AG: Suba can return to classified position

by Mindy Aguon

Guam - Former police chief Paul Suba can return to his previously classified position, even though the law was changed last year requiring police captains to hold a bachelor's degree.  An attorney general opinion issued to the Department of Administration today states that because Suba never left government service even though he publicly stated he was going to retire, the paperwork was never processed and he remained in government service. 

The opinion states, "If Mr. Suba were today seeking elevation for the first time to the rank of Police Captain, under the current state of Guam Law, he would not qualify for that position."  Because 5GCA section 3104 states "Notwithstanding any other provision of law, a police officer appointed to the position of police chief...shall be reinstated to the position he held immediately prior to such appointment...upon termination of his employment, if not removed for cause."

Acting Governor Mike Cruz said he would have terminated Suba if he didn't retire, but the former top brass instead reneged on his word and took annual and administrative leave until receiving word of his reinstatement.  The GG1 to stop Suba's employment with the government as chief is still sitting at DOA that is also expected to signoff on the GG1 to reinstate him to a police captain now that the opinion was rendered.