Public Hearing

Bill No. 31 (EC): Relative To Reinstating The One-Step Merit Pay Increase For Graduates Of The Pedro 'Doc' Sanchez Scholarship Program, Through Amending Subsection (e), Of §15906, Article 9, Chapter 15, Title 17, Guam Code Annotated

I. Overview:

The Committee on General Governmental Operations and Reorganizations convened for a public hearing at 9:00 a.m. on Tuesday, May 29, 2007 to receive testimony on Bill No. 31 (EC): Relative To Reinstating The One-Step Merit Pay Increase For Graduates Of The Pedro 'Doc' Sanchez Scholarship Program, Through Amending Subsection (e), Of §15906, Article 9, Chapter 15, Title 17, Guam Code Annotated. Notice of the hearing was disseminated throughout all local media for announcement on the 271

h of February, 2007. A second notice of the hearing was disseminated on the 5th of March, 2007.

Senators Present: Y Speaker Judith Won Pat Y Senator Frank Ishizaki, Chairman Y Senator Adolpho Palacios Y Senator Judy Guthertz Y Senator Tina Muna Barnes

Testimony submitted by: Y Fred Bordallo, GPD Y Alice Taijeron Y Karen Tydingco Y Ron McNinch, Doc Sanchez Program Administrator Y Kevin Guerrero, GPD Y Tony Aguon, DOA Y Bernadette Lizama, DOA Y Mark Duarte, MP A Y Rose Perez Y Joey C. San Nicolas

II. Summary of Testimonies:

Fred Bordallo He is in support of Bill 31. He notes that he is a graduate of UOG who was under the Pedro "Doc" Sanchez program. Mr. Bordallo thinks that the increments are a benefit to employees within the government of Guam who wish to further their education.

Alice Taijeron She is in opposition to this bill in its entirety. She says that she will provide to the Committee written testimony. She finds that this bill is special interest legislation. She is a graduate of UOG and has her Master's Degree in Organizational Management, all the while paying for it herself. She says that Doc Sanchez recipients are given money to go to school, they have a guaranteed job, and they are given administrative leave to attend school. She asks why they now deserve a pay raise. She says that merit increases should be given by merit, not because you are a Doc Sanchez scholar. She says that she hears stories of people taking advantage of the program by not fulfilling their obligations to the Government of Guam. She says that merit raises should be properly given based on merit.

Dr. Ron McNinch Dr. McNinch states he is the administrator of the Doc Sanchez program at UOG. He talks about the program when he started. Dr. McNinch also gives demographics of the program. He says that recipients of the program have done amazing things within the government. He says that a huge amount of grant money has been given to the Government of Guam based on the work done by Doc Sanchez recipients. He continues by saying that anyone within the government who gets their degree should be recognized. He suggests that college graduates get priority promotion status. Dr. McNinch then says that in the 10 years he's been running the program, he's never turned a student away. He says that if anyone wants to see the bad side of him, show him someone who is abusing the program. He believes that the program is good, and of course can be improved. He suggests that people who leave government service and then get their degrees should be allowed back in.

Kevin Guerrero Mr. Gurrero states that he is a recipient of Doc Sanchez. He graduated from UOG under the program. He is now a police officer in CIS. He thinks that possible abuses are a separate issue. He notes that he and other Doc Sanchez scholars are in critical positions. He adds that GPD has lost many officers to death and other reasons such as going offisland or joining the military. He states that he is in the Government of Guam for the long-haul. He is in full support of the Bill.

Senator Ishizaki He asks for some statistics on the Doc Sanchez program such as number of participants, how many stay with GovGuam, etc. He asks Dr. Ullloa Heath to provide statistics.

Dr. Heath Ulloa She states that 133 out of 174 undergraduates received degrees. She states for the graduate program, 46 out of 52 have received degrees. For autonomous agencies undergraduate, 47 out of 62 have received degrees while graduate 14 out of 16 graduate students received their degrees.

Dr. Ron McNinch Doc Sanchez is funded with about $240,000 per year, which would serve about 70 students per year. The program was once funded with about $700,000 per year. Most students are in fields that are vital such as in the security, investigative, and educational backgrounds.

Karen Tydingco She is in support of Bill 31. She is a former recipient of the Doc Sanchez Program and is currently a Master's Student and is employed at the Department of Mental Health and Substance Abuse. She realizes that with the ongoing financial troubles that if this bill is passed, it will not take effect until times are better.

Bernadette Lizama She is a graduate under the Doc Sanchez Program. She explains her situation while she was going through the program. She graduated in 2002 with her bachelor's degree. She graduated with a master's degree in 2004. She says that she gained something significant from Doc Sanchez, but GovGuam also gains from her. She states she is in GovGuam for the long haul. She supports Doc Sanchez and this bill.

Tony Aguon He states that a lot of the people present in the room were his classmates going to UOG under the Doc Sanchez program. He says that it is not only indicative of Customs and Quarantine, but also GPD and GFD. He says that everyone asks for a better quality of public servant. He says that this bill provides incentive for people to better themselves through education. He says that this bill is not about a raise. This is an investment in the recipients who clearly give back to others.

