Chapter 28 - Termination, Layoff and Adverse Actions
| 4.0101 Applicability-Position categories. This title applies to all career service posi… |
| 4.0102 Administration. The director is responsible to the Governor f… |
| 4.0103 Agency head responsibilities-Delegation. (a) Personnel administration is a line functi… |
| 4.0104 Investigative authority. The director may make investigations as neces… |
| 4.0105 Enforcement authority. Whenever the director finds that any person h… |
| 4.0106 Discrimination prohibited. There shall be no discrimination in employmen… |
| 4.0107 Gender. Words used in the masculine gender in this ti… |
| 4.0201 Applicability of Definitions. The definitions set out in this chapter apply… |
| 4.0202 Abandonment of position. “Abandonment of position” means failure of an… |
| 4.0203 Accrued leave. “Accrued leave” means leave earned by an empl… |
| 4.0204 Accumulated leave. “Accumulated leave” means unused leave remain… |
| 4.0205 Acting appointment. “Acting appointment” means a temporary appoin… |
| 4.0206 Administration. “Administration” means that activity of manag… |
| 4.0207 Administrative authority. Administrative authority, applicable only to… |
| 4.0209 Agency. “Agency” means an office, department, or othe… |
| 4.0210 Annual leave. “Annual leave” means authorized absence from… |
| 4.02100 Permanent employee. “Appeal” means response by an individual to a… |
| 4.02101 Personnel management. “Appointing authority” means the person lawfu… |
| 4.02102 Position. “Apprenticeship” means a comprehensive progra… |
| 4.02103 Position description. “Areas of training” is a term used to include… |
| 4.02104 Post-training. “ASG” means American Samoa Government, as doe… |
| 4.02105 Preassignment training. “Assembled examination” means an examination… |
| 4.02106 Preemployment training. “Basic salary rate” means the dollar amount o… |
| 4.02107 Preference eligible. “Basic training”, as part of induction, means… |
| 4.02108 Premium payment. “Board” means the pennel advisory board, whic… |
| 4.02109 Probationary period. “Bumping” means the replacement of an incumbe… |
| 4.0211 Appeal. “Career service” means that system of personn… |
| 4.02110 Program. “Certificate of eligibles” means the official… |
| 4.02111 Promotion. “Certification” means the process by which th… |
| 4.02112 Public administration. “Class” means the identification of a positio… |
| 4.02113 Rating. “Compensatory time” means time off in lieu of… |
| 4.02114 Reassignment. “Competitive personnel action” means a type o… |
| 4.02115 Reduction-in-force. “Conference leadership” means the art of plan… |
| 4.02116 Reduction in salary. “Conflict of interest” means a situation in w… |
| 4.02117 Refresher training. “Contagious disease” means a disease requirin… |
| 4.02118 Register. “Contract specialist” means a person who has… |
| 4.02119 Reinstatement. “Cooperative education plan” means training i… |
| 4.0212 Appointing authority. “Course of study” means a training plan havin… |
| 4.02120 Related training. “Demotion” means change of an employee from a… |
| 4.02121 Remedial training. “Department” means an entity of the Executive… |
| 4.02122 Resignation. “Desirable qualifications” means the levels o… |
| 4.02123 Resources. “Detail” means the temporary assignment of an… |
| 4.02124 Retraining. “Director” means the director of the office o… |
| 4.02125 Reversion. “Disabled veteran” means an individual who ha… |
| 4.02126 Salary range. “Dismissal” means the termination of employme… |
| 4.02127 Screening committee. “Education” means the formal impartation or a… |
| 4.02128 Selecting authority. “Educational counseling” means the act of con… |
| 4.02129 Selective certification. “Elevation” means restoration of an employee… |
| 4.0213 Apprenticeship. “Eligible” means an applicant whose name is o… |
| 4.02130 Seminar. “Emergency appointment” means an appointment… |
| 4.02131 Sick leave. “Employee” means any individual employed in t… |
| 4.02132 Skill training. “Employee development” means all planned, sup… |
| 4.02133 Standard workday. “Employee relations” means the contacts and r… |
| 4.02134 Standard workweek. “Excepted service” means elective positions;… |
| 4.02135 Supervisor. “Executive development” means a plan for the… |
| 4.02136 Suspension. “Executive ungraded positions” means those po… |
| 4.02137 Temporary employment. “First-Line supervision” means that level of… |
| 4.02138 Termination. “Followup training” means attention given to… |
| 4.02139 Training aids. “Full biweekly pay period” means as follows:… |
| 4.0214 Areas of training. “Full-time employment” means regularly schedu… |
| 4.02140 Training committee. “Grievance” means an employee’s expressed fee… |
| 4.02141 Training plan. “Holidays” means days set aside to celebrate… |
| 4.02142 Training policy. “Human relations” means the integration of ma… |
| 4.02143 Training timetable. “Human relations training” means the developm… |
| 4.02144 Transfer. “Incentive awards” means recognition for empl… |
| 4.02145 Trial service period. “Induction training” means in-service trainin… |
| 4.02146 Tuition. “In-service training” means training provided… |
| 4.02147 Unassembled examination. “Institute” is sometimes applied to full-time… |
| 4.02148 Veteran. “Internship” means a position or assignment t… |
| 4.02149 Work simplification. “Intervening salary steps” means all incremen… |
| 4.0215 ASG. “Job analysis” means:(1) the process of break… |
| 4.0216 Assembled examination. “Job code” means an eight-digit code designat… |
| 4.0217 Basic salary rate. “Job cost” means the cost arrived at by metho… |
| 4.0218 Basic training. “Job evaluation” means a comprehensive determ… |
| 4.0219 Board. “Job family” means a group of related series… |
| 4.0220 Bumping. “Job rotation” means the procedure of moving… |
