Sections:
4.0201	Applicability of definitions.
4.0202	Abandonment of position.
4.0203	Accrued leave.
4.0204	Accumulated leave.
4.0205	Acting appointment.
4.0206	Administration.
4.0207	Administrative authority.
4.0208	Repealed.
4.0209	Agency.
4.0210	Annual leave.
4.0211	Appeal.
4.0212	Appointing authority.
4.0213	Apprenticeship.
4.0214	Areas of training.
4.0215	ASG.
4.0216	Assembled examination.
4.0217	Basic salary rate.
4.0218	Basic training.
4.0219	Board.
4.0220	Bumping.
4.0221	Career service.
4.0222	Certificate of eligibles.
4.0223	Certification.
4.0224	Class.
4.0225	Compensatory time.
4.0226	Competitive personnel action.
4.0227	Conference leadership.
4.0228	Conflict of interest.
4.0229	Contagious disease.
4.0230	Contract specialist.
4.0231	Cooperative education plan.
4.0232	Course of study.
4.0233	Demotion.
4.0234	Department.
4.0235	Desirable qualifications.
4.0236	Detail.
4.0237	Director.
4.0238	Disabled veteran.
4.0239	Dismissal.
4.0240	Education.
4.0241	Educational counseling.
4.0242	Elevation.
4.0243	Eligible.
4.0244	Emergency appointment.
4.0245	Employee.
4.0246	Employee development.
4.0247	Employee relations.
4.0248	Excepted service.
4.0249	Executive development.
4.0250	Executive ungraded positions.
4.0251	First-line supervision.
4.0252	Followup training.
4.0253	Full biweekly pay period.
4.0254	Full-time employment.
4.0255	Grievance.
4.0256	Holidays.
4.0257	Human relations.
4.0258	Human relations training.
4.0259	Incentive awards.
4.0260	Induction training.
4.0261	In-service training.
4.0262	Institute.
4.0263	Internship.
4.0264	Intervening salary steps.
4.0265	Job analysis.
4.0266	Job code.
4.0267	Job cost.
4.0268	Job evaluation.
4.0269	Job family.
4.0270	Job rotation.
4.0271	Job standard.
4.0272	Journeyman.
4.0273	Leave without pay.
4.0274	Leave with pay.
4.0275	Leave year.
4.0276	Lecture.
4.0277	Line.
4.0278	Line responsibility.
4.0279	Management.
4.0280	Manpower.
4.0281	Maternity leave.
4.0282	Medical certificate.
4.0283	Minimum qualifications.
4.0284	Mockup.
4.0285	Morale.
4.0286	Motion study.
4.0287	Motivation.
4.0288	Noncompetitive personnel action.
4.0289	Nonstandard workweek.
4.0290	Off-site training.
4.0291	On-the-job training.
4.0292	Orientation training.
4.0293	Out-service training.
4.0294	Overtime.
4.0295	Part-time employment.
4.0296	Pay adjustment.
4.0297	Performance rating.
4.0298	Performance standard.
4.0299	Periodic increment rate.
4.02100	Permanent employee.
4.02101	Personnel management.
4.02102	Position.
4.02103	Position description.
4.02104	Post-training.
4.02105	Preassignment training.
4.02106	Preemployment training.
4.02107	Preference eligible.
4.02108	Premium payment.
4.02109	Probationary period.
4.02110	Program.
4.02111	Promotion.
4.02112	Public administration.
4.02113	Rating.
4.02114	Reassignment.
4.02115	Reduction-in-force.
4.02116	Reduction in salary.
4.02117	Refresher training.
4.02118	Register.
4.02119	Reinstatement.
4.02120	Related training.
4.02121	Remedial training.
4.02122	Resignation.
4.02123	Resources.
4.02124	Retraining.
4.02125	Reversion.
4.02126	Salary range.
4.02127	Screening committee.
4.02128	Selecting authority.
4.02129	Selective certification.
4.02130	Seminar.
4.02131	Sick leave.
4.02132	Skill training.
4.02133	Standard workday.
4.02134	Standard workweek.
4.02135	Supervisor.
4.02136	Suspension.
4.02137	Temporary employment.
4.02138	Termination.
4.02139	Training aids.
4.02140	Training committee.
4.02141	Training plan.
4.02142	Training policy.
4.02143	Training timetable.
4.02144	Transfer.
4.02145	Trial service period.
4.02146	Tuition.
4.02147	Unassembled examination.
4.02148	Veteran.
4.02149	Work simplification.

