text:
Chapter 04 - LBJ American Samoa Medical Center Authority Personnel Rules
Chapter 04 - LBJ American Samoa Medical Center Authority Personnel Rules
11.0401 Definitions.
The following definitions apply throughout this Manual unless clearly indicates another meaning:
ABANDONMENT OF POSITION – Failure of an Employee to report for duty or to return from leave for five or more consecutive work days.
ACCRUED LEAVE – Leave earned by an employee during the current leave year that is unused at any given time during that leave year.
ACCUMULATED LEAVE – Unused leave remaining to the credit of an employee at the beginning of a leave year.
ACTING APPOINTMENT – A temporary appointment made from within LBJ-ASMCA to a supervisory or managerial position.
ADMINISTRATIVE LEAVE – Leave which is proclaimed by the Governor. This would cover such items as national days of mourning, natural disaster, power failures, etc. Only the Governor is authorized to grant administrative leave.
AGENCY – A department, office, or other separate unit or division of LBJ-ASMCA established by law or the Chief Executive Officer, upon which is conferred powers and imposes duties in connection with operations of LBJ-ASMCA.
ANNUAL LEAVE – Leave as authorized absence from duty with pay to allow an employee an annual vacation period for rest and relaxation and to provide time off for personal reasons. The use of annual leave must be officially authorized prior to being taken.
APPEAL – Response to an adverse action against an employee. The right of appeal extends to such actions as classification decisions, disciplinary actions, actions of alleged discrimination and such other actions as provided for in this manual.
APPOINTING AUTHORITY – The person that is lawfully authorized to make appointments. The appointing authority for the LBJ American Samoa Medical Center Authority is the Chief Executive Officer (CEO).
AREA OF COMPETITION – The area from which candidates for vacancies or examinations are drawn. Areas of competition can be limited to a single agency or to ASG upon approval of the Chief Executive Officer.
LBJ-ASMC – For the purposes of this manual, LBJ-ASMCA means LBJ-American Samoa Medical Center Authority. BASIC SALARY RATE – The dollar amount of the step of the salary range to which an employee is paid at before any deductions. BOARD – As used in this Manual, is the Governing Board of Directors which hears and renders decision on all appeals filed by employees. BUMPING – The replacement of an incumbent, subject to reduction-in¬ force by another employee who has higher seniority.
CAREER LADDER – The type of position structure within an organization, for occupational field which provide for the assignment of higher level of duties and responsibilities upon an employee assumption of the required knowledge's and abilities so that upward mobility is available from entry-level or trainee positions to senior or specialist positions. Such position patterns provide for increased career development opportunities for employees but at the same time must meet the organization's needs and objectives.
CAREER SERVICE – Includes all employees of LBJ ASMCA except contract specialist. All career service employees are members of the ASG Employees' Retirement Fund.
CERTIFICATION – A process whereby employees who have passed the examination for a given class are eligible to be considered for vacancies in that class.
CLASS – Identification of a position or a group of positions sufficiently similar in duties so that the same requirements of training, experience, skills, and salary range may be applied.
COMPENSATORY TIME – Time off in lieu of cash payment for overtime.
COMPETITIVE PERSONNEL ACTION – Type of personnel action which can be effected only if applicable competitive procedures (i.e., those governing advertising examining) have taken place.
CONFLICT OF INTEREST – A situation in which an employee's private interests, usually of an economic nature, conflict or raise a reasonable question of conflict with his public duties and responsibilities. The potential conflict is of concern whether it is real or apparent.
CONTRACT SPECIALIST – A person who has entered into an agreement with the LBJ American Samoa Medical Center Authority to perform specified duties and responsibilities for a specific period of time.
DEMOTION – Change of an employee from a position in another class having a lower salary range.
DEPARTMENT – An independent entity---Executive Branch headed -¬----the Chief Executive Officer nominated by the Governing Board and confirmed by the Senate. This term includes departments, offices and agencies.
DESIRABLE QUALIFICATION – 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.
DETAIL – The temporary assignment of an employee to a different position for a specified period with the employee returning to his regular duties at the end of the detail. Technically, a position is not "filled" by a detail, as the employee continues to hold the position from which the employee is detailed.
DIRECTOR – As used in this manual, the Chief Executive Officer of LBJ-ASMCA.
DISABLED VETERAN – 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 statute administered by the Veteran's Administration or a military department of the United States.
DISMISSAL – The termination of employment of a permanent employee or contract specialist for cause or of probationary employee as
specified in this manual.
DIVISION – As used in this Manual, the Human Resources Division.
DOUBLE TIME PAY – Pay which is twice the regular rate of pay of an employee.
ELEVATION – Restoration of an employee to the original classification, with permanent status, which the employee held prior to having been granted a voluntary demotion.
ELIGIBLE – An applicant whose name is on a register of persons who qualified for a particular class of position.
EMERGENCY APPOINTMENT – An appointment to a position pending the establishment of a register for that -------------not to exceed six (6) months.
EMPLOYEE – Any individual who works for LBJ-ASMCA under the Appointing Authority of the Chief Executive Officer.
EXCUSED ABSENCE – An absence from duty, duly authorized the supervisor or Chief Executive Officer, without charge to annual leave or loss of pay or service credit and which is authorized for such circumstances as jury duty, military training, voluntary blood donation, or any other good cause as approved by the Chief Executive Officer and reaffirmed by LBJ¬ASMCA Governing Board.
EXECUTIVE UNGRADED POSITIONS – Those positions of cabinet rank within the Executive Branch and Special or Executive Advisors to the Governing Board.
EXEMPT POSITION – Any position designated as exempt from the overtime provisions of the Fair Labor Standards Act. Professional executive and administrative positions are usually exempt and such positions are coded "E" in the job codes.
FAIR LABOR STANDARD ACT (FLSA) – A U.S. Law that contains provisions and standards concerning minimum wage, equal pay, overtime pay, recordkeeping and child labor. The Act is administered by U.S. Department of Labor's Wage and Hour Division.
FULL-TIME EMPLOYMENT – Regularly scheduled employment requiring an average of 40 hours of work per week. However, for certification from a register, work between 32-40 hours per week shall be considered full-time.
FURLOUGH – Placing an employee on leave without pay because of lack of funds or curtailment of work when it is intended to recall him to duty within one year, or thirty days if it is a short furlough, and to recall him to the position he held at the time of furlough.
GOVERNMENT (ASG) – For the purpose of this manual ASG means the American Samoa Government.
GRIEVANCE – An Employee's expressed feeling of dissatisfaction with aspects of the employee's working conditions and working relationships which are outside of the employee's control. A grievance is not an appeal.
HOLIDAYS – Days set aside to celebrate a religious, state or other event for which LBJ-ASMC employees receive time off with pay. Holidays are established by law or are designated by the Governor.
INCENTIVE AWARDS – Recognition for employees who demonstrate exceptional resourcefulness or skills or perform exceptional acts. Procedural guidelines and evaluation selection are to be developed by the Chief Executive Officer.
INCUMBENCY ONLY POSITION – A position which when vacated by the current Incumbent (i.e., the employee currently filling the position) shall not be filled again.
INTERMITTENT EMPLOYMENT – Means when actually employed for which payment of compensation is restricted to time actually worked. The intermittent provision may apply to any type of appointment.
INTERVENING SALARY STEPS – All increments steps in a salary range except the lowest and highest.
JOB CODE – A four digit code designating a class in terms of its exempt or non-exempt status, salary structure to which assigned, grade level and job family.
JOB FAMILY – A group of related series of classes of positions such as clerical, personnel engineering or education, etc.
LEAVE WITH PAY – Authorized absence from duty with compensation.
LEAVE WITHOUT PAY – Authorized absence from duty without compensation, exclusive of suspension or absence without leave (AWOL). Total time involved may not exceed one year.
LEAVE YEAR – The period beginning with the first day of the first complete pay period in January and ending with the last day of the last pay period in December.
MATERNITY LEAVE – Approved absence because of incapacitation related to pregnancy and confinement. It is chargeable to sick leave or any combination of sick leave, annual leave and leave without pay in order given.
MINIMUM QUALIFICATION – The training, experience and other qualifications established for a given class and required of an applicant for admission to the examination for that class.
NON-COMPETITIVE PERSONNEL – Type of personnel action which does not require a qualified employee to formally compete with others in order for the personnel action to be effected.
NON-EXEMPT POSITION – Any position designated and subject to the overtime provisions of the Fair Labor Standards Act, shall be coded "N" in the job code. If an employee in the job code. If an employee in such position is required to work more than 40 hours per week, any hours worked above this number will be paid at the rate of one and half times the regular rate. The regular rate is not necessarily the same as the classification or base salary rate.
NON-STANDARD WORK WEEK – Irregular or indeterminate hours worked by Employees, the nature of whose duties commonly or frequently precludes successful job completion in standard work weeks over a prolonged period.
OUTSIDE WORK – All gainful employment other than the performance of official duties. It includes, but is not limited to, self-employment working for another employer, the management or operation of a private business for private again.
OVERTIME – Any hours in excess of 40 hours per week during a regular work week shall be considered overtime.
PART-TIME EMPLOYMENT – Any employee that works less than 32 hours per work week shall be considered part-time.
PAY ADJUSTMNT – Change in rate of compensation due to revision of salary schedules of LBJ American Samoa Medical Center Authority or for reasons not covered elsewhere.
PERIODIC INCREMENT DATE – The date established in accordance with the Merit System rule on which an employee is entitled to the next salary step increment within his range as stated in the compensation plan.
PAY PERIOD – A two-week period which starts on a Sunday in the first week and ends on Saturday of the second week.
PERMANENT EMPLOYEE – An employee appointed without time limitation in the career service who has successfully completed a probationary period.
POSITION – A group of duties and responsibilities. A position may be filled or vacant, full-time or part-time, temporary or permanent.
POSITION DESCRIPTION – A written description of each group of duties and responsibilities constituting a "position".
PREFERENCE ELIGIBILITY – A U.S. Citizen or a U.S. National who is a veteran as defined in this Manual or a disabled veteran as defined in the Manual is entitled to receive preference points during he hiring process.
PREMIUM PAYMENT – Wage payment over and above the basic salary rate for extraordinary conditions of employment, such as overtime and special tours of duty.
PROBATIONARY PERIOD – The trial period of employment following certification and appointment to, or re-employment in, the career service and continuing for one year.
PROMOTION - A change of an employee from a position in one class to a position in a class having a higher salary range.
REASSIGNMENT – Movement of an employee from one position to another in another or same division which does not involve a change in grade or basic rate of compensation. This also include movement from one salary schedule to another.
REDUCTION IN FORCE – A separation from service because of lack of fund and/work and/or reorganization and without cause on the part of the employee.
REGISTER – A list of eligible names established for employment or re-employment in a class.
REGULAR RATE OF PAY – The total remuneration for employment which includes the basic salary rate and such other direct payments as allowed by FLSA and which is the basis for establishing overtime and holiday pay. The regular rate of pay is usually expressed on an hourly basis.
REINSTATEMENT – Appointment of an employee who has previously successfully completed one year probationary period: reinstatement may be made non-competitively without regard to registers of eligible to a position at the same or lower grade level and requiring essentially the same qualifications as that in which the employee previously served.
RESIGNATION – A voluntary separation from employment.
REVERSION – Voluntary or involuntary movement of an employee during a six month trial service period to the lower class which held prior to last promotion.
SALARY RANGE – A sequence of minimum, intervening and maximum dollars amounts assigned to a specific class.
SCREENING COMMITTEE – Consists of three American Samoa Medical Center Authority employees who have been appointed by the Chief Executive Officer to objectively review applications for classes of positions classified at Grade 9 and above for written or comprehensive written oral or performance examination -------- evaluation, experience and training recorded or an application against the minimum qualifications officially established for the class and rank the applicants in the order of best qualified.
SELECTING AUTHORITY – The Authority to select individuals for positions. Selecting Authority differs from appointing Authority in that the former can select individuals for employment but not offer them a position. The offer must come from the Appointing Authority in order to be official.
SELECTIVE CERTIFICATION – The certification of eligible possessing the special qualifications required for a specific position.
SICK LEAVE – Absence from duty because of illness or other disability or exposure to contagious disease. The use of sick leave must be officially documented upon return to duty.
STANDARD WORK DAY – An assigned eight-hour work period.
STANDARD WORK WEEK – Forty-hours divided into five regularly assigned eight-hour days within a seven day period.
SUPERVISOR – Any individual having substantial responsibility on behalf of management to regularly participate in performance evaluation of all or most of the following functions over at least three employees. A Supervisor may initiate and recommend actions on promotion, inter-lateral transfer of employees, suspension of employees, and handles employee grievances at the lowest level. A Supervisor is required to exercise independent judgment in carrying out supervisory duties.
SUSPENSION – An enforced absence without pay for disciplinary purposes.
TEMPORARY EMPLOYMENT – Employment during the absence of a permanent employee on leave; or for work done at a workload peak and normally lasting for less then six (6) months but not exceeding one year.
TERMINATION – Separation from employment for reasons beyond the control of the employee.
TIME AND ONE-HALF PAY – Pay which is one and one-half times the regular rate of pay.
TRIAL SERVICE PERIOD – A six-month trial period of employment of a permanent-employee beginning with the effective date of a promotion or demotion.
UNDERFILL – The filling of a position with an employee in a lower related class in the absence of an adequate eligible register for the positions classification.
VETERAN – An individual who has served on active duty in the armed forces of the United States for a period of not less than 180 consecutive days (other than for training) and who has been separated from the armed forces under honorable conditions.
WORK WEEK – A regular recurring period of 168 hours in the forms of seven consecutive 24-hour periods. It may begin on any day of the week and at any hour of the day and needs not be the same for all agencies and all employees.
11.0402 Recruitment and Placement.
In filling vacancies within the career service of the American Samoa Medical Center Authority, it is the policy of LBJ-ASMC Authority that:
A. Appointments and promotions to all positions shall be made solely on the basis of merit, fitness, and experience.
B. The same standards and methods shall be used in evaluating all candidates who are in competition for the same class of work.
C. Permanent residents of American Samoa, or persons entitled to permanent residence as determined by the Immigration Law of American Samoa, shall be given first consideration for employment. This includes persons who meet the following criteria:
1. The applicant was born in American Samoa.
2. One of the parents of the applicant was born in American Samoa.
3. The applicant is married to an American Samoa.
4. The applicant is legally adopted by an American Samoan.
5. The applicant has resided continuously in American Samoa for at least ten years and has been approved by the Immigration Board.
