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Chapter 08 - Termination of Employment—Disciplinary Measures

Chapter 08 - Termination of Employment—Disciplinary Measures

7.0801 Grounds for demotion, suspension, or removal.


Employees in the career service may be demoted, suspended, or removed for below standard job performance, misconduct on the job, misconduct off the job which reflects adversely on the government, conviction of a felony, sentence to prison for 30 days or more upon conviction of a crime, or violation of standards established administratively which govern employee conduct and deportment, including but not limited to, the proper use and penalty for misuse of government property.

7.0802 Suspension.


(a) Any employee in the career service serving under an appointment without time limitation, regardless of whether he has completed his probationary period, may be suspended without pay as a disciplinary measure for a period not to exceed 30 calendar days.

(b) When considered appropriate, such action shall be recommended in writing to the Director of Manpower Resources by department heads or other authorized operating officials, who shall supply the Director with evidence in support of the recommended action.

(c) If the recommendation is followed, the Director of Manpower Resources shall in writing notify the employee concerned regarding the specific dates of the suspension period, the reasons therefor, the corrective action to be taken by the employee and the consequences which will follow if there is a continuance or repetition of the cause for the suspension.

7.0803 Demotion and termination.


(a) Any employee in the career service serving under an appointment without a time limitation who has completed his probationary period may be removed for cause or demoted on any ground set out in 7.0801.

(b) When considered appropriate, such action shall be recommended in writing to the Director of Manpower Resources by department heads or other authorized operating officials, who shall supply the Director with supportive evidence.

(c) If the recommendation is followed, the Director shall in writing notify the employee of the nature of the charges against him, that he is subject to removal or demotion 30 calendar days from the date of the notice, and that he may request a hearing before the Personnel Advisory Board within 10 calendar days of the date he receives the notice.

(d) The decision of the Personnel Advisory Board, or of the Director of Manpower Resources in the event no hearing is requested and held, shall be final and shall be made within the 30-day notice period provided in subsection (c).

(e) Employees serving under temporary appointments as defined in subsection (a) of 7.0207 may be terminated at any time without notice or the procedures described in this section.

7.0804 Failure to report for duty.


When an employee, without good cause, fails to report for duty for 5 or more consecutive workdays, it shall be considered that he has abandoned the position and his department head may recommend that the Director of Manpower Resources take appropriate action for termination of the appointment and replacement of the employee.

7.0805 Resignation.


Any employee may resign his position for any reason. The resignation should be submitted in writing and shall be accepted upon a satisfactory showing that the employee has returned all government owned equipment and supplies used by him in his employment and that he is not indebted to the Government or the Development Bank of American Samoa.

7.0806 Abolishment of positions.


(a) Abolishment of an encumbered position in the career service due to lack of work or funds, or reorganization, and separation of the incumbent from such position, shall constitute a reduction in force.

(b) The Director of Manpower Resources shall establish and administer rules and regulations governing the disposition of employees affected by reductions in force, which shall give due recognition to merit and fitness, length of service, tenure, and type of appointment, thus insuring equitable treatment of the latter.

7.0807 Prohibited political acts—Penalty.


(a) It is unlawful for an employee of the government to:

(1) use his official authority or influence as an officer or employee of the government for the purpose of interfering with or affecting the result of an election or a nomination for office;

(2) directly or indirectly suggest, advise, command, coerce, or attempt to coerce an officer or employee of the government to pay, lend, or contribute anything of value to any person, committee, organization, agency, or party for political purposes;

(3) use property belonging to the government to directly or indirectly benefit or support any political candidate or political campaign.

(b) Any officer or employee of the government who violates this section is subject to suspension or dismissal from his position with the government, and shall be fined as for a class A misdemeanor.

(c) Employees of the government, including contract and career service employees, may actively participate in the management of political campaigns, their own included, if the participation is after the employees’ normal working hours and off the premises of his place of employment, while on annual leave, or while on leave without pay, so long as paragraphs (a)(l), (a)(2) and (a)(3) and 7.1201 and subsection (f) of 4.0102 are not violated.