American Samoa Administrative Code

No person in the Executive or Judicial Branch with authority to take or recommend a personnel action relative to a person in, or an eligible applicant for, a position in the government service may make inquiry concerning his political affiliation. All disclosures concerning polit…

Employees shall not engage in unlawful political activities as defined in 7.0807 ASCA. Where doubt exists as to the legality of certain activities, the employee shall request a ruling in writing from the director. History: Rule 10-81, eff 29 Jul 81, § 7.2(k).

Employees of this government are expected to satisfy their financial commitments. Failure to meet one’s obligations reflects adversely on one’s standing as a government employee. History: Rule 10-81, eff 29 Jul 81, § 7.2(1).

Because contracts with its own employees are considered to be against public policy, such contracts are not permitted in the government except where it is clearly shown that the interests of the United States and ASG are the major consideration to be served thereby. The only anno…

Employees may not have direct or indirect financial interests that conflict substantially, or appear to conflict substantially, with their responsibilities and duties as employees, nor engage in, directly or indirectly, financial transactions as a result of, or primarily relying …

It is imperative that employees comply fully with all applicable requirements of government taxing authorities at all levels, federal. territorial. state and local. Employees shall: (1) file timely and properly all tax returns in keeping with the requirements of law, rule or ordi…

It is the policy of the ASG to ensure that employees whose performance of their duties or conduct are not satisfactory are removed from their position promptly, that those who are guilty of misconduct not sufficiently serious to justify removal be properly disciplined, that volun…

(a) Employees in the career service, not serving probationary or trial periods and who are not serving under temporary appointments or contracts, shall not be removed, suspended, or involuntarily demoted except for such cause as will promote the efficiency and the good of governm…

Any employee serving a probationary or trial period shall be given a full and fair trial in the performance of the duties of the position to which appointed. Employees serving their original probationary period may be separated at any time during such period upon proper recommend…

(a) An agency head may move any employee involuntarily from one position to another, which mayor may not involve a change in class, without the right of appeal, provided no reduction in grade or rate of compensation is involved; the director’s or, in the case of the Judicial Bran…

When an employee fails to report for duty or to return from leave for 10 or more consecutive workdays, he may be considered to have abandoned his position. Care must be taken, however, before a final decision is made, that he has truly abandoned his position. The supervisor shoul…

An employee may resign at any time he wishes to do so, subject to the following conditions: (a) Notice. The employee must notify his department head, in writing, of his resignation at least 2 weeks prior to the date of his separation unless the department head waives such require…

(a) A person serving under a temporary appointment may be terminated at any time prior to the expiration of his temporary appointment, but must be terminated on the NTE (not-to-exceed) date unless approval has been granted by the director for extension of the appointment. (b) A n…

(a) When there is an impending layoff because of lack of funds, curtailment of work, or reorganization, the department head shall notify the director and the affected employee(s) in writing as soon as possible but at least 60 days in advance of the layoff unless cutoff of funds r…

Career employees may file appeals on matters concerning their suspension, involuntary demotion, or removal. History: Rule 10-81, eff 29 Jul 81, § 9.1.

(a) Form and Deadline. All appeals must be made in writing and state clearly the basis for appeal to the director and must be filed in the office of the director within 10 calendar days after the effective date of the action appealed, except in the case of reduction-in-force (see…

(a) Filing. Grievances may be filed orally or in writing by any person, at any point of contact within government. If the grievance is misdirected (complaints about another department) the grievant shall be properly directed. The following types of action are typical of those whi…

The director has responsibility for the recruitment, examination and certification of eligibles, and for the proper classification of positions to titles, grades and pay. Any person who believes his application to have been improperly evaluated and/or any employee who believes hi…

When there are no qualified eligibles available for a given position, excepted appointments of qualified eligibles residing outside of American Samoa may be made by contract. The terms of a contract specialist’s employment are specified in the employment agreement he signs with t…

The following are rules concerning contract specialists which are not contained in the standard contracts, or which require amplification: (a) Assignment of Duties. While the contract specialist is designated to serve in the position for which he signs, the needs of the governmen…

(a) Compensation for positions filled by contract shall be in accordance with established ASG salary rates based on the salary rates of the career service. Base salaries shall be taken from the appropriate ASG salary schedule and the rules concerning same. A contract specialist e…

(a) Entitlement at Hiring and Separation. The government will furnish transportation for the contract specialist and his dependents, his household goods and professional materials from his permanent residence to American Samoa. If the contract specialist has fully performed the t…

(a) A contract specialist whose employment agreement is on a 12-month basis shall accrue annual leave at the rate of 1 working day for each full biweekly pay period during the tenure of his agreement, regardless of the amount of time worked during each pay period, except for peri…

(a) The contract specialist and his dependents will be entitled to medical and dental services in American Samoa to be furnished by the government. Such services may be subject to a nominal service charge to be paid by the contract specialist. Medical services shall be within the…

The government may discharge the contract specialist and terminate his employment agreement for cause, including dereliction or unsatisfactory performance of duty or misrepresentation or conviction of any criminal offense. Pending a hearing and final determination, the contract s…

(a) If the health of the contract specialist or that of any of his dependents, through no fault of his own, becomes so impaired that, in the judgment of the director of health, he should not remain in American Samoa, he may resign and receive the full benefits accorded to a contr…

