Chapter 01 - Administration and General Provisions

4.0101 Applicability-Position categories.

This title applies to all career service positions and employees. The territorial personnel system is composed of career service positions and excepted positions.

4.0102 Administration.

The director is responsible to the Governor for exercising leadership in and for the administration of all aspects of public personnel management covered in this title, in accordance with appropriate ASG and U.S. statutes and rules. The director shall develop and promulgate rules, standards, nd procedures designed to promote the efficiency of the territorial service and to serve the needs of its people. The director shall maintain a system of periodic review to determine that all rules relating to his assigned responsibilities are being carried out. Whenever such review reveals failure on the part of any individual or department to comply with established policies, the director will take such action as may be considered appropriate.

4.0103 Agency head responsibilities-Delegation.

(a) Personnel administration is a line function in government, each agency head being responsible for carrying out the basic personnel development and management requirements of his own organization, regardless of size or number of employees. Included in this responsibility are:

(1) cooperation with the office of manpower resources;

(2) prompt notification to OMR of personnel actions;

(3) active, concerned leadership in assisting employees to carry out individual development plans;

(4) prompt and accurate action in all hiring of new employees, promotions, transfers, and disciplinary actions in conformance with this title.

(b) The training and technical aspects of personnel administration may be delegated to supervisors, trainers, and personnel officers, but the basic responsibility for overall administration in each agency remains at the top.

4.0104 Investigative authority.

The director may make investigations as necessary to enforce Title 7 ASCA et seq. and other pertinent portions of law and the rules governing employment. This may include investigations into the qualifications and suitability of applicants for positions.

4.0105 Enforcement authority.

Whenever the director finds that any person has been appointed to, or is holding or performing the duties of, a position in violation of any of the laws and rules administered by the director, the director is authorized, after giving due notice and opportunity for explanation, to certify the facts to the department with specific instructions for corrective action. Whenever the director issues such specific instructions for corrective actions, the department head concerned shall comply with the director's orders and make a report thereon to the director. If the department head fails to do so, the director shall certify the facts to the ASG treasurer, with a copy to the department concerned, and thereafter no payment shall be made of salary or wages accruing to the employee in question. Whenever the director finds that any officer or employee has violated the laws and rules administered by the director, he shall take legal action to secure compliance or other appropriate response under the law. Whenever the director finds that procedures have not been followed, he may directly instruct the agency to take corrective action.

4.0106 Discrimination prohibited.

There shall be no discrimination in employment against any person on the basis of race, religious beliefs, political beliefs, color, age, sex, national origin, marital status, or physical and mental handicap, except for bona fide occupational or legal requirements.

4.0107 Gender.

Words used in the masculine gender in this title, except for 7.13 include the feminine and neuter.