Public Serv.System

There is hereby established in the State Government a system of personnel administration based on merit principles and accepted personnel methods governing the classification of positions and the employment, conduct, movement, and separation of public officers and employees. This system of personnel administration shall be referred to as the ~~Truk~~ Chuuk State Public Service System.

(6) "Class" or "class positions" means a group of positions sufficiently similar so that all can reasonably be identified by the same title, be filled by applying the same qualification standards, and be equitably compensated by the same salary level. A class may consist of only one position or of any greater number of positions.

(10) "Reemployment list" means a list of persons who have been regular employees in the Public Service and who are entitled to have their names certified for appointment to a position in the class in which they last held permanent status, or in a related class in the same or a lower salary range for which they meet the qualification requirements.

(16) "Probation period" means a period of probationary employment status of not less than six months nor more than one year from the beginning of an employee's service in a particular position or class in the Public Service.

(17) "Base salary" means the specific rate of pay for a given pay level and step as contained within the Base Salary Schedule established by law. "Base salary" does not include differentials or allowances for standby, night work, transfer, overtime, holiday work, travel, per diem, or other similar ones.

(2) No discrimination against any person because of a physical handicap unconnected to his ability to perform effectively the duties of the position in which he is employed or in which he is seeking employment; provided that the employment of such physically handicapped person will not be hazardous to him nor endanger the health or safety of others, nor require major expenditures by the State Government to provide such employee or candidate for employment with an adequate place of work or access thereto.

(1) Notwithstanding the provisions of Section 1004 of this Chapter ~~above~~, preference shall be given to qualified citizens of the Federated States of Micronesia in making appointments and promotions and providing opportunities for training in the Public Service.

(1) Every regular employee shall be entitled to hold his position during good behavior subject to suspension, demotion, lay-off, retirement or dismissal only as provided in this ~~act~~ Chapter and in the regulations adopted in pursuance thereof; provided, however, that the tenure of a contract employee is the term of his contract.

(2) No employee in the Public Service shall be suspended, demoted, dismissed, laid off, retired or otherwise discriminated against because of sex, marital status, race, religious or political affiliation, place of origin, or ancestry.

(c) Cooperate fully with and attend, or assign a qualified representative to attend all meetings of the ad hoc committees organized under Section 1025(3) of this Chapter, and provide the committee with such technical advice as it may require;

The Personnel Officer shall draft regulations for personnel administration in the State Government, and shall submit such proposed regulations, together with his comments and recommendations thereon, to the Governor. The Governor, after considering the recommendations of the Personnel Officer, shall promulgate personnel regulations in the manner provided by law. When promulgated, such regulations shall have the force and effect of law. They may relate to any matter not inconsistent with law concerning the establishment and maintenance of a system of personnel management based on merit principles, including but not limited to matters set forth in this ~~Act~~ Chapter, and may be amended or replaced through the same procedure by which they were adopted or by statute.

(1) The State Public Service System shall apply to all employees of and positions in the State Government now existing or hereafter established and to all personnel services performed for that government except the following, unless this ~~Act~~ Chapter or provisions thereof are specifically made applicable to them:

(e) Director of Education, Director of Health Services, Director of Marine Resources ~~and Development~~, Director of Agriculture, Director of Public Affairs, Director of Treasury, Director of Public Safety, Director of Public Works, Director of Planning and Statistics, Director of Commerce and Industry, Director of Transportation ~~and Communication~~, Attorney General, Director of Budget, and the Director of Personnel.

(g) Persons or organizations retained by contract when the Personnel Officer has certified that the service to be performed is special or unique and non-permanent and is essential to the public interest, and that, because of the degree of expertise or special knowledge required and the nature of the service to be performed, it would not be practical to obtain personnel to perform such services through normal public service recruitment procedures;

Except as otherwise provided in this ~~Act~~ Chapter and for which appropriations shall have been made, employees shall be recruited by advertisement, for the period and by the media which are appropriate in the circumstances. The advertisement shall include at least the position title, the salary, a brief description of the class, the location of the vacancy or vacancies, the qualification standards required, and the time and place of the examination, if any. The closing date for filing applications shall be clearly stated. On applications which are mailed, the date stamp of the post office on the mailing envelope shall be used to determine compliance with the deadline stated in the advertisement.