(a) Contract renewal is the prerogative of the government and is based solely upon need and performance of a contract specialist as determined by the government and is contingent upon approval of the contract specialist’s continued employment by the director. (b) A contract speci…

If employment of the contract specialist continues beyond the term of service specified in his agreement without the execution of a new agreement, such employment shall be deemed to be at will and may be terminated by either party on reasonable notice to the other. All of the ter…

(a) Contract specialists are expected to conduct themselves both on and off-the-job as employees of ASG. Rules regarding outside work, conflict of interest, and political activities published in the ASCA and elsewhere in this title apply equally to contract employees. (b) A contr…

(a) Contract specialist grievances shall be processed the same as those made by other employees. In case of an alleged violation of the contract specialist’s agreement, his continued employment shall not be deemed a waiver by either party of his claim. The government consents to …

Nominations for the training of contract specialists shall be submitted by his immediate supervisor to the director of manpower resources who shall retain discretion for its approval or disapproval. No contract specialist shall be recommended for training to gain skills or knowle…

Any and all inventions, improvements, discoveries, documents, reports, memoranda, and data developed by the contract specialist relating to his position with the government will be the sole and absolute property of the government, and the government will be the sole and absolute …

Dependents, as defined, shall be interpreted to mean the spouse and minor dependent children of the contract specialist, who are identified as such at the time his agreement is executed and who will reside with him at American Samoa for at least one year of the term of his agreem…

(a) A contract specialist, by virtue of his employment with the government, obtains residency status within the territory for the duration of his agreement or term of service. In the event of the termination of his agreement for any reason whatsoever, the contract specialist cont…

(a) It is the policy of the ASG to provide and promote equal opportunity in employment to people without discrimination because of race, creed, color, sex, religion, national origin, age, handicaps, marital status, political affiliation, or other nonmerit consideration. (b) Pursu…

An affirmative action plan has been prepared for use by ASG in its efforts to provide equity in employment to women, minors, and other victims of discrimination. This EEO-AA plan is intended to conform to federal requirements of Title VI of the Civil Rights Act of 1964, § 808 of …

(a) The responsibility and authority for the enforcement of this policy pertaining to the ASG Affirmative Action Plan and its goals are vested in the director, office of manpower resources, ASG, who will be responsible for the implementation, administration, and compliance of the…

An EEO compliance officer (EEOCO) shall be appointed within the office of manpower resources and will have the responsibility of promoting, coordinating and monitoring this plan. The duties and responsibilities of the EEOCO are as follows: (a) Following the policy statement and A…

ASG’s EEO policy and Affirmative Action Plan will require an overall understanding of each department/agency head about his or her role in meeting ASG goals and objectives. Each department/agency head shall appoint an EEO coordinator. Every effort will be directed in educating AS…

All nonfederal or nonfederally assisted projects, contractors, subcontractors, developers, consultants, appraisers, and other technical specialists will be informed by ASG that anyone seeking a contract with ASG must undertake a program of equal employment opportunity. Any compan…

Grievances and appeals resulting from the implementation of this plan shall be handled in accordance with the procedures outlined in Chapter 09 of the ASG Personnel Administration Regulations. History: Rule 10-81, eff 29 Jul 81, § 11.2(f).

(a) The rule codified in this section is issued under the authority of Section 6 of Article IV of the Revised Constitution of American Samoa. (b) It is the policy of the ASG to provide and promote equal opportunity in employment to people without discrimination because of race, c…

It is the policy of the ASG to provide and promote equal opportunity in employment to people without discrimination because of race, creed, color, sex, religion, national origin, age, handicaps, marital status, political affiliation, or other nonmerit consideration. Pursuant to 7…

The ASG has an obligation to the citizens of the territory to utilize and develop the talents and abilities of each employee to the maximum extent. It is therefore necessary to establish and operate programs in order to: (1) improve public service; (2) increase efficiency and eco…

(a) Director, office of manpower resources: (1) is responsible for administering the ASG, personnel program and for providing full support for and maintenance of the ASG employee development and training activities; (2) will provide technical advice and assistance in the developm…

(a) The Governor’s employee development and training advisory committee will consist of representatives from each governmental agency and top state officials appointed by the Governor. The director, office of manpower resources will be the Governor’s representative and preside as…

Agencies, in establishing their employee development and training. plans, are to include but not be limited to the following: (a) Induction Training. Induction training consists of two phases: (1) Orientation training: Orientation training will be given each new employee upon ent…

(a) Records. (1) Basic records: Agencies will establish necessary records for employee development and training. (2) Letters of completion: Departments will prepare, for documentation in official personnel jackets, letters of completion for individuals completing satisfactorily a…

The rule codified in this section and 4.1311 is adopted under the authority of 7.1002 ASCA and the delegation under 4.0 131 ASCA of the rule-making authority vested in the director of manpower resources therein to the director of administrative services. History: Rule 18-80, eff …

(a) Effective 14 Jul 80 the per diem rate for travel on temporary official business away from a permanent duty station in the territory by an employee of the ASG between the island of Tutuila, the Manu ‘a group of islands and Swains Island is $40 per day. (b) To be entitled to th…