D. Applicants who have been selected for positions in the career service must successfully pass a pre-employment physical examination before they can be appointed.
11.0403 Responsibility.
A. The Chief Executive Officer (CEO) has primary responsibility for establishing and administering procedures for filling vacancies in compliance with U.S. Civil Service Commission and American Samoa Government laws and regulations. However, all employees and supervisors share responsibility for the successful operation of the system. Specifically the CEO is responsible for:
1. Developing a merit system policy and procedural guidelines for filling positions.
2. Providing leadership and support for the merit system as it relates to all segments and activities of LBJ-ASMC Authority.
3. Assuring that managers and supervisors are aware of the objectives and requirements of this program.
4. Assuring that current employees are offered first opportunity for consideration when new job openings arise.
B. Managers and Supervisors are responsible for:
1. Providing active support to the objective of the merit system and fully comply with the intent, as well as the procedural requirements of the program.
2. Evaluating candidates fully and equitably to assure that each selection conforms to the objectives of an effective merit system.
3. Selecting from among the best qualified candidates those that are nominated for appointments as well as those for promotion.
4. Providing firm merit system support to employment and keeping them fully informed with information on the merit system and operation.
5. Counseling employees on ways to improve promotion potential and assisting them in self-development activities.
6. Participating with personnel officials in determining qualification requirements and evaluation methods for specific positions.
C. The Human Resources Division is responsible for:
1. Developing and employing the procedures necessary for the implementation and evaluation of the promotion plan.
2. Assuring that the requirements of the Merit System have been satisfied before taking personnel action on a position change.
3. Providing the necessary technical competency requirements that are essential to operate the Merit System and publicize its operation.
4. Announcing position vacancies and selections as appropriate, preparation and maintaining lists of eligible and referring certificates to selecting officials.
5. Maintaining the required documentation of all personnel action covered by the plan.
6. Developing, in cooperation with managers and supervisors, qualification requirements and evaluation methods for specific positions.
D. Employees are responsible for:
1. Familiarizing themselves with the provisions of the Merit System.
1. Personally applying for an announced vacancy in which they are interested, and for which they meet qualifications necessary for the positions for which they seek consideration.
2. Demonstrating that they have the skills, abilities and personnel qualifications necessary for the positions for which they seek consideration.
3. Performing the duties of their current positions in a manner indicating they are ready for advancement to more difficult work and greater responsibility.
11.0404 Filling Vacancies.
A. Vacancies can either be filled competitively or non-competitively, competition procedures apply to the following types of actions:
1. Selection of a non-ASMC Authority employee to either a permanent or temporary appointment.
2. Promotion of an employee in the career service except under circumstances specified under (Section 2.3 B).
3. Selection of an employee in the career service for detail to a higher graded established position in the career service for more than 30 calendar days.
4. Reassignment of a career service employee to another position, in the career service with known promotion potential.
5. Reinstatement of a former American Samoa Medical Center Authority employee who has completed his probationary period in the career service to a higher grade position than the candidate's last position or to a position with known promotion potential.
6. Selection of an LBJ-ASMC Authority employee who is currently on an emergency appointment to a temporary or permanent position.
B. Non-competitive procedures apply to the following types of actions:
1. Promotions of an employee for which competitive procedures were used at an earlier date, such as:
a. Career promotion(s), reassignment etc., made under training agreements approved by the Human Resources Division.
b. Promotion(s) made after competitive selection for detail.
c. Career promotion(s) of employees up to the full performance level position in the career ladder.
d. Career promotion(s) of employees in an understudy position to the target position.
2. Promotion(s) of incumbents to positions in the competitive service reconstituted in higher grades because of:
a. Change in classification standards.
b. Error in the allocation of the original positions.
1. Reinstatement of employees to positions of grades from which they were demoted without causes to intermediate grades below the grade from which demotion was based on.
2. Lateral reassignment between positions with no promotional potential.
3. Reinstatement of a former American Samoa Medical Center Authority employee who has completed his probationary period in the career service to the same or similar class that was held previously in LBJ¬ASMC Authority.
11.0405 Recruitment.
A. In filling vacancies competitively, all recruitment efforts shall be conducted publicly in any manner which will attract a sufficient number of qualified persons to meet the needs of the career service. Recruitment will be coordinated through the Chief Executive Officer. Vacancy announcements and/or examination notices shall be posted publicly, as selected by the Chief Executive Officer, and the Human Resources Division. They shall specify title and salary range of the class, information of the duties performed, applicable minimum or desirable qualification, and type of examination.
B. Vacancy announcements and/or examination notices may be issued for either definite or indefinite time periods. When recruitment is conducted for a definite time period, the announcement and/or notice shall specify the closing date for receipt of applications; provided, that the recruiting period shall be or no less than five (5) working days. When recruitment is conducted for an indefinite time period, the announcement and/or notice may be canceled at anytime upon appropriate public notice.
C. Vacancy announcements and/or examination notices do not have to be announced throughout the Territory. As requested in writing, approved by Chief Executive Officer, the announcement can be limited to all permanent career service employees within LBJ-ASMC Authority. Such limited areas of consideration can be justified due to budgetary reasons, manpower controls or reorganizations, etc.
D. Vacancy announcements and/or examination notices will b distributed to all supervisors when recruitment is conducted on a service wide basis appropriate and reasonable distribution within LBJ-ASMC Authority is the responsibilities of the Human Resources Division. Additionally, when recruitment is conducted on an internal basis, distribution of the examination announcement will be the responsibility of the Human Resources Division.
11.0406 Applications.
A. All applications shall be on a form prescribed by the Human Resources Division. The applicant's signature shall certify the truth of the stated information. Applications shall remain under active consideration by LBJ-ASMC Authority for one year from the date received. After that period, they will be returned to the applicant who did not obtained employment with LBJ-ASMC Authority.
B. No information shall be solicited or accepted which reveals religious or political affiliations of the applicant. Information regarding the race or color of applicants shall be solicited only for use in an affirmative action minority employment program.
C. Only those applications filed with the Human Resources Division by the date specified in the vacancy announcement or examination notice need to be considered for an examination.
D. Any person who willfully makes false statements concerning a material matter in any application for employment with LBJ-ASMC Authority shall be terminated once the false information is discovered even after the applicant has been employed by LBJ-ASMC Authority.
11.0407 Cause for Disqualification of an Applicant.
The Human Resources Manager is expected to follow accepted standards of personnel practice in screening applicants and may refuse to examine an applicant or, after examination, may disqualify such applicant or remove the applicant's name from a register or refuse to certify any person otherwise eligible or register it:
A. The applicant is found of ---- any of the recruitment--------- for the class.
B. The applicant is so disabled as to be rendered unfit to perform the duties of the class.
C. The applicant is addicted to the use of narcotics, or the habitual excessive use of intoxicating beverages.
D. The applicant has been convicted of any offense that would adversely affect LBJ-ASMC Authority's image which would be grounds for disqualification from the position the applicant is seeking.
E. The applicant has made a false statement of material fact in his application.
F. The applicant has previously been dismissed or requested to resign from private or public service for delinquency, misconduct, inability to do similar work, or any other such cause directly having bearing upon applicant's fitness as an employee.
G. The applicant has used, or attempted to use, bribery to secure an advantage in the examination or appointment.
H. The applicant has directly or indirectly obtained information regarding examinations.
I. The applicant has otherwise violated provisions of this Manual.
11.0408 Notice of Disqualification.
A. An applicant may be disqualified and not permitted to take a vacant position if the applicant has violated any of the provision listed under cause for disqualification.
B. The Human Resources Division shall notify a disqualified applicant promptly using the last known address citing the reason(s) for disqualification.
11.0409 Examination.
A. The Chief Executive Officer or his 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 job related.
B. Examinations shall be practical in nature, job related and of such character as to determine the capacity of the applicant to perform the duties of the particular class of positions for which the applicant is competing as well as the applicant's general background and related knowledge and shall be rated objectively. A passing score may be required on each test included in the examination. In preparing such examinations or selecting incumbent in the absence of examination, administrators shall take cognizance of the trend in American Samoa toward a greater degree of self-determination, and the need for training opportunities for citizens or residents of American Samoa in furthering that transition. Whenever possible, therefore, standards for employment will give all due recognition to practical experience in the function and probable aptitude for learning while on the job, rather than relying in the main on formalized education and training.
C. Examinations shall normally consist of one or a combination of the following:
1. A written test.
2. A performance test.
3. An oral test.
4. An evaluation of experience and training.
D. Examinations shall be held at such times and places as are necessary to meet the requirements of the career service, provide economical administration, and be generally convenient for applicants.
E. Examinations shall be announced once the Chief Executive Officer determines the need and shall be open to all current career service employee of LBJ-ASMC Authority such examinations shall consist of any combination of written, performance or oral test or rating of training and experience.
F. The announcement of the examination shall specify the desirable or minimum requirements, the parts of the examination and the method of rating. Announcements shall be prominently posted to ensure that the information is reasonably available to all LBJ-ASMC employees.
G. A performance evaluation may be used in promotional scores provided that the Chief Executive Officer determine such evaluations are practical and necessary to improve the effectiveness of the examination.
H. Each applicant shall receive notice of final rating as soon as it is computed. Within 30 calendar days following the test, the applicant may request and receive information regarding their score on any part of the examination.
I. When it is necessary to evaluate the experience and screening of applications for a class at grade nine or above for which there is no comprehensive written, oral, or performance exam, a screening committee shall be appointed by the Chief Executive Officer to examine and rank all applications. Members of the screening committee shall be chosen primarily for their ability to judge the technical and personal qualifications of people in their general field of work impartially and objectively. At least one member shall have experience and training and is generally familiar with the nature of the work in the class, and one member shall represent the immediate office in which the opening exists. No screening committee may have less than three members. The Human Resources Manager is responsible for conducting all committee sessions, and for assuring that no discriminatory practices take place. The name of screening committee member shall not be disclosed and shall be kept confidential.
J. The Chief Executive Officer may investigate the applicant's training and experience to verify the statements contained in his application. If the investigation produces information affecting the rating of training and experience, the Chief Executive Officer shall re-rate the applicant's record accordingly and make any necessary adjustments in the register. The Chief Executive Officer shall also promptly notify the applicant of such re-rating within ten (10) working days following completion of the investigation.
K. In the first open competitive examinations, veterans shall receive the following preferences:
1. Ten additional points to a disabled veteran. The preference shall be utilized to the first open competitive examination only and not in any promotional examination.
2. Five additional points to a veteran. This preference shall be utilized in the first open competitive examination only and not in any promotional examination.
3. The names of preference eligible shall be entered upon the appropriate registers ahead of others having the same score.
4. If the screening committee passes over a preference eligible whose name appears on the certificate of eligible forwarded to him and selects a non-preference eligible, the screening committee shall file written reason for such action with the Chief Executive Officer for his final approval.
5. When three or more names of preference eligible appear on a certificate of eligible, the screening committee may select only a preference eligible to fill the vacancy under consideration and forward to the Chief Executive Officer for final approval.
11.0410 Registers.
A. The following types of registers shall be established and maintained by the Human Resources Division:
1. Reduction-in-force Register.
a. The reduction-in-force register will consist of appropriate classes and the names of all employees who have permanent status and have been notified that they are scheduled for reduction-in-force; or who held permanent status prior to separation due to a reduction-in-force; or who have accepted a voluntary demotion in a class in lieu of a reduction-in¬force; or were in a trial service period with another department and separated due to reduction-in-force.
b. The employee's name shall appear for all classifications in which the employee held non-probationary permanent status.
c. Method of Ranking: The register will be ranked according to seniority and official performance evaluations.
d. Life of Register: An eligible name will normally remain on this register for one year.
e. Special Provisions: Employees appointed from this register will assume the same status they held prior to the reduction-in-force.
2. Promotional Register. This register will be established by appropriate classes and shall include the names of current permanent employees: and/or past permanent employees who have been separated due to reduction-in-force within the last year and who have received a passing final grade in the total promotional examination and are eligible to be certified.
a. Method of Ranking. This register shall be ranked according to final score from the highest to the lowest.
b. Life of Register. An eligible name will normally remain on this register for an indefinite period unless replaced by a register established by use of a substantially new examination.
c. Special Provisions. An employee may convert any current open competitive rating to this register upon achieving permanent status. Persons on this register will indicate the geographic areas and agencies for which they are available.
3. Opening Competitive Register:
a. Composition. This register will contain the names of all persons who have passed the appropriate examination for each class of work.
b. Method of Ranking. This register shall be ranked by the final score.
c. Life of Register. An eligible name will normally remain on this register for an indefinite period unless replaced by a register established by use of a substantially new examination.
4. Reassignment Register:
a. Composition. This register shall contain the names of all permanent employees who have submitted a request to be considered for reassignment.
b. Method of Ranking. This register will be unranked.
c. Life of Register. An eligible name shall normally remain on this register for one year.
d. Special Provisions. To use this register the employee must transfer either within the same class on the same pay range having the same salary range ---------.
B. Grievance for Removal from the Register. The Chief Executive Officer may remove the name of an eligible from a register for any of the following reasons:
1. On evidence that the eligible cannot be located.
2. On receipt of a statement from the eligible declining an appointment and stating that the eligible no longer desires consideration for a position in that class.
3. If three offers of a probationary appointment to the class for which the register was established have been declined by the eligible.
4. If an eligible fails to reply to a written inquiry as to availability after five days in addition to the time required to received and return the inquiry.
5. If an eligible accepts an appointment and fails to appear for duty at the time and place specified without giving satisfactory reasons for the delay to the appointing authority.
11.0411 Certification.
A. Requests for certification will submitted on the LBJ-ASMC Form 35 by the Human Resources Manager to the Chief Executive Officer when filing vacancies in existing or newly allocated positions.
B. Upon receipt of a request for certification, the Chief Executive Officer shall certify to the screening committee a list of no more than five names from which a selection can be made.
C. One name will constitute a complete certification when referrals are made from the reduction-in-force register. Selection shall be mandatory.
D. When more than one candidate has the same examination rating, the certified candidate shall be chosen on the basis of proven experience and years of work experience.
E. The Chief Executive Director will normally certify names from the registers in the following order:
1. Reduction-in-force Register.
2. Promotional Register.
3. Open Competitive Register.
4. Reassignment Register.
F. When there are fewer than five names -------certified from the register with the exception of (Section ---) names may be certified from other registers to total five candidates.
G. Reports of actions taken on certified eligible by the screening committee shall be in writing to the Chief Executive Director within ten working days following certification unless the Chief Executive Officer has specifically granted an extended time. Fair consideration must be given to all certified names. The following actions are allowed and/or required.