(1) General character. There shall be competitive examinations, whenever possible, and as determined by the Personnel Officer, to test the relative fitness of candidates for Public Service positions covered by this ~~Act~~ Chapter. Examinations may be written, oral, performance, or any combination thereof, and shall provide for ascertaining the physical and educational qualifications, experience, knowledge, and skill of applicants and their relative capacity and fitness for the duties of the positions they seek. All examinations shall be free and, except for promotional examinations, shall be open to all candidates, but with such limitations in regard to health, physical condition, education, training, experience, and other relevant matters as are appropriate to the class for which the examination is given. All examinations shall be under the control of the Personnel Officer. All persons who have passed an examination may be required to take such physical examination as may be specified by the Personnel Officer.

(2) Promotional examinations. Examinations may be promotional whenever, in the opinion of the Personnel Officer, such examinations are practicable and for the best advantage of the Public Service. The Personnel Officer shall give ample notice of any promotional examination.

(3) Open-competitive examinations. Examinations shall be open-competitive whenever, in the opinion of the Personnel Officer, such examinations are practicable and for the best advantage of the Public Service. The Personnel Officer shall give ample notice of any open-competitive examination.

(4) Non-competitive Examinations. Non-competitive examinations may be given when, in the opinion of the Personnel Officer, the class for which the examination is to be given calls for special qualifications which could not practically be evaluated through competition, or when the number of qualified candidates does not exceed the number of vacancies to be filled.

(1) General. The Personnel Officer shall cause to be established and maintained separate eligible lists for all classes in which vacancies exist or are anticipated. Eligible lists may be open-competitive, promotional, or reemployment, depending on whether they result from open-competitive examination, promotional examinations, or reemployment registration. An eligible list may remain active for one year, except that the name of a person otherwise eligible may remain on a reemployment list for three years. The active life of an open-competitive or promotional list may be extended by the Officer if candidates thereof remain available and there are more vacancies to be filled than names on the list.

(a) Whenever any employee who has been performing his duties in a satisfactory manner as shown by the appropriate records, is laid off or demoted because of lack of work or lack of funds, or has voluntarily accepted a position in a lower class, or whenever such an employee's position has been reclassified to a lower class, his name shall be registered on the appropriate reemployment list for a period of three years unless he requests its removal. A person on a reemployment list shall be eligible for certification to positions in the class in which he last held permanent status or in a related class, in the same or a lower salary range, for which he meets qualification requirements.

(b) The Personnel Officer may remove the name of a person from any eligible list or refuse to certify his name from any list of eligible persons if he finds, after giving him notice and an opportunity to be heard, that the person is no longer able to perform the necessary duties satisfactorily.

(1) Whenever there is a position to be filled, the management official shall ask the Personnel Officer to submit a list of persons eligible. The Personnel Officer shall thereupon certify a list of five, or such lesser number as may be available, taken from eligible list in the following order: first, reemployment lists; second, promotional lists; and third, open-competitive lists. The management official shall make the appointment from the list of eligibles persons submitted to him unless he finds no person available and acceptable to him on the list, in which case he will ask the Personnel Officer to certify a new list, stating in writing his reasons for rejecting each of the eligibles persons on the list previously submitted to him. If the Officer finds such reasons adequate, he shall then submit a new list of no more than five eligibles persons selected in like manner, from which the management official shall make an appointment. If the Personnel Officer does not find the reason adequate, he shall resubmit the list and the appointment shall be made therefrom.

(2) A management official may fill a vacant position in this department, office, or other agency by promoting any regular employee therein without examination, if the employee meets the minimum class qualifications of the position to which he is to be promoted, and if the position is in the same series as the position held by the employee or is clearly an on upward progression in the same career-ladder of positions; provided, that a qualified employee who is a citizen of the Federated States of Micronesia and a resident of the state shall be given preference for promotion over a non-citizen employee; and provided further, that when there is no material difference between the qualifications of employees holding the same citizenship status, the employee with the longest public service will receive first consideration for promotion.