| 4.0221 Career Service. “Job standard” means the level of performance… |
| 4.0222 Certificate of eligibles. “Journeyman” means an individual who has serv… |
| 4.0223 Certification. “Leave without pay” means authorized absence… |
| 4.0224 Class. “Leave with pay” means authorized absence fro… |
| 4.0225 Compensatory time. “Leave year” means the period beginning with… |
| 4.0226 Competitive personnel action. “Lecture” means a method of teaching in which… |
| 4.0227 Conference leadership. “Line”, in a private or public business organ… |
| 4.0228 Conflict of interest. “Line responsibility” means the ultimate resp… |
| 4.0229 Contagious disease. “Management” refers to the processes of plann… |
| 4.0230 Contract specialist. “Manpower” means the number of men and women… |
| 4.0231 Cooperative education plan. “Maternity leave” means approved absence beca… |
| 4.0232 Course of study. “Medical certificate” means a written stateme… |
| 4.0233 Demotion. “Minimum qualifications” means the training,… |
| 4.0234 Department. “Mockup” means a working model, usually natur… |
| 4.0235 Desirable qualifications. “Morale” is not a single concept; rather, it… |
| 4.0236 Detail. “Motion study” means the study of body motion… |
| 4.0237 Director. “Motivation” is applied to an inner urge that… |
| 4.0238 Disabled veteran. “Noncompetitive personnel action” means a typ… |
| 4.0239 Dismissal. “Nonstandard workweek” means irregular or ind… |
| 4.0240 Education. “Off-site training” means in-service training… |
| 4.0241 Educational counseling. “On-the-job training” means in-service traini… |
| 4.0242 Elevation. “Orientation training”, as part of induction,… |
| 4.0243 Eligible. “Out-service training” means training provide… |
| 4.0244 Emergency appointment. “Overtime” means work performed in excess of… |
| 4.0245 Employee. “Part-time employment” means work of regularl… |
| 4.0246 Employee development. “Pay adjustment” means a change in the rate o… |
| 4.0247 Employee relations. “Performance rating” means the formal process… |
| 4.0248 Excepted service. “Performance standard” means the measure of t… |
| 4.0249 Executive development. “Periodic increment date” means the date esta… |
| 4.0250 Executive ungraded positions. “Permanent employee” means an employee appoin… |
| 4.0251 First-Line supervision. “Personnel management” means:(A) the utilizat… |
| 4.0252 Followup training. “Position” means a group of duties and respon… |
| 4.0253 Full biweekly pay period. “Position description” means a written descri… |
| 4.0254 Full-time employment. “Post-training” means training given after en… |
| 4.0255 Grievance. “Preassignment training” means in-service tra… |
| 4.0256 Holidays. “Preemployment training” means the training g… |
| 4.0257 Human relations. “Preference eligible” means a U.S. citizen or… |
| 4.0258 Human relations training. “Premium payment” means wage payment over and… |
| 4.0259 Incentive awards. “Probationary period” means the trial period… |
| 4.0260 Induction training. “Program” means:(1) a plan or scheme of admin… |
| 4.0261 In-service training. “Promotion” means a change of an employee fro… |
| 4.0262 Institute. “Public administration” means the activities… |
| 4.0263 Internship. “Rating” means the act of classifying accordi… |
| 4.0264 Intervening salary steps. “Reassignment” means movement of an employee… |
| 4.0265 Job analysis. “Reduction-in-force” means a separation from… |
| 4.0266 Job code. “Reduction in salary” means placement of an e… |
| 4.0267 Job cost. “Refresher training” means training for emplo… |
| 4.0268 Job evaluation. “Register” means a list of eligible names est… |
| 4.0269 Job family. “Reinstatement” means appointment of an emplo… |
| 4.0270 Job rotation. “Related training” means instruction which is… |
| 4.0271 Job standard. “Remedial training” means training given to e… |
| 4.0272 Journeyman. “Resignation” means a voluntary separation fr… |
| 4.0273 Leave without pay. “Resources” is a term often used by managemen… |
| 4.0274 Leave with pay. “Retraining” means training given an employee… |
| 4.0275 Leave year. “Reversion” means voluntary or involuntary mo… |
| 4.0276 Lecture. “Salary range” means a sequence of minimum, i… |
| 4.0277 Line. “Screening committee” consists of three ASG o… |
| 4.0278 Line responsibility. “Selecting authority” means the authority to… |
| 4.0279 Management. “Selective certification” means the certifica… |
| 4.0280 Manpower. “Seminar” means an advanced study group with… |
| 4.0281 Maternity leave. “Sick leave” means absence from duty because… |
| 4.0282 Medical certificate. “Skill training” means development of a facil… |
| 4.0283 Minimum qualifications. “Standard workday” means an assigned eight- h… |
| 4.0284 Mockup. “Standard workweek” means 40 hours divided in… |
| 4.0285 Morale. “Supervisor” means any individual having subs… |
| 4.0286 Motion study. “Suspension” means an enforced absence withou… |
| 4.0287 Motivation. “Temporary employment” means employment durin… |
| 4.0288 Noncompetitive personnel action. “Termination” means separation from employmen… |
| 4.0289 Nonstandard workweek. “Training aids” means any material or device… |
| 4.0290 Off-site training. “Training committee” means a committee author… |
| 4.0291 On-the-job training. “Training plan” means a method or scheme for… |
| 4.0292 Orientation training. “Training policy” means a statement defining… |
| 4.0293 Out-service training. “Training timetable” means a form which lists… |
| 4.0294 Overtime. “Transfer” means movement of a permanent empl… |
| 4.0295 Part-time employment. “Trial service period” means a six-month tria… |
| 4.0296 Pay adjustment. “Tuition” means payment of appropriated funds… |
| 4.0297 Performance rating. “Unassembled examination” means an examinatio… |
| 4.0298 Performance standard. “Veteran” means an individual who has served… |
