American Samoa Administrative Code

An employee shall not accept from or bestow upon any person or organization with which he or she deals officially anything of economic value, such as a gift, loan, or gratuitous service. No employee shall solicit or make a contribution for a gift for an official superior nor acce…

It is the policy of ASPA to accord the public free access to certain information about its activities. Employees should confine statements made in their official capacity to factual matters, and statements on policies and programs should be limited to those policies and programs …

An employee may not knowingly advocate the overthrow of the constitutional form of government through membership in any organization which asserts the right to militate against the United States, ASG, or ASPA. History: Rule 11-84, eff 19 Dec 84, (part).

No person with authority to take or recommend a personnel action relative to a person in, or an eligible applicant for, a position at ASPA may make inquiry concerning his or her political affiliation. All disclosures concerning political affiliation shall be ignored except member…

Employees shall not engage in unlawful political activities as defined in 7.0807 ASCA (see Appendix 1). Where doubt exists as to the legality of certain activities, the employee shall request a ruling in writing from the Executive Director. History: Rule 11-84, eff 19 Dec 84, (pa…

Employees of ASPA are expected to satisfy their financial commitments. Failure to meet one’s obligations reflects adversely on one’s standing as an ASPA employee. History: Rule 11-84, eff 19 Dec 84, (part).

Because contracts with its own employees are considered to be against public policy, such contracts are not permitted at ASPA except where it is clearly shown that the interests of ASPA are the major consideration to be served thereby. The only announced exception to this policy …

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 the policy of ASPA 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 voluntar…

(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 ASPA. (…

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) The Executive Director 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. (b) An involuntary reassignment is consider…

When an employee fails to report for duty or to return from leave for ten or more consecutive workdays, he or she may be considered to have abandoned his or her position. Care must be taken, however, before a final decision is made, to ascertain that the employee has truly abando…

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

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

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

The standard ASG clearance form must be completed by all terminating employees and kept on file by ASPA. History: Rule 11-84, eff 19 Occ 84, (part).

Career employees may file appeals on matters concerning their suspension, involuntary demotion, or removal. History: Rule 11-84, eff 19 Dec 84, (part).

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

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

The Executive 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 or her application to have been improperly evaluated and/or any employe…

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 or she signs…

(a) In addition to permanent contract specialists, ASPA will hire contract specialists to fill temporary positions or to work on temporary special projects. These temporary contract specialists are not en titled to career service status as defined by Chapter 7.13 ASCA (i.e., they…

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 or she signs, the needs of ASPA w…

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

(a) Entitlement at Hiring and Separation. ASPA will furnish transportation for the contract specialist and” his or her dependents, his or her household goods and professional materials from his or her permanent residence to American Samoa. If the contract specialist has fully per…

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

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

ASPA may discharge the con tract specialist and terminate his or her 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 spe…

(a) If the health of the contract specialist or that of any dependents, through no fault of his or her own, becomes so impaired that, in the judgment of ASG’s Director of Health, he or she should not remain in American Samoa, he or she may resign and receive full benefits accordi…

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

If employment of the contract specialist continues beyond the term of service specified in his or her 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 …

(a) Contract specialists are expected to conduct themselves both on and off the job as employees of ASPA. Rules regarding outside work, conflict of interest, and political activities published elsewhere in these regulations apply equally to contract employees. (b) A contract spec…

(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 or her continued employment shall not be deemed a waiver by either party of his or her claim. ASPA consents…

Nominations for training of contract specialists shall be submitted to the Executive Director or the Board of Directors, who shall retain discretion for approval or disapproval. No contract specialist shall be recommended for training to gain skills or knowledge which he or she m…

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

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 or her agreement is executed and who will reside with him or her in American Samoa for at least one year of the term…

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

(a) It is the policy of ASPA 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) Pursuant…

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. ASPA will follow ASG’s affirmative action plan. This EEO-AA plan is intended to conform to federal requirements of Tit…

(a) The responsibility and authority for the enforcement of this policy pertaining to the ASPA Affirmative Action Plan and its goals are vested in the Executive Director, who will be responsible for the implementation, administration, and compliance of the EEO policies and AA pla…

The EEO compliance officer (EEOCO), appointed within the Office of Manpower Resources, will have the responsibility of promoting, coordinating and monitoring ASPA’s plan. The duties and responsibilities of the EEOCO as defined in the ASAC are as follows: (a) Following the policy …

ASPA’s EEO policy and Affirmative Action Plan will require an overall understanding of each department head about his or her role in meeting ASPA goals and objectives. The Executive Director shall appoint an EEO coordinator. The EEO coordinator will direct every effort in educati…

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

Grievances and appeals resulting from the implementation of this plan shall be handled in accordance with the procedures outlined in the chapter of these regulations which addresses appeal, grievance and administrative review. History: Rule 11-84, eff 19 Dec 84, (part).

ASPA’s policy, 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, shall be implemented in ac…

ASPA has an obligation to its employees 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) Im prove public service; (2) Increase efficiency and economy; (3) Build an…