American Samoa Administrative Code

The Executive Director has primary responsibility for establishing and administering procedures for filling vacancies in compliance with appropriate federal and ASPA rules. However, all employees and supervisors share responsibility for the successful operation of the system. (a)…

Vacancies can either be filled competitively or noncompetitively. (a) Competitive procedures apply to the following types of actions: (1) Selection of an applicant not employed by ASPA for either a permanent or temporary appointment; (2) Promotion of an employee in the career ser…

In filling vacancies competitively, all recruitment efforts shall be conducted publicly in a manner which will attract a sufficient number of qualified persons to meet the needs of ASPA. Position action requests will be completed for all new positions or changes to existing posit…

All applications shall be on a form prescribed by the Executive Director. The applicant’s signature shall certify the truth of the stated information. Applications shall remain under active consideration by ASPA for one year from the date received. (a) No information shall be sol…

(a) Accepted standards of personnel practice will be followed in screening applicants. An interview form will be filled out for all applicants interviewed by ASPA by either the department head or other appropriate interviewer. The form is routed to the Executive Director at the c…

The Executive Director or his or her designated representative shall determine, by uniform standards, the appropriate examination for a register for a class and the tests or combination of tests and relative weights to be assigned, ensuring at all times that the examinations are …

(a) In open competitive examinations, eligible veterans shall receive preferential consideration as follows: (1) Ten additional points to a disabled veteran. This preference shall be utilized in the open competitive examination only and not in any promotional examination; (2) Fiv…

The following types of registers shall be established and maintained by ASPA: (a) Reduction-in-force Register. (1) Composition. A reduction-in-force register will be prepared for each classification, listing the names of all employees who have permanent status and have been notif…

Authorized position vacancies can only be filled from the list of eligible applicants. (a) Upon identifying the need to fill a position, the Executive Director shall cause to be prepared an eligible list consisting of: (1) Names of eligible applicants from the reduction-in-force …

(a) Career Service Appointments. Career service appointments are always made through open competitive civil service examination procedures to fill permanent, regularly budgeted positions from the open or promotional registers. They always require a probationary period of one year…

(a) Any person who has satisfactorily completed a probationary period in the career employee service and who has separated therefrom, may be reinstated to a position with the same or similar duties to those he or she previously performed, provided his or her reemployment is not p…

The following types of in-service placement exist wi thin the career service: (a) Promotion. (1) No employee shall be eligible to be hired from a promotional register until he or she has gained permanent status; however, a probationary employee may be admitted to a promotional ex…

An employee who has retired may be reemployed under this chapter but his or her annuity shall be suspended during the period of reemployment under these regulations. History: Rule 11-84, eff 19 Dec 84, (part).

In keeping with the objectives of the American Samoa Code Annotated, the Executive Director shall develop and maintain an agency-wide classification and pay system based on objective, consistent, and timely classification of all positions within the agency and shall apply reasona…

(a) ASPA shall maintain current position descriptions covering each career service position authorized in the agency. Each supervisor is responsible for reviewing the descriptions once each year for accuracy. Descriptions for all ASPA positions are included in Section III of this…

The classification and compensation plan of the agency shall provide for two separate segments: (a) The general schedule (GS) which applies to the “white collar” positions and which is based on “equal pay for substantially equal work.” (b) The wage grade schedule (WG), which appl…

The Executive Director shall develop and maintain a position classification system which shall provide for the placement of each position into an appropriate class. This includes: (1) The establishment of written class specifications which describe each of the various classes wit…

(a) The effective date of an initial classification action shall be the date action is officially taken to classify the position. (b) The effective date of any subsequent classification action shall be the beginning of the pay period immediately following the date of notice of ac…

An administrative review may be requested by an employee or designated representative or by the department head within 10 days after the effective date of the classification or reclassification action. (a) The request for administrative review must be in writing and shall contain…

(a) The white collar pay schedule shall be known as the general pay schedule and shall be as follows (effective January 7, 1980: revised July 1, 1981): GRADE 1 2 3 4 5 6 7 8 9 10 GS-18 30,684 31,984 33,284 GS-17 26,916 28,086 29,256 30,426 31,596 32,766 GS-16 23,405 24,575 25,745…

(a) Every employee is entitled to an annual step-increment increase at the beginning of the pay period immediately following his or her service year preceding such increase. (b) A service year is 52 weeks of continuous service in his or her present grade and step, which shall inc…

(a) Applicability. This section applies to all career service employees and certain contract employees whose contracts permit overtime or compensatory time, with the exception of employees in second or third jobs. (b) General Provisions. (1) Every employee is entitled to receive …

(a) It is recognized that some positions at times involve intrinsically hazardous working conditions, justifying “hazard pay”. “Hazard pay” is pay additional to the normal hourly pay for the position, payable to employees while actually engaged in the hazardous activities. Upon t…

(a) Each department which has responsibilities requiring work around the clock will set up 3 shifts; the normal morning to afternoon is known as the “day shift”; the shift beginning in the afternoon into the evening is known as the “swing shift”; and the late night to morning shi…

It is recognized that maximum efficiency on the job can be obtained only by permitting employees to have time off with pay for purposes of rest, recreation, and to meet personal and family needs. It is also considered essential to the maintenance of a stable, satisfied, and produ…