Senator Ishizaki He says he was not under the Doc Sanchez program. Doc Sanchez, while he was the President of UOG, called him into his office and said to him that the police department needs him and that the rest was history. He says that people are the most valuable resource to the government and that he has no problem supporting the bill. He suggests that everyone should look at how to also recognize those who did not go through the Doc Sanchez program, but attained degrees on their own. He says that they have his support.

Senator Palacios He says that the government of Guam has a history of rewarding employees with education. He says that during his time in the 70' s, it was not the Doc Sanchez program, but the Junior Executive Training (JET) Program, in which he took part. He says that this bill would simply restore the increment that is already in place within the law that was placed on suspension a few years ago. He asks if autonomous agencies pay the increments, to which Dr. Ulloa Heath says yes. He says that this bill would then reimplement to the line agencies.

Mark Duarte See attached written testimony

Rose Perez See attached written testimony

Joey C. San Nicolas See attached written testimony

III. Findings and Recommendations:

The Committee on General Governmental Operations and Reorganization finds that Bill No. 31 (EC) outlines good points and may be beneficial to a certain degree. Good points were made both for and against the bill. There is no doubt the intention of the bill is well but further review and perhaps amendments could be made to give the measure more strength. Therefore, Bill 31 (LS) is duly reported with the recommendation TO REPORT OUT ONLY.


CHAIRMAN COMMITIEE ON GENERAL GOVERNMENTAL OPERATIONS

AND REORGANIZATION

PUBLIC HEARING AGENDA

Wednesday, March 07, 2007 1:30 p.m.

Public Hearing Room, Guam Legislature

I. Appointment of Jose "Pedo'' Terlaje, Mayor of the Municipality of Yona

11. Bill No. 3 (LS) - An Act To Amend §§2109 And 2110 Of Chapter 2 Of Title 4, And To Amend §§6227 And 6228 Of Chapter 6 Of Title 4, All Of The Guam Code Annotated, Relative To Prohibiting "Lame Duck" Incumbents From Hiring New, Unclassified Employees Following The Loss Of An Election And To Prohibit Salary Increases To Unclassified Employees Following The Loss Of An Election Or The Decision Not To Seek Re-Election By An Incumbent Elected Official.

' 111. Bill No. 51 (EC) - An act to construct a Guam National Museum and assist in furthering the preservation and presentation of Guam's culture, heritage and history by creating the GUAHAN Heritage Facilities Board, the GUAHAN Heritage Facilities Hotel Room Surcharge, and the GUAHAN Heritage Facilities Fund by adding a new Subitem (y) to §87104 of Chapter 87, Division 8, Title 5 Guam Code Annotated; adding a new Chapter 89 to Division 8, Title 5 Guam Code Annotated; and adding a new Chapter 29 to Title 11 Guam Code Annotated.

IV. Bill No. 54 (EC) - An act relative to acknowledging the recommendations and findings of the Mayors' Council of Guam in addressing the growing community service needs of their respective residents and villages, establishing a formula for meeting their personnel requirements, and allowing for the retention of a legal counsel for the Mayors' Council of Guam; By adding a new subsection §40106.1 to Chapter 40; Division 4, Title 5, Guam Code Annotated.

V. Bill No. 31 (EC) Relative To Reinstating The One-Step Merit Pay Increase For Graduates Of The Pedro 'Doc' Sanchez Scholarship Program, Through Amending Subsection ( e ), Of§ 15906, Article 9, Chapter 15, Title 17, Guam Code Annotated.

VI. Bill No. 40 (EC) - An Act To Amend Article 3 Of Chapter 32 Of Title 17 Of The Guam Code Annotated Relative To The Peace Officer Standards And Training Commission ("Post"); To Amend 5.55 Of Article 2 OF Chapter 5 OF Title 8 Of The Guam Code Annotated; To Amend Sections 32201 And 32201.1 Of Article 2 Of Chapter 32 Of Title 17 Of The Guam Code Annotated; To Amend Section 4203.1 Of Article 2 Of Chapter 4 Of Title 4 Of Guam Code Annotated; To Amend Subsections 77114(a)(3) And 77114(a)(4) Of Chapter 77 Of Title 10 Of The Guam Code Annotated; To Amend Sections 1112.2 Of Article 1 Of Chapter 1 And 10111.2 Of Chapter 10 Of Title 12 Of The Guam Code Annotated; And To Amend Section 77206 Of Article 2 Of Chapter 77 Of Title 21 Of The Guam Code Annotated.

155 Hesler Street, Hagati'ia, Guam 96910 Tel: 475-384112 ·Fax: 475-3844 · [email protected]

·www.tlw1kishi:::aki.com

I Mina' Bente Nuebi Na L.iheslaturan Gudhan Committee on General Governmental Operations and Reorganization

Senator Frank T. Ishizaki Chairman

Wednesday, March 07, 2007·1: 30 p.m. Public Hearing Sign In Sheet

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Bill No. 31 (EC): Relative To Reinstating The One-Step Merit Pay Increase For Graduates Of The Pedro 'Doc' Sanchez Scholarship Program, Through Amending Subsection (e), Of§ 15906, Article 9, Chapter 15, Title 17, Guam Code Annotated.