(1) Conviction of a felony shall not be a bar to employment in the Public Service unless the nature of the felony renders the candidate clearly unsuitable for the position applied for. A pardon shall operate to remove any bar to employment which would have arisen as a result of the felony for which the pardon was granted.

(2) The commission of or the attempt to commit any material deception or fraud in connection with any application or examination shall cause removal and permanent disqualification from appointment in the Public Service, after due notice and hearing by the Personnel Officer.

(1) Provisional appointment pending establishment of an eligible list. When there is no eligible person available on a list appropriate for filling a vacancy in a continuing position and the public interest requires that it be filled before eligibles persons can be certified, the Personnel Officer may authorize the filling of the vacancy through provisional appointment. The Personnel Officer shall proceed without delay to announce an examination to fill the vacancy. The provisional appointment shall continue only for such period as may be necessary to make an appointment from an eligible list but shall not extend beyond 90 ~~ninety~~ days; provided that the Personnel Officer may extend the provisional appointment for a maximum of 90 ~~ninety~~ additional days if an examination has failed to secure any qualified available eligible person.

(2) Emergency appointment. To prevent the stoppage of essential public business, management officials may make emergency appointments, not to exceed ten working days, to fill positions temporarily in any serious emergency when time is insufficient to follow normal appointment procedure. The Personnel Officer may for good and sufficient cause stated in writing by the management official concerned, extend the appointment for an additional period not to exceed 20 ~~twenty~~ working days.

(1) Every employee shall successfully serve a probation period (new) before becoming a regular employee. An employee whose services are unsatisfactory during this probation period may be dismissed from the Public Service at any time by the responsible management official. An employee so dismissed shall have no right of appeal; but, if the employee so requests, the Personnel Officer may in his discretion insert the employee's name on the eligible list or lists for other positions in the same class.

(2) A regular employee who is promoted or transferred to another position in the Public Service shall be required to serve a new probation period in his new position, but he shall be entitled to all the rights and privileges of a member of the Public Service except the right to appeal in case of removal from the new position, as distinguished from dismissal from the Public Service. In case of such removal, the employee shall be reinstated in his former position or in another position in the same class, without prejudice.

(3) When a provisional or temporary appointee subsequently becomes a probationary employee, the period of service in provisional or temporary status shall be counted toward meeting the probation period required by this Section.

All positions subject to the provisions of this ~~Act~~ Chapter shall be classified by the Personnel Officer according to their duties and responsibilities, and shall be grouped into classes on the basis of their similarities in duties, responsibilities, and desirable qualifications. Each class shall be given a title which shall apply to all positions therein, and which shall be used for all personnel, budgetary, and financial purposes. In preparing the position classifications plan, the Personnel Officer shall consult with appropriate management officials. The Personnel Officer may change a position from one class to another when substantial changes have occurred in the duties and responsibilities of the positions. The Personnel Officer shall determine the status of occupants of positions which have been so reclassified.

(1) Salary schedule. There shall be a single salary schedule for all employees and positions in the Public Service. The Personnel Officer shall assign each class of positions to an appropriate salary level of such schedule.

(2) Statutory enactment. No salary schedule or change in any salary schedule for employees of the State Public Services System, except those excluded by the provisions of this ~~Act~~ Chapter, shall be effective unless it shall have been enacted into law by the State Legislature.

(3) Periodic review. The Personnel Officer shall periodically conduct necessary and appropriate studies of rates of compensation and pay-related practices in all geographic areas from which employees for the Public Service are normally recruited, and shall adopt such amendments to the existing compensation plan as he deems appropriate, provided that when the amendment includes changes in the salary schedule, the rates or nature of premium differentials, or other subjects covered in this ~~Act~~ Chapter or in other laws, the Personnel Officer shall submit the recommendations to the Governor for review, approval, and further transmittal to the Legislature for its consideration, and that such amendments shall become effective only after they have been enacted into law. In developing amendments, the Officer shall give consideration to:

(4) Premiums. To recognize circumstances of employment which make it appropriate that recognition be given to labor market conditions outside the State of Chuuk, the following premiums are provided to Public Service employees. An employee who is recruited in a location outside the State, who is a non-citizen of the State and, at the time of original hire a non-resident thereof, may be paid a premium based on labor market conditions in the place of recruitment and on the level of the base salary. When an employee is receiving a premium in addition to his base salary, the sum of his base salary plus premium shall constitute his adjusted base salary for the purpose of computing differentials.