1. Appropriate appointment of one of the certified names.
2. Request for additional names to replace names of eligible who:
a. Fail to reply within four (04) days of notice to appear for consideration.
b. Are not satisfactory for valid and pertinent reasons directly connected with the position as determined by the Chief Executive Officer from a written report by the screening committee.
11.0412 Types of Appointments.
The following types of appointments exist within the career service:
A. Emergency Appointment.
1. When an emergency occurs requiring the immediate services of a person or persons, a request that an emergency appointment be made.
1. Justification for the emergency appointment shall be approved by the Chief Executive Officer before any personnel action is taken to effect an appointment.
2. An emergency appointment of an individual shall not exceed 30 calendar days unless the Chief Executive Officer extends the appointment up to a maximum of one additional 30-day period based on justification and continuing state of emergency.
3. Service in an emergency appointment shall not constitute a part of the employee's probationary period.
B. Temporary Appointment.
1. Appointment to a temporary position shall have a specific time limitation and cannot exceed one year.
2. Established register certification and referral service are available for the in filing temporary positions. A temporary employee who has been appointed following certification from the register may enter a probationary period and subsequently gain permanent status when a change in needs results in the permanent availability of the position.
3. A permanent employee has the right to assume a temporary position and the right to resume a permanent position with status at the conclusion of such temporary appointment.
4. A temporary employee may be terminated from temporary service without the right of appeal or hearing after being given one full working day's notice prior to the effective date of the termination.
5. Service in a temporary appointment shall not constitute a part of the employee's probationary period.
C. Permanent Appointment.
1. Permanent Appointments are those with no time limitation.
2. Employee who receives appointments to permanent positions from the open competitive register shall serve a probationary period of one year, if they have not completed an earlier probationary period. This probationary period will provide the selecting authority with the opportunity to observe a new employee's work, to train and aid the new employee in adjusting to his/her position, and to terminate any employee whose work performance fails to meet the required standards. Time spent in temporary and emergency appointments even though there is no break in service, in creditable toward the probationary period.
3. Conversion of a probationary employee to a non-probationary status shall be automatic unless the person is dismissed under provision of (Sections 2.7 or 2.8).
4. Veterans and their widows who are not remarried and are in probationary status will be granted seniority preference within the rank of the permanent employees until the -----------------
5. -------------------during the probationary period after being given written notice stating the reason therefore five working days prior to the effective date of dismissal. However, if LBJ-ASMC Authority believes the good of the service requires the immediate dismissal of the probationary employee, written notice of only one full working day prior to the effective date of the dismissal will be required. The reasons for the dismissal shall be filled with the Chief Executive Officer.
6. An employee dismissed during a probationary period shall not have the right to appeal the dismissal. When proper advance notice of the dismissal is not given, the employee may enter an appeal for payment of salary for up to five days which the employee would have worked and proper notice been given. If such a claim is sustained, the employee will be entitled to the appropriate payment of salary but will not be entitled to reemployment in his position.
7. An employee facing reduction-in-force may be transferred during a probationary period and continue to serve out his probationary period.
D. Reinstatement.
1. Any person who has received permanent appointment to a position in the career service, and who has separated therefrom, may be reinstated to a position with the same or similar duties to those previously performed, provided re-employment is not prohibited by regulations or laws relating to the re-employment of employees separated for cause or who have abandoned their positions.
2. Reinstatement to the same class of work or grade previously held in non-competitive.
11.0413 Types of In-Service Placements.
The following types of in-service placement exist with the career service:
A. Promotion.
1. Insofar as practicable, consideration shall be given to employees within LBJ-ASMC Authority and vacancies filed as intra-division promotion before consideration of employees on open competitive register.
2. No employees shall be certified from a promotional register until that employee has gained permanent status; however, a probationary employee may be admitted to a promotional examination if the announcement for the position vacancy has an established closing date and if the employee has served three months of his probationary period. Employees who are otherwise qualified will be admitted to promotional examinations if they are within two months of the experience required of the minimum qualifications and are assigned to a position which provides qualifying experience.
3. Promotions are either competitive or non-competitive (Section 2.3).
4. An employee who is promoted into a class within LBJ-ASMC and who fails to satisfactorily complete the trial service period shall be given 15 calendar days written notice no earlier than 90 days after assuming the position. At the time the notice is received by the Chief Executive Officer the employee shall automatically revert to his former classification. An employee who is reverted does not have the right of appeal. If an employee is unable to be placed into another position at the end of a total of 180 days, he shall be terminated.
B. Reassignment
1. A transfer of a permanent employee from a position in another class having the same salary range may be made upon approval of the Chief Executive Officer if the employee has met the minimum qualifications for the position to which transfer is proposed. The Chief Executive Officer may require a qualifying examination.
2. Transfer of a permanent employee within LBJ-ASMCA may be made at any time with the approval of the selecting authorities concerned, provided employees who have been separated due to reduction-in-force have first been offered the transfer in accordance with their seniority. Report of the transfer shall be made to the Chief Executive Officer. Employees who transfer under the provisions of this Section shall not serve a trial period and shall be permanent employees.
3. Reassignments are either competitive or non-competitive (Section 2.3)
D. Detail.
1. "Details" are available to management to assist in meeting temporary needs of the LBJ-ASMCA's work program when necessary services cannot be obtained by other desirable or practical means.
2. Emergency details are those made to meet emergencies occasioned by abnormal workload, change in mission or organization, or unanticipated vacancies. These may be made as necessary, subject to the provisions herein. Other details such as those pending official assignments, (i.e., pending recruitment and selection of the best qualified person for the position), should not be made until at least three months after initial appointment.
3. An appointment to a position in an acting capacity is a detail. A detail can be either competitive or non-competitive (Section 2.3) Details should be kept as short as possible.
4. Details for 30 calendar days or more shall be reported on the Notice of Official Personnel Action (LBJ-ASMCA Form 303), maintain as a permanent record in Official Personal Folders. Details for fewer than 30 calendar days need not be officially documented as LBJ-ASMCA Form where an employee is asked to serve in a higher position in an acting capacity, this should be recorded by memo whether also reported in the Notice of Official Personnel Action (LBJ-ASMCA Form 303) or not.
5. Human Resources Division is responsible for keeping details within the shortest practicable time limits and for making a continuing effort to secure necessary services through use of appropriate personnel actions.
6. An employee shall have the option of declining a non-emergency detail to a higher graded position if the detail is to be for 30 calendar days or longer, unless otherwise be awarded the pay of the higher position beginning on the 31st day of the detail, in which case the employee may not decline a non-emergency detail.
7. A detailed employee shall not achieve or lose any status by reason of the detail and upon termination of a detail the employee resuming his position shall be entitled to pay increments accrued during the period of the detail. If an employee's increment date falls due while the employee is serving on a detail with the different salary, the increment shall apply to the salary of the original position and not to the salary of the position being held on a detail basis.
8. All details to higher grade positions will be confined to a maximum period of 120 days with the extension. If management fails to initiate an LBJ-ASMCA Form 303 to terminate the detail at the end of the stated period, the Human Resources Division shall initiate the action.
9. Detail appointments shall be from among those employees who are interested and available to accept such appointments when there are no individuals available who meet the minimum requirements. Primary consideration should, however, be given to eligible on LBJ-ASMCA promotional register for the class or for a related class as determined by the Chief Executive Officer.
(10) An employee who accepts a detail for 30 calendar days or more to a higher grade position shall be paid according to the rule regarding promotion. An employee accepting a detail for less than 30 calendar days shall retain his current salary.
(11) An employee shall not achieve permanent status in the position to which the employee has been detailed and upon termination of the detail shall resume former permanent position and salary including increments which may have accrued.
*12. A detail can be either competitive or non-competitive (Section 2.3).
*13. An acting appointment is detail of a temporary nature made from within the career service to a supervisory or managerial position.
D. Demotion.
1. Demotion may be disciplinary or non-disciplinary, voluntary or non-voluntary.
2. Demotion, in any instance other than a position being incorrectly classified, is the result of management assigning to an employee duties and responsibilities which are of a lower classification than those that are officially assigned to him.
E. The above and other in-service placement and appointment action are listed in the Personnel Manual and Procedures retained by Human Resources Division.
11.0414 Employment of More than one Person in the same Family.
In all recruitment and placement activities, it is the policy of LBJ¬ASMC Authority that two or more members of a family may be employed within the same office as long as a spouse does not officially and immediately supervise the other. This requirement not only is applied on the basis of facts as they exist at the time of appointment but at any time while service as an employee of LBJ-ASMCA.
11.0415 Effective Dates of Actions.
The official effective date for all recruitment and placement actions, as well as other personnel actions, shall be established by the Human Resources Division except in the case of resignation, the date of which is established by the employee who is resigning. Effective dates are not made on a retroactive basis. LBJ-ASMCA division management should, therefore, make every effort to initiate personnel actions enough ahead of time to meet the effective date requested (which may be noted under "Remarks" on the request for personnel/payroll action form). Effective dates for appointments can only be established after the pre-requisite medical, police and immigration clearance have been obtained by the Human Resource Division. Retroactive effective dates are only set when an administrative error has occurred or an appeal's action results in retroactive corrective action.
11.0416 Classification and Pay.
In keeping with the Code of American Samoa, it is the policy of the American Samoa Medical Center Authority that the Chief Executive Officer establishes and maintains an effective classification and compensation program for all positions within the career service.
11.0417 Upgraded Level.
The classification and compensation plan provides for:
A. The LBJ-ASMCA General Salary Schedule for other positions which is based on equal pay for equal work and qualifications.
B. Salary range schedules including the minimum, intervening and maximum steps of each grade.
C. Assignment of each class to a grade on a salary schedule.
D. Provisions for regular review of the compensation schedules.
E. Designation of each class or individual position within a class as eligible or ineligible for one and one-half times and employee's basic salary rate for overtime as provided by the Fair Labor Standards Act.
F. No employee to be compensated at a basic salary rate greater than the maximum nor les than the minimum step of the salary range to which has class has been allotted unless the Executive Director authorizes a different rate in cases of reallocation downward or in other cases involving unusual circumstances where equity requires a different rate of pay.
G. The entrance salary for an employee to be the minimum salary step of the range unless the prospective employing division of LBJ-ASMCA has requested, justified in writing, and received authorization from the Chief Executive Officer for a higher entrance salary step (Section 3.4).
H. An employee who has been reinstated as provided in these rules to be compensated at the salary step nearest the dollar amount received when separated or at the first step of the salary range, whichever is higher, unless the agency requests a different salary as provided above.
11.0418 Entrance Salary Rates.
A. Entrance salary rates for positions on the General LBJ-ASMCA Salary Schedule (See Annex A) are based on the following Policies:
1. LBJ-ASMCA General Salary Schedule unless the employee is being reemployed in the same class or in a directly related class for which the employee was compensated at a higher salary rate during the employee prior service and in which the employee successfully completed the required probationary period.
2. From grades nine to eighteen on LBJ-ASMCA General Salary Schedule, every two years of directly related education and experience beyond the minimum qualification requirements for the position for which the employee is selected shall be creditable for one-step above the minimum except that in no case shall payment exceed step five of the grade.
11.0419 Reinstatement.
Upon reinstatement, an employee with one year or more of career service may be paid at any rate within the compensation range of the position in which re-employed which does not exceed his highest previous rate. If it falls between two rates of the position in which re-employed, the employee may be paid at the higher rate. The employee may also be compensated according to (Section 3.3), if applicable.
11.0420 Periodic Step Increments.
Employees who serve under appointments without time limitation, receiving less that the maximum scheduled rates of compensation for their positions, shall receive periodic step increments successively to the next higher steps within their compensation ranges, subject to the following conditions and procedures:
A. For employees on the general salary schedules:
1. The employee's current performance evaluation is "Satisfactory" or better.
2. The employee has 52 calendar weeks of continuous paid employment (A calendar week is a total of any seven calendar days before, beginning with or after a specified day). Continuity shall not be considered to have been interrupted when the employee's services are terminated on the last day of his scheduled weekly tour of duty and his next appointment is made effective on the first day of the next scheduled weekly tour of duty. Creditable service, in the cumulating of the fifty-two (52) week waiting period includes:
a. Service under a temporary and/or emergency appointment.
b. Leave without pay not in excess of two work weeks.
c. Service under a part-time or when actually employed (WAE) tour of duty.
d. There has been no equivalent increase in compensation during the waiting period described above. An equivalent increase in compensation is defined as the total of any increase in basic compensation equal to or greater than the smallest step increment for any position in which the employee has served during the period under consideration. An increase in the rate of basic compensation resulting from an overall revision of salary shall not be considered an "equivalent increase".
e. The increment is recommended by the employee's immediate supervisor and reviewed by the division manager before submitting to the Chief Executive Officer for final approval.
f. A call-up control system shall be established within the Human Resources Division to determine when employees meet the waiting period requirement for step increment in compensation.
B. When an employee's step increment is due and provided that the employee meets all other eligibility requirements therefore, Human Resources Division shall request the employee's immediate supervisor to complete the employee's official performance evaluation in accordance with (Section A. (4) above) and forward the completed evaluation to the Human Resources Division. If the performance evaluation is satisfactory or above or if no evaluation is forthcoming, the employee will automatically receive a step increment. If, whoever, the evaluation is unsatisfactory, a written justification explaining the rating must accompany the evaluation the Human Resources Division. If the justification is approved, the Human Resources Division shall inform the Payroll Division not to affect a step increment for the employee. The employee would not be eligible for a step increment until the completion of another 52 calendar week period.
C. Effective dates for periodic step increments are:
1. Periodic step increments shall be made effective at the beginning of the next pay period following the completion of the required waiting conditions of eligibility described above.
2. Any periodic step increment resulting from a retroactive corrective action shall be made effective as of the pay period in which the employee should have received the increment.
D. When the date of promotion and the periodic step increment date coincide, the periodic increment shall be made prior to the promotional increased.
E. An employee may appeal the performance evaluation by following the procedures as outlined in (Chapter 7).
11.0421 Promotions.
Promotion policies that are in effect such an employee on the general salary schedule shall be given an increase in compensation which is equivalent to two salary steps on the grade level of the position from which promoted. If the increase of two steps results in a salary rate falling between two steps of the new grade, the employee shall be given the higher of the two steps.
11.0422 Projection of Compensation.
Salary adjustments shall be handled as indicated below:
A. Upon reclassification downward, the employee shall be placed in the salary step of the reclassified position which most nearly approximates the rate of compensation he was receiving prior to the downward reclassification action; however, if the salary step of the employee prior to the downward classification action falls between two steps of the reclassified position, the employee shall be placed in the higher step.
