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7.0206 Procedure for filling vacancies— Examinations—Appointments.

Cite as [A.S.C.A. § 7.0206 ]

(a) The Director of Manpower Resources shall establish the procedure for filling vacancies in the career service on a permanent basis from among eligible candidates for employment.

(b) When practicable, competitive examinations shall be held, resulting in establishment of registers comprising the names of those competitors who have attained eligible ratings arranged according to their numerical rating scores in descending order; provided, that a preference eligible as defined in subsection (a) of 7.0202, who receives a passing grade in a competitive examination given pursuant to this section shall receive 10 additional points above his earned rating; and provided, further, that the names of such preference eligibles shall be entered upon the appropriate registers ahead of others having the same rating; and further provided that a preference eligible as defined in subsection (b) of 7.0202 shall receive 5 additional points.

(c) If no examination is given, applicants for employment shall be subject to an applicant supply file system established and administered by the Director of Manpower Resources.

(d) Upon receipt of an approved request from a department head or other authorized operating official to fill a vacancy in the career service on a permanent basis, the Director of Manpower Resources shall certify to the former for consideration and selection the names of the 5 candidates from the appropriate examination register who have the highest numerical rating scores, which scores, in the case of preference eligibles as that term is defined in section 7.0202, shall include the additional points added pursuant to subsection (b), or, in the absence of such a register, the names of the 5 candidates from an applicant supply file whom the Director of Manpower Resources considers to be best qualified by virtue of experience and/or training. Only those candidates certified in the manner described above are eligible for employment unless an exception is permitted under regulations of the Governor.

(e) In no instance will a government official allow an employee to enter on duty unless he has been assured by the Director of Manpower Resources or a designated member of his staff that the appointment action has been approved.

(f) In selecting a candidate for appointment, any appointing authority who passes over a preference eligible whose name appears on the register or list of candidates from the applicant supply file transmitted to such appointing authority by the Director of Manpower Resources pursuant to subsection (d) and who selects an individual who is not a preference eligible, shall file written reasons therefor with the director of manpower resources. The Director of Manpower Resources shall make such reasons a part of the records of the preference eligibles so passed over. The Director of Manpower Resources may require the submission of more detailed information in support of passing over a preference eligible, shall determine the sufficiency or in-sufficiency of the reasons submitted, and shall send his findings to the appointing authority. The appointing authority shall comply with the findings of the Director of Manpower Resources. The preference eligible or his representative, on request, shall be entitled to a copy of the reasons submitted by the appointing authority and the findings of the Director of Manpower Resources.

(g) When 3 or more names of preference eligibles appear on the register or list of candidates from the applicant supply file transmitted to any appointing authority by the Director of Manpower Resources pursuant to subsection (d), the appointing authority may select and appoint only a preference eligible to fill the vacancy under consideration.

History: 1962, PL 7-22; 1967, PL 10-30; amd 1971, PL 12-27 § 4.

Case Notes:

Section apparently violated by “order” of personnel advisory board to hire or fire an employee. Only director of manpower resources and head of agency where vacancy exists are authorized to make such decisions. Banks v. A.S.G., 4 A.S.R.2d 113 (1987).

Where evidence indicated that decision to terminate probationary employee was made by appropriate executive official with Governor's approval rather than by advisory board, court would not question the decision. A.S.C.A. §§ 7.0102, 7.0206, 7.0211. Banks v. American Samoa Government, 4 A.S.R.2d 113 (1987).

ASG regulations which set out those situations in which non-competitive procedures are applicable do not supersede the mandatory statutory requirement relating to the utilization of an applicant supply-file system for the hiring and promotion of government employees. A.S.C.A. §§ 7.0204(b), 7.0205(b), 7.0206; A.S.A.C. § 4.0303(b). Leiato v. Personnel Advisory Board, 21 A.S.R.2d 25 (1992).