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I Mina' Bente Nuebi Na Liheslaturan Guahan Committee on General Governmental Operations and Reorganization

Senator Frank T. Ishizaki Chairman

Wednesday, March 07, 2007·1: 30 p.m. Public Hearing Sign In Sheet

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Bill No. 31 (EC): Relative To Reinstating The One-Step Merit Pay Increase For Graduates Of The Pedro 'Doc' Sanchez Scholarship Program. Through Amending Subsection (e), Of §15906, Article 9, Chapter 15, Title 17, Guam Code Annotated.

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15 5 Hesler Street, Hagatiia, Guam 96910

Honorable Frank T. lshizaki Chairman, Committee on

Alice Taijeron (671) 475-8945

March 8, 2007

General Government Operations and Reorganization I Mina Bente Nuebi Na Lihe/saturan Guahan Guam Legislature, Legislative Building Hagatna, Guahan 9691 O

SUBJECT: STATEMENT IN OPPOSITION TO BILL NO. 31 {EC)

Dear Chairman lshizaki:

I am writing in opposition to Bill 31 (EC}. "an relative to reinstating the one-step merit pay increase for graduates of the Pedro 'Doc' Sanchez scholarship program". In addition to my current statements and views in opposition to Bill 31 (EC), I have attached a copy of a previous statement submitted for the record on the same issue, heard during the 28th Guam Legislature, specifically-Bill 238 (EC) - "An act to amend subsection (e) §15906, article 9, chapter 15, Title 17 Guam code annotated, relative to reinstating the one-step merit pay increase for graduates of the Pedro 'Doc' Sanchez scholarship program". I would like my current and my previous statements submitted for the record and made part of your committee report during this 29th Guam Legislature.

Bill 31 (EC) is a SPECIAL INTEREST BILL, IT IS A BILL THAT GIVES PREFERENTIAL TREATMENT OF ONE SPECIAL CLASS OF GOVERNMENT EMPLOYEES OVER ALL OTHER GOVERNMENT EMPLOYEES. MOREOVER, BILL 31 (EC) IS A BILL THAT WREAKS OF BLATANT DESCRIMINATION, SUPPORTED AND ENCOURAGED BY GOVERNMENT OFFICIALS, AND SADLY, POLICY MAKERS SHOULD THIS BILL BE ALLOWED TO PASS.

BILL 31 {EC) IS DISCRIMINATORY

DISCRIMINATION:

In Constitutional law, the effect of a statute or established practice which confers particular privileges on a class arbitrarily selected from a large number of persons, all of whom stand in the same relation to the privileges granted and between whom and those not favored no reasonable distinction can be found, unfair treatment or denial of normal privileges to persons ... A failure to treat all persons equally where no reasonable distinction can be found between those favored and those not favored. (Reference Black, H. C. (1990). Black's Law Dictionary, 5th Ed. St. Paul, Minn. West Publishing Co.) In this instance, Bill 31 (EC) seeks to confer a particular privilege on a particular class of individuals - Pedro 'Doc' Sanchez Scholarship recipients-Bill 31 (EC) discriminates.

There is no doubt that many graduates of the 'Doc' Sanchez scholarship contribute to the betterment of our government, however, there are still many other government employees who have contributed just as much having obtained degrees in other fields of study other than public administration and business administration. Is an individual who obtained a degree in Criminal

1


Justice less worthy of a one-step merit pay increase, or a graduate with a master's degree in Management less deserving of the one-step merit increase? No, in fact, a MERIT PAY INCREASE IS NOT AN ENTITLEMENT AND SHOULD NOT BE AN ENTITLEMENT FOR A SPECIAL CLASS OF EMPLOYEES. A MERIT PAY INCREASE IS SOMETHING THAT IS DESERVED AND GRANTED FOR AN EMPLOYEE HAVING ACHIEVED OR ACCOMPLISHED AN OUTSTANDING TASK OR HAVING MET REQUIREMENTS THAT 'MERIT' A PAY INCREASE.

There are several issues that policy makers must consider:

1. Discrimination - discrimination and preferential treatment of one class of government employees over another - Bill 31 (EC}, if passed and implemented becomes a statute that discriminates. I urge policymakers to see this bill for what it is and not for the number of votes they stand to gain from 'Doc' Sanchez employees who may also be voters.