(5) Differentials . To compensate for unusual circumstances of employment which create hardships for Public Service employees, the following differentials are provided for them; provided that in no case may an employee's combined differentials under Paragraphs (a) through (c) exceed 30 ~~thirty~~ percent of his adjusted base salary.

(a) Standby differential. An employee whose duties require him to remain in a standby status, subject to call at any time, for a regularly scheduled period in excess of a normal ~~thirty-two~~ 32 hour workweek and who, in fact, is frequently called during this period of scheduled standby, shall be entitled to a differential of 20 ~~twenty~~ percent of the adjusted base salary.

(b) Night work differential. An employee whose tour of duty includes regularly scheduled hours falling between 7:00 p.m. and 6:00 a.m. shall be paid a differential of 15 ~~fifteen~~ percent of the adjusted base salary for all hours falling within that period.

(c) Hazardous work differential. An employee who performs work which entails unusual and extreme hazards to his health or safety shall be paid a differential of 25 ~~twenty-five~~ percent of the adjusted base salary for all hours in which hazardous work is performed.

(i) An employee shall be paid overtime compensation at the rate of time and one half of his adjusted base salary for all time when he is directed to work and does work in excess of eight hours in one day, or when he is directed to work and does work on the first or fifth, respectively, or sixth or seventh day of the workweek; provided, that he has first worked ~~thirty-two~~ 32 hours at straight time in the same workweek; and provided further that overtime work performed on a holiday shall be subject to Paragraph (e) of this Subsection.

(f) Typhoon emergency differential. Employees who are required to work in a location and a period in which a typhoon or other natural catastrophe has been declared by the Governor, and in which other government employees are released from work because of such conditions, shall be compensated for the hours worked while such emergency remains in force at the rate of two and one-half times the adjusted base salary. The differential provided in this Paragraph shall not limit the employee's right to any other differential or allowance to which he may otherwise be entitled by law or regulation.

(a) Transfer allowance. When an employee is recruited or transferred from his place of permanent residence for work elsewhere in the State other than the State center, he shall be entitled to all justifiable expenses connected with travel of himself and his immediate family to the new work location and for shipment of a reasonable quantity of households effects. Further, the employee is entitled to an allowance equal to per diem at the established rate for the new location for a period not exceeding 30 ~~thirty~~ calendar days from the date of entry into the new position if he has less than three dependents or 60 ~~sixty~~ calendar days if he has more than two dependents or 60 ~~sixty~~ calendar days if he has more than two dependents.

(b) When an employee is recruited or transferred from his place of permanent residence which is not the State Center, for work in the State Center, he shall be entitled to all justifiable expenses connected with travel of himself and his immediate family to the new work location, and for shipment of a reasonable quantity of household effects. Further, the employee is entitled to an allowance equal to per diem at the established rate for the State Center for a period not exceeding ~~fifteen (~~15) days from the date of entry into the new position if he has less than three dependents, or for 30 ~~thirty~~ calendar days if he has more than two dependents.

(c) Temporary housing allowance. When an employee who is otherwise entitled to government housing is transferred to a new duty station where housing is not immediately available, he shall be paid a temporary housing allowance pending occupation of his quarters at such rate as the Personnel Officer finds necessary and appropriate, provided that an employee shall not receive a temporary housing allowance when receiving per diem pursuant to Paragraph (a) of this Subsection.

(7) Performance increase. When an employee's performance, as determined through an objective evaluation, has met accepted standards of productivity during a specific period, his base salary may be increased by one step in the appropriate level of the base salary schedule. For an increase to step 2, 3, 4, 5, 6, or 7, the required period shall be 104 calendar weeks. For an increase to 8, 9, or 10, the required period shall be 156 calendar weeks. No employees shall have a base salary above the maximum step prescribed for his pay level unless he was receiving such compensation on the effective date of this Section.