B. Upon demotion, the employee shall be compensated according to one of these three options:
1. If the demotion is a result of reduction-in-force action, maximum compensation rate protection shall be afforded as describe above.
2. If the demotion is voluntary, the degree of compensation rate protection shall be determined by the Human Resources Division based on the merits of each individual case.
3. If the demotion is a result of a disciplinary action, the employee shall receive the rate of compensation represented by the minimum salary step of the grade of the position to which the employee is demoted.
C. Upon reassignment, there shall be no changed in rate of compensation except when converting from one salary schedule to another.
D. If an employee is promoted whether as the result of reclassification of the position the employee occupies or movement from one position to another position, and employee was once in a salary step of the grade to which promoted, which was above the minimum step of such grade, the employee shall be placed in the format, unless application of the higher compensation rate is appropriate, in which case such provisions shall govern the action.
11.0423 Overtime Compensation & Compensatory Time Policy.
A. Permanent, probationary, emergency and temporary LBJ-ASMCA employees in the Career Services in grades one through eleven on LBJ¬ASMCA General Salary Schedule are eligible to be compensated for overtime at the rate of one and one half times (1 _) their regular pay for all hours required to be worked in excess of eight hours in a work day, or 40 hours in a work week. The Chief Executive Officer may authorize compensatory time in lieu of overtime, and if so authorized such compensatory time will be earned at the rate of one and one half hours for each whole hour worked in this status.
B. Permanent, probationary, emergency, and temporary LBJ-ASMCA employees in the Career Service in grades twelve through eighteen on LBJ¬ASMCA General Salary Schedule are eligible to be compensatory time for any time worked beyond 8 hours in a work day or 40 hours in a work-week in an hour for hour basis.
C. Contract employees may accrue compensatory time at the rate of one hour for each hour worked in excess of eight hours in a work day or 40 hours in a work-week only if the Chief Executive Officer makes an advance determination that accrual of such compensatory time is in the interest of LBJ American Samoa Medical Center Authority. In no case shall compensatory time be awarded solely for the convenience of the contract employee.
D. Compensation.
1. All other types of employees are ineligible for either overtime pay or compensatory time.
2. Overtime pay or compensatory time shall not be authorized for any employee who has worked less than 8 hours in a work day, or 40 hours in a work-week.
3. Each work-week shall stand alone and the process of averaging hours worked over two or more weeks shall not be permitted.
4. An employee's work-week shall be 40 hours in a fixed and regularly recurring period of 168 hours in seven consecutive 24 hour periods. It need not coincide with the calendar week but may begin on any day and at any hour of the day. Once the beginning time of an employee's work-week is established, it shall remain fixed, until changed. A change intended or designed to evade the overtime requirements is prohibited.
5. The requirement that overtime shall be paid or compensatory time provided after 8 hours a day or 40 hours a week shall not be waived by any agreement between a supervisor and an employee.
E. "Hours worked", in general, includes all the time an employee is required to be on duty or on the LBJ-ASMCA premises or at a prescribed workplace and all time during which the employee suffered or permitted to work.
F. Attendance at lectures, meetings, training programs and similar activities will not be counted as hours worked beyond the scheduled work¬day or work-week. If attendance is outside the employee's regular working hours and is required by the Chief Executive Officer, overtime or compensatory time may be awarded if otherwise applicable.
G. Compensatory time may be accumulated in the same manner as annual leave, even though no payment can be given in lieu of compensatory time accrued but not taken.
H. Where an eligible employee in a single work-week works at two or more different types of work for which different straight time rates have been established his regular rate for that week for overtime purposes shall be the weighted average of such rates. That is, the employee straight time earnings from all such rates shall be added together and this total is then divided by the total number of straight time hours worked at all jobs.
I. Employees leaving LBJ-American Samoa Medical Center Authority employment shall be compensated in cash for accumulated overtime during separation.
1. In the event of death of an employee, the individual's accumulated overtime shall be paid to appropriate persons provided by this manual.
2. If a function or program, together with assigned employees, is transferred from one to another division, all accumulated overtime shall also be transferred.
J. Human Resources Division is responsible for keeping appropriate records of hours worked, leave, (earned, used, accrued, etc.) for the employees.
11.0424 Hours of Work, Leave, and Absence from Duty.
It is recognized by the LBJ-American Samoa Medical Center Authority 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 personal and family needs. LBJ-ASMCA also considers it essential to the maintenance of a stable, satisfied and productive work force, for employees to be compensated to a reasonable extent during periods of involuntary absence from duty due to physical incapacity. Finally, it is the view of LBJ-ASMCA that deserving employees, whose retention is of demonstrated value, should be guaranteed job security when it is necessary for them to be in a non-duty status, based on legitimate reasons, for periods longer than permitted under regulations governing authorized absence with pay.
11.0425 Responsibility.
A. The Human Resources Division is responsible for the maintenance of employee leave records and furnishing advice relative to all leave records matters.
B. The Human Resources Division is responsible for all policy matters pertaining to leave and absence from duty.
11.0426 Hours of Work.
Except as provided in (Section 8.2 (Furlough) of this part, working hours shall be specified by LBJ-ASMCA for its employees but shall not result in full time compensated employment of less than 40 hours per week.
11.0427 Holidays.
A. The following public holidays are designated by statue and are paid
holidays for LBJ-ASMCA employees: New Year's Day January 1st Martin Luther King January 19th Washington's Birthday February 22nd Good Friday April 10th Flag Day April 17th Memorial Day May 25th Independence Day July 4th Labor Day September 7th Columbus Day October 12th Veteran's Day November 11th Thanksgiving Day November 26th Christmas Day December 25th
B. If any LBJ-ASMCA employee is required to work on a public holiday, that employee shall be given either an alternative day off within the same work week with pay or an additional day's pay in lieu of the holiday. This is equivalent to double-time pay.
11.0428 Determining Holidays.
A. When a holiday falls on one of the employee's scheduled work days in the employee's basic work, that day is the employee's holiday. When a holiday falls on a day outside of the employee's basic work week or on a day other than a scheduled work day, the day to be treated as the employee's holiday will depend on what day the holiday falls and what the employee's work week is.
B. When a holiday falls on Sunday, the employee's holiday is Monday, if the employee's basic work is Monday through Friday.
C. When a holiday falls on Saturday, the employee's holiday is Friday, if the employee's basic work week is Monday through Friday.
D. When an employee's basic work week does not include Sunday and holiday falls on Sunday, the employee's next regular work day within their basic work week is the employee's holiday.
E. When employee's basic work week includes Sunday and a holiday falls on a day that has been designated as the employee's non-work day in lieu of Sunday, the employee's next regular work day within the basic work week is the employee's holiday.
F. When an employee's basic work week includes both Sunday and Monday, either day, but not both, may be designated as the employee's holiday.
G. When a holiday (other than Labor Day or Thanksgiving Day) falls on an employee's non-work day designated as in lieu of Sunday), the regular work day preceding the employee's non-work day is their holiday.
H. When Labor Day or Thanksgiving Day falls on an employee's non-work day, the employee's next regular work day within the basic work week is the employee's holiday.
11.0429 Holidays During Leave Without Pay.
An employee who would otherwise be entitled to a holiday but who is on leave without pay will receive compensation for the holiday, provided the employee has been in pay status for ten working days during the month, not counting the holiday.
11.0430 Accrual of Leave During Pay Periods.
A. Full bi-weekly pay period. An employee shall be considered, for leave purposes, to have been employed for a full bi-weekly pay period if the employee shall have been in a pay status, or a combination of pay status and on pay status, during all of the days within such period, exclusive of holidays and all non-work days established by the Chief Executive Officer. This may be interpreted as follows:
B. Fractional Pay Periods – If employment is continuous, leave is credited on a pro rata basis for those days during a fractional pay period for which an employee is being paid. The following table may be used to determine the of prorated leave credit:
C. Accrual Reduction Because of Non-Pay Absence: When an employee's absence in a non-pay status totals the hours for one of the employee's pay periods, their sick leave credit is reduced by one-half day and the individual's annual leave credit is reduced by either one-half, three fourths, or a full day depending on the employee's leave-earning category. If the employee is in a non-pay status for a full year, the employee earns no leave.
D. Leave Charges:
1. Leave Days: Both annual and sick leave are charged to an employee's account only for absence on regular work days, i.e., days on which the employee would otherwise work and receive pay during their regular tour of duty. Leave is not charged for absence on days for which premium pay would be paid, holidays, or other non-work days.
2. Minimum Charge: One half hour is the minimum charge for either annual or sick leave. After one half hour, additional charges may be made in multiples of one half hour; absences of different days are not combined.
3. If an employee is tardy or unavoidably or necessarily absent from duty for less that one half hour, the employee may be charged one half hour to annual leave.
4. When an employee is charged with leave for unauthorized absence or tardiness, the employee may not be required to perform work for any part of the leave period charged against their account.
5. When an employee is absent without official leave, fails to report for duty without prior approval or does not have an acceptable excuse for absence, the employee shall be charged for absence without leave (AWOL) and not paid for such time.
11.0431 Annual Leave.
A. Such leave is authorized absence from duty with pay to allow employees an annual vacation period for rest and relaxation and to provide time off for personal and emergency purposes. Earning rate for full-time employees is:
1. Employees with less than three years of creditable service earn four (4) hours or one-half work day of annual leave for each bi-weekly pay period.
2. Employees with three but less than 15 years of creditable service earn six hours or three-fourths work day of annual except for the last full pay period of the year for which they earn then hours of annual leave.
B. Earning Rate for Intermittent (When Actually Employed) and Part-Time Employees:
1. Employees with less than three years of creditable service earn one hour of annual leave for each 20 hours in a pay status.
2. Employees with three but less than 15 years of creditable service earn one hour of annual leave for each 13 hours in a pay status.
3. Employees with 15 or more years of creditable service earn one hour of annual leave for each ten hours in a pay status.
C. Determination of Creditable Service: The following service is creditable:
1. All time spent in the career service of the American Samoa Government.
2. All active duty service in the Armed Forces of the United States, except that of an employee who is retired member of any of the uniformed services in which case such active duty military service is not creditable unless:
a. Retirement was due to disability:
i. Resulting from an injury incurred in time of duty as a direct result of armed conflict or
ii. Caused by an instrumentality of war incurred during a period of war, as defined in (Sections 101 and 301 of Title 33, U.S. Code) or
iii. Immediately prior to the effective date of the provisions of (Chapter 23, Title XXIII, the Merit System Law), Revised Code of American Samoa, the employee was employed in a civilian office to which the Annual and Sick Leave Act of the United States applies and, on or after such date, the employee continued to employed in any such office without a break in service of more than 30 days or such service was performed in the Armed Forces of the United States during any way or in any campaign or expedition for which a campaign badge has been authorized.
D. Qualifying Period – An employee must be employed for 90 calendar days without a break in service before the individual is qualified to earn annual leave. At the end of the 90 day period, annual leave that has been earned is credited to the employee's account. A break in service in one day or more when the employee is not on the employment rolls of the LBJ-ASMC. An employee on their first permanent appointment may use no annual leave but may be granted sick leave or leave without pay until the 90 day period is completed. Persons who are re-employed must service a new qualifying period. They may, however, use any annual leave earned under a previous appointment which had been credited upon completion of 90 day qualifying period.
E. Maximum Accumulation – Accumulation of unused accrued annual leave may not exceed a total of 60 days at the beginning of the first complete pay period of each leave year.
F. Lump-Sum Payments for Annual Leave:
1. Entitlement – An employee who has annual leave to his credit and who is separated from his employment with the LBJ American Samoa Medical Center Authority is entitled to payment of accumulated, accrued annual leave in a lump-sum.
2. Computation of Payment – Lump sum leave payments are equal to the compensation that the employee would have received had the employee remained in the employment of the LBJ American Samoa Medical Center Authority until the expiration of the period of annual leave paid. Included are pay for holidays falling within that period to which the employee would have been entitled. The employee does not, however, earn leave during the period represented by the
lump-sum payment. Except for purposes of taxation, the lump-sum is not regarded as salary or compensation.
G. Granting Annual Leave – Annual leave is a privilege, not a right, and is granted at the convenience of LBJ-ASMCA. Supervisors should make every effort, however, to insure that their employees do not lose accrued leave in excess of the 60 day limitation which cannot be carried forward into succeeding leave years.
1. Authority to Grant Annual Leave – Annual leave may be granted (approved) by Chief Executive Officer and other operating officials authorized to certify bi-weekly time sheets.
2. Procedure for Granting Annual Leave – Procedure for Granting Annual leave – LBJ-ASMC Form 329, Leave Request, shall be utilized for requesting and approving annual leave. This form shall be submitted to the Human Resources Division concurrent with the submission of the bi-weekly time sheets covering the pay period immediately preceding the pay period in which the requested leave will fall.
H. Annual Leave in Lieu of Sick – Approved absence, otherwise chargeable to sick leave may be charged to annual leave when sickness exceeds accumulated sick leave hours. However, substitution of annual leave for sick leave previously granted may not be made retroactive for the sole purpose of avoiding forfeitures of annual leave at the end of the leave year.
I. Advancing Annual Leave – It is not permissible for an employee to be granted annual have in advance of its having been earned.
J. Annual leave shall always be applied for in advance of approved absence for which it is to be applied.
11.0432 Sick Leave.
A. Absence of an employee from duty with pay when the employee is physically incapacitated to do his job or for related reasons is known as sick leave. Sick leave may also be used by an employee to avoid his exposure of a contagious disease to co-workers or when the presence of contagious disease in an employee's immediate family requires the employee's personal care, or for dental, optical or medical examinations or treatment.
B. Earning Rate for Full-time Employees: Employees earn sick leave at the rate of four-hour or one-half workday for each full-bi-weekly pay period sick leave is earned from the first pay period of employment. There is no qualifying period for the earning of sick leave.
C. Earning Rate for Intermittent and/or Part-Time Employees: These employees earn sick leave at the rate described under the Category Column of the Pro Rate Table.
D. Crediting of Sick Leave: Sick leave may be credited to an employee's account at the beginning of the pay period in which it is earned.
E. Maximum Accumulation: Unused sick leave is accumulated without limit.
F. Granting of Sick Leave: Sick leave is a right, provided the requirements of this sub-section are met. LBJ-ASMCA officials have the authority and responsibility to determine that the nature of the employee's illness was such as to incapacitate the employee from their job and that other reasons for which sick leave is granted are valid. It is mandatory that an employee furnish documentary evidence in the form of a medical certificate for periods of sick leave in excess of three continuous work days. However, management may require that the employee furnish such certificate for sick certificate for sick leave involving any length of time. The employee who becomes ill is responsible for notifying his supervisor as soon as possible. Required medical certificates shall be submitted together with leave request forms and time sheets as specified by the above reference.