| 4.0299 Periodic increment date. “Work simplification” means a management tech… |
| 4.0301 Requirements generally-Nepotism- Effective dates. In filling vacancies within the career servic… |
| 4.0302 Administrative responsibilities. The director has primary responsibility for e… |
| 4.0303 Competitive-noncompetitive procedures applicability. Vacancies can either be filled competitively… |
| 4.0304 Recruitment- Vacancy notice- Evaluation announcement. In filling vacancies competitively, all recru… |
| 4.0305 Applications. All applications shall be on a form prescribe… |
| 4.0306 Disqualification of, refusal to examine applicant. Accepted standards of personnel practice will… |
| 4.0307 Examination-Final rating. The director or his designated representative… |
| 4.0308 Veteran preference. (a) In open competitive examinations, eligibl… |
| 4.0309 Registers of eligible applicants. The following types of registers shall be est… |
| 4.0310 Certification of eligibles. Requests for certification of eligibles to a… |
| 4.0311 Appointment types. (a) Career Service Appointments. Career servi… |
| 4.0312 Reinstatement after separation. (a) Any person who has satisfactorily complet… |
| 4.0313 Promotion-Lateral movement- Transfer- Detail -Demotion. The following types of in-service placement e… |
| 4.0314 Retired employees reemployment. An employee who has retired may be reemployed… |
| 4.0401 Establishment of system. In keeping with the American Samoa Code Annot… |
| 4.0402 Position descriptions. (a) Each agency shall maintain current positi… |
| 4.0403 Wag schedule applicability and bases. The classification and compensation plan of t… |
| 4.0404 Position classification system. The director shall develop and maintain a pos… |
| 4.0405 Effective date of actions. (a) The effective date of an initial classifi… |
| 4.0406 Administrative review. An administrative review may be requested by… |
| 4.0407 Pay schedules. (a) The white collar pay schedule shall be kn… |
| 4.0408 Pay schedule placement. (a) Initial Appointment.(1) All initial appoi… |
| 4.0409 Step-increment increases for length of service-Pay schedule structure. (a) Every employee is entitled to an annual s… |
| 4.0410 Overtime-Compensatory time. (a) Applicability. This section applies to al… |
| 4.0411 Hazard pay. (a) It is recognized that some positions at t… |
| 4.0412 Shift differential. (a) Each department which has responsibilitie… |
| 4.0413 Special housing/subsistence allowance. (a) Any government employee whose permanent d… |
| 4.0501 Purpose. It is recognized that maximum efficiency on t… |
| 4.0502 Administrative responsibilities. (a) The department of administrative services… |
| 4.0503 Holidays-Designated-Proclamation. (a) The following public holidays are designa… |
| 4.0504 Holidays-Day observed. Holidays shall be observed as provided below:… |
| 4.0505 Annual leave-Charges to leave. (a) Accrual. To earn leave an employee must b… |
| 4.0506 Sick leave. Sick leave is for use when an employee is phy… |
| 4.0507 Leave without pay. Leave without pay is a temporary absence from… |
| 4.0508 Political leave. Leave without pay shall be freely granted to… |
| 4.0509 Maternity leave. Maternity leave, a period of approved absence… |
| 4.0510 Military leave. (a) General Provisions. A full-time employee… |
| 4.0511 Excused absence. (a) Excused absence is absence from duty, dul… |
| 4.0513 Unauthorized absence. Unauthorized absence shall be treated as abse… |
| 4.0514 Workers’ compensation recipients. (a) Earning of Credits. An officer or employe… |
| 4.0601 Purpose of incentive awards. It is the policy of ASG to provide a method w… |
| 4.0602 Budgeting-Incentive awards committee- Award-approval authority. (a) It is the responsibility of the director… |
| 4.0603 Suggestions award. An employee is eligible to be considered for… |
| 4.0604 Superior performance award. A cash award may be made when a career servic… |
| 4.0605 Special act or service award. A special act or service may be contributed d… |
| 4.0606 Group awards. When a contribution has been made by more tha… |
| 4.0607 Tenure award. Effective on and after 6 Jan 80, employees wh… |
| 4.0701 Responsibility and deportment- Off-the-job conduct. It is the policy of the ASG to urge its caree… |
| 4.0702 Misconduct. Any criminal, dishonest, immoral, or any othe… |
| 4.0703 Subordination to authority. An employee is required to carry out the anno… |
| 4.0704 Selling or soliciting. Employees and other persons are prohibited fr… |
| 4.0705 Outside business activity. An employee shall not engage in any business… |
| 4.0706 Community and professional activities. Employees are encouraged to participate in ac… |
| 4.0707 Government property. (a) Employees shall be held accountable for g… |
| 4.0708 Gifts. An employee shall not accept from or bestow u… |
| 4.0709 Information. It is the policy of the government to accord… |
| 4.0710 Revolutionary organizations. An employee may not knowingly advocate the ov… |
| 4.0711 Political affiliation. No person in the Executive or Judicial Branch… |
| 4.0712 Political activity. Employees shall not engage in unlawful politi… |
| 4.0713 Financial responsibility. Employees of this government are expected to… |
| 4.0714 Contracts with employees. Because contracts with its own employees are… |
| 4.0715 Financial interests. Employees may not have direct or indirect fin… |
| 4.0716 Prompt filing of proper federal and territorial tax returns-Prompt payment of taxes due. It is imperative that employees comply fully… |
| 4.0801 Discipline policy generally- Scope of reasons for removal. It is the policy of the ASG to ensure that em… |
| 4.0802 Removal, suspension, demotion of career employees. (a) Employees in the career service, not serv… |
| 4.0803 Probational or trial employees. Any employee serving a probationary or trial… |