2. Regardless of how one obtains an education, the incentive should be the education itself and not the 'MONETARY REWARDS" ... ! guess in an ideal world one seeks education as a reward in and of itself, unfortunately, our policy makers are the BIGGEST PART OF THE PROBLEM BY PASSING LEGISLATION THAT ENTRENCHES IN THE MINDS OF GOVERNMENT EMPLOYEES (and possibly the public in general) the false notion of ENTITLEMENT(S). Guam is in the situation it is because policy makers lack the REAL WISDOM AND POLITICAL WILL TO DO WHAT IS RIGHT AND JUST, AND GOOD FOR ALL OF GUAM, RATHER THAN FOR THE SELFISH NEEDS OF A FEW, AND FOR ONE'S OWN SPECIAL INTEREST.

3. Policymakers should review the Government's merit system and build on that or enhance it for all government workers. Do not be mistaken, I am not stating that ALL government employees should be given a merit increase. What I am saying is that there must be a system in place to reward Government employees a merit increase if the employee is so deserving (based on the criteria and requirements established by a merit-pay increase system that is FAIR, EQUAL, AND JUST).

4. As an example, the government can institute a merit pay increase conditioned upon the employee passing a skills or performance evaluation. In this respect, processes and systems must also be put into place for checks and balances to ensure and or prevent the occurrence of the "pare performance evaluation". That is to say that one employee is not favored over another because he or she is related to the evaluator. Merit pay increases warrants greater detailed review and evaluation of regulations, processes and the system as a whole. Having in place a system that is fair will only increase government moral, as employees will know that they have received increases and evaluations based on their own merit and not because of someone else's special interest.

5. Policy makers should remove the administrative leave provisions of the 'Doc" Sanchez scholarship programs. Government employees already receive money for tuition, books and fees, not to mention job security. Furthermore, government employees earn annual leave, thus, annual leave should be used to attend. Annual leave and sick leave is not a government employee entitlement, it is a privilege, a benefit for employees. The government cannot afford to continue to give these privileges and benefits away any longer. This must also hold true for other government of Guam scholarship recipients.

2


Policymakers should consider providing only for tuition, books and fees. Continue to encourage our government workers to obtain an education, but it must be understood that this is NOT GOVERNMENT ENTITLEMENT!

Bill 31 (EC) is a bad bill, an unjust bill, it gives preferential treatment to a special group of people hence, it stands to reason it is a SPECIAL INTEREST BILL AND A BILL THAT DISCRIMINATES.

Bill 31 (EC) will perpetuate the vicious cycle of enabling, dependency, breed a misguided culture and misperception that the Government of Guam owes these privileges and benefits as a right and or an entitlement - these are privileges and benefits NOT entitlements or rights. The Government of Guam owes all citizens of Guam fair, equal and just treatment; the Government of Guam owes all citizens of Guam the protection of resources and enforcement of laws that are just.

Should Bill 31 (EC) pass, the message the Government of Guam sends, more importantly the message POLICYMAKERS send to those of us who have worked hard on our own to make this place we call our home a better place to live, who are also "in it for the long haul" even if we do not work for the Government of Guam, then clearly policymakers and the Government of Guam support a community and a world that discriminates and perpetuates injustice.