11.0433 Leave Without Pay.
A. Leave without pay is a temporary absence from duty in non-pay status granted upon the employee's request and at the discretion of management. It does not include non-pay status on days for which the employee would receive premium pay and does not include days on which the employee is not scheduled to work. The permissive nature of leave without pay distinguishes it from absence without leave (AWOL), which is a non-pay status resulting from a period of absence for which the employee did not obtain advance authorization or for which the request for leave has been denied – (Section 4.9). It shall be the practice of the LBJ American Samoa Medical Center Authority to grant leave without pay only when it will be of mutual benefit and interest to LBJ-ASMCA and to the employee. Leave without pay shall not be granted for the purpose of an employee participating in private employment.
B. Limitations and Standards – The maximum time limitation for leave without pay is one year. It shall be granted beyond 30 days for non-disqualifying serious illness or disability, pregnancy, job-related education or training or other valid reasons.
C. Granting Leave without Pay.
1. Authority – Leave without pay, which does exceed 30 days may be granted by the Chief Executive Officer or other operating official who have been authorized to certify by-weekly time sheets. Periods of leave without pay in excess of 30 days must be approved by the Chief Executive Officer.
2. Procedure – LBJ-ASMCA Form 303 shall be initiated to document periods of leave without pay in excess of two weeks.
11.0434 Maternity Leave.
A. Maternity leave, a period of approved absence for incapacitation related to pregnancy an confinement, is chargeable to sick leave or any combination sick leave, annual leave, and leave without pay in the order given.
B. Employees Responsibility – Employees are required to request maternity leave substantially in advance of their intended absence so that prior staffing adjustments may be made.
C. Periods of maternity leave shall be based on individual medical determination. The usual period of authorized maternity leave is approximately 12 weeks but it can vary among individuals. However, the decision of the Chief Executive Officer or other authorized operating official to permit an employee to work up to less than eight weeks before the expected date of delivery shall be made only after consultation with the employee or the Medical Director or the representative.
D. Responsibility of Management – When there is any reservation regarding the physical ability of a pregnant employee to perform their duties without hazard to their health, the Chief Executive Officer or other cognizant authorized operating official shall request the employee to furnish a medical certificate. An employee whose incapacitation for performance of duty is certified for a period commending earlier then eight weeks before the expected date of delivery or extending shall also be required to furnish a medical certificate to the supervisor when their physical condition may become affected by her work.
E. Granting Maternity Leave Beyond the Usual Period – If the employee at the end of their maternity leave, is physically incapacitated for return to duty, sick leave (within the amount available), annual leave (within the amount available), or leave without pay may be granted upon receipt of certification of the need therefore by attending physician or practitioner. Such additional leave shall be granted strictly on a discretionary basis after careful consideration of the work requirements of the affected position, even to the point of ascertaining the need for continuance of the job.
F. Control of Sick Leave Grants for Maternity – Chief Executive Officer and other authorized operating officials shall require proper medical certification for each day of incapacitation due to pregnancy or confinement for which sick leave is granted. This certification shall be obtained in advance and be considered adequate justification for absence chargeable to sick leave. Absence not medically certified to be due to incapacitation for performance of duty, whether it occurs before or after deliver, shall be charged to annual leave if available, or upon the request of the employee, to leave without pay.
G. Investigation of Working Conditions of Pregnant Employees – Pregnant employees should not be used in occupations that involve heavy lifting or other work which requires continuous standing or moving about, neither should they be employed during pregnancy in work involving exposure to toxic substances that exert an injurious effect upon the blood-forming organs, the liver or the kidneys. When the Chief Executive Officer or other authorized operating official finds that the duties of the pregnant employee require activity or exposure which may be injurious to their health or the health of the unborn child, every reasonable effort shall be made to temporarily reassign the employee to other available non-injurious work for which the employee is qualified. The objective is to provide the employee with gainful employment and to make use of the employee skills for as long as the employee is not incapacitated for duty. If another assignment is not available and a medical certificate of the employee's incapacitation for the duties of the employee regular position is received, shall be placed on leave immediately.
11.0435 Military Leave.
A. General Provisions – a full-time employee who serves under an appointment without time limitations and who is a member of a reserve component of the Armed Forces of the United States, the U.S. Pacific Health Service or the National Guard, is entitled to leave of absence for annual military training without charge to annual leave loss of pay or service credit for not more than 15 calendar days in any calendar year. The reserve components of the Armed Forces include the reserves of the Army, Navy, Air Force, Coast Guard and Marine Corps. The National Guard includes the National Guard of the Army and of the Air Force. Excluded is such service as:
1. Summer training as member of the Reserve Officers Training Corps.
2. Temporary Coast Guard Reserve.
3. Participation in parades by member of a State or Territorial guard.
4. Training with a State or Territorial guard or other State or Territorial military organization.
5. Civil Air Patrol.
B. Maximum Military Leave – Military leave is limited to a maximum of 15 calendar days during each year, regardless of number of training periods in a year, and whether taken intermittently, a day at a time or all at one time.
C. Computation – Non-work days falling within a period of absence while on military training duty are charged against the 15 days of military leave allowed during a year but not non-work days at the beginning or end of the period.
D. Use of Annual Leave – Absence which is not chargeable to military leave can be charged to annual leave. Therefore, employees who are called to duty for a period longer than the 15 day period chargeable to military leave can use annual leave for the additional absence.
E. When Granted – When a single period of training extends from one calendar year into the next year, an employee is limited to 15 calendar days for that training period. When an employee has been granted the maximum 15 days allowed during the year and is ordered to a second period of training duty which extends into the next year, the employee may be granted military leave beginning on the first day of the new year. There is no requirement that the active duty be considered as military leave. If circumstances in any particular case warrant, any other 15-day period may be designated as military leave.
F. Pay Status Requirement – Generally, a pay status either immediately prior to the beginning of military duty or a return to pay status immediately afterward is a requisite to entitlement to military leave with pay as, otherwise, no pay would have been lost.
G. Relationship to Annual Leave – When an employee on an annual leave status is called to military training duty, military leave is regarded as having interrupted his annual leave status which may be resumed upon the expiration of his military leave.
H. Documentation – When an employee completes their military duty, the employee shall present to their supervisor a copy of the orders to such duty indicating its date of completion. These orders shall be submitted to the Human Resources Division. Unless this would ordinarily have been granted to the employee as military leave will be charged to annual leave or leave without pay.
11.0436 Court Leave.
A. Court leave is authorized absence, without charge to annual leave or loss of pay or service credit, from official duty for attending court in a non-official capacity as a witness in behalf of the American Samoa Government or the LBJ American Samoa Medical Center Authority. If an employee is on annual leave when called to testify as a witness as described above, a court leave should be substituted. No exception will be made for annual leave that would otherwise be forfeited at the end of leave year. An employee who is on annual leave under advance notice of separation from LBJ-ASMCA is entitled to have proper court leave substituted for annual leave but not to extend beyond the date administratively fixed for this separation.
B. Pay Status Requirement – An employee who requests court leave is subject to the same pay status requirement provisions as those which apply to military leave – (Section 412 F).
C. Witness in Official Capacity – When an employee is called as a court witness in an official capacity, whether on behalf of ASG, LBJ-ASMCA, or of a private party, the employee is considered to be in an official duty status and is entitled to receive regular compensation without regard to any leave regulation.
D. Expiration of Court Leave – When an employee is excused by the court and there remains in that work day at least two hours, it is expected that the employee will return to the place of work unless the return would be spend mostly in travel. If an employee does not return to work when there is sufficient time remaining in the work day to do so, the employee shall be charged with annual leave for the period of time the employee should have worked after having been released by the court.
E. Documentation – All absences that are chargeable to court leave shall be documented and processed in accordance with the provisions of the Chapter above and copies of summons and evidence of appearance shall accompany leave request slips.
11.0437 Excused Absence.
A. Excused is absence from duty, duly authorized by the Chief Executive Officer, without charge to annual leave or loss of pay of service credit under the circumstances described below.
B. Groups of employees may be excused from duty to:
1. Take an employment examination for a position currently occupied or one to which the employee may be promoted or reassigned, not to exceed three hours.
2. Take a physical examination required to determine continued employability.
3. Obtain treatment for an injury sustained in the performance of duty. The employee may be excused for the balance of the day on which the injury occurred.
4. Donate blood to the American Red Cross in American Samoa or in an emergencies to individuals for the time necessary for such donations, not to exceed four hours, provided that the employee does not receive pay for blood.
5. Participate in emergency rescue or protective work under the same provisions as contained in (Section 4113S).
6. Participate in Federally recognized civil defense programs for a reasonable length of time up to 40 hours in a calendar year.
7. Vote and register. An employee who desires to vote or register in an election or in a referendum on a civic matter in the community may be granted time off without loss in pay or service credit or charge to leave, as follows:
a. When the polls are not open for at least two hours either before or after the employee's regular working hours, employee may be allowed two hours of excused absence after the polls open or two hours before the polls close, whichever requires the lesser amount of time.
b. An employee may be excused for such additional time as may be needed to enable the employee to vote, depending upon the circumstances in the individual case but not to exceed a half day, time off in excess of a half day shall be charged to annual leave or, if annual leave is exhausted, to leave without pay.
c. An employee who votes in a jurisdiction which requires registration in person may be granted time off to register substantially on the same basis as for voting except that no such time shall be granted if registration can be accomplished on a non-work day and the place of registration is within reasonable one-day, roundtrip travel distance of the employee's place of residence.
11.0438 Administrative Leave.
A. Administrative leave is proclaimed by the Governor and is for such purposes as national days of mourning, natural disasters, power failure, etc. Only the Governor is authorized to grant administrative leave.
B. Administrative leave hours are paid, non-work hours for LBJ-ASMCA employees.
C. If an LBJ-ASMCA employee is required to work on a day that has been proclaimed for most employees to be a non-work day, employee shall be given either one extra day of straight-time pay or a alternative day off within the same week.
D. Administrative leave may be used when:
1. Normal work operations are interrupted by events or emergencies that are beyond the control of management or employees, such as extreme weather conditions, serious interruptions in public transportation services except as the result of a strike, disasters or other conditions preventing employees from working or reporting to work.
2. The office or project must be closed for short periods, usually one day or less but not to exceed three days, for making repairs, retooling, power failure or other managerial reasons but for loner periods, annual leave or leave without pay shall be scheduled.
3. It is in the interest of the LBJ-ASMCA to relieve employees from work to take part in activities in which LBJ-ASMCA participates, providing employees can be spared without detriment to the work and when those activities do not require the closing down
of LBJ-ASMCA function or project, the employment of relief workers or the payment of overtime.
11.0439 Unauthorized Absence.
Unauthorized absence shall be treated as absence without pay and may be grounds for disciplinary action. Upon return to duty, the employee shall give a written statement to the appointing authority explaining the reason for his absence.
11.0440 Conduct of LBJ-ASMCA Employees.
A. It is the policy of LBJ-ASMC to urge its career service employees and contract specialists to cultivate those personal qualities which characterize a good employee's loyalty to the American Samoa Government and the LBJ-American Samoa Medical Center Authority; a sense of responsibility for the public trust, and a standard of personal deportment which is a credit to the individual himself and to LBJ-ASMCA. Off-the-job conduct is of concern to LBJ-ASMCA if it reflects adversely upon the dignity, integrity and prestige of LBJ-ASMCA service.
B. Misconduct – Any criminal, dishonest, immoral or any other conduct on the part of an employee which would adversely affect LBJ-American Samoa Medical Center Authority. Gambling or the use of alcoholic beverages by employees in public buildings, construction sites or offices administered by LBJ-ASMCA will not be tolerated. Disciplinary action will be taken for the breach of this section.
C. Subordination to Authority – An employee is required to carry out the announced policies and programs of LBJ-ASMCA. While policies related to the employee's work are under consideration, the individual may and is expected to express their opinions and points of view; but, once a decision has been rendered by those in authority, the employee will be expected unreservedly to assure the success of programs which it is the responsibility to effectuate. If the employee's performance, the employee is subject to appropriate disciplinary action.
D. Selling or Soliciting – Employees and other persons are prohibited from selling or soliciting for personal gain within an LBJ-ASMCA without proper permission. This prohibition does not apply to:
?. authorized and installed business activities, e.g., employee cafeterias, etc.
?. Solicitation for other approved purposes and:
?. 3. Token solicitations for floral remembrances, retirement gifts and for similar purposes.
E. Outside Business Activity – An employee shall not engage in any business activity, either in the capacity of employee or otherwise which contravenes the American Samoa Medical Center Authority regulations of conflict of interest or is inconsistent with LBJ-ASMCA policies concerning outside employment as separately treated in (Section 5.1U).
F. Community and Professional Activities – Employees are encouraged to encouraged to participate in activities of professional societies and of civic organizations whose purpose and objectives are not inconsistent with those of the American Samoa Medical Center Authority.
G. LBJ-ASMCA Property – Employees shall be held accountable for LBJ-ASMCA property and moneys entrusted to their official duties. It is their responsibility to protect and safeguard LBJ-ASMCA property and to use them economically and for official purposes only.
H. Gifts – An employee shall not accept from or bestow upon any person or organization with which 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 a superior officials, except as specifically authorized by law or as cited under (Section C. (3)). Except as specifically authorized by law, employees are not authorized to accept from private sources on behalf of the American Samoa Government or of the LBJ American Samoa Medical Center Authority voluntary donations or cash contributions for travel expenses or the furnishing of services in kind, such as hotel accommodations, meals and travel accommodations.
I. Information – It is the policy of the LBJ American Samoa Medical Center Authority to accord the public free access to information about its activities. Guidelines for release of information may be obtained from the Attorney General's Office. 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 already on record. If an employee is requested to give information outside the scope of authority, the employee should refer the request through the immediate supervisor or to the Chief Executive Officer.
J. Equal Government Employment Opportunity Policy – All personnel actions taken regarding career service and contract specialist employees shall be based solely on merit and fitness, and entirely without regard to race, color, religion, national origin, sex, age and physical disability. However, where positions can be filled locally, preference will be given to permanent residents of American Samoa. Any regulation or order of conflict with this Section is hereby rescinded.
K. An employee may not knowingly advocate the overthrow of our constitutional for of government through membership in any organization which asserts the right to strike against the American Samoa Government, or the LBJ American Samoa Medical Center Authority.