The definitions set out in this chapter apply throughout this title, except 4.13, unless the context clearly indicates another meaning.

"Abandonment of position” means failure of an employee to report for duty or to return from leave for 5 or more consecutive work days.

"Accrued leave" means leave earned by an employee during the current calendar year that is unused at any given time during that calendar year.

"Accumulated leave" means unused leave remaining to the credit of an employee at the beginning of a new calendar year.

"Acting appointment" means a temporary appointment made to a supervisory or managerial position.

"Administration" means that activity of management which fulfills or carries out the objectives, or goals, for which the organization or project is established. It includes that phase of management that lays down and directs policies and procedures by which resources, human and otherwise, can best be used to attain established goals, for which it demands that there be continuous unification of data, facts, and opinions collected from varied sources, and through which there must be channeled a free flow of information, suggestions, ideas, and plans to and from all levels -up and down, as well as across.

Administrative authority, applicable only to the judiciary means the official or officials with primary administrative responsibility, as delegated by the Chief Justice.

"Agency" means an office, department, or other separate unit or division, however designated, of ASG. It includes any unit of government established by law or the Chief Executive, upon which the statutes confer powers and impose duties in connection with operations of either a governmental or proprietary nature.

"Annual leave" means authorized absence from duty with pay to allow employees a vacation, period for rest and relaxation and to provide time off for personal and emergency purposes The use of annual leave must be officially authorized prior to being taken.

"Appeal" means response by an individual to action t2.ken against him. 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 title.

"Appointing authority" means the person lawfully authorized to make appointments. The appointing authority for the Executive Branch of the ASG is the director of manpower resources. The appointing authority for the High Court is the Chief Justice.

"Apprenticeship" means a comprehensive program, for training the learner toward a specialized trade or craft under the full responsibility of the employer and on a long-term basis. It includes thorough instruction in the principles and practices of the particular trade or craft as well as in academic and related subjects.

"Areas of training" is a term used to include the training activities for certain classes of positions, such as clerical, skilled trades, and professional, and for programs of training such as orientation, supervision, and safety.

"Assembled examination" means an examination for which applicants are required to assemble or be physically present at an appointed time and place.

"Basic salary rate" means the dollar amount of the step of the salary range to which the employee is entitled, before any deduction, and exclusive'"of additional compensation of any kind. History: Rule 10-81, eff 29 Jul 81, § 2.0 (part).

"Basic training", as part of induction, means the fundamental or essential training required for a position.

"Board" means the pennel advisory board, which hears and investigates all appeals resulting from employee actions.

"Bumping" means the replacement of an incumbent subject to reduction-in-force by another employee who has greater seniority.

"Career service" means that system of personnel administration based on merit principles which provides for the attraction, selection, and retention of the best-qualified of our citizens for pen11anent employment in the state government service. Entry is normally through competitive examination, and formalized channels of advancement and training are provided. Career service covers all employees of the government not in excepted status.

"Certificate of eligibles" means the official document through which eligibles are referred for employment consideration.

"Certification” means the process by which the names of qualified eligibles are referred.

"Class" means 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.

"Competitive personnel action” means a type of personnel action which can be effected only if applicable competitive procedures; i.e., those governing advertising and examining, have taken place.

"Conference leadership" means the art of planning, leading, guiding, and directing a conference.

"Conflict of interest" means 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.

"Contagious disease" means a disease requiring isolation of the patient, quarantine, or restriction of movement, as prescribed by health authorities.