| 4.0804 Involuntary reassignment. (a) An agency head may move any employee invo… |
| 4.0805 Absence without leave- Abandonment of position. When an employee fails to report for duty or… |
| 4.0806 Resignation. An employee may resign at any time he wishes… |
| 4.0807 Other termination actions. (a) A person serving under a temporary appoin… |
| 4.0808 Layoff-Reduction-in-force. (a) When there is an impending layoff because… |
| 4.0901 Appeal-Right of career employees. Career employees may file appeals on matters… |
| 4.0902 Appeal-Procedure. (a) Form and Deadline. All appeals must be ma… |
| 4.0903 Grievances. (a) Filing. Grievances may be filed orally or… |
| 4.0904 Administrative review. The director has responsibility for the recru… |
| 4.1001 When hiring permitted-Employment agreement. When there are no qualified eligibles availab… |
| 4.1002 Assignment- Recruitment-Selection. The following are rules concerning contract s… |
| 4.1003 Compensation-Absence with pay- Review and reclassification. (a) Compensation for positions filled by cont… |
| 4.1004 Transportation. (a) Entitlement at Hiring and Separation. The… |
| 4.1005 Annual leave-Sick leave. (a) A contract specialist whose employment ag… |
| 4.1006 Medical benefits. (a) The contract specialist and his dependent… |
| 4.1007 Termination for cause. The government may discharge the contract spe… |
| 4.1008 Resignation-Termination without cause. (a) If the health of the contract specialist… |
| 4.1009 Renewal of contract. (a) Contract renewal is the prerogative of th… |
| 4.1010 Employment after term of contract. If employment of the contract specialist cont… |
| 4.1011 Conduct- Reassignment-Career service eligibility -Self-employment. (a) Contract specialists are expected to cond… |
| 4.1012 Grievances-Striking prohibited. (a) Contract specialist grievances shall be p… |
| 4.1013 Training. Nominations for the training of contract spec… |
| 4.1014 Work-product ownership- Discoveries and documents. Any and all inventions, improvements, discove… |
| 4.1015 Dependents defined-Family status reports. Dependents, as defined, shall be interpreted… |
| 4.1016 Immigration status-Departure upon termination. (a) A contract specialist, by virtue of his e… |
| 4.1101 Policy generally-American Samoan preference. (a) It is the policy of the ASG to provide an… |
| 4.1102 Affirmative action conformance to federal provisions. An affirmative action plan has been prepared… |
| 4.1103 Enforcement responsibility- Staff, subcontractor, contracting agency compliance. (a) The responsibility and authority for the… |
| 4.1104 Compliance officer. An EEO compliance officer (EEOCO) shall be ap… |
| 4.1105 EEO coordinators-Publicity. ASG’s EEO policy and Affirmative Action Plan… |
| 4.1106 Contract-seeker compliance- Third parties-Monitoring. All nonfederal or nonfederally assisted proje… |
| 4.1107 Grievances-Appeals. Grievances and appeals resulting from the imp… |
| 4.1108 Equal Employment Opportunity Affirmative Action Plan. (a) The rule codified in this section is issu… |
| 4.1201 Purpose. The ASG has an obligation to the citizens of… |
| 4.1202 Manpower resources responsibility – Individual responsibility. (a) Director, office of manpower resources:(1… |
| 4.1203 Governor’s committee- Departmental committees. (a) The Governor’s employee development and t… |
| 4.1204 Scope of activities. Agencies, in establishing their employee deve… |
| 4.1205 Records-Reports-Expenditures. (a) Records.(1) Basic records: Agencies will… |
| 4.1310 Per diem allowance-Intraterritorial travel-Authority of provisions. The rule codified in this section and 4.1311… |
| 4.1311 Per diem allowance-Intraterritorial travel-Rate. (a) Effective 14 Jul 80 the per diem rate for… |
| 4.1401 Purpose. Chapter 15, Title 7, Section 7.1502 ASCA, aut… |
| 4.1402 Definitions. As used in this chapter unless the context cl… |
| 4.1403 Office of the board. The office of the board is located at the Off… |
| 4.1404 Appearances before the board. A party to a proceeding before the board may… |
| 4.1405 Public records and information. (a) The term “public record,” as used in this… |
| 4.1406 Petition. An interested person may petition the board f… |
| 4.1407 Form of petition. (a) The petition need not be in any special f… |
| 4.1408 Rulemaking. The board at any time, on its own initiative,… |
| 4.1409 Petition. An interested person may petition the board f… |
| 4.1410 Form of petition. (a) The petition need not be in any special f… |
| 4.1411 Nonissuance of declaratory order. The board, for good cause, may refuse to issu… |
| 4.1412 Disposition of petition. Within a reasonable time after the submission… |
| 4.1413 Applicability of orders. An order disposing of a petition shall be app… |
| 4.1414 Eligibility Requirements. A person shall be eligible to enroll in the p… |
| 4.1415 Application for enrollment. (a) An application for enrollment shall be ma… |
| 4.1416 Acceptance-Effective date. (a) The participation agreement shall be effe… |
| 4.1417 Rejection-Notification. (a) A participation agreement shall be reject… |
| 4.1418 Changes in participation agreement. (a) It shall be the responsibility of a parti… |
| 4.1419 Reenrollment. A former participant may again apply for enro… |
| 4.1420 Deferrals allowed-Authorization- Commencement. (a) Only compensation from an employer in whi… |
| 4.1421 Limitations on amounts deferred. (a) The minimum amount of deferral per pay pe… |
| 4.1422 Catch-up provision. (a) During 1 or more of a participant’s last… |
| 4.1423 Reduction in maximum amounts allowable. The maximum amounts allowable under 4.1421(b)… |
| 4.1424 Responsibilities regarding maximum amounts. (a) It shall be the responsibility of a parti… |
| 4.1425 Insufficient funds-Suspension- Reinstatement. (a) Whenever there are insufficient funds ava… |