L. Political Affiliation – No person in the Executive Branch with authority to take or recommend a personnel action relative to a person in, or an eligible applicant for, a position in LBJ-ASMCA service, may make inquiry concerning the employee's political affiliation, all disclosures concerning political affiliation shall be ignored, except membership in political parties or organizations constituted by law as a disqualification for LBJ-ASMCA employment.
M. Political Activity – It shall be unlawful for an employee of the LBJ-American Samoa Medical Center Authority to actively participate in the management of a political campaign, unless such employee is a candidate and has taken a leave of absence from LBJ-ASMCA employment for the purpose of conducting the campaign.
1. Section 1411 of the Code permits: "…leave without pay shall be freely granted to any LBJ-ASMCA 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.
2. The employee must take leave of absence prior to taking any active part in the management of a campaign.
3. The U.S. Civil Service Commission has ruled that the phrase, "active part in political management" includes not only candidacy, but also political activity prior to the announcement of actual candidacy, and the ruling services as a guide to the interpretation of the essentially identical phase in Section 1511 of the Code.
4. Thus, it is the opinion of the Attorney General's Office that an employee of LBJ American Samoa Medical Center Authority must take a leave of absence upon announcement of candidacy for, or filing as a candidate for political office. The employee must take a leave of absence prior to such announcement or filing if intends to enter into political activity prior to such announcement or filing.
5. The leave of absence may be taken as accrued annual leave, leave without pay or a combination of the two. In the event the employee does not desire to take annual leave, LBJ American Samoa Medical Center Authority in accordance with the Code is obligated to freely grant leave without pay to a candidate for the period of 30 days prior to, and 10 days after election. Leave without pay for longer period may be granted at the discretion of the Chief Executive Officer, according to the needs and convenience of the LBJ American Samoa Medical Center Authority.
6. Under no circumstance may an employee participate in their campaign, or direct or encourage others to do so, until the employee has actually begun the leave period.
7. According to the Attorney General's Office, the word "employee" as used in the Code for this purpose refers to all persons employed by the American Samoa Government and the LBJ-American Samoa Medical Center Authority and not confined to members of the career service. Though the section now appears under "career service (Title 3) in the 1973 compilation of the Code, it was not originally enacted as part of the career service and there was not intent on the part of the Legislature to restrict the application of the statute to career service employees. An attempt to confine the meaning of the word employee to "career service" would render the standards of campaign conduct unenforceable as to an important segment of LBJ-ASMCA employees, as "career service" is much narrower in meaning than "employee".
8. "The career service shall include all employees of ASG and LBJ-ASMCA except contract Federal employees, district, county and village officials, members and employees of the Legislature and Judges". (Section 1203 of the Code).
9. The broader use of the word employee not only carries out the clear intent of Legislature, but it is in keeping with U.S. Civil Service commission decisions.
*10. Act interdicts partisan political activity and covers all Federal officers and employees whether in the classified civil service or not.
*11. The penalty (Section 1511 of the Code) contained in – Section (1) indicates the legislative intent to include both officers and employees within the purview of the political activities control law.
N. Any officer or employee of the LBJ American Samoa Medical Centers Authority who violates this section shall be subject to severe disciplinary action up to including termination.
O. Employee involvement in the campaign of others – The Code absolutely prohibits an employee of the American Samoa Government or the LBJ American Samoa Medical Centers Authority from actively participating in the management of the campaign of another.
P. In keeping with the Code of American Samoa, as LBJ-ASMCA employee who is
NOT a candidate for Office. MAY
• Register and vote in any election
• Express his/her opinion as an individual both privately and publicly on political subjects and candidates
• Display a political picture, sticker, badge or button
• Attend a party, rally, fund-raising function or other gathering on behalf of a candidate
• Sign a political petition as individual
• Make a financial contribution to a political organization or candidate
• Participate in parades and rallies for a candidate as an individual MAY NOT
• Serve as an officer or member of a committee, organization or club for the election a candidate
• Be involved in organizing election activities for a candidate or employee's supporters.
• Directly or indirectly solicit, receive, handle, disburse of account for assessments, contributions or other funds for a candidate.
• Organize, sell tickets, promote or actively participate in a fund-raising activity for a candidate.
• Participate in the organization of any activity designed to solicit votes in support of any candidate.
• The prohibition contained in the foregoing apply whether the employee is on annual leave or leave-without-pay.
• It is impossible to anticipate all circumstances that may arise in the course of an election, and the situations cited above are designed to serve as examples.
• Questions as to specific situations not covered by the above should be directed to the Attorney General's Office.
• Budget Estimates and Legislation – LBJ-ASMCA Employees are required to refrain from promoting legislation relating to programs of LBJ-ASMCA which do not have the official sanction of the proper LBJ-ASMCA authority. It should be clearly understood, however, that nothing in this policy is to be considered as restraining or interfering with the obligation of employees to respond freely and candidly to any inquiries made of them in regard to appropriations or related matters of the Legislature of American Samoa.
• Financial Responsibility – Employees of LBJ-ASMCA are expected to satisfy their financial commitments. Failure to meet one's obligations reflects adversely on one's standing as an LBJ-ASMCA employee.
• Contracts with Employees – Because contracts with its own employees are considered to be against public policy such contracts are not permitted in LBJ¬ASMCA, except where it is clearly shown that the interests of LBJ-ASMCA are
major consideration to be served thereby. The only announced exception to this policy concerns sales of certain types of surplus property to employees under competitive conditions as set for by regulations promulgated by the LBJ-American Samoa Medical Centers Authority.
G. Financial Interests – LBJ-ASMCA 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 relaying upon, information obtained through their employment. Aside from these restrictions, LBJ-ASMCA employees are free to engage in lawful financial transactions to the same extent as private citizens.
H. Outside Work – Outside work is permitted to the extent that it does not prevent an employee from devoting his primary interests. Talents, and energies to the accomplishment of the work LBJ-ASMCA or tend to create a conflict between the private interests of an employee and official responsibilities.
I. Outside work shall not interfere with the performance of, or impair the ability of the employee to satisfactorily perform the employee's official duties. Among other things, abuse of leave privileges to engage in outside work shall be treated as an interference with official performance of the employee's duties and will not be tolerated by LBJ-ASMCA.
11.0441 Separation and Adverse Actions.
It is the policy of the LBJ-American Samoa Medical Center Authority to insure that employees who are unfit or undesirable shall be removed from their position promptly; that those who are guilty of misconduct not sufficiently serious to justify removal, be properly disciplined; that involuntary separations be handled in an orderly manner; and that absolute fairness and protection of employees against arbitrary or capricious action be guaranteed.
11.0442 Voluntary Separation.
A. Resignation – An employee has the right to resign at any time the employee wishes to do so but is expected to afford management a reasonable period of advance notice, which generally is considered to be two weeks. All resignations must be in writing. A request for Personnel Payroll shall be prepared and other appropriate forms shall be completed as directed by Human Resources Manager in order to effect the resignation. In all cases, a copy of the written resignation must accompany the Notice of Official Personnel Action (LBJ-ASMCA Form 303).
B. Resignation in Lieu of Separation for Cause – As indicated in (Section 6.2 A.), an employee may resign at any time; this includes voluntary separation in lieu of removal or while issuance of charges leading to removal is pending. In such instances, operating officials must indicate the abnormal nature of the resignation on the Notice of Official Personnel Action (LBJ-ASMCA Form 303);
C. Withdrawal or Resignation – Once submitted, an employee may withdraw his resignation only at the discretion of the Chief Executive Officer.
D. Rehire – An employee who resigns is eligible for reinstatement at any time if individual has completed the probationary period. If the individual has not completed the probationary period or if, within the five years preceding the date of their current application the individual resigned from the American Samoa Medical Center Authority in lieu of removal, the individual must re-compete through regular competitive procedures.
11.0443 Involuntary Separation.
A. Temporary Employees.
1. Employees who are serving under appointment with a time limitation may be separated at any time without prior notice or right of appeal except in cases where the employee considers the separation due to an alleged discrimination. Procedures for filing of an alleged discrimination are contained in (Section 7.2).
2. Separation of temporary employees shall be requested by supervisors or other authorized operating officials via the Notice of Official Personnel Action (LBJ-ASMCA Form 303).
B. Probationary Employees
1. Employees serving the one-year probationary period may be separated at any time during such period upon proper recommendation and written notice, without right of appeal.
2. Supervisors shall carefully observe the performance and conduct of employees who are serving the probationary period to determine whether the retention of such employees is in the best interests of the LBJ American Samoa Medical Centers Authority.
3. Two months prior to the expiration of an employee's probationary period, the Human Resources Division shall request the Chief Executive Officer and the employee's immediate supervisor for a recommendation as to retention of the employee. If retention is not recommended, and the employee's immediate supervisor shall advise the Human Resources Division in writing. Upon receipt of the written justification, the Human Resources Division shall, provided the stated reasons are valid and clearly set forth, proceed with the separation actions as follows:
a. Issue a written notice to the employee advising that the separation will be effective on this particular date, the reason(s), therefore, and that the right to appeal is not necessary, except in cases of alleged discrimination.
b. Finally process of the separation in accordance with instructions applying within the Human Resources Division only, including issuance of a Notice of Official Personnel Action (LBJ-ASMCA Form 303).
C. Permanent Employees.
1. Except under drastic circumstances, the separation for cause or removal of an employee serving under an appointment without a time limitation, who has completed the one (1) year probationary period, should be preceded by adequate documentation in the form of warnings and/or reprimands which are a matter of written record.
2. Removal may be effected for any of the reasons referred to in this Manual, such as violation of standards of employee conduct.
3. Removal shall be recommended to the Chief Executive Officer by the employee's Supervisor in writing, supported by a written account of the circumstances and events underlying the recommendation.
4. Upon receipt of the written justification recommending the removal of an employee, the Chief Executive Officer shall give careful consideration to such recommendation and all background information of record. In this connection the Chief Executive Officer is expected to consult with the recommending operating official concerned.
5. If the Executive Director considers the recommending official's request reasonable, the Human Resources Manager shall advise the employee in writing of the removal action to take effect thirty (30) calendar days from the date of the notice, the reasons therefore, and that the employee may request a hearing before the Board within ten (10) calendar working days from the date the employee receives the notice.
6. If the employee does not appeal or if the employee appeals and the appeal is denied, the employee's removal shall be processed finally in accordance with instructions applying within the Human Resources Division only, including issuance of a Notice of Official Personnel Action (LBJ-ASMCA Form 303).
7. The employee will normally be retained in an active duty status during the 30-day notice period. However, if the circumstances are such that retention of the employee in an active duty status in the employee's position may result in damage to LBJ-ASMCA property or may be detrimental to the interest of LBJ-ASMCA or injurious to the employee, fellow workers or the general public, the employee may be:
a. Temporarily assigned duties in which these conditions will not exist.
b. Placed on annual leave with his consent.
c. Suspended pending the expiration of the 30-day notice period. The suspension is a separate adverse action and will be effected by a separate notice to the employee. The specific reasons for not retaining the employee in an active duty status during the notice period must be included in the notice of suspension and approved by the Chief Executive Officer prior to implementation.
11.0444 Demotion.
Any personnel action resulting in the reduction in compensation or grade of an employee constitutes a demotion.
A. Voluntary Demotion – In order for a demotion to be voluntary, it must be requested in writing by the employee concerned without promoting or coercion. Such requests shall be directed to the Human Resources Division together with a request for a Notice of Official Personnel Action (LBJ-ASMCA Form 303).
B. Involuntary Demotion
1. Disciplinary.
a. Permanent Employees – Such actions are subject to the provisions of (Section 6.3 C. (1)).
b. Temporary and Probationary Employees – Such employees may be demoted without notice or appeal rights except in cases of alleged discriminations.
C. Reclassification Downward – All employees whose positions are reclassified downward shall receive 30 days advance written notice of such action which shall also advise them of their right of appeal in accordance with the provision of (Chapter 3) of this Manual. Final processing shall be effected in accordance with instructions applying within the Human Resources Division only, including issuance of a Notice of Official Personnel Action (LBJ-ASMCA Form 303).
11.0445 Suspension.
A. Any employee serving under an appointment without a time limitation, regardless of whether the individual has completed the one-year probationary period, may be suspended from duty without pay for a period not to exceed 30 calendar days as a less severe disciplinary measure than removal, as provided below;
B. Preliminary Investigation – Before action is taken against an employee, the supervisor having authority to propose such action, or a designated representative, shall make such inquiry or investigation as consider necessary to assure the facts in the case.
C. Discussion with Employee – When investigation, indicates that action should be taken, the Chief Executive Officer shall hold an informal hearing with the employee. At the outset the employee should be advised of the contemplated penalty, the specific instances of misconduct, dereliction of duty, or other reasons for contemplated action and of individual's right to reply. The employee shall be permitted to present their side of the case. The employee shall be advised of the decision at the conclusion of the hearing, if practicable. Only the Chief Executive Officer shall conduct these hearings.
D. Decision – If the decision is made to initiate disciplinary action, suspension shall be recommended by the employee's immediate supervisor to the Chief Executive Officer or by the Chief Executive Officer, in writing supported by an account of the circumstances and events underlying the recommendation including reference to the date of the hearing and name of participants.
E. Action by the Chief Executive Officer.
1. Upon receipt of the request recommending suspension of an employee and, if the reasons therefore are considered valid, the Chief Executive Officer shall furnish the employee with advance written notice – advising the individual of the specific dates of the suspension, the reasons therefore, corrective action employee. Before action is taken against an employee, the supervisor having the authority to propose or effect such action or the designated representative shall make such inquiry or investigation is consider necessary to assure of the facts in the case.
2. Discussion with Employee – When investigation to be taken by the employee and what the consequences will be if the individual fails to do so or if there is a repetition of the causes of the suspension.
3. The employee may be placed in a non-duty status with pay for such time, not to exceed five days, as is necessary to effect the suspension.
4. The suspension action shall be processed finally in accordance with instructions applying within the Human Resources Division only, including issuance of a Notice of Official Personnel Action (LBJ-ASMCA Form 303).
11.0446 Letter of Reprimand.
A. Authority and Preliminary Investigation – Letters of Reprimand may be issued by first line supervisors. The following procedure shall be used when it is proposed to issue a letter of reprimand to any indicates that action should be taken, the supervisor shall hold an informal discussion with the employee. At the outset of this discussion, the employee shall be advised of the contemplated penalty, the specific instances of misconduct, dereliction of duty, or other reasons for the contemplated action and of his right of replay. The employee shall be permitted to present his side of the case. The employee shall be advised of the decision at the conclusion of the discussion, if this is practicable. Human Resources Manager or staff shall be involved in these discussions.