(8) Demotion. An employee demoted, through no fault of his own, to a position in a lower pay level, shall be compensated at the rate which does not exceed his current pay rate. Where his existing rate exceeds the rate of the maximum step of the lower pay levels, the employee shall maintain his current pay rate. An employee demoted as a disciplinary measure shall have his compensation reduced to the corresponding step of the lower pay level, and may, with the approval of the Personnel Officer, be compensated at a lower step.

The Personnel Officer shall develop and maintain a system of performance evaluation for the purpose of appraising the productivity of employees in the Public Service. Each agency shall develop performance evaluation criteria for every class or, if appropriate, for individual positions, and shall rate each employee under its jurisdiction at least once a year. The Personnel Officer shall standardize performance evaluation criteria, develop evaluating procedures, and certify the final evaluations. A copy of each evaluation shall be given to the employee affected, and the management official shall give written notification to any employee whose performance in his position is substandard. Performance evaluations shall be used in determining eligibility for step increase and retention status in reductions-in-force.

(1) Leaves of absence with pay may be granted to employees by management officials for reasons of vacation, illness, maternity, training, or education, or for such other reasons as will be in the best interests of the Public Service. Eligibility for such leaves, the method and rate of earning such eligibility, and the duration of the leaves shall be established by regulations.

(2) Leaves of absence without pay may be granted for such reasons as management officials may deem proper and consistent with the interests of the Public Service. Regulations shall prescribe the characteristics of such leaves.

(1) No employee subject to the provisions of this ~~Act~~ Chapter shall engage in any outside employment, or other outside activity, which is not compatible with full and proper discharge of the responsibilities of his position or is otherwise prohibited by law. It shall be deemed incompatible with such discharge of responsibility for any such employee to accept any fee, compensation, gift, payment of expenses, or any other thing of monetary value in circumstances such that acceptance may result in, or create the appearance of resulting in:

(2) No employee subject to the provisions of this ~~Act~~ Chapter shall receive compensation or anything of monetary value, for the performance of any activity, except that which he is duly entitled to from the government, for the performance of any activity during his service as such employee and within the scope of his official responsibility.

(a) Findings. The Legislature finds that in many cases state employees in the public service receive compensation for their State employment and at the same time also receive compensation for another government (State, National, or Municipal) position. Given the high rate of unemployment in the State and in consideration of ensuring that State employees completely fulfill their primary State duties, State employees should receive only their salary, wage, or compensation from their State employment.

(b) State employees to receive compensation from only one public source. State employees in the public service shall be eligible to receive only their salary, wage, or compensation from their State employment and shall be ineligible to receive any form of compensation from any other state, national, or municipal employment. It shall be grounds for immediate termination from State employment for State employees to receive compensation from another public source, while receiving State compensation for employment in the public service.

The regulations shall prescribe a system for hearing the views of employees on the working conditions, status, pay, and related matters and for hearing and adjudicating grievances of any employee or group of employees. These regulations shall ensure that employees are free from coercion, discrimination, and reprisals and that they may have representatives of their choice.

Resignation shall be in writing, if an employee ceases work without explanation for more than 15 ~~fifteen~~ consecutive working days, he shall be deemed to have abandoned his position, and the management official shall file with the Personnel Officer a statement showing termination of employment because of abandonment of position. The management official shall promptly transmit a copy of the statement to the employee by the most practical means.

Regulations shall be developed and promulgated to govern the conditions under which an employee shall be laid off from his position when lack of work or lack of funds makes such action necessary. The regulations shall provide that, in establishing the order of layoffs , consideration shall be given; first to the employee's individual merit, as shown by performance evaluations; second, to his qualifications of education, training, and experience; and third, his seniority as measured by total creditable service, experience and training.

(1) Suspension. A management official may, for disciplinary purposes, suspend any employee without pay for such length of time he considers appropriate but not to exceed 30 ~~thirty~~ days at any one time or 60 ~~sixty~~ day in any 12 ~~twelve-~~month period. No single suspension for a period of more than three working days, whether consecutive or not, shall take effect until the management official transmits to the employee, by the most practical means, a written notice setting forth the specific reasons for the suspension and the employee's rights of appeal. A copy of the notice shall be filed with the Personnel Officer without delay. With the approval of the Personnel Officer, an employee may be suspended for a period longer than 30 ~~thirty~~ days pending the investigation of any charge against him. When an employee has been suspended pending such an investigation and the charge is subsequently dropped, he shall be reinstated in his position with full pay and benefits retroactive to the date of suspension.

