7.0205 Qualifications.

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(a) Applicants to the career service shall be required to take preemployment physical examinations.

(b) Any person entering the career service shall be a resident of American Samoa and either an American Samoan or an American national at the time he enters the service. If no resident can be found who meets the minimum qualifications for employment established for a particular class of work, nonresidents may be employed.

(c) Except as provided in subsection (d) or elsewhere in this chapter, all persons entering the career service shall meet the minimum requirements for employment established for the class of work for which they apply.

(d) In determining the qualifications of a preference eligible, as defined in section 7.0202, for examination for, appointment in or reinstatement in the career service, the Director of Manpower Resources shall waive:

(1) requirements as to age, height and weight unless the requirement is essential to the performance of the duties of the position; and

(2) physical requirements if, in the opinion of the Director of Manpower Resources, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position.

(e) The government shall not hire nor continue to employ anyone convicted of a crime involving stealing, embezzlement, or misappropriation of property, which is classified as a felony in American Samoa and or any other country.

History: 1962, PL 7-22; 1967, PL 10-30; 1970, PL 11-98; 1971, PL 12-27 § 2; amd 1976, PL 14-26; amd 1998, PL 25-38 § 1.

Amendments: 1976 Subsection (e): added.

Case Notes:

Section is essentially a preference for permanent residents rather than for ethnic Samoans and does not breach any constitutionally applicable standards of equal protection. Banks v .A.S.G., 4 A.S.R.2d 113(1987).

ASG regulations which set out those situations in which non-competitive procedures are applicable do not supersede the mandatory statutory requirement relating to the utilization of an applicant supply-file system for the hiring and promotion of government employees. A.S.C.A. §§ 7.0204(b), 7.0205(b), 7.0206; A.S.A.C. § 4.0303(b). Leiato v. Personnel Advisory Board, 21 A.S.R.2d 25 (1992).