Officer members at the Guam Customs and Quarantine submitted a written testimony to Senator Telena Nelson regarding concerns with the P.O.S.T. Commission AFI PFQT (Physical Fitness Qualification Test) Requirements set in Public Law 32-232 which will affect the employment status of our Law Enforcement Officers. While the officers agree that physical fitness and a healthy lifestyle is great, the increased duties and job requirements for Law Enforcement Agencies and the lack of equipment and personnel to meet those demands prevent officers from obtaining an ideal change. Officers expressed in the testimony that PL 33-232 in its current form will endanger the people of Guam. The Officers ultimately ask that they have a voice in the decision-making process as there was no representation from the non-management level. The inclusion of rank and file officers from the various Law Enforcement Agencies as voting members in the P.O.S.T Commission would establish and maintain fairness and equity across the board and provide a means to track service related ailments and injuries in comparison to the Military standards.
The following are a few points, questions and concerns brought up in the testimony:
• Under the PL 32-232 and the POST Commission’s PFQT, as testified by all Agency and Department leaders, except for Marshals, will lose a large part of their work force Law Enforcement Officers and in turn create a domino effect that will be put on the backs of the few that pass this military standard. The other effect is the criminal element that want this to happen and the potential loss of those with the expertise in these different facets of law enforcement that will be irreplaceable.
• If the AFI standard or any other standard used in the PFQT is imposed on the current Law Enforcement community as a condition of employment, will there be compensatory provisions incorporated? Is there a potential that the law illustrates an Unconstitutional or In-organic position with regards to the Fair Labor Standards Act or the American with Disabilities Act and have these issues been addressed?
• PL 32-232 and the PFQT may be in conflict with the fact that the US Federal Government and the US Labor Laws, the US Department of Labor , the US Equal Employment Opportunity Commission, and the US Fair Labor Standards Act has oversight in all commercial, private business, State and Federal Government employment practices governed under the United States of America for equitable employment without threat of discrimination or any unconstitutional law, regulation, policy or practice as a condition of employment.
• The practice of the Grandfather clause for certain laws passed by the Guam Legislature have been afforded in the past and recommended for this situation.