Title 7 — Government Employees

(a) There is created a Personnel Advisory Board consisting of 7 members appointed by the Governor, one of whom is designated by the Governor as chairman. (b) The members of the Personnel Advisory Board serve without pay for their duties as members of the Board. History: 1962, PL …

(a) The primary duties and responsibilities of the Personnel Advisory Board shall be: (1) to investigate and make recommendations for improvements to the Governor with regards to the manpower resources requirements, needs and development of the American Samoa Government, and in c…

Any person who commits perjury before or is in contempt of the Personnel Advisory Board shall be punished as though the offense were committed before the High Court of American Samoa. History: 1962, PL 7-22.

All administrative appeals and grievances of government employees shall be referred to the Administrative Law Judge for hearing and disposition in accordance with the regulations of the American Samoa Government. History: 1998, PL 25-37 § 6.

In addition to any duty assigned by the Governor, the Director of Human Resources shall: (1) apply and carry out the provisions of this chapter and 7.0201 et seq.; (2) be executive secretary of the Personnel Advisory Board; (3) establish and maintain a roster and other records of…

The general purpose of this chapter is to establish for the government a system of personnel administration which will assure equitable treatment of employees of the government and a merit system based on recognized principles of appointment, promotion, termination, and other asp…

For the purposes of this chapter: (a) “Disabled veteran” means an individual who has served on active duty in the armed forces of the United States, has been separated therefrom under honorable conditions, and has established the present existence of a service-connected disabilit…

The career service includes all employees of the government except contract employees, federal employees, district, county, and village officials, members and employees of the Legislature and judges. Notwithstanding the above, the employees of the Legislative Reference Bureau, ex…

(a) It is the declared policy of the government that all appointments and promotions to positions in the career service of the government shall be made solely on the basis of merit, fitness, and length and quality of previous service. (b) Merit and fitness shall, whenever practic…

(a) Applicants to the career service shall be required to take preemployment physical examinations. (b) Any person entering the career service shall be a resident of American Samoa and either an American Samoan or an American national at the time he enters the service. If no resi…

(a) The Director of Manpower Resources shall establish the procedure for filling vacancies in the career service on a permanent basis from among eligible candidates for employment. (b) When practicable, competitive examinations shall be held, resulting in establishment of registe…

(a) Appointments shall be in one of the following categories: (1) Appointment. Appointment without time limitations, to a position in the career service, of any eligible candidate selected from an appropriate examination or applicant supply file certificate as described in sectio…

An individual employed in the career service, who is ordered to active or reserve duty in the armed forces of the United States, is entitled within 120 days after his release from duty under honorable conditions, to be restored to the position in the career service held by him wh…

A preference eligible who has been separated or furloughed from the career service without delinquency or misconduct, on request, is entitled to have his name placed in the appropriate register or applicant supply file for every position for which his qualifications have been est…

Any person who willfully makes false statements concerning a material matter on any application for employment with the government shall be fined in an amount not to exceed $100, or imprisoned for not more than 6 months, or both. History: 1962, PL 7-22.

(a) Employees appointed without time limitation in the career service shall serve a probationary period of 1 calendar year from the effective date of such appointment during which period their service may be terminated at any time without a hearing as provided under section 7.080…

All members of the career service shall be residents of American Samoa during the term of their employment. History: 1962, PL 7-22; 1967, PL 10-30; 1970, PL 11-98.

All members of the career service shall take annual physical examinations. History: 1962, PL 7-22; 1967, PL 10-30; 1971, PL 12-27 § 2.

(a) Subject to subsection (b), the head of each department and independent agency in the executive branch of the government shall obtain, under rules adopted by the Treasurer, blanket, position schedule, or other types of surety bonds covering the officers and employees of the de…

(a) It shall be the duty of the Director of Manpower Resources to ascertain, record, and evaluate the duties and responsibilities of all positions in the career service and to establish classes for positions which are sufficiently similar so that they can be described by the same…

The Director shall provide in contracts with contract employees a provision prohibiting them from engaging in private business in American Samoa, either directly or indirectly in any form whatsoever, during the terms of their contracts. History: 1977, PL 15-43.

A person convicted of a crime involving stealing, embezzlement, or misappropriation of property, which is classified as a felony in American Samoa, shall be ineligible for employment as a contract employee with the government. A contract employee of the government, who is subsequ…

Employees in the career service may be demoted, suspended, or removed for below standard job performance, misconduct on the job, misconduct off the job which reflects adversely on the government, conviction of a felony, sentence to prison for 30 days or more upon conviction of a …

(a) Any employee in the career service serving under an appointment without time limitation, regardless of whether he has completed his probationary period, may be suspended without pay as a disciplinary measure for a period not to exceed 30 calendar days. (b) When considered app…

(a) Any employee in the career service serving under an appointment without a time limitation who has completed his probationary period may be removed for cause or demoted on any ground set out in 7.0801. (b) When considered appropriate, such action shall be recommended in writin…

When an employee, without good cause, fails to report for duty for 5 or more consecutive workdays, it shall be considered that he has abandoned the position and his department head may recommend that the Director of Manpower Resources take appropriate action for termination of th…

