American Samoa Administrative Code

“Administration” means that activity of management which fulfills or carries out the objectives, or goals, for which the organization or project is established. It includes that phase of management that lays down and directs policies and procedures by which resources, human and o…

Administrative authority, applicable only to the judiciary means the official or officials with primary administrative responsibility, as delegated by the Chief Justice. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Agency” means an office, department, or other separate unit or division, however designated, of ASG. It includes any unit of government established by law or the Chief Executive, upon which the statutes confer powers and impose duties in connection with operations of either a go…

“Annual leave” means authorized absence from duty with pay to allow employees a vacation, period for rest and relaxation and to provide time off for personal and emergency purposes The use of annual leave must be officially authorized prior to being taken. History: Rule 10-81, ef…

“Appeal” means response by an individual to action t2.ken against him. The right of appeal extends to such actions as classification decisions, disciplinary actions, actions of alleged discrimination, and such other actions as provided for in this title. History: Rule10-81, eff 2…

“Appointing authority” means the person lawfully authorized to make appointments. The appointing authority for the Executive Branch of the ASG is the director of manpower resources. The appointing authority for the High Court is the Chief Justice. History: Rule 10-81, eff 29 Jul …

“Apprenticeship” means a comprehensive program, for training the learner toward a specialized trade or craft under the full responsibility of the employer and on a long-term basis. It includes thorough instruction in the principles and practices of the particular trade or craft a…

“Areas of training” is a term used to include the training activities for certain classes of positions, such as clerical, skilled trades, and professional, and for programs of training such as orientation, supervision, and safety. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).…

“ASG” means American Samoa Government, as does “the government”. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Assembled examination” means an examination for which applicants are required to assemble or be physically present at an appointed time and place. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Basic salary rate” means the dollar amount of the step of the salary range to which the employee is entitled, before any deduction, and exclusive'”of additional compensation of any kind. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Basic training”, as part of induction, means the fundamental or essential training required for a position. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Board” means the pennel advisory board, which hears and investigates all appeals resulting from employee actions. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Bumping” means the replacement of an incumbent subject to reduction-in-force by another employee who has greater seniority. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Career service” means that system of personnel administration based on merit principles which provides for the attraction, selection, and retention of the best-qualified of our citizens for pen11anent employment in the state government service. Entry is normally through competit…

“Certificate of eligibles” means the official document through which eligibles are referred for employment consideration. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Certification” means the process by which the names of qualified eligibles are referred. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Class” means the identification of a position or a group of positions sufficiently similar in duties so that the same requirements of training, experience, or skill and the same title, examination, and salary range may be applied. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part)…

“Compensatory time” means time off in lieu of cash payment for over-time. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Competitive personnel action” means a type of personnel action which can be effected only if applicable competitive procedures; i.e., those governing advertising and examining, have taken place. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Conference leadership” means the art of planning, leading, guiding, and directing a conference. History: Rule 10.81, eff 29 Jul 81, § 2.0 (part).

“Conflict of interest” means a situation in which an employee’s private interests, usually of an economic nature, conflict or raise a reasonable question of conflict with his public duties and responsibilities. The potential conflict is of concern whether it is real or apparent. …

“Contagious disease” means a disease requiring isolation of the patient, quarantine, or restriction of movement, as prescribed by health authorities. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Contract specialist” means a person who has entered into an agreement with the government or High Court to perform specified duties and responsibilities for a specific period of time, who is not in the ASG civil service. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Cooperative education plan” means training in which trainees alternate between periods of formal instruction in educational institutions and guided learning on the job through work experience related to the formal instruction. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Course of study” means a training plan having a series of instructional units which have been developed to accomplish a specific training objective. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Demotion” means change of an employee from a position in I class to a position in another class having a lower salary range. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Department” means an entity of the Executive Branch headed by a director nominated by the Governor and confirmed by the Fono. This term includes departments, offices, and agencies. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Desirable qualifications” means the levels of education and/or experience deemed desirable or preferable for admission to the examination in lieu of or above and beyond fixed minimum qualifications. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Detail” means the temporary assignment of an employee to a different position for a specified period with the employee returning to his regular duties at the end of the detail. Technically, a position is not “filled” by a detail, as the employee continues to hold the position fr…

“Director” means the director of the office of manpower resources. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Disabled veteran” means an individual who has served on active duty in the Armed Forces of the United States, and has established the present existence of a service-connected disability or is receiving compensation, disability retirement benefits, or pension because of a public …

“Dismissal” means the termination of employment of a permanent employee for cause or of a probationary employee as specified in this title. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Education” means the formal impartation or acquisition of knowledge, skill, or discipline of mind. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Educational counseling” means the act of conferring with a person for the purpose, of aiding him in making choices and adjustments relating to schools, course, curriculum, and study. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Elevation” means restoration of an employee to the higher classification, with permanent status, which he had prior to having been granted a voluntary demotion. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Eligible” means an applicant whose name is on a register of persons who have qualified for a particular class of positions. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Emergency appointment” means an appointment to a position pending the establishment of a register for that class or for emergency reasons, not to exceed 30 calendar days unless extended as provided by this title. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Employee” means any individual employed in the service of the government under the appointing authority of the director. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Employee development” means all planned, supervised experience, training, and/or education that enhances the individual’s usefulness as an employee, and promotes their worklife growth. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Employee relations” means the contacts and relationships between management and the employees in an organization. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Excepted service” means elective positions; district, county, and village officials; department heads, officers, and members of any. territorial board, commission, or other territorial agency whose appointments are made by the Governor or are required by law to be confirmed by o…

“Executive development” means a plan for the creation of career executives through the systematic development of outstanding employees. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Executive ungraded positions” means those positions of cabinet rank within the Executive Branch and special or executive advisors to the Governor. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“First-Line supervision” means that level of supervision directly over the rank-and-file or nonsupervisory employees and forming the starting point upward for the direct line of authority and communications to top management. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Followup training” means attention given to employees after initial training to ensure and facilitate their application of new skills and information. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Full biweekly pay period” means as follows: An employee shall be considered, for leave purposes, to have been employed for a full biweekly pay period if he has been in a pay status, or a combination of pay status and non- pay status, during all of the days within such period, ex…

“Full-time employment” means regularly scheduled employment requiring an average of 40 hours of work per week. However, for certification from a register, work between 32 and 40 hours per week shall be considered full time. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Grievance” means an employee’s expressed feeling of dissatisfaction with aspects of his working conditions and working relationships which are outside of his control. A grievance is not an appeal. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

“Holidays” means days set aside to celebrate a religious, state, or other event for which government employees receive time off with pay. Holidays are established by law or are designated by the Governor. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).