| 4.1426 Deferrals remain as employer’s assets. (a) The amounts deferred under the plan by a… |
| 4.1427 Investments of deferred amounts. (a) The amounts deferred under the plan shall… |
| 4.1428 Designation of investment preference. (a) A participant shall designate a preferenc… |
| 4.1429 Transfer of amounts previously deferred. A participant may submit a. written request t… |
| 4.1430 Individual accounts. Individual deferred compensation accounts sha… |
| 4.1431 Adjustments to accounts. Each individual account shall be credited wit… |
| 4.1432 Reports on accounts. Each participant shall be provided semi- annu… |
| 4.1433 Disclosure of information. Information about a participant shall only be… |
| 4.1434 When payable-Earliest and latest dates. (a) Benefits under the plan shall be paid or… |
| 4.1435 Distribution request form-Filing requirements. (a) A completed distribution request form pre… |
| 4.1436 Normal retirement age defined- Designation. (a) Normal retirement age means any age, at t… |
| 4.1437 Election to commence benefits. (a) Upon separation from service, but not lat… |
| 4.1438 Selection of payment options. (a) The payment of benefits under the plan sh… |
| 4.1439 Failure to select distribution options. (a) In the event a distribution request form… |
| 4.1440 Beneficiaries; designation-Rights. (a) A participant shall designate on the part… |
| 4.1441 Withholding of taxes. All payments under the plan shall be subject… |
| 4.1442 Mailing of payments. Payments shall be mailed to the last home add… |
| 4.1443 Request for emergency withdrawal- Form. (a) If a participant incurs an unforeseeable… |
| 4.1444 Unforeseeable emergency defined. An unforeseeable emergency means severe finan… |
| 4.1445 Limitations on withdrawals. An emergency withdrawal shall only be approve… |
| 4.1446 Payment-Board approval. (a) Only emergency withdrawals which have bee… |
| 4.1447 Request for board review. (a) A board review may be requested by an emp… |
| 4.1448 Disposition of request. An employee’s request for a board review may… |
| 4.2001 Applicability -Position categories. These regulations apply to all career service… |
| 4.2002 Administration. The Executive Director is responsible to the… |
| 4.2003 Agency head responsibilities- Delegation. (a) The Executive Director is responsible for… |
| 4.2004 Investigative authority. The Executive Director may cause investigatio… |
| 4.2005 Enforcement authority. Whenever an investigation indicates that any… |
| 4.2006 Discrimination prohibited. There shall be no discrimination in employmen… |
| 4.2101 Applicability of definitions. The definitions set out in this chapter apply… |
| 4.2102 Abandonment of position. “Abandonment of position” means failure of an… |
| 4.2103 Accrued leave. “Accrued leave” means leave earned by an empl… |
| 4.2104 Accumulated leave. “Accumulated leave” means unused leave remain… |
| 4.2105 Acting appointment. “Acting appointment” means a temporary appoin… |
| 4.2107 Agency. “Agency” refers to ASPA.History: Rule 11-84,… |
| 4.2108 Annual leave. “Annual leave” means authorized absence from… |
| 4.2109 Appeal. “Appeal” means a response by an individual to… |
| 4.2110 Appointing authority. “Appointing authority” means the person lawfu… |
| 4.21100 Position description. “Apprenticeship” means a comprehensive progra… |
| 4.21101 Post-training. “Areas of training” is a term used to include… |
| 4.21102 Preassignment training. “ASG” means the American Samoa Government, as… |
| 4.21103 Preemployment training. “ASPA” means the American Samoa Power Authori… |
| 4.21104 Preference eligible. “Assembled examination” means an examination… |
| 4.21105 Premium payment. “Basic salary rate” means the dollar amount o… |
| 4.21106 Probationary period. “Basic training”, as part of induction, means… |
| 4.21107 Program. “Board” means the Board of Directors of the A… |
| 4.21108 Promotion. “Bumping” means the replacement of an incumbe… |
| 4.21109 Public administration. “Career service” means that system of personn… |
| 4.2111 Apprenticeship. “Certificate of eligibles” means the official… |
| 4.21110 Rating. “Certification” means the process by which th… |
| 4.21111 Reassignment. “Chairman of the Board” refers to the Chair-… |
| 4.21112 Reduction-in-force. “Class” means the identification of a positio… |
| 4.21113 Reduction in salary. “Compensatory time” means time off in lieu of… |
| 4.21114 Refresher training. “Competitive personnel action” means a type o… |
| 4.21115 Register. “Conference leadership” means the art of plan… |
| 4.21116 Reinstatement. “Conflict of interest” means a situation in w… |
| 4.21117 Related training. “Contagious disease” means a disease requirin… |
| 4.21118 Remedial training. “Contract specialist” means a person who has… |
| 4.21119 Resignation. “Cooperative education plan” means training i… |
| 4.2112 Areas of training. “Course of study” means a training plan havin… |
| 4.21120 Resources. “Demotion” means change of an employee from a… |
| 4.21121 Retraining. “Department” means a division of ASPA headed… |
| 4.21122 Reversion. “Desirable qualifications” means the levels o… |
| 4.21123 Salary range. “Detail” means the temporary assignment of an… |
| 4.21124 Screening committee. “Director” means the Executive Director of AS… |
| 4.21125 Selecting authority. “Disabled veteran” means an individual who ha… |
| 4.21126 Selective certification. “Dismissal” means the termination of employme… |
| 4.21127 Seminar. “Education” means the formal impartation or a… |
| 4.21128 Sick leave. “Educational counseling” means the act of con… |
| 4.21129 Skill training. “Elevation” means restoration of an employee… |
| 4.2113 ASG. “Eligible” means an applicant whose name is o… |
| 4.21130 Standard workday. “Emergency appointment” means an appointment… |
