7.0211 Probationary period.

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(a) Employees appointed without time limitation in the career service shall serve a probationary period of 1 calendar year from the effective date of such appointment during which period their service may be terminated at any time without a hearing as provided under section 7.0803.

(b) The purpose of the probationary period is to provide an opportunity for the employee to demonstrate whether or not his retention as part of the permanent work force is in the best interests of the government.

(c) When considered appropriate, separation during the probationary period shall be recommended in writing to the Director of Manpower Resources by department heads or other authorized operating officials, giving the reason or reasons for such recommendation.

(d) If the recommendation is followed, the Director of Manpower Resources shall furnish the employee concerned with a written notice advising him that he will be separated on a particular date, and stating the reason or reasons therefor and that he has no hearing rights.

(e) In the case of all probationers, the Director of Manpower Resources shall, 2 months prior to the expiration of the probationary period, request from the appropriate department head or other operating official, a recommendation as to whether the employee should be retained beyond the expiration of his probationary period. Such recommendations shall be in writing. In the event retention is not recommended, the separation notification procedure described in subsection (d) shall be followed.

History: 1962, PL 7-22; 1967, PL 10-30; 1971, PL 12-27 § 7; amd 1973, PL 13-6.

Amendments: 1973 Subsection (f): deleted.

Case Notes:

Subsection (b) gives executive broadest possible discretion in terminating probationary employees. Government worker with no contractual or statutory right to continued employment may be fired for any reason or no reason at all, except where reason itself constitutes a violation of applicable constitutional rights. 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).

Judiciary must not substitute its own judgment for that of executive branch on what is in “the best interest of the government.” A.S.C.A. § 7.0211. Banks v. American Samoa Government, 4 A.S.R.2d 113 (1987).