7.0102 Powers and duties.

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(a) The primary duties and responsibilities of the Personnel Advisory Board shall be:

(1) to investigate and make recommendations for improvements to the Governor with regards to the manpower resources requirements, needs and development of the American Samoa Government, and in carrying out such investigations, the Board shall have full power to subpoena and compel the testimony of witnesses;

(2) to develop programs designed to improve effectiveness of government employees’ performance and discharge of their duties and responsibilities; and

(3) to investigate personnel problems in the government and report to the Governor their findings and recommendations, if any, with respect to such investigation.

(b) The Board shall perform such other duties as are from time to time assigned to it by the Governor.

(c) The Board shall have the power to make such rules as are necessary for the orderly hearing of matters before it.

(d) The Board shall from time to time review rules and regulations promulgated in accordance with this chapter and 4.0335, 7.0110 et seq.

History: 1962, PL 7-22; amd 1998, PL 25-37 § 1.

Case Notes:

Board has no authority under this section to order the hiring or firing of any employee: it is only advisory in nature. Banks v. A.S.G., 4 A.S.R.2d 113 (1987).

Where evidence indicated that decision to terminate probationary employee was made by appropriate executive official with Governor’s approval rather than by advisory board, court would not question the decision. A.S.C.A. §§ 7.0102, 7.0206, 7.0211. Banks v. American Samoa Government, 4 A.S.R.2d 113 (1987).