| 4.21131 Standard workweek. “Employee” means any individual employed by A… |
| 4.21132 Supervisor. “Employee development” means all planned, sup… |
| 4.21133 Suspension. “Employee relations” means the contacts and r… |
| 4.21134 Temporary employment. “Executive development” means a plan for the… |
| 4.21135 Termination. “First-line supervision” means that level of… |
| 4.21136 Training aids. “Followup training” means attention given to… |
| 4.21137 Training committee. “Full biweekly pay period” means as follows:… |
| 4.21138 Training Plan. “Full-time employment” means regularly schedu… |
| 4.21139 Training policy. “Grievance” means an employee’s expressed fee… |
| 4.2114 ASPA. “Holidays” means days set aside to celebrate… |
| 4.21140 Training timetable. “Human relations” means the integration of ma… |
| 4.21141 Transfer. “Human relations training” means the developm… |
| 4.21142 Trial service period. “Incentive awards” means recognition for empl… |
| 4.21143 Tuition. “Induction training” means in-service trainin… |
| 4.21144 Unassembled examination. “In-service training” means training provided… |
| 4.21145 Veteran. “Institute” is sometimes applied to full-time… |
| 4.21146 Work simplification. “Internship” means a position or assignment t… |
| 4.2115 Assembled examination. “Intervening salary steps” means all incremen… |
| 4.2116 Basic salary rate. “Job analysis” means:(1) The process of break… |
| 4.2117 Basic training. “Job code” means an eight-digit code designat… |
| 4.2118 Board. “Job cost” means the cost arrived at by metho… |
| 4.2119 Bumping. “Job evaluation” means a comprehensive determ… |
| 4.2120 Career service. “Job family” means a group of related series… |
| 4.2121 Certificate of eligibles. “Job rotation” means the procedure of moving… |
| 4.2122 Certification. “Job standard” means the level of performance… |
| 4.2123 Chairman of the Board. “Journeyman” means an individual who has serv… |
| 4.2124 Class. “Leave without pay” means authorized absence… |
| 4.2125 Compensatory time. “Leave with pay” means authorized absence fro… |
| 4.2126 Competitive personnel action. “Leave year” means the period beginning with… |
| 4.2127 Conference leadership. “Lecture” means a method of teaching in which… |
| 4.2128 Conflict of interest. “Line”, in a private or public business organ… |
| 4.2129 Contagious disease. “Line responsibility” means the ultimate resp… |
| 4.2130 Contract specialist. “Management” refers to the processes of plann… |
| 4.2131 Cooperative education plan. “Manpower” means the number of men and women… |
| 4.2132 Course of study. “Maternity leave” means approved absence beca… |
| 4.2133 Demotion. “Medical certificate” means a written stateme… |
| 4.2134 Department. “Minimum qualifications” means the training,… |
| 4.2135 Desirable qualifications. “Morale” is not a single concept; rather, it… |
| 4.2136 Detail. “Motion study” means the study of body motion… |
| 4.2137 Director. “Motivation” is applied to an inner urge that… |
| 4.2138 Disabled veteran. “Noncompetitive personnel action” means a typ… |
| 4.2139 Dismissal. “Nonstandard workweek” means irregular or ind… |
| 4.2140 Education. “Off-site training” means in-service training… |
| 4.2141 Educational counseling. “On-the-job training” means in-service traini… |
| 4.2142 Elevation. “Orientation training”, as part of induction,… |
| 4.2143 Eligible. “Out-service training” means training provide… |
| 4.2144 Emergency appointment. “Overtime” means work performed in excess of… |
| 4.2145 Employee. “Part-time employment” means work of regularl… |
| 4.2146 Employee development. “Pay adjustment” means a change in the rate o… |
| 4.2147 Employee relations. “Performance rating” means the formal process… |
| 4.2148 Executive development. “Performance standard” means the measure of t… |
| 4.2149 First-line supervision. “Periodic increment date” means the date esta… |
| 4.2150 Followup training. “Permanent employee” means an employee appoin… |
| 4.2151 Full biweekly pay period. “Personnel management” means:(A) the utilizat… |
| 4.2152 Full-time employment. “Position” means a group of duties and respon… |
| 4.2153 Grievance. “Position description” means a written descri… |
| 4.2154 Holidays. “Post-training” means training given after en… |
| 4.2155 Human relations. “Preassignment training” means in-service tra… |
| 4.2156 Human relations training. “Preemployment training” means the training g… |
| 4.2157 Incentive awards. “Preference eligible” means a U.S. citizen or… |
| 4.2158 Induction training. “Premium payment” means wage payment over and… |
| 4.2159 In-service training. “Probationary period” means the trial period… |
| 4.2160 Institute. “Program” means:(1) A plan or scheme of admin… |
| 4.2161 Internship. “Promotion” means a change of an employee fro… |
| 4.2162 Intervening salary steps. “Public administration” means the activities… |
| 4.2163 Job analysis. “Rating” means the act of classifying accordi… |
| 4.2164 Job Code. “Reassignment” means movement of an employee… |
| 4.2165 Job cost. “Reduction-in-force” means a separation from… |
| 4.2166 Job evaluation. “Reduction in salary” means placement of an e… |
| 4.2167 Job family. “Refresher training” means training for emplo… |
| 4.2168 Job rotation. “Register” means a list of eligible names est… |
| 4.2169 Job standard. “Reinstatement” means appointment of an emplo… |
| 4.2170 Journeyman. “Related training” means instruction which is… |
| 4.2171 Leave without pay. “Remedial training” means training given to e… |
| 4.2172 Leave with pay. “Resignation” means a voluntary separation fr… |
| 4.2173 Leave year. “Resources” is a term often used by managemen… |
| 4.2174 Lecture. “Retraining” means training given an employee… |
| 4.2175 Line. “Reversion” means voluntary or involuntary mo… |
