THE PUBLIC SERVICE SYSTEM
PART I. EXPLANATION AND ORGANIZATION
General Purpose. These regulations implement provisions of the Truk State Public Service System Act in the Executive, Legislative and Judicial Branches of the Government of the State of Truk. The Public Service System shall be a career service, based on merit principles, and free from coercion, discrimination, reprisal, or religious or political influence. It shall be designed to attract, select and retain the best qualified individuals available with incentives for competent and loyal employees, and a means to eliminate unnecessary and inefficient employee. The Public Service System shall, at all times, provide efficient, impartial and equal service to the public, the employees and to management.
1.2. Organization. These regulations apply to all employees and positions in the executive, legislative and judicial branches of the Truk State Government and personnel services performed for the Executive, Legislative and Judicial Branches, with the following exceptions:
a. Members of the State Legislature;
b. The Governor and Lt. Governor
c. Justices and other judges of the State Courts;
d. The Public Auditor;
e. Persons appointed by the Governor to fill the positions for State Director of Education, State Director of Health Services, State Director of Resources and Development, State Director of Public Affairs, State Director of Public Safety, State Director of Treasury, State Director of Public Works, State Director of Transportation and Communications, State Personnel Officer, State Supply Officer, State Planner and the State Attorney General;
f. Persons appointed to any other positions by the Governor with the advice and consent of the Legislature; Persons or organizations retained by contract when the Personnel Officer has certified that the service to be performed is special or unique and non-permanent and is essential to the public interest, and that, because of the degree of expertise or special knowledge required and the nature of the service to be performed, it would not be practical to obtain personnel to perform such services through normal public service recruitment procedures;
h. Persons presently under contracts of employment during the life of such contract, except if renewed or amended;
i. Temporary positions, required in the public interest for special projects which the need does not exceed twelve (12) months;
j. Positions requiring part-time or intermittent work which does not exceed twenty (20) hours in the biweekly pay period;
k. Positions filled by inmates, patients and students of any institutions of the Truk State;
l. Members of any board, public corporation, commission, or similar body, in their capacity as such;
m. Positions specifically exempted by any other law of Truk.
1.3. Application. All matters concerning the classification and compensation of positions and the employment, conduct, assignment, training, performance and separation of employees in the Public Services System shall be governed by applicable regulations and shall be applied equitably to all.
1.4. Eligibility for Employment. Preference in employment, promotions and training shall be given to qualified citizens of the Federated States of Micronesia. United States citizens or third country nationals shall be employed only when qualified citizens of the Federated States of Micronesia are not available.
II-1. Designated Staff Officer. The provisions of the Truk State Public Service System Act and these regulations shall govern the administration of the Truk Public Service System. Subject to these regulations and law, the State Personnel Officer is designated to be responsible for these specific responsibilities:
a. Directs and supervises all of the administrative and technical activities of the office of Personnel;
b. Administers the system of personnel management and administration for the state government;
c. Prepares proposed policies and regulations to carry out the provisions of the Truk State Public Service System;
d. Acts for the Governor in the exercise of his appointing authority, to include the determinations of qualifications required for all positions, whether employees or prospective employees meet minimum qualifications requirements, and the appropriate compensation for all positions in the Truk State Government;
e. Advises the Governor and his staff on all matters concerning personnel management and administration, employee training;
f. Develops and utilizes the recruitment and selection procedures and methods;
g. Develops and maintains a position classification plan and a pay plan in accordance with the Truk State Public Service System Act;
h. Establishes and maintains a current roster of all officers and employees in the Public Service System, indicating for each of the class of positions held, the salary, and any other appropriate data;
i. Develops training programs for the improvement of employees skill and for the development of a systematic career program for employees who are citizens of the Federated States of Micronesia; Develops and maintains a system of performance evaluation for the purpose of appraising the productivity of employees in the Public Service;
k. Encourages and exercises leadership in the development of effective personnel management and administration within the departments of the state government and makes available the facilities of the State Personnel Office to this end;
l. Fosters and develops, in cooperation with management officials, programs to promote the Public Service System and to improve employee efficiency;
m. Cooperates fully with and attends, or arranges for a qualified -representative to attend, all Personnel hearings and advises the committee on technical matters as required;
n. Performs any other activities deemed necessary and appropriate to assure the promotion of a comprehensive merit system;
o. Performs any other lawful acts assigned to him by the Governor or otherwise required to carry out the provisions and purposes of the Truk State Public Service System Act.
III.A.1. This Sub-Part prescribes the examining system to be used in the Public Service System. It describes the several types of examinations, the assembling of eligible list, and the referral of eligible from those lists to selecting officials.
III.A.2. Competitive Examinations. All examinations shall be competitive and open to the public except where specifically exempted. All examinations shall be either:
a. Assembled wherein the applicants assemble in a designated places) at a specified time (s) to take written or performance tests germane to the positions) sought. Assembled examinations will be conducted under conditions affording maximum security at all times to protect the confidential nature of examination questions and related documents,
b. Unassembled, wherein the applicants, responding to an examination announcement, submit, to designated places and by designated times, their records of education, training, experience, and such other information as requested in the announcement, to be evaluated and rated by a qualified analyst. The examination announcement shall stipulate the dates of opening and closing of the examination, the forms to be used for filing, and the places to which the forms and associated information shall be sent.