Guam is my home and I want to contribute to its positive growth, moreover, I want to live in a community in which lawmakers are conscientious and wise in the policies they create. I will stand for what I believe is not right and is an injustice to our community, and though I may stand alone on this issue, I will stand firm and committed to make it known that it is an unjust bill. I also offer that I will engage in productive and constructive discussion to find fair, equitable and just resolution(s).

~~~-Alice Taijer:l<--'(

Attachment

3


Alice Taijeron

Public Hearing on Bill 238 (EC) Thursday, February 9, 2006, 1:30PM, Guam Legislature

Statement in Opposition to

Bill 238 (EC) - AN ACT TO AMEND SUBSECTION (e), OF §15906, ARTICLE 9, CHAPTER 15, TITLE 17 GUAM CODE ANNOTATED, RELATIVE TO REINSTATING THE ONESTEP MERIT PAY INCREASE FOR GRADUATES OF THE PEDRO 'DOC' SANCHEZ

SCHOLARSHIP PROGRAM

Good afternoon Honorable Chairman Klitzkie and members of the Committee on Judiciary,

Governmental Operations and Reorganization, and members of I Mina' Bento Ocha Na

Liheslaturan Guahan.

Thank you for the opportunity to provide testimony on this important bill.

My name is Alice Taijeron and I am here to testify in opposition to Bill 238 (EC) -An Act. ..

relative to reinstating the one-step merit pay increase for graduates of the Pedro 'Doc' Sanchez

Scholarship Program.

From the onset, I would like to state that I do not oppose the Pedro 'Doc' Sanchez Scholarship

Program, nor do I wish for my statement to be misunderstood as an affront on the participants of

this important government program. What I do oppose is Bill 238's apparent preferential

treatment for one special interest group of government employees, tantamount to an act of

government discrimination.

Should Bill 238 be enacted, where will the money come from? Or is this another paper promise

giving false hope to many. While it may appear that Guam's economic conditions continue to

improve (as written in the intent of the bill), it may better serve the community that our leaders

appropriate available funds to under budgeted critical agencies such as the Guam Police

Department and the Guam Fire Department for equipment, or special counseling services for

4


officers having anger management issues, marital or domestic problems, or whatever is needed at

these agencies to better serve the community.

Should Bill 238 be enacted, a very expensive precedence will be established - but then again that

isn't anything new to the government of Guam. In addition to the intended special interest

group, that is, the Pedro 'Doc' Sanchez Scholarship recipients receiving a merit increase, other

special interest government employee groups will inevitably lobby for the same special

treatment. So why stop at just the Pedro 'Doc' Sanchez Scholarship recipients, what about the

Antonio Yamashita Teacher Corp Program recipients, or the Pro-tech Scholarship recipients, or

the Merit Scholars, or the recipients of every other government scholarship program - are these

recipients less worthy of such a pay increase? Do these recipients perform less because they are

not 'Doc' Sanchez Scholarship recipients? I say not, thus, each and every government employee

regardless of educational level or how one received their education, should be treated equally

and afforded the same privilege to earn a merit pay increase.

Should Bill 238 be enacted, it sends the wrong message to government of Guam employees who

are working, or have worked toward their degrees on their own time and on their own dime.

Because I do not belong to the class of individuals who graduated from the Doc Sanchez

scholarship program, am I to understand that I am not deserving of a merit pay increase ... that

my degree is less important and is of no real significance, and the hard work I put into obtaining

this degree and the many sacrifices made was for naught. . .I say to you today, that should this bill

pass, then this is exactly the message that the government of Guam sends to those of us who

have worked hard on our own, and contribute to make our home a better place to live ... To a

great degree Bill 238 is discouraging as there is the appearance that one's hard work and effort is

fruitless, unless one is a recipient of the 'Doc' Sanchez Scholarship.

Moreover, why are Pedro 'Doc' Sanchez Scholarship recipients being given merit pay increases

when they earned their degree at cost to the government? What should occur is that these

scholarship recipients be required to pay back the government ten fold for having been afforded

government time and government resources to acquire an education that becomes their own.

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Instead of rewarding one special interest group a merit pay increase, I encourage the good author

and members of this legislative body to review the bill and provide the same treatment for all

government employees. If the body decides that education is a critical factor in determining ones

eligibility for a merit increase, then make the determination based on the amount of education

received and afford each employee equal treatment. For example, assign merit points for the

degree level attained, say on a point scale of 1 thru 10, an individual will receive a certain

amount of points for an associates degree, and then a greater amount of points for a bachelor's

degree and so forth. Considerations should also be made for special courses taken or a trade

degree, or one can even assign points per semester or quarter hour earned in a given period of

time. Whatever the system, it should be fair, equitable and afforded to all government