| 4.2176 Line responsibility. “Salary range” means a sequence of minimum, i… |
| 4.2177 Management. “Screening committee” consists of three ASPA… |
| 4.2178 Manpower. “Selecting authority” means the authority to… |
| 4.2179 Maternity leave. “Selective certification” means the certifica… |
| 4.2180 Medical certificate. “Seminar” means an advanced study group with… |
| 4.2181 Minimum qualifications. “Sick leave” means absence from duty because… |
| 4.2182 Morale. “Skill training” means development of a facil… |
| 4.2183 Motion study. “Standard workday” means an assigned eight- h… |
| 4.2184 Motivation. “Standard workweek” means 40 hours divided in… |
| 4.2185 Noncompetitive personnel action. “Supervisor” means any individual having subs… |
| 4.2186 Nonstandard workweek. “Suspension” means an enforced absence withou… |
| 4.2187 Off-site training. “Temporary employment” means employment. duri… |
| 4.2188 On-the-job training. “Termination” means separation from employmen… |
| 4.2189 Orientation training. “Training aids” means any material or device… |
| 4.2190 Out-service training. “Training committee” means a committee author… |
| 4.2191 Overtime. “Training plan” means a method or scheme for… |
| 4.2192 Part-time employment. “Training policy” means a statement defining… |
| 4.2193 Pay adjustment. “Training timetable” means a form which lists… |
| 4.2194 Performance rating. “Transfer” means movement of a permanent empl… |
| 4.2195 Performance standard. “Trial service period” means a six-month tria… |
| 4.2196 Periodic increment date. “Tuition” means payment of appropriated funds… |
| 4.2197 Permanent employee. “Unassembled examination” means an examinatio… |
| 4.2198 Personnel management. “Veteran” means an individual who has served… |
| 4.2199 Position. “Work simplification” means a management tech… |
| 4.2201 Requirements generally -Nepotism- Effective dates. In filling vacancies within the career servic… |
| 4.2202 Administrative responsibilities. The Executive Director has primary responsibi… |
| 4.2203 Competitive-noncompetitive procedures applicability. Vacancies can either be filled competitively… |
| 4.2204 Recruitment-Vacancy notice- Evaluation announcement. In filling vacancies competitively, all recru… |
| 4.2205 Applications. All applications shall be on a form prescribe… |
| 4.2206 Disqualification of, refusal to examine applicant. (a) Accepted standards of personnel practice… |
| 4.2207 Examination-Final rating. The Executive Director or his or her designat… |
| 4.2208 Veteran preference. (a) In open competitive examinations, eligibl… |
| 4.2209 Registers of eligible applicants. The following types of registers shall be est… |
| 4.2210 Certification of eligibles. Authorized position vacancies can only be fil… |
| 4.2211 Appointment types. (a) Career Service Appointments. Career servi… |
| 4.2212 Reinstatement after separation. (a) Any person who has satisfactorily complet… |
| 4.2213 Promotion-Lateral movement- Transfer- Detail- Demotion. The following types of in-service placement e… |
| 4.2214 Retired employees reemployment. An employee who has retired may be reemployed… |
| 4.2301 Establishment of system. In keeping with the objectives of the America… |
| 4.2302 Position descriptions. (a) ASPA shall maintain current position desc… |
| 4.2303 Wage schedule applicability and bases. The classification and compensation plan of t… |
| 4.2304 Position classification system. The Executive Director shall develop and main… |
| 4.2305 Effective date of actions. (a) The effective date of an initial classifi… |
| 4.2306 Administrative review. An administrative review may be requested by… |
| 4.2307 Pay schedules. (a) The white collar pay schedule shall be kn… |
| 4.2308 Step-increment increases for length of service-Pay schedule structure. (a) Every employee is entitled to an annual s… |
| 4.2309 Overtime-Compensatory time. (a) Applicability. This section applies to al… |
| 4.2310 Hazard pay. (a) It is recognized that some positions at t… |
| 4.2311 Shift differential. (a) Each department which has responsibilitie… |
| 4.2401 Purpose. It is recognized that maximum efficiency on t… |
| 4.2402 Administrative Responsibilities. (a) The department of administrative services… |
| 4.2403 Holidays-Designated-Proclamation. (a) The following public holidays are designa… |
| 4.2404 Holidays-Days observed. Holidays shall be observed as provided below:… |
| 4.2405 Annual leave-Charges to leave. (a) Accrual. To earn leave an employee must b… |
| 4.2406 Sick leave. Sick leave is for use when an employee is phy… |
| 4.2407 Leave without pay. Leave without pay is a temporary absence from… |
| 4.2408 Political leave. Leave without pay shall be freely granted to… |
| 4.2409 Maternity leave. Maternity leave, a period of approved absence… |
| 4.2410 Military leave. (a) General Provisions. A full-time employee… |
| 4.2411 Excused absence. (a) Excused absence is absence from duty duly… |
| 4.2413 Unauthorized absence. Unauthorized absence shall be treated as be g… |
| 4.2414 Workers’ compensation recipients. (a) Earning of Credits. An officer or employe… |
| 4.2501 ASPA employees eligible to receive retirement benefits. All employees of ASPA are eligible to receive… |
| 4.2601 Purpose of incentive awards. It is the policy of ASPA to provide a method… |
| 4.2602 Budgeting-Incentive awards committee-Award-approval authority. (a) It is the responsibility of the business/… |
| 4.2603 Suggestions award. An employee is eligible to be considered for… |
| 4.2604 Superior performance award. A cash award may be made when a career servic… |
| 4.2605 Special act or service award. A special act or service may be contributed d… |
| 4.2606 Group awards. When a contribution has been made by more tha… |
| 4.2607 Tenure award. Effective on and after January 6, 1980, emplo… |
