American Samoa Administrative Code

There shall be no discrimination in employment against any person on the basis of race, religious beliefs, color, age, sex, national origin, marital status, or physical and mental handicap, except for bona fide occupational or legal requirements. History: Rule 11-84, eff 19 Dec 8…

The definitions set out in this chapter apply throughout these regulations, unless the context clearly indicates another meaning. History: Rule 11-84, eff 19 Def: 84, (part).

“Abandonment of position” means failure of an employee to report for duty or to return from leave for five or more consecutive work days. History: Rule 11-84, eff 19 Dee 84, (part).

“Accrued leave” means leave earned by an employee during the current calendar year that is unused at any given time during that calendar year. History: Rule 11-84, eff 19 Dec 84, (part).

“Accumulated leave” means unused leave remaining to the credit of an employee at the beginning of a new calendar year. History: Rule 11-84, eff 19 Dee 84, (part).

“Acting appointment” means a temporary appointment made to a supervisory or managerial position. History: Rule 11-84, eff 19 Dec 84, (part).

“Agency” refers to ASPA. History: Rule 11-84, eff 19 Dec 84, (part).

“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 11-84, ef…

“Appeal” means a response by an individual to action taken against him or her. The right of appeal ex tends to such actions as classification decisions, disciplinary actions, actions of alleged discrimination, and such other actions as provided for in these regulations. History: …

“Appointing authority” means the person lawfully authorized to make appointments. The appointing authority for ASPA is the Executive Director. History: Rule 11-84, eff 19 Dec 84, (part).

“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 as…

“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 1 1-84, eff 1 9 Dec 84, (part).

“ASG” means the American Samoa Government, as does “the government”. History: Rule 11-84, eff 19 Dec 84, (part).

“ASPA” means the American Samoa Power Authority, as does “the agency”. History: Rule 11-84, eff 19 Dec 84, (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 11-84, eff 19 Dec 84, (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 11-84, eff 19 Dec 84, (part).

“Basic training”, as part of induction, means the fundamental or essential training required for a position. History: Rule I1 -84, eff 19 Dec 84, (part).

“Board” means the Board of Directors of the American Samoa Power Authority. History: Rule 11-84, eff 19 Dec 84, (part).

“Bumping” means the replacement of an incumbent subject to reduction-in-force by another employee who has greater seniority. History: Rule 11-84, eff 19 Dec 84, (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 persons for permanent employment. Entry is normally through competitive examination, and formalized channels …

“Certificate of eligibles” means the official document from which eligibles are considered for employment. History: Rule 11-84, eff 19 Dee 84, (part).

“Certification” means the process by which the names of qualified eligibles are determined. History: Rule 11-84, eff 19 Dee 84, (part).

“Chairman of the Board” refers to the Chair- man of the Board of Directors of ASPA. History: Rule 11-84, eff 19 Dee 84, (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 11-84, eff 19 Dee 84, (part).

“Compensatory time” means time off in lieu of cash payment for over-time. History: Rule 11-84, eff 19 Dec 84, (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 11-84, eff 19 Dec 84, (part).

“Conference leadership” means the art of planning, leading, guiding, and directing a conference. History: Rule 11-84, eff 19 Dec 84, (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 or her public duties and responsibilities. The potential conflict is of concern whether it is real or a…

“Contagious disease” means a disease requiring isolation of the patient, quarantine, or restriction of movement, as prescribed by health authorities. History: Rule 11-84, eff 19 Dec 84, (part).

“Contract specialist” means a person who has entered into an agreement with ASPA to perform specified duties and responsibilities for a specific period of time, who is not in the ASPA career service. History: Rule 11-84, eff 19 Dec 84, (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 11-84, eff 19 Dec 84, (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 11-84, eff 19 Dec 84, (part).

“Demotion” means change of an employee from a position in one class to a position in another class having a lower salary range. History: Rule 11-84, eff 19 Dec 84, (part).

“Department” means a division of ASPA headed by a manager appointed by the Executive Director. History: Rule 11-84, eff 19 Dec 84, (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 11-84, eff 19 Dec 84, (part).

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

“Director” means the Executive Director of ASPA. History: Rule 11-84, eff 19 Dec 84, (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 of or of a probationary employee as specified in this article. History: Rule 11-84, eff 19 Dec 84, (part).

“Education” means the formal impartation or acquisition of knowledge, skill, or discipline of mind. History: Rule 11-84, eff 19 Dec 84, (part).

“Educational counseling” means the act of conferring with a person for the purpose of aiding him or her in making choices and adjustments relating to schools, course, curriculum, and study. History: Rule 11-84, eff 19 Dec 84, (part).

“Elevation” means restoration of an employee to the higher classification, with permanent status, which he or she had prior to having been granted a voluntary demotion. History: Rule 11-84, eff 19 Dec 84, (part).

“Eligible” means an applicant whose name is on a register of persons who have qualified for a particular class of positions. History: Rule 11-84, eff 19 Dec 84, (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 ex tended as provided by these regulations. History: Rule 11-84, eff 19 Dec 84, (part).

“Employee” means any individual employed by ASPA under the authority of the Executive Director. History: Rule 11-84, eff 19 Dec 84, (part).

“Employee development” means all planned, supervised experience, training, and/or education that enhances the individual’s usefulness as an employee, and promotes his or her work- life growth. History: Rule 11-84, eff 19 Dec 84, (part).

“Employee relations” means the contacts and relationships between management and the employees in an organization. History: Rule 11-84, eff 19 Dec 84, (part).