"Contract specialist" means a person who has entered into an agreement with the government or High Court to perform specified duties and responsibilities for a specific period of time, who is not in the ASG civil service.

"Cooperative education plan” means training in which trainees alternate between periods of formal instruction in educational institutions and guided learning on the job through work experience related to the formal instruction.

"Course of study" means a training plan having a series of instructional units which have been developed to accomplish a specific training objective.

"Demotion” means change of an employee from a position in I class to a position in another class having a lower salary range.

"Department" means an entity of the Executive Branch headed by a director nominated by the Governor and confirmed by the Fono. This term includes departments, offices, and agencies.

"Desirable qualifications" means 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" means 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 he is detailed.

"Disabled veteran" means 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 Veterans' Administration or a military department of the United States.

"Dismissal" means the termination of employment of a permanent employee for cause or of a probationary employee as specified in this title.

"Education" means the formal impartation or acquisition of knowledge, skill, or discipline of mind.

"Educational counseling" means the act of conferring with a person for the purpose, of aiding him in making choices and adjustments relating to schools, course, curriculum, and study.

"Elevation" means restoration of an employee to the higher classification, with permanent status, which he had prior to having been granted a voluntary demotion.

"Eligible" means an applicant whose name is on a register of persons who have qualified for a particular class of positions.

"Emergency appointment" means an appointment to a position pending the establishment of a register for that class or for emergency reasons, not to exceed 30 calendar days unless extended as provided by this title.

"Employee" means any individual employed in the service of the government under the appointing authority of the director.

"Employee development" means all planned, supervised experience, training, and/or education that enhances the individual's usefulness as an employee, and promotes their worklife growth.

"Employee relations" means the contacts and relationships between management and the employees in an organization.

"Excepted service" means elective positions; district, county, and village officials; department heads, officers, and members of any. territorial board, commission, or other territorial agency whose appointments are made by the Governor or are required by law to be confirmed by one or both houses of the Fono; Justices and judges of the Judicial Branch; staff members of the two chambers of the Fono with the exception of the legislative reference bureau; and employees serving under contracts.

"Executive development" means a plan for the creation of career executives through the systematic development of outstanding employees.

"Executive ungraded positions" means those positions of cabinet rank within the Executive Branch and special or executive advisors to the Governor.

"First-Line supervision" means that level of supervision directly over the rank-and-file or nonsupervisory employees and forming the starting point upward for the direct line of authority and communications to top management.

"Followup training" means attention given to employees after initial training to ensure and facilitate their application of new skills and information.

"Full biweekly pay period" means as follows: An employee shall be considered, for leave purposes, to have been employed for a full biweekly pay period if he has been in a pay status, or a combination of pay status and non- pay status, during all of the days within such period, exclusive of holidays and all nonwork days established by the Governor.

"Full-time employment" means regularly scheduled employment requiring an average of 40 hours of work per week. However, for certification from a register, work between 32 and 40 hours per week shall be considered full time.

"Grievance" means an employee's expressed feeling of dissatisfaction with aspects of his working conditions and working relationships which are outside of his control. A grievance is not an appeal.

"Holidays" means days set aside to celebrate a religious, state, or other event for which government employees receive time off with pay. Holidays are established by law or are designated by the Governor.

"Human relations" means the integration of manpower into an effective operational system. Effective conduct of human relations is based upon good communications, which is transmitting an idea so as to make it understood and motivating the recipient to take the right action. The will to do things is generated by people and without this no productive operation is possible.

"Human relations training" means the development of those techniques, habits, skills, and attitudes that will enable individuals to supervise and work effectively with others.

"Incentive awards" means recognition for employees who demonstrate exceptional resourcefulness of skills or perform exceptional acts.

"Induction training" means in-service training to familiarize an employee with a new assignment, including policies, procedures, and other matters affecting conditions of work and safety precautions, performance standards, and other details.