| 4.2608 Operator of the month award. The ASPA Advisory Committee, consisting of al… |
| 4.2701 Responsibility and deportment-Off-the-job conduct. It is the policy of ASPA to urge its career s… |
| 4.2702 Misconduct. Any criminal, dishonest, immoral, or any othe… |
| 4.2703 Subordination to authority. An employee is required to carry out the anno… |
| 4.2704 Selling or soliciting. Employees and other persons are prohibited fr… |
| 4.2705 Outside business activity. An employee shall not engage in any business… |
| 4.2706 Community and professional activities. Employees are encouraged to participate in ac… |
| 4.2707 ASPA property. (a) Employees shall be held accountable for A… |
| 4.2708 Gifts. An employee shall not accept from or bestow u… |
| 4.2709 Information. It is the policy of ASPA to accord the public… |
| 4.2710 Revolutionary organizations. An employee may not knowingly advocate the ov… |
| 4.2711 Political affiliation. No person with authority to take or recommend… |
| 4.2712 Political activity. Employees shall not engage in unlawful politi… |
| 4.2713 Financial responsibility. Employees of ASPA are expected to satisfy the… |
| 4.2714 Contracts with employees. Because contracts with its own employees are… |
| 4.2715 Financial interests. Employees may not have direct or indirect fin… |
| 4.2801 Discipline policy generally-Scope of reasons for removal. It is the policy of ASPA to ensure that emplo… |
| 4.2802 Removal, suspension, demotion of career employees. (a) Employees in the career service, not serv… |
| 4.2803 Probational or trial employees. Any employee serving a probationary or trial… |
| 4.2804 Involuntary reassignment. (a) The Executive Director may move any emplo… |
| 4.2805 Absence without leave-Abandonment of position. When an employee fails to report for duty or… |
| 4.2806 Resignation. An employee may resign at any time subject to… |
| 4.2807 Other termination actions. (a) A person serving under a temporary appoin… |
| 4.2808 Layoff -Reduction-in-force. (a) When there is an impending layoff because… |
| 4.2809 Clearance for terminating employees. The standard ASG clearance form must be compl… |
| 4.2901 Appeal-Right of career employees. Career employees may file appeals on matters… |
| 4.2902 Appeal-Procedure. (a) Form and Deadline. All appeals must be ma… |
| 4.2903 Grievances. (a) Filing. Grievances may be filed orally or… |
| 4.2904 Administrative review. The Executive Director has responsibility for… |
| 4.3001 When hiring permitted-Employment agreement. When there are no qualified eligibles availab… |
| 4.3002 Temporary contract specialists. (a) In addition to permanent contract special… |
| 4.3003 Assignment-Recruitment-Selection. The following are rules concerning contract s… |
| 4.3004 Compensation-Absence with pay-Review and reclassification. (a) Compensation for positions filled by cont… |
| 4.3005 Transportation. (a) Entitlement at Hiring and Separation. ASP… |
| 4.3006 Annual leave-Sick leave. (a) A contract specialist whose employment ag… |
| 4.3007 Medical benefits. (a) The contract specialist and his or her de… |
| 4.3008 Termination for cause. ASPA may discharge the con tract specialist a… |
| 4.3009 Resignation- Termination without cause. (a) If the health of the contract specialist… |
| 4.3010 Renewal of contract. (a) Contract renewal is the prerogative of AS… |
| 4.3011 Employment after term of contract. If employment of the contract specialist cont… |
| 4.3012 Conduct-Reassignment-Career service eligibility-Self-employment. (a) Contract specialists are expected to cond… |
| 4.3013 Grievances-Striking prohibited. (a) Contract specialist grievances shall be p… |
| 4.3014 Training. Nominations for training of contract speciali… |
| 4.3015 Work-product ownership-Discoveries and documents. Any and all inventions, improvements, discove… |
| 4.3016 Dependents defined-Family status reports. Dependents, as defined, shall be interpreted… |
| 4.3017 Immigration status-Departure upon termination. (a) A contract specialist, by virtue of his o… |
| 4.3101 Policy generally-American Samoan preference. (a) It is the policy of ASPA to provide and p… |
| 4.3102 Affirmative action conformance to federal provisions. An affirmative action plan has been prepared… |
| 4.3103 Enforcement responsibility-Staff, subcontract, or contracting agency compliance. (a) The responsibility and authority for the… |
| 4.3104 Compliance officer. The EEO compliance officer (EEOCO), appointed… |
| 4.3105 EEO coordinators-Publicity. ASPA’s EEO policy and Affirmative Action Plan… |
| 4.3106 Contract-seeker compliance- Third parties-Monitoring. All nonfederal or non federally assisted proj… |
| 4.3107 Grievances-Appeals. Grievances and appeals resulting from the imp… |
| 4.3108 Equal Employment Opportunity Affirmative Action Plan. ASPA’s policy, to provide and promote equal o… |
| 4.3201 Purpose. ASPA has an obligation to its employees to ut… |
| 4.3202 Management responsibility- Individual responsibility. (a) The Executive Director of ASPA will devel… |
| 4.3203 Departmental committees. (a) The ASPA employee development and trainin… |
| 4.3204 Scope of activities. ASPA, in establishing an employee development… |
| 4.3205 Records- Reports- Expenditures. (a) Records.(1) Basic Records. ASPA will esta… |
| 4.3301 Per diem allowance-Rates set by ASPA. For travel or temporary official business awa… |
| 4.3302 Per diem allowance-Intraterritorial travel-Rate. (a) Effective July 14, 1980, the per diem rat… |
| 4.3401 Safety practices. All ASPA employees should be familiar with an… |
| 4.3501 Provision of data. ASPA will provide personnel action data to th… |
| Appendix A – Affirmative Action Plan It is the policy of the ASG to provide and pr… |
| Appendix A – Electric Utility Management Manual FOREWORD The safety rules herein set forth ar… |