(a) The department of administrative services of the American Samoa Government is responsible for the maintenance of employee leave records and furnishing advance relative to all leave records matters. (b) The Executive Director is responsible for all policy matters pertaining to…

(a) The following public holidays are designated by statute and are paid holidays for agency employees: (1) New Year’s Day, January 1; (2) Washington’s Birthday, the third Monday in February; (3) Good Friday, the Friday before Easter; (4) Flag Day, April 17; (5) Memorial Day, las…

Holidays shall be observed as provided below: (a) For employees with workdays on Monday through Friday, if a holiday falls on: (1) Saturday, it is observed on the Friday preceding the holiday; (2) Sunday, it is observed on the Monday following the holiday: (3) Workday, it is obse…

(a) Accrual. To earn leave an employee must be employed during a full biweekly pay period. He or she is considered to have been employed for a full pay period if he or she is in a pay status of an agency on all days falling within the pay period exclusive of holidays and non- wor…

Sick leave is for use when an employee is physically incapacitated to do his or her job, or for such related reasons as exposure to a contagious disease that would endanger the health of co-workers, presence of contagious disease in an employee’s immediate family which requires h…

Leave without pay is a temporary absence from duty in nonpay status granted upon the employee’s request and at the discretion of management. The permissive nature of leave without pay distinguishes it from absence without leave (AWOL), which is a nonpay status resulting from a pe…

Leave without pay shall be freely granted to any government employee for the purpose of campaigning as a candidate for public office in American Samoa for a period beginning 30 days before and ending 10 days after the date set for election. History: Rule 11-84, eff 19 Dec 84, (pa…

Maternity leave, a period of approved absence for incapacitation related to pregnancy and confinement, is chargeable to sick leave or any combination of sick leave, annual leave, and leave without pay, in the order given. (a) Employees are required to request maternity leave subs…

(a) General Provisions. A full-time employee who serves under an appointment without time limitation and who is a member of a reserve component of the Armed Forces of the United States, the U.S. Public Health Service, or the National Guard is entitled to leave of absence for annu…

(a) Excused absence is absence from duty duly authorized by the Executive Director, without charge to annual leave or loss of payor service credit, under the circumstances described below: (1) To take an employment examination for a position currently occupied or one to which the…

Unauthorized absence shall be treated as be grounds for absence without pay and may disciplinary action. History: Rule 11-84, eff 19 Dec 84, (part).

(a) Earning of Credits. An officer or employee who is absent from work because of injuries/illnesses incurred within the scope of his or her employment and who is receiving workers’ compensation wage loss replacement benefits, such as temporary total disability and temporary part…

All employees of ASPA are eligible to receive retirement benefits through the ASG Employee Retirement Plan, according to provisions of the Plan as specified by Chapter 7.14 ASCA. History: Rule 11-84, eff 19 Dec 84, (part).

It is the policy of ASPA to provide a method which affords recognition of exceptional skills, resourcefulness, or exceptional acts of employees. The purpose of the incentive awards program, therefore, is to provide a device by which recognition may be afforded an employee or a gr…

(a) It is the responsibility of the business/finance manager, after consultation with department heads and the Executive Director, to budget annually a specified fund for payments of cash awards under the program. (b) It is the responsibility of a representative committee, known …

An employee is eligible to be considered for a cash award by presenting to the chairman of the incentive awards committee, in writing, his or her suggestions for improvement of ASPA operations. History: Rule 11-84, eff 19 Dec 84, (part).

A cash award may be made when a career service employee’s or contract specialist’s performance over a 6-month period substantially surpasses the normal requirements of his or her position or he or she performs a special assignment in above average manner without adversely affecti…

A special act or service may be contributed during an emergency, in connection with a special program or activity, or by creative efforts important to administration, science, or research and characterized as a nonrecurring situation. Any employee is eligible to be considered for…

When a contribution has been made by more than one employee or by a group of employees, all who have contributed, including supervisors, may share equally or proportionately in the group cash award; however, the total amount of the award is as if made to an individual. Where indi…

Effective on and after January 6, 1980, employees who are awarded service certificates will also receive a tenure award in cash as follows: (1) Twenty-year certificate, $500; (2) Thirty-year certificate, $750; (3) Forty-year certificate, $1,000; (4) Retirement certificate, $100. …

The ASPA Advisory Committee, consisting of all managers and supervisors, recognizes an operator each month as Operator of the Month. The Advisory Committee uses two forms to evaluate operators, a daily report and a weekly inspection report. History: Rule 11-84, eff 19 Dec 84, (pa…

It is the policy of ASPA to urge its career service employees and contract specialists to cultivate those personal qualities which characterize a good employee’s loyalty to ASPA: a sense of responsibility for the public trust and a standard of personal deportment which is a credi…

Any criminal, dishonest, immoral, or any other conduct on the part of an employee which would adversely affect ASPA will be cause for his or her removal from employment. Gambling or the use of alcoholic beverages by employees in ASPA buildings, construction sites, or offices will…

An employee is required to carry out the announced policies and programs of ASPA. While policies related to his or her work are under consideration, he or she may, and is expected to, express his or her opinions and points of view, but once a decision has been rendered by those i…

Employees and other persons are prohibited from selling or soliciting for personal gain within a building occupied or used by ASPA without proper permission. This prohibition does not apply to: (1) Authorized or installed business activities; e.g. employee cafeterias, etc.; (2) S…