"In-service training" means training provided by an agency or organization for its employees in order to increase their effectiveness in their present assignments, or to prepare for future assignments using the resources and facilities within the agency and/or within the jurisdiction of the territorial government. The term "staff development" is also used.

"Institute" is sometimes applied to full-time training programs ranging in duration from a few days to several weeks, utilizing various training methods, and dealing with a limited or specific subject.

"Internship" means a position or assignment that gives an employee planned work experience as a part of a training program, which emphasizes the application of theories, principles, and techniques to operating situations.

"Intervening salary steps" means all increment steps in a salary range except the lowest and highest.

(1) the process of breaking down a position, duty, or task into component parts including what is done, how it is done, and skills and knowledge needed. The technique is used in many phases of management, such as training, placement, classification, and work simplification;

(3) in personnel administration, a complete analysis of all of the job positions in an establishment for the purpose of learning their requirements in terms of ability, and their relationships to each other and to the establishment. It may be, for example, the basis for a program of job evaluation.

"Job code" means an eight-digit code designating a class in terms of its excepted or nonexcepted status, salary structure to which assigned, grade level, and job family.

"Job cost" means the cost arrived at by method of cost accounting which collects charges for material, labor, and allocated overhead in the production of a specific order or a finished unit or units.

"Job evaluation" means a comprehensive determination of the relative worth and importance of all the jobs and positions in an establishment. A typical procedure involves the assignment of values to various job skills and characteristics, and a totaling of these values for each job on the basis of a job analysis. A job-evaluation program may be for the purpose of setting wage scales, for determining promotion requirements, for establishing incentives, etc.

"Job family" means a group of related series of classes of positions such as clerical, personnel, engineering, or education, etc.

"Job rotation" means the procedure of moving workers systematically from their jobs to related jobs as a means of broadening their experience and developing versatility, sometimes called "cross-training".

"Job standard" means the level of performance of a given job taken as a basis of comparison.

"Journeyman" means an individual who has served a formal apprenticeship or has gained substantially equivalent experience over a period of years, during which time he has acquired a

comprehensive knowledge and high degree of skill in one or more of the recognized trades.

"Leave without pay" means authorized absence from duty without compensation, exclusive of suspension or absence without leave (AWOL).

"Leave year" means the period beginning with the first day of the first complete pay period in any calendar year and ending with the day immediately before the first day of the first complete pay period in the following calendar year.

"Lecture" means a method of teaching in which the instructor gives an oral presentation of subject matter, with little or no partcipation by trainees.

"Line", in a private or public business organization, means the chain of direct command and operational responsibility, as destinguished from "staff'.

"Line responsibility" means the ultimate responsibility for effective and efficient performance. This responsibility includes the following functions: making executive decisions, planning, supervising, and testing operations, conducting inspections, maintaining discipline,

"Management" refers to the processes of planning, direction, and control. One managerial function is that of planning, of establishing group or team policies, objectives and programs for the future. A second is organizing the assignment of specialized responsibilities to various departments and levels throughout the entire work team, thus facilitating cooperation and the effective utilization of human and other resources. A third function is usually described as control. Guides and indicators are created to facilitate a continuing check on operations. Through these controls, managers see that what is being done corresponds to objectives and assignments.

"Manpower" means the number of men and women available for productive employment.

"Maternity leave" means 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 the order given.

"Medical certificate" means a written statement, signed by a registered practicing physician or other practitioner, certifying to the incapacitation, examination, treatment, or the period of disability of an employee while he was undergoing professional treatment.

"Minimum qualifications" means the training, experience, and other qualifications established for a given class and required of an applicant for admission to the examination for that class.

"Mockup" means a working model, usually natural size, which illustrates the assembly and operation of a mechanical device and assists in understanding the physical principles involved in its operation.

"Morale" is not a single concept; rather, it is a shorthand expression covering a number of factors such as recognition, credit, security, sense of belonging, opportunity, etc., that may together produce a particular atmosphere among the employees in an organization. Is closely interrelated with a number of incentives which management uses for the employees.