employees not just a select few or a special interest group.

A merit system is a system used by territorial, state and federal governments for hiring and

promoting government employees on the basis of competence (61h edition of Black's Law

Dictionary), and on Guam there exists just such a system implemented to ensure the government

is able to attract and retain educated, qualified, and well trained government employees - ideally.

In recognition for a job well done and having met established perf<?rmance standards,

government employees are eligible for merit pay increases through this merit system. A merit

increase is not something that is, or should be freely given, but rather earned, moreover, a merit

increase should never be a reward in any way shape or form for any one specific group of

individuals. Much like the Pedro 'Doc' Sanchez Scholarship Program, a merit pay increase is

not an entitlement, neither is it a benefit, it is in fact a privilege and something that one must

work toward attaining through noteworthy performance.

All hardworking government employees are deserving of a merit increase, be fair and equitable,

do not pass Bill 238.

6

MARK A. DUARTE, MPA 184 East San Antonio I Dededo, Guam I (671) 482-7369

March 8, 2007

The Honorable Frank T. Ishizaki Senator & Majority Whip 29th Guam Legislature Chairman, Committee on Calendar, General Governmental Operations, and Reorganization

RE: Testimony on Bill No. 31 (A. Palacios) Relative To Reinstating The One-Step Mmt Pqy Increase For Gradt1ates OJThe Pedro 'Doc' Sanchez Scholarship Program, Through Amending Subsection (e), Of §15906, Article 9, Chapter 15, Title 17, Guam Code Annotated

Hafa Adai! I am hereby submitting written testimony opposing Bill 31 as introduced. First, let me say that I am not opposed to the Doc Sanchez Scholarship program; I think it's very helpful in ensuring that our public sector employees are given the necessary tools and education to function in our gradually complex government. My objection to this bill goes to fairness.

What this bill is trying to accomplish is to establish a special class of government of Guam employees. Employees that have had the benefit of a virtually free education, and now, should this bill be passed, a one step merit pay increase. A similarly situated government of Guam employee, who obtained identical education credentials without the benefit of the Doc Sanchez scholarship, is not eligible for the one step merit pay. This situation strikes me as being unfair and not the best use of my tax dollars. Either give all of these government of Guam employees a similar one step merit pay increase, or not at all.

I am a graduate of the University of Guam with a BA in Political Science and a Master of Public Administration degree. It was important to me to have obtained these degrees because I felt that would benefit my potential employers and would increase my marketability as a potential employee. So far, I have found this to be the case. Do not deter others, like me, from obtaining a degree with morale depleting legislation like Bill 31.

Thank you for allowing me to submit testimony on this bill.

Sincerely,

Mark A. Duarte, MP A

Yahoo! Mail - [email protected] http ://us. f35 6. mail.yahoo .com/ym/Sho w Letter'7bo x =In box& Ms gld= l

2 of 2

name = Rosario U. Perez email = [email protected] phone = 475-1668 comments = Dear Senator Ishizaki,

I am writing to provide comments on a bill recently heard by your Committee, namely Bill 31 authored by Senator A. Palacios. Although the intentions of this bill is well thought of and highly received by Doc Sanchez recipients, I am writing to oppose its passage. In all fairness throughout the entire government of Guam, I seek your assistance in allowing all government of Guam employees to compete in the merit program. I admire the government of Guam employees who have or are still going the scholarship program for seeking assistance within the Doc Sanchez. However, I feel that any meritorious step increase should be afforded and accommodated to all government of Guam employees who try to seek other avenues to better educate or train themselves with skills necessary and applicable to their jobs. I myself have gone and will still seek ways to educate myself through programs offered within government of Guam and other trainings allowed by our grantor. I don't think it is!

fa{r, especially in our financial state as it is to pass this bill which would only increase pay for a selected few who have already benefitted through the financial assistance of getting their degrees. In all honesty, some of these recipients have not even been required to pay back in their service time to the government of Guam. I think it will be fair to hold off on these merit pay increases as that is one of the reasons why they did away with the program in 1998 as I so learned; because of austerity reasons within our government. Why is it that we are now re-introducing this at a very critical time. Yes, we all want to entice and keep government of Guam employees, but lets face it. If they don't think they can contribute back to the government after benefiting and getting their degrees, then why are we going to forget about the few who stick around and try to improve themselves with the inexpensive training being offered within our government and still want to con! tribute to it. Like Dr. Gutherz suggested, why don't we have these Do

c Sanchez graduates step up and offer their expertise in getting our government out of the financial crisis we are facing, instead of trying to get us into a deeper hole with wage increases for a selected few. There might be better candidates out there, the unsung heroes who want to contribute but are not allowed to do so because of their low salary. Please, please do not pass this bill at this moment. Let us get through our financial crisis first then we can start distributing unnessary funds to the selected few.