(2) Dismissal; Demotion. A management official may, for disciplinary reasons, dismiss or demote an employee for such causes that will promote the efficiency of the Public Service. Demotions may also be made for reasons other than disciplinary ones. The Personnel Regulations shall specify the circumstances in which such demotions may be authorized. No dismissal of demotion of a permanent employee shall be effective for any purpose until the management official transmits to the employee, by the most practical means, a written notice setting forth the specific reasons for the dismissal or demotion and the employee's rights of appeal. A copy of the notice shall be filed with the Personnel Officer without delay.

(a) The Governor shall nominate and, with the advice and consent of the Legislature, shall designate seven persons to constitute a panel from which an ad hoc hearing committee may be drawn for the purposes set forth in this subsection. The Governor may remove a member of the panel for cause. Persons nominated shall be officers or employees of the State Government, of mature judgment and experience. The panel shall include at least one member from each of the three branches of State Government. The Governor and Lt. Governor, members of the State Legislature, and justices and other judges of the State Courts, the Attorney General, and Directors of Departments and Heads of Offices shall not be eligible for membership on the panel.

(b) Any regular employee who is suspended for more than three working days, demoted, or dismissed may appeal through the Personnel Officer within 15 ~~fifteen~~ calendar days after written notice of the suspension, demotion, or dismissal has been transmitted to him. Upon receiving such appeal, the Personnel Officer shall constitute an ad hoc hearing committee of three members, drawn from the panel established under subsection (a).

(i) The ad hoc committee shall be comprised of one member chosen by the Personnel Officer, one chosen by the appellant, and a third chosen jointly by the first two members. If the first two are unable to agree on the choice of a third member, the third member shall be selected by lot from among the remaining members of the panel.

(c) The hearing shall be held within 15 ~~fifteen~~ calendar days after the personnel officer receives the appeal, unless the appellant requests a delay. At the hearing, the appellant and the responsible management official shall each have the right to be heard, to present evidence, to be controlled by all adverse witnesses, and to be represented by counsel of his own choosing.

(d) At the hearing the ad hoc committee shall be guided by but need not conform to the Rules of Evidence. Evidence shall be taken stenographically or by recording machine. The committee, on its own motion, or on that of the Personnel Officer, management or the appellant, shall subpoena witnesses and tangible evidence when such witnesses or evidence are relevant and material to the hearing. Hearings shall be public except when the appellant requests a closed hearing.

(e) The committee shall prepare a full written statement of its findings of fact and its recommendations for action, within seven calendar days after the close of the hearing. Its recommendations may include modification or reversal of the disciplinary action from which appeal was taken. It shall forthwith transmit that statement, with such supporting documentation as it deems appropriate, to the highest management official responsible for the agency in which the appellant is or was employed. The decision of that management official shall be final.

(f) Disciplinary actions taken in conformance with this Section shall be in no case subject to review in the courts until the administrative remedies prescribed herein have been exhausted; nor shall they be subject to such review thereafter except on the grounds of violation of the law or regulations or of denial of due process or of equal protection of the laws.

A regular employee holding a valid appointment, in the Trust Territory Public Service or pursuant to Title 2 of the Truk State Code or pursuant to Title 21 of the Truk State Code, may be admitted without examination, on or after the effective date of this act, to a position of the same class or an equivalent class in the State Public Service System. In subsequently computing the seniority of such an employee for retention and similar purposes, his time of service in the Trust Territory Public Service or pursuant to Title 2 of the Truk State Code, shall be credited in the same way as if it had been in the State Public Service System. All regulations relating to employees promulgated under Title 61 of the Trust Territory Code, or pursuant to Title 2 of the Truk State Code shall continue in full force and effect, where relevant and not inconsistent with this ~~Act~~ Chapter, not more than 150 days after the effective date of this act, at which time all regulations issued under this ~~Act~~ Chapter shall have been issued.