The Latest News: Governor Issues Two New Executive Orders; DPHSS Updates

On April 5, the Governor of Guam issued two new Executive Orders: Executive Order No. 2020-08 relative to establishing COVID-19 response deferential pay and Executive Order No. 2020-09 relative to additional social isolation measures.

Executive Order No. 2020-08

This Order directs the Director of the Department of Administration, or the equivalent of in the case of autonomous and semi-autonomous agencies, to implement a COVID-19 Response differential pay policy for employees working in support of the public health emergency and in areas necessary for the elimination or reduction of immediate threats to life, public health, or safety, whose work could expose them to the corona virus. The policies must include:

CATEGORY 1. Twenty-five percent (25%) pay differential to essential employees in the course of their duties are in direct contact or in close physical proximity to a population infected with or may be reasonably suspected to be infected with COVID- 19. Such positions may include, but not limited to sworn public safety/aw enforcement, health care providers and other positions performing essential critical mission duties; or

CATEGORY 2. Fifteen percent (15%) pay differential to essential employees in the course of their duties may incidentally come into contact with or close physical proximity to a population infected with or may be reasonably suspected to be infected with COVID-19. These employees may also be providing humanitarian services or direct public assistance to the general public; or

CATEGORY 3. Ten percent (10%) pay differential to essential employees whose positions do not allow them to telework and are mandated to perform their job duties at physical worksites pre-determined by their agency heads, required by the Government's response to the COVID-19 pandemic.

Unclassified employees working in the Office of the Governor and the Office of the Lieutenant Governor, agency directors and deputy directors are excluded from this differential pay policy except for instances where assigned duties require an exposure level risk defined in categories 1 or 2. These policies must also include procedures to minimize the risk of further spreading COVID-19. The Director of the Department of Administration or the equivalent of, in the case of autonomous and semi-autonomous agencies, must determine which employees are essential and must report as directed.

Executive Order No. 2020-09

This Order extends the social isolation mandates established by previous Executive Orders by:

  • Extending the public health emergency and all provisions set forth in previous Executive Orders for 30 days, until May 5, 2020.

  • Prohibiting social gatherings of any type, whether public or private, until May 5, 2020. This does not apply to gatherings of individuals from within a single household or immediate family unit.

  • Prohibiting consumption of alcohol in any public premises until May 5, 2020.

  • Ordering all essential businesses and government agencies to require their employees and patrons to wear face masks while on their premises. Any businesses permitted to continue operations under previous Executive Orders must limit their activities to those deemed essential. Businesses that regularly conduct operations that are both essential and non-essential are instructed to limit their activities to only those that are essential as authorized in Executive Order 2020-05 and applicable guidance issued by the DPHSS. Each and every sale of a non-essential item may be deemed a violation by the business.

  • Imposing fines for refusal to comply with the provisions set forth in the Executive Orders and termination of businesses licenses in the case of businesses.

DPHSS Statistics

The Department of Public Health and Social Services (DPHSS) tested 38 individuals for COVID-19 on Sunday, April 5, 2020 with conclusive results. Seventeen (17) tested positive through DPHSS and 21 tested negative. An additional two cases of COVID-19 have been clinically diagnosed. While these cases have tested negative, they have imaging findings consistent with COVID-19, display typical COVID-19 symptoms, have epidemiological links to previously confirmed cases, and are being treated as COVID-19 cases. The DPHSS overall count also includes nine positive cases that were tested by the Naval Health Research Center (NHRC) in San Diego. To date, a total of 110 cases tested positive and two were clinically diagnosed with 23 recoveries and four deaths. All 85 remaining cases are in isolation. 

For the latest information on the number of COVID-19 cases on Guam, visit the Guam Homeland Security’s website here.

It is important to note that the situation can change quickly. Calvo Fisher & Jacob’s experienced lawyers are closely monitoring the global threat of COVID-19 in order to provide up-to-date information on this rapidly developing topic.

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