May I suggest that if you do pass this bill, then can you please also look at giving out meritorious increases to other government of Guam employees who have sought other ways of better educating themselves and contributing to the betterment of their agency, service to the community etc. I think we should be fair across the board.

Sincerely and respectfully, Rosario Perez REMOTE HOST: 67.98.163.2

3/9/2007 3:21 p

Bill 31 Testimony

Buenas yan Hafa Adai Senators,

My name is Joey C. San Nicolas, a Government of Guam employee and recipient of the

Pedro "Doc" Sanchez Scholarship Program. I am submitting this testimony in favor of

Bill 31 which seeks to reinstate the one-step merit increase for graduates of the program.

As a graduate of the University of Guam since May 2006, I can speak first hand of the

experience I endured as a recipient of the great program. Unlike those outside of the

program, we had to maintain a full-time student status while also maintaining our full

time status as a Government of Guam employee. Although many may view this program

as a "free" education, it is far from that. For every one year of education, we are required

to return two years of Government of Guam Service. So while others can take their

degree outside and see the immediate effects of a higher education, we have to remain in

the Government of Guam, and in my particular case, not see any rewards that should be

expected when one is considered as "educated".

Bill 31 is a form of reward that can alleviate this inequity and provide that deserved

consideration where the ends justify the means. For example, at some Government of

Guam Agencies, a degree can greatly increase your compensation by being qualified to

fill higher positions. However in most line agencies, such as GFD, GPD and DOC,

where a majority of your recipients are, no such opportunity exists. This causes many to

consider leaving GovGuam Service and seek higher pay elsewhere.

Senators, the passing of Bill 31 will help to retain and utilize these educated graduates

and provide that necessary pool of knowledgeable individuals to increase the productivity

of our Government of Guam and ultimately, our service to our island.

Should you have any questions, please contact me at 688-6533.

Saina Ma'ase,

Joey C. San Nicolas

SENATOR FRANK T. ISHIZAKI I Mina 'Bente Nuebi Na Liheslaturan Gudhan



To make certain that this public hearing is in compliance with all Open Government Laws,

and for the purpose of the record, please note that Notices for today's Public Hearing was

disseminated to the media on Thursday, 1'1arch 1, 2007 and was posted on Senator Ishizaki

Online (www.frankishizaki.com) and the Guam Legislature's Website

(www.guamlegislature.com) on Friday, March 2, 2007. Notice was also announced through

KUAM and their informational website on Sunday, March 4, 2007. Notice was also posted

in the Pacific Daily News Government Meetings Section on Monday, March 5, 2007.

155 Hesler Street, Hagatiia, Guam 96910 Tel: 475-384112 ·Fax: 475-3844 · [email protected]

www. frankish i::aki. com

WorkCentre 7132 Broadcast G3 ID

Report Date/Time:02/27/2007;05:24PM

Page: 1

Local Name Logo

SENATOR !SHIZAKI

No. Doc. Remote Station

0725 PDN 2 0726 MARIANAS VARIETY 3 0725 PACIFIC NEWS CNTR 4 0725 K57 5 0725 KVAM e 0725 6714778411 7 0725 649SS83 8 0725 671 472 7863

Document Size 8. 5X11"SEF

SENATOR FRANK T. ISHIZA.KI I Mina 'Bente Nuebi Na Ltheslaturan Gudhan

CHAIRMAN COMMITTEt: ON CA!.DfOM

CoMMITTJE 0"-1 GENER>J.... GOV'EftHMOITJ&t.. Of'tR.l\TION$ A>m REOJitG~'nON

PUBLIC HEARING NOTICE IY<!Wzhy. Mmlr 7, 10!)7

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Tho followiaJ: Ml.a ud ·~• Wfll bt hurd:

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Writttn testimony c.an be .sal>mi.tted. via e-nWI to u1uuf2:(mkl!hfyklnm.. For IJ>A utht.aat«t plc11n contact Sc.aror IshluJd".s Oflke: at475-3141.

Start

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G3 BC ECM SC SG3 BC SG3 BC SG3 BC SG3 BC

Status

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WorkCentre 7132 Br-oadcast Report G3 ID

Loe a f Name Logo

SENATOR ISHIZAKI

G . .

a.. ...... ~{MOllG~

GovtrMIMal 0.fH!MllaMllNi ~J'8'11'l#f/M

No. Doc. Remote S"tation Star-i:

0763 Sen. Won pat 2-2s; 2 0763 Sen. Unpinco

3 0763 Sen. renorio

4 0763 Sen. Shfmizu

s 0763 Sen. Respicio

6 0763 Sen. Lujan

7 0763 Sen. Tina Barnes

8 0763 Sen. Palacios

Da,e/T;me:02/28/2007;02:43PM Page: 1

Document Size 8. 5X11'"'SEF

SENATOR FRANK T. ISHIZAKI I Mina 'Bente Nuebi Na Liheslaturan Gutl11an

JSJHokr~Ht1~CilM'llll9d9JO Td:47s.Jl.fJ.fJ • Fc:4'1~J8'~ • ~

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27 Fd>ru.,,. 2007

Kah A.W. S<nolOl>I l'kue be adviled !hot !ho Commlneo on Oenti:al ClOYCm!n<llUl Op<ntl°"" ud ~on will be bolding t public h<oJiog on Wedaesdty, Mlldl 07, 2007 M 1:30 p.m. attheLcalslarure:'iP'c.iblicH=ri:ng.R.oomon.tbefol~&bill$:10d~

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lllfl No 31 (EQ Rclttlve To~ Tht One.Step Merit Pay lncn:aJa For G:ra4tWes OtThc PodrQ 'Doo' S>nche< Schol..-.hlp ri_.,, Th1ou.oh Amendtog Subso<tiOn (e). OfilS906,Mlc!e P,Chlp<cr rs, Title 11."""'CodeAl>lumttd.