"Motion study" means the study of body motions used in performing an operation, with thought toward improving the operation by eliminating unnecessary motions and simplifying the necessary motions, so that maximum efficiency is realized.

"Motivation" is applied to an inner urge that moves a person to action, and also to a contemplated result, the desire for which moves the person.

"Noncompetitive personnel action" means a 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.

"Nonstandard workweek" means irregular or indeterminate hours worked by employees, the nature of whose duties commonly or frequently preclude successful job completion in standard workweeks over a prolonged period.

"Off-site training" means in-service training given to an employee outside their actual work area; for example, classroom training.

"On-the-job training" means in-service training given to an employee within the work area while doing productive work.

"Orientation training", as part of induction, means in-service training designed to assist workers to adapt themselves as quickly as possible to their job environment, to acquire satisfactory attitudes, and to become familiar with the organization in which they work.

"Out-service training" means training provided by an agency for its employees in order to increase their effectiveness in their present assignments, or to prepare for future assignments, using resources and facilities outside of the jurisdiction of the ASG.

"Overtime" means work performed in excess of 40 hours per week for employees with a regular workweek. Exceptions: For fire-fighters, it is work in excess of an average of 60 hours per week or 240 hours in 28 days; for hospital employees, it is work performed in excess of 8 hours per day.

"Part-time employment" means work of regularly less than 40 hours per week. However, for certification from registers, work of less than 32 hours per week shall be considered as part time.

"Pay adjustment” means a change in the rate of compensation due to revision of the salary schedules of ASG or for reasons not covered elsewhere.

"Performance rating" means the formal process of evaluating some or all of the individuals who make up the work team and perform the work, in respect to the quality and quantity of the work performed by them. In some cases, it is often called employee merit, service, or efficiency rating.

"Performance standard” means the measure of the performance necessary to meet the needs of the operational system.

"Periodic increment date" means 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.

"Permanent employee" means an employee appointed in a career service position who has successfully completed a probationary period.

(A) the utilization of human resources by management for the accomplishment of the objective of the organization;

(B) the branch of business management concerned with the administration and direction of all of the relations between an organization and its employees including the recruiting of new employees, training, testing, promoting, and supervising employees, etc., as well as the administration of all personnel relations.

"Position" means a group of duties and responsibilities. A position may be filled or vacant, full time or part time, temporary or permanent. Positions are in the career service or are excepted.

"Position description" means a written description of each group of duties and responsibilities constituting a position.

"Post-training" means training given after entering a governmental job. The training given before the entering is called preemployment training.

"Preassignment training" means in-service training given before an employee is assigned to a specific job.

"Preemployment training" means the training given to employees prior to coming into service.

"Preference eligible" means a U.S. citizen or a U.S. national of American Samoa ancestry who is a veteran as defined in this chapter; a disabled veteran as defined in this chapter; or the unremarried widow of a veteran.

"Premium payment" means wage payment over and above the basic salary rate for extraordinary conditions of employment, such as overtime and special tours of duty.

"Probationary period” means the trial period of employment following certification and appointment to, or reemployment in, any position in the career service, including promotional positions.

(1) a plan or scheme of administrative action designed for the accomplishment of a definite objective which is specific as to time-phasing of the work to be done and the means allocated for its accomplishment;

(2) for budget and accounting purposes, a complete plan of work or effort to accomplish a stated objective:.

"Promotion" means a change of an employee from a position in one class to a position in a class having a higher salary range.

"Public administration" means the activities of government to accomplish public goals.

"Rating" means the act of classifying according to grade, class, rank, or other unit of measuring or evaluation.

"Reassignment" means movement of an employee from one position to another position in the same class or grade or from one position to another position in a different class at the same grade.

"Reduction-in-force" means a separation from service because of a lack of funds and/or work and/or reorganization and without cause on the part of the employee.

"Reduction in salary" means placement of an employee's salary at a lower step at the same or lower grade as a result of a disciplinary action.