B. Decision – If the decision is made take disciplinary action, the letter of reprimand shall reference the discussion held and shall cite the specific reasons for the action to be taken.
11.0447 Voluntary Reassignment.
A. When the Chief Executive Officer concurs with the supervisor's recommendation, any employee may be moved involuntarily from one position to another, which may or may not involve a change in line of work, without reference to any of the protective provisions described, provided no reduction in grade or rate of compensation is involved.
B. An involuntary reassignment is actually an "administrative assignment" with the best interests of the LBJ-American Samoa Medical Centers Authority as the primary objective.
C. Failure of an employee to comply with an involuntary (administrative) reassignment shall result in the employee's immediate separation.
D. All recommendations and final processing of involuntary reassignments are effected by the use of a Notice of Official Personnel Action (LBJ-ASMCA Form 303).
11.0449 Hearings Before the Governing Board of Directors.
A. When an employee fails to report for duty or to return from leave for five or more consecutive work days, the employee may be considered to have abandoned the position. Care must be taken, however, that before a final decision is made that the individual has truly abandoned the position, the supervisor shall make an effort to contact the employee to determine his intentions. If the employee intends in fact to resign, this should be the action taken rather than abandonment of position, as future employment opportunity with LBJ-ASMCA may be affected. If the supervisor is unable to ascertain the employee's intention concerning his return to duty, processing of abandonment of position is proper and should be handled as follows:
B. Action by Operating Officials – The employee's supervisor or Human Resources Manager shall recommend to the Chief Executive Officer with a request for Notice of Official Personnel Action (LBJ-ASMCA Form 303) that the employee be separated for job abandonment of the position. Under the "Remarks" section, list when (date) and what effort the supervisor (name) made to contact the employee and the result of that effort.
C. Action by the Chief Executive Officer – Upon receipt of the request mentioned above, the Chief Executive Officer shall proceed with the separation action in accordance with instructions applying within the Human Resources Division only, including issuance of Notice of Official Personnel Action (LBJ¬ASMCA Form 303).
11.0450 Standard Schedule of Disciplinary Offenses and Penalties.
Hearing before the Governing Board of Directors will be conducted in accordance with the procedure promulgated by the Governing Board of Directors, copies of which are available in the Chief Executive Officer's Office.
11.0451 Appeals and Grievances.
A. General Statement – The Standard Schedule of Disciplinary Offenses and Penalties (Annex B) is provided as a guide in the administration of discipline. Since the schedule is of the utmost concern to all employees, conspicuous posting is required. The Standard Schedule provides a uniform code of penalties for a reasonably complete list of offenses. The range of penalties is provided to give flexibility in dealing with particular situations. In general, after consideration of all circumstances, the penalty assessed should be the minimum which may reasonably be expected to correct the employee and maintain discipline and morale among other employees.
B. Purposes – The Purposes of the Schedule are:
1. To provide a measure of uniformity in imposing penalties consistent with individual differences and the nature of the position held.
2. To develop generally on the part of employees a clearer understanding of what constitutes reasonable cause for disciplinary action.
3. To provide a standard and uniform basis for disciplinary offenses and penalties and to support management in its administration of disciplinary matters.
C. Application – In applying the Standard Schedule, the following instructions and guides are provided:
1. Use of the Standard Schedule in presenting charges – When presenting charges to the employee, a blanket statement from the Schedule should not be used. Use only the parts which describe the employee's actual conduct and leave out parts which do not apply, for example, if an employee used abusive language only and not with Offense No 23 in its entirely. If the reason for contemplated disciplinary action cannot be described in terms of an offense from the Schedule, it should be possible to state the reason in terms of regulations or rules of general conduct which have been violated or damaged due to employee's interference with management operations resulting from the employee's action. The factor of willful negligence should be avoided, as willfulness is difficult to establish.
2. Generally, the question of willfulness may be discarded if the fact of negligence, failure or dereliction of the employee is established.
3. Combination of Offenses – The schedule provides for disciplinary action in the case of a combination of any of the offenses listed. However, the preferment of more than one charge for a single offenses (example: "Sleeping and loafing"), is prohibited. In such cases, the more appropriate offense should be used and the proper penalty assessed. Where the infraction covers a combination of two or more normally unrelated offenses (example: "Intoxication" and "insubordination"), charges covering each offense should be preferred and a heavier penalty than that prescribed for any one such offense may be assessed.
4. Reckoning Period – The Standard Schedule provides for a reckoning period of specific interval of time, after an offense occurs. A repetition of the offense within the period calls for a more severe penalty as determined by the circumstances. Reckoning periods are not cumulative. They commence with the occurrence of the offense and expire absolutely at the end of the period of specified for the offense. To identify the offense as the first, second, or third with a reckoning period, review the record and determine if the employee has committed a like offense during the period, occurring just prior to the current offense.
5. Letters of Reprimand – the Standard Schedule provides for a letter of reprimand as the minimum penalty for all offenses. A copy of each reprimand shall be placed in the official personnel folder of the employee concerned. Reprimands may be considered in determining disciplinary action taken at later dates. The letter of reprimand should not be confused with letters of caution or requirement which establish standards of conduct and performance, with written warnings as used with performance ratings or with other adverse correspondence such as used in cases involving abuse of sick leave.
6. Suspensions – The Standard Schedule provides for suspensions of vary lengths of time for all offenses. Suspension penalties are applicable to work days only.
D. Deferred Suspension.
1. Deferred suspensions help reduce lost time and may be suitable in some circumstances. If a suspension is deferred, it is held in abeyance during the reckoning period, contingent upon satisfactory conduct of the employee. When a suspension is deferred, the employee should be told in writing of the specific conditions under which it will be held in abeyance. (Note: A deferred suspension shall not be used as a PROPOSED disciplinary measure).
2. A deferred suspension may be invoked when a subsequent offense of any kind occurs during the reckoning period. The suspension may be summarily carried out if the employee committed a subsequent offense. If the individual does, and the proposed disciplinary action for the current offense. If a current offense is not established, a deferred suspension for a previous offense cannot be invoked. A deferred suspension shall be considered a letter of reprimand.
E. Demotions – The Standard Schedule provides that, where appropriate, consideration may be given to demotion as a disciplinary penalty in lieu of removal. Normally, demotion should be taken as a disciplinary measure only in cases involving supervisory personnel.
F. Considering the Past Record.
1. The Standard Schedule provides that penalties for disciplinary offenses will, in general, fall within the ranges indicated. However, unusual cases, depending upon the gravity of the offense and the past record of the employee, a penalty, either more or less severe than the maximum range provided for in the Schedule may be imposed. If an employee's record of past disciplinary offences is considered in assessing the penalty for a current offense, the employee must be so advised of this fact in the advance notice proposing the adverse action or in the notice proposing the adverse action or in the notice of adverse action if no advance notice is required. Not more than two years of an employee's past disciplinary record shall be considered in such connection.
2. Depending upon the severity of the offense, removal proceedings may be instituted against an employee for any four offenses committed in any 24 months period which include two or more offenses of the Standard Schedule or for the fourth occurrence of the same offense within the reckoning for that offense.
11.0452 Appeals.
Any permanent career service employee may appeal any of the following actions which the individual considers to adversely affect as an employee:
A. A performance evaluation.
B. A separation or termination action.
C. A classification decision.
D. Alleged act of discrimination.
E. Disciplinary actions.
F. Non-selection for promotion from a group of properly ranked and certified candidates.
11.0453 Grievances.
A. All appeals must be made in writing and state clearly the basis for appeals to the Board of Directors via the Chief Executive Officer and must be filed in the Office of the Chief Executive Officer within ten work days after the effective date of the action appealed, except in the case of RIF, (Chapter 8). The appeal should also include the employee's request for a hearing if the individual desires and is entitled to one.
B. If the Chief Executive Officer approves the hearing, it shall include the written appeal on the agenda of the Board's next scheduled meeting. If the appeal involves a removal, suspension or demotion, however, the Chief Executive Office shall arrange an appeal hearing as soon as possible and the hearing shall be heard by the Board within 30 days after the receipt of the appeal by the Chief Executive Officer. However, the Board of Directors may deny a hearing for any reason, extraordinary circumstance or when the employee has failed to request a hearing offered before the original decision.
C. Hearings before the Board of Directors shall be conducted in accordance with the procedures promulgated by the Board. Copies are available in the Chief Executive Officer's Office.
D. Attendance of other interest parties and or counsel may be limited by the Chief Executive Officer if good order, justice and fairness will be promoted.
E. An employee who is terminated from career service may request the Board of Directors to place his name on an appropriate re-employment list and the Board of Directors shall grant this request where the circumstances are found to warrant re-employment.
F. An employee may terminate their appeal at any time. An employee's request that his appeal be discontinued should there, be complied with.
G. A proper appeal filed before the death of the employee must be processed to completion and adjudicated. If appropriate, the Board of Directors may provide for amendment of the employee's records to show retroactive restoration and the employee's continuance on the rolls in an active duty status to the date of death.
H. If the decision is to take adverse action and the employee appeals this action, the appeal must be considered by the Chief Executive Officer. On the other hand, if the decision is not to take this adverse action no further action is required by the Chief Executive Officer in terms of consideration to the appeal.
I. Hearing Preparations shall be follows:
1. Prior to the hearing, the entire appeal file shall be made available upon request to the employee or to a representative except when a file contains medical records concerning a physical or mental condition which a prudent physician would hesitate to inform the person concerned.
2. All parties shall be served with notice at least ten days before the date set for the hearing. The notice shall state the time and place of such hearing.
J. Authorization for Depositions.
1. A party who desires to take the deposition of any person in an oral examination shall give reasonable notice of not less than three days in writing to the Board of Directors and all parties. The notice shall state the time and place of taking the deposition and the name and address of each person to be examined.
2. The deposition officer shall be a person who is authorized to administer oaths by the laws of the Territory of American Samoa.
3. The officer shall certify on the deposition that the witness was duly sworn by the officer and that the deposition is a true record of the testimony given by the witness. The officer shall then securely seal the deposition in an envelope endorsed with the title of the proceedings and marked "Deposition of (here insert name of the witness)" and shall promptly send it by registered or certified mail to the Chief Executive Officer for filing. The party taking the deposition shall give prompt notice of its filing to all other parties.
K. Conduct of Hearings.
1. The employee shall present his case first. Evidence may be either documentary or by affidavit. The employee must not use affidavits to exempt persons from cross examination. The employee should not accept an affidavit in lieu of personal testimony from a witness who is present at the hearing.
2. All persons appearing in proceedings before the Board of Directors in a representative capacity shall conform to the standards of ethical conduct required of attorneys and witnesses before the Court of American Samoa. If any such person does not conform to such standards, the Board of Directors may decline to permit such person to appear in a representative capacity in any proceeding before the Board of Directors.
3. Witnesses shall be assured freedom from restraint, interference, coercion, discrimination or reprisal in presenting their testimony. Employees are in a duty status during the time they are made available as witnesses.
L. Conclusions. Within 30 days after the conclusion of the hearings, the Board of Directors shall make fully record in its permanent records finding of fact and reasons for the action taken and its order based thereon which shall be final, subject only to further action if the employee appeals the decision in court. At the same time the Board of Directors shall send a copy of the findings and conclusions to the employee's address as given at the hearing or to a representative designated by the employee.
M. Restoration of Rights. Any employee, when fully reinstated after appeal, shall be guaranteed all employee rights and benefits, including back pay, sick leave, annual leave, accrual and retirement.
N. Correction of Performance Evaluation. A correction of a performance evaluation shall not affect a certification or appointment which has already been made from the register; the decision of Board of Directors in matters shall be final and binding.
O. Correction of Classification Decision. Correction of a classification decision which results in a promotion or demotion shall be handled as stated in (Chapter 3) of this manual. The Board of Directors will determine the effective date of any such action.
11.0454 Reduction in Force.
A.The LBJ American Samoa Medical Center Authority, to be consistent with efficient work practices, and in recognition of the importance of the individual employee and the desirability of prompt consideration and disposition of problems affecting the employee's work environment, has established a procedure for the equitable handling of employee grievances.
1. Career service employees and contract specialists covered by these procedures shall have freedom to seek a solution of grievances without fear of restraint, interference, coercion, discrimination or reprisal.
2. Career service employees and contract specialists must follow normal channels in presenting their grievances. The normal channels include:
a. Informal Grievance Procedures which shall be as simple as possible and encourage settlement of matters at the lowest possible administrative level within the employee's division.
b. Each employee is expected to make a maximum effort to achieve information settlement of their grievance. The employee should bring the matter to the attention of management promptly and proceed with dispatch.
c. An employee may present a grievance concerning a continuing a practice or condition at any time. Employee must present grievance concerning a particular act or occurrence on the same date the employee became aware of the act or occurrence. The Chief Executive Officer may extend the time of one day if the employee gives a good reason for not presenting his grievance within that time limit.
B.Grievance Committee. A permanent, ad hoc grievance committee of four members shall be appointed by the Chief Executive Officer, only three of which shall conduct hearings at any one time. No person shall serve on a committee who is employed in the same division as the employee. The Chief Executive Officer shall designate which member shall act as chairman at each hearing.
1. The committee shall prepare written report of its findings to the employee and the employee's supervisor within ten calendar days. Decisions of the committee shall be advisory.
2. An employee shall have the right to be accompanied, represented and advised by a representative of their own choosing in presenting the grievance.
11.0455 Furlough.
A.Employees may be separated in accordance with the statutes and approved Reduction-in-Force procedures of LBJ-ASMCA, without prejudice, because of lack of funds, curtailment of work or reorganization.
1. Permanent employees may be separated only after 15 calendar days notice in writing.
2. Emergency, intermittent, temporary or probationary employees may be separated immediately after notice in writing.
B.It is the responsibility of Human Resources Division to develop a Reduction-In-Force procedure which shall include:
1. Clearly defined layoff unit(s), either geographically or by administrative units or both, so as to limit the disruption of LBJ-ASMCA's total operation; but not so small as to unduly restrict the options available to employees with greater seniority.
2. The order of separation for employees which shall be based on the type of appointments held and by assigned class.
C.The order for separating employees for LBJ-American Samoa Medical Center Authority is as follows:
1. Employees with Emergency Appointments shall be separated first.
2. Employees with Intermittent Appointments shall be separated next.
3. Employees with Temporary Appointments shall be separated next.
4. Employees with Probationary Appointments shall be separated next.
5. Employees with Permanent Appointments shall be separated next.
6. Emergency, intermittent, temporary or probationary appointees shall be laid off as administratively determined by Human Resources Division and approved by the Chief Executive Officer.