Any employee may resign his position for any reason. The resignation should be submitted in writing and shall be accepted upon a satisfactory showing that the employee has returned all government owned equipment and supplies used by him in his employment and that he is not indebt…

(a) Abolishment of an encumbered position in the career service due to lack of work or funds, or reorganization, and separation of the incumbent from such position, shall constitute a reduction in force. (b) The Director of Manpower Resources shall establish and administer rules …

(a) It is unlawful for an employee of the government to: (1) use his official authority or influence as an officer or employee of the government for the purpose of interfering with or affecting the result of an election or a nomination for office; (2) directly or indirectly sugge…

(a) A compensation plan shall be established for the career service, which will permit the payment of either an annual salary or hourly wage dependent on the type of work performed. The plan shall provide for maximum and minimum salary and wage rates and such intermediate steps a…

The Director of Manpower Resources shall adopt rules under the Administrative Procedure Act, 4.1001 et seq. consistent with other equitable per diem rates, a schedule of per diem rates for travel between the island of Tutuila, the Manu’a Group of Islands and Swains Island. Histor…

The Government shall adopt an incentive award program to provide a method of recognizing employees who show exceptional resourcefulness or skills, or perform exceptional acts. History: 1967, PL 10-30.

(a) Leave without pay, annual leave and sick leave shall be granted in accordance with regulations issued by the Governor; provided, however, that any regulation to the contrary notwithstanding, leave without pay shall be freely granted to any government employee for the purpose …

(a) “Sick leave” means absence from duty because of illness or other physical disability or exposure to contagious disease. (b) An employee given leave with pay on account of sickness for longer than 3 working days must supply on demand a certificate from a physician or medical p…

(a) Employees in the career service shall be entitled to annual leave, which shall accrue as follows: (1) four hours for each full biweekly pay period in the case of employees with less than 3 years of service; (2) six hours for each full biweekly pay period, except that the accr…

Upon recommendation of the Director of Education, the Governor may authorize a special system of vacations for teaching personnel. History: 1962, PL 7-22.

(a) The public holidays in American Samoa shall be paid holidays for government employees. (b) If any public holiday is observed by federal employees on a different day from that specified in 1.0501, the day of observance for employees of American Samoa shall conform to that prov…

(a) The purpose of the Government Retirement Fund shall be to provide retirement annuities for the employees of the government who become aged, thereby enabling the employees to accumulate reserves for themselves in order to meet, without prejudice or hardship, the hazards of old…

The fund shall be known as the “American Samoa Government Employees’ Retirement Fund”. In such name or for the account thereof all of its business shall be transacted, all of its money invested, and all of its cash, securities and other property shall be held. History: 1971, PL 1…

As used in this chapter: (a) “Actuary” means any actuary that is qualified and has been engaged by the Board to provide actuarial services. (b) “Average annual salary” means the highest average annual salary received by a member during any 3 consecutive years of creditable servic…

(a) The Senate and the House of Representatives shall establish retirement fund standing committees. (b) All proposed legislation which concerns membership in the Fund, benefits paid by the Fund, contributions to the Fund, investment of Fund assets, or management of the Fund shal…

(a) The responsibility for the proper administration of the fund and the direction of its policies shall be vested in a Board of Trustees consisting of five members as follows: three members appointed by the Governor, who shall be members of the Fund having at least five years of…

The Board of Trustees shall have, in addition to other duties arising out of this chapter. the following duties: (1) establish and maintain an office, in the facilities provided by the government; provided however that should the trustees determine that facilities provided by the…

The Executive Director shall be in charge of the administration of the detailed affairs of the Fund. He shall keep all books, records, files, and accounts of the Fund and receive all applications for annuities, benefits, and refunds. He shall prepare periodic reports relative to …

(a) Subject to the approval of the Board, the Executive Director may employ an assistant director and such clerical, medical or other assistance as shall be necessary for the proper administration of the fund. Subject to the approval of the Board, the Executive Director may also …

The Fund shall save harmless, indemnify and defend all Trustees of the Board, officers, employees and attorneys of the fund from financial loss arising out of any claim, demand, suit or judgment by reason of alleged negligence or other act by such trustee, officer, employee, or a…

The following employees shall be members of the Fund and subject to the provisions of this chapter: (a) All employees, regardless of age or length of service, in the service of the government on the operative date of the fund, shall become members of the Fund by virtue of their e…

The following employees are not eligible for membership in the Fund: (1) a person occupying a position whose duties will not permit service for more than 100 days per year; (2) a person whose services are compensated on a fee basis; (3) an independent contractor; (4) a person who…

(a) Credit for service prior to the operative date of the Fund is granted as follows: (1) Every employee who becomes a member of the fund on its operative date shall be entitled to prior service credit, without cost to himself, for periods of prior employment during which he has …

(a) The contributions required pursuant to 7.1430 for the purchase of creditable service, with the exception of subsection (b) thereof, shall be computed by multiplying the member’s normal monthly contributions at the time the request for credit is initiated by the number of mont…