"Refresher training" means training for employees who lack up-to-date information, habits, or skills in an occupation in which they have been previously trained.

"Register" means a list of eligible names established for employment or reemployment in a class.

"Reinstatement" means appointment of an employee who has previously successfully completed his probationary period.

"Related training" means instruction which is related to the job and provides knowledge and information concerning theoretical and technical aspects of the job, such as properties of materials used, applied science, mathematics, drawing.

"Remedial training" means training given to employees for the purpose of correcting specific weaknesses in work performance.

"Resources" is a term often used by management to describe these productive factors: labor, capital, and machinery. It includes personnel who do the work, and funds, equipment, and materials with which to work. The apportionment of available resources is a responsibility of the head of the organization.

"Retraining" means training given an employee to bring him up to date on new developments, techniques, or procedures in his present job.

"Reversion" means voluntary or involuntary movement of an employee during a six-month trial service period to the lower class which he held prior to his last promotion.

"Salary range" means a sequence of minimum, intervening, and maximum dollar amounts assigned to a specific class.

"Screening committee" consists of three ASG or judiciary employees or any combination thereof, who have been appointed by the director to objectively review applications for classes of positions classified at grade 9 and above for which no comprehensive written, oral, or performance examination exists. Members evaluate the experience and training recorded on an application against the minimum qualifications officially established for the class and rank the applicants in the order of best qualified.

"Selecting authority" means 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" means the certification of eligibles possessing the special qualifications required for a specific position.

"Seminar" means an advanced study group with selected members, each of whom investigates some aspects of a subject and reports thereon to the group, the members of which then discuss and" evaluate the findings.

"Sick leave" means absence from duty because of illness or other disability or exposure to contagious disease.

"Skill training" means development of a facile and well-integrated performance, usually associated with mechanical and motor responses, such as. those used in typing, glassblowing, and swimming.

"Standard workweek" means 40 hours divided into five regular assigned eight-hour days within a seven-day period.

"Supervisor" means any individual having substantial responsibility requiring the exercise of independent judgment who, on behalf of management, regularly participates in the performance of all or most of the following functions over at least three employees: promote, transfer, suspend, discharge, or adjudicate grievances of other employees.

"Temporary employment" means employment during the absence of a permanent employee on leave or for work done at a work- load peak and normally lasting for less than six months but not exceeding one year.

"Termination" means separation from employment for reasons beyond the control of

"Training aids" means any material or device which facilitates learning, such as movies, slides, posters, booklets, view graphs, audio-visual aids, etc.

"Training committee" means a committee authorized to consider training problems and devise solutions, develop training policies, promote their acceptance, and advise management in the execution of those policies.

"Training plan" means a method or scheme for obtaining a certain specific training objective, and containing the following information:

"Training policy" means a statement defining the objectives and the responsibilities for training, the relation between training staff and other staff and operating officials, and the general procedures for organizing, operating, and evaluating a training program.

"Training timetable" means a form which lists the various tasks in a given organization or unit, and shows for each employee the tasks:

(3) in which he is to be trained and the time by which this training is to be completed.

"Transfer" means movement of a permanent employee from a position in one agency to a similar position in another agency and shall be subject to whichever provision applies; e.g., promotion, reassignment, or demotion.

"Trial service period” means a six-month trial period of employment of a permanent employee beginning with the effective date of a promotion or demotion.

"Tuition" means payment of appropriated funds to outside agents or agencies for instructional services; the fee charged by an instructor or school for instruction. "Tuition” does not include fees collected for defrayment of other or incidental expenses, such as registration fees, laboratory fees, costs of books, or charge for space or utilities.

"Unassembled examination" means an examination in which the education, training, and experience of applicants is rated as set forth in their applications.

"Veteran" means 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 simplification" means a management technique for simplifying methods and procedures and eliminating waste of manpower, materials, equipment, and facilities. Process study, operation study, and layout study are phases of this subject.