7.0802 Suspension.

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(a) Any employee in the career service serving under an appointment without time limitation, regardless of whether he has completed his probationary period, may be suspended without pay as a disciplinary measure for a period not to exceed 30 calendar days.

(b) When considered appropriate, such action shall be recommended in writing to the Director of Manpower Resources by department heads or other authorized operating officials, who shall supply the Director with evidence in support of the recommended action.

(c) If the recommendation is followed, the Director of Manpower Resources shall in writing notify the employee concerned regarding the specific dates of the suspension period, the reasons therefor, the corrective action to be taken by the employee and the consequences which will follow if there is a continuance or repetition of the cause for the suspension.

History: 1962, PL 7-22; 1967, PL 10-30.

Case Notes:

Inherent, executive authority exists to suspend an employee before his removal is effective under circumstances which would make continued performance of regular duties detrimental to the territorial government’s interests; however, this action may not be arbitrary or capricious. A.S.C.A. § 7.0802; A.S.A.C. §§ 4.0801, 4.0802(e). Sala v. American Samoa Gov’t, 21 A.S.R.2d 14 (1992).