11.0443 Involuntary Separation.

Cite as [A.S.A.C. § 11.0443]

A. Temporary Employees.

1. Employees who are serving under appointment with a time limitation may be separated at any time without prior notice or right of appeal except in cases where the employee considers the separation due to an alleged discrimination. Procedures for filing of an alleged discrimination are contained in (Section 7.2).

2. Separation of temporary employees shall be requested by supervisors or other authorized operating officials via the Notice of Official Personnel Action (LBJ-ASMCA Form 303).

B. Probationary Employees

1. Employees serving the one-year probationary period may be separated at any time during such period upon proper recommendation and written notice, without right of appeal.

2. Supervisors shall carefully observe the performance and conduct of employees who are serving the probationary period to determine whether the retention of such employees is in the best interests of the LBJ American Samoa Medical Centers Authority.

3. Two months prior to the expiration of an employee’s probationary period, the Human Resources Division shall request the Chief Executive Officer and the employee’s immediate supervisor for a recommendation as to retention of the employee. If retention is not recommended, and the employee’s immediate supervisor shall advise the Human Resources Division in writing. Upon receipt of the written justification, the Human Resources Division shall, provided the stated reasons are valid and clearly set forth, proceed with the separation actions as follows:

a. Issue a written notice to the employee advising that the separation will be effective on this particular date, the reason(s), therefore, and that the right to appeal is not necessary, except in cases of alleged discrimination.

b. Finally process of the separation in accordance with instructions applying within the Human Resources Division only, including issuance of a Notice of Official Personnel Action (LBJ-ASMCA Form 303).

C. Permanent Employees.

1. Except under drastic circumstances, the separation for cause or removal of an employee serving under an appointment without a time limitation, who has completed the one (1) year probationary period, should be preceded by adequate documentation in the form of warnings and/or reprimands which are a matter of written record.

2. Removal may be effected for any of the reasons referred to in this Manual, such as violation of standards of employee conduct.

3. Removal shall be recommended to the Chief Executive Officer by the employee’s Supervisor in writing, supported by a written account of the circumstances and events underlying the recommendation.

4. Upon receipt of the written justification recommending the removal of an employee, the Chief Executive Officer shall give careful consideration to such recommendation and all background information of record. In this connection the Chief Executive Officer is expected to consult with the recommending operating official concerned.

5. If the Executive Director considers the recommending official’s request reasonable, the Human Resources Manager shall advise the employee in writing of the removal action to take effect thirty (30) calendar days from the date of the notice, the reasons therefore, and that the employee may request a hearing before the Board within ten (10) calendar working days from the date the employee receives the notice.

6. If the employee does not appeal or if the employee appeals and the appeal is denied, the employee’s removal shall be processed finally in accordance with instructions applying within the Human Resources Division only, including issuance of a Notice of Official Personnel Action (LBJ-ASMCA Form 303).

7. The employee will normally be retained in an active duty status during the 30-day notice period. However, if the circumstances are such that retention of the employee in an active duty status in the employee’s position may result in damage to LBJ-ASMCA property or may be detrimental to the interest of LBJ-ASMCA or injurious to the employee, fellow workers or the general public, the employee may be:

a. Temporarily assigned duties in which these conditions will not exist.

b. Placed on annual leave with his consent.

c. Suspended pending the expiration of the 30-day notice period. The suspension is a separate adverse action and will be effected by a separate notice to the employee. The specific reasons for not retaining the employee in an active duty status during the notice period must be included in the notice of suspension and approved by the Chief Executive Officer prior to implementation.

History: Rule 01-2000, eff. Sept. 25, 2000.