Public Service 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 . State Public Service System. .

Cross-reference: The constitutional provision regarding the civil service system is found in Yap Const., Art. XIV, Sect. 2. That section states: "There shall be a civil service system for the State Government, which shall be based upon merit principles".

(b) "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.

(d) "Class" or "class of 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.

(m) "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.

(q) "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 lower salary range for which they meet the qualification requirements.

(b) 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.

Cross-reference: The constitutional provision on the civil service system is found in Yap Const., Art. XIV, Sect. 2. That section states: "There shall be a civil service system for the State Government, which shall be based upon merit principles". The constitutional provision on the equal protection of the laws and due process of law is found in Yap Const., Art. II, Sect. 4. That section reads: "No person shall be deprived of life, liberty, or property, without due process of law, or be denied the equal protection of the laws, or be denied the enjoyment of his civil rights, or be discriminated against in the exercise thereof, on account of race, sex, religion, language, ancestry, or national origin".

(a) Notwithstanding the provisions of section 121 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.

(a) Every regular employee shall be entitled to hold his position during good behavior and up to the legal retirement age provided by the social security system of the Federated States of Micronesia, subject to suspension, demotion, layoff, or dismissal only as provided in this chapter and in the regulations adopted in pursuance thereof; provided, however, that the tenure of a contract employee is the term of his contract.

(b) No employee in the Public Service shall be suspended, demoted, dismissed, laid off, or otherwise discriminated against because of sex, race, religion, language, ancestry, social status, or place of origin.

Cross-reference: The constitutional provision on the equal protection of the laws and due process of law is found in Yap Const., Art. II, Sect. 4. That section reads: "No person shall be deprived of life, liberty, or property, without due process of law, or be denied the equal protection of the laws, or be denied the enjoyment of his civil rights, or be discriminated against in the exercise thereof, on account of race, sex, religion, language, ancestry, or national origin".

(3) Cooperate fully with and attend, or assign a qualified representative to attend, all meetings of the ad hoc committees organized under section 187(c), and provide the committees with such technical advice as they may require;

The Chief 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 Director of Administrative Services and the Governor. The Governor, after considering the recommendations of the Chief, 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 chapter, and may be amended or repealed through the same procedure by which they were adopted or by statute.

Cross-reference: The statutory provisions on the Executive are found in Title 3 of this Code. The statutory provisions on Administrative Law are found in Title 10 of this Code. Section 191 of Title 10 is on public service regulations. That section states: "Regulations proposed pursuant to the State Public Service System Act prior to the effective date of this chapter shall be exempt from the provisions of this chapter which concern the procedure for adoption of regulations and their effective date". The effective date of chapter 1 of Title 10, the State Administrative Procedure Act, is May 18, 1981.

(a) 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 chapter or provisions thereof are specifically made applicable to them:

(9) The Director of Education, Director of Public Works and Transportation, Director of Resources and Development, Director of Health Services, Director of Youth and Civic Affairs, Director of Administrative Services, Director of Planning and Budget, and Attorney General;

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

Cross-reference: The statutory provisions on the Legislature are found in Title 2 of this Code. The statutory provisions on the Executive are found in Title 3 of this Code. The statutory provisions on the Judiciary are found in Title 4 of this Code. The statutory provisions on Traditional Leaders and Traditions are found in Title 5 of this Code.

Except as otherwise provided in this chapter, all positions covered by this chapter and for which appropriations shall have been made 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 of the post office on the mailing envelope shall be used to determine compliance with the deadline stated in the advertisement.

Commission Comment: After the word "The" in the second sentence of this section, the words "advertisement shall include at least the position title, the salary, a brief" have been added to correct a codification error in the initial edition of this Code.

(a) General character. There shall be competitive examinations, whenever possible and as determined by the Chief, to test the relative fitness of candidates for Public Service positions covered by this 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 position 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 Chief or of such person or persons as he may designate to administer them. All persons who have passed an examination may be required to take such physical examination as may be specified by the Chief.

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

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

(d) Noncompetitive examinations. Noncompetitive examinations may be given when, in the opinion of the Chief, 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.

(a) General. The Chief shall cause to be established and maintain 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 examinations, 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 Chief if candidates thereon remain available and there are more vacancies to be filled than names on the list.

(1) 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 and 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.

(2) The Chief 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.

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

(a) Conviction of a felony shall not be a bar to employment in the Public Service unless the Chief determines that 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.

(b) 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 the due notice and hearing by the Chief.

(a) 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 can be certified, the Chief may authorize the filling of the vacancy through provisional appointment. The Chief 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 for an eligible list but shall not extend beyond 90 days; provided that the Chief may extend the provisional appointment for a maximum of 90 additional days if an examination has failed to secure any qualified available eligible person.

(b) Emergency appointments. 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 Chief 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 working days.

(a) Every employee shall successfully serve a probation period before becoming a regular employee. An employee whose services are unsatisfactory during his 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 Chief may in his discretion insert the employee's name on the eligible list or lists for other positions in the same class.

(b) 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.

(c) 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 chapter shall be classified by the Chief 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 classification plan, the Chief shall consult with appropriate management officials. The Chief may change a position from one class to another when substantial changes have occurred in the duties and responsibilities of the position. The Chief shall determine the status of occupants of positions which have been so reclassified.