Biil /19.101¥0 ·Ao kt To Am...J """1e l Of O>ap1c.-32 Of1111c 17 OfTbe Guam Code Anll<>W<d Relt<i\'O To Tho flu<o Officet SW.WU. Md Tnlohlg C.mm!ss!oo ("PM"); To A>oeod s.ss or Anlcl. l OF Cb>p«t 5 OP Titk 8 Of The Gutm Code Aoooutod; To Am=! S«t!oos 32201 And mo1.1 or Ankle i Of C1iapter 32 or nllo 11 or The °""" Code ""°"""od; To Amc:od Section 'lOl.l 0( Ankle 2 Of Chapt<r 4 Or Title 4 or Ouam Code AMotatod; To Amend Sub<eedoN nl14(•X>l Ai>d 77114(•X<I) Of Cbopcet n orThle 10 or ThcOuam Coclc AMo!tled; To Ammd Sealom 1112.2 Of AJ'!fclo I O!Chlpttr l Md 10111.2 or Cbap<or 10 orr.11o 12 or n. o...m Code "'"""l!Cd: .....i To Ameod Sc<troo 77lll6 or Anlcle 2 Of Cbapcer77 or Thie 21 Of The Quam Code Anoo<al<d.

mu No 51 fEQ - AIJ. .c:'l: to coosttuct a Guam Nttiooal Musitm1 ~ us:ist in fiuUcrh:ig the pn:>crvalloo and pr=otatioo of 01'lm's ..i.,,,.. beri- and biotory by ...uln1< 1be Gu4,..,, HeriuG• Pte>li<les B"'1d, !ho Gudlu.• llai1>ge Fteili<iC$ Hotd lloom S111<lw;o. and lhe GW!= HetiJai:<FWl!tlcs F...t byoddiJt&a...., Sllbitorn (y) !e i8711M ofChap«r87,DMsioo 8, Tule5 Cluam Code -od; tddin1 a - ChcplCf U to DiviJion 8, TJt!e $ Guam Code Aon-.d: andlddlngancw~29toThl• ll GuODlCod<Anootaled.

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Time Durai-ton Pages Mode Contents

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Status

CP CP CP CP CP CP CP CP

WorkCentre 7132 Broadcast Report G3 ID

LOC<!i I Name

Logo SENATOR ISHIZAKI

No. Doc. Remote STaT i ori Start

9 0763 Sen. Pange Ii nan 10 0763 Sen. Gu'the,.--'tz

1 1 0763 Spe.aker Forbes 12 0763 Sen. Espaldori.

13 0763 Sen tor FrankBLAS 14 0763 Sen. Calvo

No e: RE Resend MB: send 1:0 M.a i I box PG Po I Ii ng RB: Re l4i!ly Sro2!idc211st' SA Send Again EN: E:ngaged

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2: 36PM 18s 2:37PM 21s 2:38PM 23s 2:38PM 17g 2:40PM 18s 2:42PM Os

BC: BroadcasT RS: Relay Send AS: Au'to Send

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Mu 11: i Pol Ii ng RV: Remote Service Bo>< Fax Forward CP: Completed Termina'ted

MINA'BENTE NUEBI NA LIHESLATURAN GUAHAN TWENTY-NINTH GUAM LEGISLATURE

2007 (FIRST) Regular Session

Bill No. ti ~<:.) Introduced by: A. B. Palacios, Sr./})

RELATIVE TO REINSTATING THE ONE-STEP MERIT PAY INCREASE FOR GRADUATES OF THE PEDRO 'DOC' SANCHEZ SCHOLARSHIP PROGRAM, THROUGH AMENDING SUBSECTION (e), OF §15906, ARTICLE 9, CHAPTER 15, TITLE 17, GUAM CODE ANNOTATED,

BE IT ENACTED BY THE PEOPLE OF GUAM:

1 Section 1. Legislative Findings and Intent.

2 I Liheslaturan Guilhan finds that the economic condition of Guam is

3 exhibiting some signs of improvement and increased business activity. This

4 positive economic trend should enable the government of Guam to restore

5 educational incentives which were created to encourage public employees to

6 pursue higher education and training that will enhance their service and

7 contribution in the public sector. A particular incentive that was initially

8 discontinued in 1998 as a result of austerity measures implemented

9 government-wide at the time was the merit pay increase for graduates of the

10 Pedro "Doc" Sanchez Scholarship Program.

11 This incentjye benefit is the one-step merit pay adjustment for

12 government of Guam employees who graduate under the Pedro 'Doc'

13 Sanchez Scholarship Program. Graduates of the program receive a degree in

1 Public or Business Administration, with an assurance that the participating

2 employee possesses the knowledge and skills to be effective and responsible

3 public servants, thus deserving of a one-step merit pay increase. The goal of

4 the Pedro "Doc" Sanchez Scholarship Program is to establish a workforce of

5 well-educated and trained public administrators who will, upon completion

6 of their degree, remain employed with the government of Guam and further

7 apply their knowledge and expertise in their respective agencies. The net

8 effect of this program would be a skilled and educated workforce that will

9 provide more efficient and effective government services to the people of

10 Guam.

11 Therefore, it is the intent of I Liheslaturan Guahan to recognize the

12 importance of insuring that the government of Guam continues to encourage

13 its employees, in particular the supervisors and administrators, to pursue

14 increased educational training opportunities through the Pedro "Doc"

15 Sanchez Scholarship program. In return, an incentive would be applied to the

16 compensation of the employee through the restoration of a one-step merit pay

17 increase.

18 Section 2. Subsection (e) of §15906, Article 9, Chapter 15, Title 17,

19 Guam Code Annotated, is hereby amended to read:

20 "(e) Upon the effective date of this act, the grantee will no longer be

21 eligible for a mandatory pay merit increase upon graduation. The grantees

22 entered into the programL prior to the enactment of this act, and as evidenced

23 with the awarding of an undergraduate or graduate degree in Public

2

I Administration or Business Administration by the University of Guam, shall

2 be entitled to will receive a one-step merit pay raise from the department,

3 agency, office, autonomous or semi-autonomous instrumentality of the

4 government of Guam or the Judiciary in which he or she is employed effective

5 FY2008 on the pay period immediately following official certification by the

6 University of Guam that the grantee has completed all degree requirements.

7 Government Employees who were enrolled in the Pedro "Doc" Sanchez

8 Scholarship Program and graduated with a degree between the enactment of

9 Public Law 23-111 and the enactment of this Section who would otherwise

Io have received the one-step merit pay raise, shall be entitled to the same

11 incentive benefit, provided that the employee is an active employee at the

12 enactment of this Section and the merit pay increase shall not be retroactive."

3

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