D.The order of separation of permanent employees shall be based on seniority and such employees do have the right to appeal as provided in (Part of Chapter 7).
E. Class as referenced in (Section 8.1.B(2)) is 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.
F. The definition of seniority shall be the total length of service of an employee in LBJ-ASMCA.
G.Seniority shall be measured based on the official service computation date of the employee with LBJ-ASMCA as determined by the Human Resources Division.
H.In determining the service computation date, employees shall be allowed credit for all time worked in LBJ-ASMCA, served on military leave, in and for other periods or leaves of absence authorized by LBJ-ASMCA.
I. In case of a tie, the employee with the most total broken or unbroken seniority assigned will prevail.
J. If the tie remains, the employee with the most total broken or unbroken seniority within the class will prevail.
K.If the tie can still not be broken, the determination will be based on the most recent official performance evaluation of the affected employees.
L. In the event the tie still cannot be broken, the determination will be made by lot.
M. If a function is transferred by LBJ-ASMCA action, the employees incumbent in those positions will earn seniority from the date they entered LBJ¬ASMCA.
N. It is the responsibility of each employee to bring any discrepancy in a service computation date or other date used for seniority to the attention of the Chief Executive Officer or Human Resources Manager in order to resolve any differences.
O. The rights of employees who have been scheduled for Reduction-in¬force to take a reassignment or a voluntary demotion to a vacancy that is to be filled in their own layoff unit for which they qualify, is determined by the Chief Executive Officer and Human Resources Manager. This right to be exercised according to the seniority of those desiring the same vacancy.
P. Rights and obligations for employees to accept or reject options offered in lieu of separation due to Reduction-in-Force.
Q. The right to "Bump" as well as the provision that only after the employee to be "bumped" has received 15 calendar days notice of the scheduled action can another employee displace them.
R. No permanent employee shall lose the employee's position through Reduction-in-Force without being first offered by the Chief Executive Officer and Human Resources Division Manager those positions within the layoff unit for which the individual qualifies at the time of the Reduction-in-Force currently being held by emergency, temporary or probationary employees: but only within 15 calendar days prior to what would be the permanent employee's effective separation.
S. Permanent employees separated due to Reduction-in-Force shall be placed on the LBJ-American Samoa Medical Center Authority wide Reduction¬in-Force Register for one year.
11.0456 Appeals.
A. A furlough is normally a Reduction-In-Force action and therefore Reduction-In-Force procedures are followed. An employee may be furloughed when it is intended to recall the individual to duty within one year in the position from which furloughed. Furlough is not used unless it seems certain that the Reduction-In-Force is a temporary condition and that the furloughed employee will be returned to duty. When possibility of recall within one year is doubtful, the separation (termination) procedures under Reduction-In-Force should be followed. Although furlough is not an absolute commitment of recall, it may cause serious employee relations problems if used in the absence of very strong likelihood of recall to duty.
B. Order of Furlough – A competing employee in Reduction-In-Force may not be separated while an employee with lower retention standing in this individual's layoff unit is on furlough from the same class. The separation of a furloughed employee is a new Reduction-In-Force action for the furloughed employee and the applicable procedures must be followed.
1. Maximum Length of Furlough – Furlough may not extend more than one year. The one-year limit on furlough is imposed because furlough results in unearned benefits such as additional service credit for Reduction-In-Force and leave. These benefits are not considered to be in the interest of LBJ¬ASMCA when extended beyond a year. The one-year time limit begins the day after the end of the notice period.
2. Order of Recall from Furlough – when more than one employee is furloughed from the same class and layoff unit, each is recalled in the order of this individual's retention standing, beginning with the furloughed employee with the highest standing. Recall from furlough for accepting other options, like placement in lieu of separation or furlough, is determined by the qualifications, availability and sub-group standing of the furloughed employees. Employees on furlough have rights at least equal to those that they would have had they been separated and placed on LBJ-ASMCA wide Reduction-In-Force.
3. No Recall from Furlough – If the situation changes so that furloughed employees cannot be recalled to duty, a new Reduction-In-Force notice must be issued at least 15 calendar days before separation. When a one year furlough is to end in separation, a notice is issued soon enough to give the furloughed employee at least 15 calendar days' advance notice of separation and also soon enough to keep the furlough from exceeding the maximum length of one year.
4. No Return from Furlough – If a furloughed employee refuses or does not respond to calls to return to duty, a new Reduction-In-Force notice is not required. However, the employee's separation is termed a separation in Reduction-In-Force and is effective on or after the specified date or return to duty.
5. Short Furlough – When it is necessary to furlough an employee for no more than 30 days because of lack of work of funds, the furlough is not a Reduction-In-Force action. In such cases, however, emergency, intermittent, temporary and probationary employees must be terminated prior to furloughing any permanent career service employees who are in the same class and layoff unit.
C. Reduction of Hours of Full-Time Employment. When due to lack of fund or curtailment of work. Reduction-In-Force procedures are contemplated, hours of work of full-time employees regardless of tenure or seniority can be reduced from 40 hours per week to a minimum of 32 hours per week in lieu of Reduction-In-Force. Annual salary shall be reduced according based upon the number of hours actually worked. The hours eliminated shall be considered non-working hours of LBJ-ASMCA for the employees concerned, and annual leave shall not be authorized or taken for such hours.
D. Reduction of hours of full-time employees is not a Reduction-In-Force action and can be administratively implemented by Chief Executive Officer. When hours of full-time employees are reduced in lieu of Reduction¬In-Force, employment will be considered full time for purposed of sick and annual leave accrual and seniority.
11.0457 Contract Specialist.
A permanent employee officially notified of a proposed separation or furlough due to Reduction-In-Force may request a hearing before the Board of Directors. The employee's request must be in writing to the Chief Executive Officer within five calendar days of the date the employee receives the written notice. The employee request should contain a written justification for requesting the hearing. If the request is granted, the Board of Directors shall render a decision within the 15 calendar days' notice period cited in (Section 8.1).
11.0458 Contract Recruitment.
Contract Specialists are not part of the career service of the LBJ American Samoa Medical Center Authority. The employment of a contract specialist is governed by the contract that the employee signs prior to accepting a position with the Chief Executive Officer. As such, contract specialists are not entitled to the regular benefits of the career service including retirement, periodic step increments and premium pay. A contract specialist is employed for a specific function, the minimum qualifications of which no resident of American Samoa at the time of the opening could be found to meet. Contract specialists are recruited without discrimination because of race, color, age, sex, national origin, religion or politics. All candidates for contract appointment receive uniform treatment. All selectees and their accompanying dependents shall be required to take pre-employment physical examinations which shall be approved by the Chief Executive Officer.
11.0459 Contract Compensation.
A. All vacant positions within the LBJ American Samoa Medical Center Authority shall be filled on a career service basis whenever possible.
B. Preference will be given to all persons classified as permanent residents under the laws of American in accordance with the policies of the LBJ American Samoa Medical Center Authority for all positions to be filled in the career service.
C. Advertisement for vacancies may be simultaneously placed locally, in Hawaii and on the Mainland for filling with the career service.
D. Applicants who are entitled to permanent residence in American Samoa who live outside of American Samoa shall be given consideration for career service positions equal to that given those who live in American Samoa.
E. All current regulations, procedures and benefits for positions in the career service will apply.
F. When a position cannot be filled within the career service, it may be filled from abroad by contract. Competition and selection for contract positions shall be based solely on merit, fitness, and entirely without regard to race, color, sex, age, religion or national origin. No preference shall be permitted other than that which relates to qualifications. It is the policy of the LBJ American Samoa Medical Center Authority that the most qualified applicant be selected for any position filled by contract. Qualifications will be measured against the requirements of the positions and examinations administered under (Section 2) of this manual. No more than five names shall be certified at any one time. Requests for additional names may be made to replace names of eligible who:
1. Are no longer interested in employment.
2. Were not satisfactory for valid and permanent reasons directly connected with the position as determined by the Chief Executive Officer from written report by the selecting authority.
11.0460 Contract Expiration.
A. Compensation for positions filled by contract shall be based on the salary rates of the career service.
B. Base salaries shall be taken from LBJ American Samoa Medical Centers General Salary Schedule.
C. An overseas post differential may be applied to the base salaries of some management positions filled by contract.
D. Contract specialist, their dependents and household effects, will be transported to American Samoa and returned following contract maturity pursuant to similar policy set forth in the Government of American Samoa Administrative Manual.
E. Housing, medical requirements and care and other physical benefits will be in accordance with policy as set forth by LBJ-ASMCA similar as outlined in the Government of American Samoa Administrative Manual.
F. Contract Specialists who are on twelve-month contracts shall accrue annual leave at the rate of 1 day per pay period (26 days per year) and sick leave at the rate of one-half day per pay period (13 days per year). Annual leave can be accumulated without time limitation during the life of a contract. The contract specialist will be reimbursed for unused annual leave at contract maturity. Sick leave can be accumulated without time limitation and can be carried over to subsequent contracts. No reimbursement will be made for excess sick leave.
11.0461 Contract Renewal.
At the expiration of a contract, every effort shall be made to fill the position in the career in the career service. If a position which has been filled by contract can be filled within the career service, the incumbent for that position can compete for the position on a career service basis if the employee is entitled to permanent residency in American Samoa or the employee's spouse is entitled to permanent residency.
11.0462 Miscellaneous.
A. Contract renewal is the prerogative of management and is based solely upon need and performance of a contract specialist as determined by management.
B. Upon expiration of an initial contract, as an inducement for a contract specialist to accept an additional contract, a bonus of 5% for one year renewal, 15% for the first two-year renewal and 10% for each two-year renewal thereafter may be applied to the base salary. Renewal for a one-year period will be limited to one renewal unless prior approval is obtained in writing from the Chief Executive Officer. In addition, contract reimbursement will be reviewed at contract maturity in terms of the prevailing economy and salaries for the field of specialty in the geographical area of the specialist's permanent residence.
C. A one-year renewal (third year) contract entitles the specialist to:
1. Transportation costs for specialist and its dependents to the point of recruitment and return to American Samoa at the conclusion of the initial, two year contract. If the specialist elects not to travel to the point of recruitment, an allowance, equivalent to the cost of transportation for the specialist and dependents to the point of recruitment and return will be provided, to be applied to the round trip transportation to the point of recruitment.
2. At the conclusion of the third year (maturity of one year contract renewal), the specialist and dependents will receive a transportation allowance equivalent to 50% of the cost of returning them to their point of recruitment and an allowance equivalent to 100% of the cost of returning their household effects to point of recruitment based upon, but not exceed their established weight allowance.
3. Contract renewal for the full contracting period (two years) entitles the contract specialist to all benefits of the original contract, including travel benefits described in (Section 9.5B(2)), an allowance for shipping an additional 1,000 pounds of household effects if the employee is married of with dependents or 500 pounds if single without dependents and 1000 allowance for shipping established weight allowance of household effects to point of recruitment at contract maturity.
11.0463 Travel Policy.
A. Since the basis for most benefits for a contract specialist is contained in the transportation and post differential (home disruption allowance) it would be inconsistent for the Government of American Samoa to contract with two specialists from the same household.
B. If a dependent enters into employment, regular career service principles and procedures apply.
C. If substantial changes are contemplated in the duties and responsibility assigned to a contract specialist during the life of a contract involved may request a review of the contract compensation by the Chief Executive Officer.
D. Any complaint by a contract specialist shall be handled by following the same procedures as those followed by career service employees (Chapter 7).
E. Contract specialists are urged to conduct themselves both on-the¬job and off-the-job in the same manner as career service employees. Outside work is permitted to the extent that it does not prevent the specialist from devoting time to primary interests, talents and energies to the accomplishment of his contracted work for the LBJ American Samoa Medical Center Authority or tend to create a conflict of interest.
F. Nominations for the training of Contract Specialists shall be submitted by the Contract Specialist's immediate supervisor to the Manager of Human Resources Division who shall retain discretion for its approval or disapproval. No contract specialist shall be recommended for training to gain skills or knowledge which the employee might reasonably be expected to possess in order to have been selected for the position.
G. In all contract recruitment and placement activities, the same policy applies to contract specialists as to employees in the career service whereby two or more members of a family maybe employed within the same office as long as a spouse or family member does not officially and immediately supervise the other. This requirement not only is applied on the basis of facts as they exist at the time of appointment but at any time while serving as an employee of the LBJ American Samoa Medical Center Authority.
11.0464 Travel Approval.
It is the policy of the LBJ American Samoa Medical Center Authority to adopt the American Samoa Government Travel and Transportation Policy Manual as applied to LBJ-ASMCA employee's travel on LBJ-ASMCA business.
11.0465 Travel Arrangements.
For employees contemplating travel on LBJ-ASMCA business, LBJ¬ASMCA Form TA-02 should be filled out and signed by the appropriate LBJ¬ASMCA official requesting travel. No formal processing of travel arrangements should be initiated prior to obtaining final approval from the Chief Executive Officer.
11.0466 Travel Allowance.
Once travel is approved by the Chief Executive Officer, the Human Resources Manager will seek the most economical air fare using internet resources as well as those offered by the local travel agents.
11.0467 Travel Report.
As soon as the air fare cost is determined and a local travel agent is selected, a Purchase Order shall be issued for the lowest fare quoted. Advance Per Diem Allowance should be based on the most recent table available in the American Samoa Government Travel Manual. Modest advance allowance for land transportation should be included if appropriate and justifiable. Registration Fees and other miscellaneous fees should also be included in the advance allowance, if not already paid.
11.0468 An Oral Report.
Upon the return of the employee from LBJ-ASMCA travel, a travel report is required to be submitted within 30 days. Failure to submit a travel report within 30 days will prevent the employee from future travel consideration in addition to other penalties.
11.0468 Travel for Board Members and Chief Executive Officer.
Travel for the Chief Executive Officer and Board Members are processed on LBJ-ASMCA Form TA-01. Upon formal travel approval through Board action, the cost of Air Fare, Per Diem, and other related expenses are to be advanced to the traveler. Air fare is based on unrestricted full coach fare obtained from Internet resources or local travel agent. Per Diem will be set using the ASG standard rate plus $75.00 per day for miscellaneous expenses. Registration Fees are paid directly by LBJ-ASMCA at the time conference registration is made.
11.0488 Abandonment of Position.
A trip report at the following Board Meeting upon the return of the traveler is mandatory.