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

(b) Periodic review. The Chief 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 premiums, differentials, or allowances, or other subjects covered in this chapter or in other laws, the Chief shall submit the recommendations through the Director of Administrative Services to the Governor for review, approval, and further transmittal to the Legislature for its consideration, and that such amendment shall become effective only after it has been enacted into law. In developing amendments, the Chief shall give consideration to:

(c) Premium. To recognize circumstances of employment which make it appropriate that recognition be given to labor market conditions outside the Federated States of Micronesia, the following premium is provided to Public Service employees. An employee who is recruited in a location outside the Federated States of Micronesia, who is a noncitizen of the Federated States of Micronesia and, at the time of original hire, a nonresident 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 this 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.

(d) Differentials. An employee shall be paid 15 percent of the adjusted base salary for all hours of work falling within regularly scheduled hours between 7:00 p.m. and 6:00 a.m., a flat 20 percent differential of the adjusted biweekly salary for any and all hours of standby work, and 30 percent for all hours of work required in a location and during a period 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, hours required during a legal holiday, or hours required in excess of 40 hours of the regular workweek schedule. No employee may receive more than one differential for any given hour of work.

(1) Transfer allowance. When an employee is recruited or transferred beyond normal commuting distance from his place of permanent residence for work elsewhere, he shall be entitled to all justifiable expenses connected with travel of himself and his immediate family to the new work location and transportation of a reasonable quantity of household effects. He shall be entitled to an allowance equal to per diem at the established rate for the new duty station for a period not exceeding 30 calendar days from the date of entry into the new position. "Immediate family" shall mean the legal spouse and children of the employee, if any.

(2) 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 Chief finds necessary and appropriate; provided that an employee shall not receive a temporary housing allowance when receiving per diem pursuant to paragraph (1) of this subsection.

The Chief 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 Chief 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 increases and retention status in reductions-in-force.

(a) Leaves of absence with pay may be granted to employees by management officials for reasons of vacation, illness, 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.

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

Resignations shall be in writing. If an employee ceases work without explanation for not less than five consecutive working days he shall be deemed to have abandoned his position, and the management official shall file with the Chief 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 order of layoff, 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, to his seniority as measured by total creditable service.

(a) No employee subject to the provisions of this chapter shall engage in any outside employment or other outside activity which is not compatible with the 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 responsibilities 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:

(b) No employee subject to the provisions of this chapter shall receive compensation or anything of monetary value, other than that to which he is duly entitled from the government, for the performance of any activity during his service as such employee and within the scope of his official responsibilities.

Cross-reference: Section 4 of Article XIV of the Yap Constitution states: "No person may receive, use, or benefit from any government revenue, property, or service for personal benefit or gain, except as may be permitted by law". The statutory provision on the prohibition of any person receiving dual compensation from the Yap State Treasury for the same time period is found in section 506 of Title 13 (Taxation and Finance) of this Code.

(a) Employees shall have the right to form associations for the purpose of presenting their views to the government and shall be free from restraint or reprisal in exercising this right. The government shall give reasonable opportunity to representatives of such associations to present their views.

Cross-reference: Section 1, Article II of the Yap Constitution states: "No law shall deny or impair freedom of speech or of the press, or the right of the people to peaceably assemble and to petition the State Government for a redress of grievances".

The regulations shall prescribe a system for hearing the views of employees on their 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.

(a) Suspension . A management official may, for disciplinary purposes, suspend any employee without pay for such length of time as he considers appropriate but not to exceed 30 days at any one time. No single suspension for a period of more than seven 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 Chief without delay. With the approval of the Chief, an employee may be suspended for a period longer than 30 days pending the investigation of any charge against him. When an employee has been suspended pending such 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.

(b) 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. Demotion 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 or demotion of 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 Chief without delay. A dismissal of an employee due to abandonment of position pursuant to the provisions of section 182 of this title shall not be deemed to be a disciplinary action.

(1) The Governor shall nominate and, with the advice and consent of the Legislature, shall designate not fewer than seven persons to constitute a panel from which ad hoc hearing committee may be drawn for the purpose 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 Governor, Lieutenant Governor, members of the Legislature, justices and other judges of the state courts, and members of the Council of Pilung and Council of Tamol, the Attorney General, Directors of Departments and Offices shall not be eligible for membership on the panel.

(2) Any regular employee who is suspended for more than seven working days, demoted, or dismissed may appeal through the Chief within 15 calendar days after written notice of the suspension, demotion, or dismissal has been transmitted to him. Upon receiving such appeal, the Chief shall constitute an ad hoc hearing committee of three members, drawn from the panel established under paragraph (1) of this subsection.

(A) The ad hoc committee shall be comprised of one member chosen by the Chief, one chosen by 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.

(B) No member of an ad hoc committee shall be an officer or employee of the agency to which the appellant is or was assigned, or a close relative of either the appellant or the responsible management official.

(3) The hearing shall be held within 15 calendar days after the Chief receives the appeal. At the hearing, the appellant, and the responsible management official shall each have the right to be heard, to present evidence, and to be confronted by all adverse witnesses.

(4) At the hearing, technical rules of evidence shall not apply and evidence shall be taken stenographically or by recording machine. The Committee, on its own motion or on that of the Chief, 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.

(5) 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.

(6) Disciplinary actions taken in conformance with this section shall in no case be 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 grounds of violation of law or regulation 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 may be admitted without examination, on or after the effective date of this chapter, 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 shall be credited in the same way as if it had been in the State Public Service System.