III.A.3. Non-Competitive Examinations. Non-competitive examinations, either assembled, or unassembled, may be used when, in the
judgement of the State Personnel Officer, one of the following conditions or circumstances so requires:
a. The position to be filled requires rare or special qualifications or training which do not permit competition.
b. There is a lesser number of qualified applicants than there are positions to be filled.
III.A.4. Publicity. Optimum publicity shall be given to examination announcements through posting within the Truk State, FSM National and State Personnel Offices and such other places as may be designated by the State Personnel Officer (e.g., official bulletin boards in offices or work places). State Department Directors and Activity Heads shall make every effort to bring announcements to the attention of all personnel under their jurisdiction.
III.A.5. Content of Examination Announcements. Announcements shall contain, at least, the following information:
a. Class Title of positions,
b. Salary and pay level.
c. Brief description of duties and responsibilities.
d. Geographical and organizational location of the presently vacant position(s).
e. Qualifications required for admission.
f. Opening and Closing dates, and place to file applications.
g. Place and time of examination, if any.
h. Any other information considered by the State Personnel Officer to be valuable to the attraction of candidates for the positions.
III.A.6. Period of Announcement. Examination announcements on a competitive basis shall be open for at least ten (10) calendar days. However, the State Personnel Officer may extend the period for receipt of applications at his discretion, providing such extension is announced in the same manner as the original announcement.
III.A.7. Continuous Examinations. When difficulty is experienced in attracting sufficient numbers of qualified applicants for vacancies to the Public Service System, the State Personnel Officer may announce a continuous examination. Notice of closing of a continuous examination shall be posted at least one week prior to the final closing date for such examination.
III.A.8. Promotional Examinations. Promotional examinations are restricted to permanent employees in the Public Service System. Announcements to fill vacancies by promotion shall be distributed in the same manner as other examination announcements. However, the State Personnel Officer may restrict eligibility for participation in an examination to a particular department/office if the position to be filled is of nature peculiar to that department/office.
III.A.9. Admission to Examinations. Applications for examination shall be made on forms prescribed by the State Personnel Officer. Proper completion of applications and submission of supplemental information shall be accomplished in accordance with the examination announcement and established procedures. Applications shall be signed and such signature shall certify to the truth of all statements contained therein. A knowingly false answer or statement shall be grounds for denying admission to the examination, removal from the resulting eligible list, or for dismissal from the Public Service if the person is employed prior to the discovery of a false answer or statement. The State Personnel Officer and his designee are authorized to receive applications. Applications for specific positions shall be received only during the period specified on the examination announcement. Applications submitted by mail shall be postmarked no later than the announced closing date. Late applications will not be accepted unless approved by the State Personnel Officer because of unusual circumstances. Such determinations shall be made a matter of record and similar circumstances in other examinations shall be treated equally.
III.A.10. Disqualification of Applicants. The State Personnel Officer or his designee may refuse to examine an applicant for failure to meet the minimum requirements for admission to the examination. Applicants who do not meet the minimum qualifications shall be notified as soon as practicable. If an applicant is disqualified following placement on an eligible list, his/her name shall be removed from the eligible list.
III.A.11. Notification of Acceptance for Assembled Examination. Each applicant who has been accepted shall be given sufficient advance notice of the date, time, and place of an assembled examination; inclusion of the requisite information on the examination announcement. No applicant shall be entitled to take an assembled examination on a date, time, or place, other than that stated in the notification unless specifically authorized by the State Personnel Officer. The State Personnel officer shall not be responsible if a notice is lost in the mails or sent to an applicant's former address. Where mail service is not adequate to meet these notification appointments, oral notification in person, by telephone, or by radio may be given if the foregoing time and content provisions are met, and if such oral notification is properly documented.
III.A.12. Conduct of Assembled Examination. The State Personnel officer shall appoint a representative to administer the examinations at the time(s) and place(s) designated in the notification of acceptance for examination or the examination.
III.A.13. Cancellation of-Examinations. Examinations may be cancelled at any time by the State Personnel Officer if there is no longer need for eligibles covered by the examination or if the examination no longer meets the expressed requirements of the government.
III.A.14. Rating of Examinations.
a. Examinations shall be rated by the State Personnel Officer or by a qualified rating examiner from the Personnel office.
b. Appropriate scientific and statistical techniques and procedures shall be used in scoring and rating examinations, and determining the relative ranking of candidates on competitive examinations. The final rating required to pass an examination shall be set by the State Personnel officer who may also set minimum ratings for each part of the examination when the examinations are arranged in readily identifiable parts, The final earned ratings of candidate shall be determined by combining the earned ratings of each part of the examination in accordance with the weights established for each such part.
III.A.15. Reviews of Examination Results. Any applicant may request a review of his/her rating within ten calendar days following the notification of examination results. Such request for review shall be addressed to the State Personnel Officer who shall comply with the request.
III.A.16. Changes in Rating. Changes in rating may be made as a result of correction of errors in the scoring or rating process, or as a result of a request for review wherein the facts presented warrant a change. Correction of errors shall be applied equally to all participants. An amended notice of rating shall be reported to all applicants affected by such change in rating.
III.A.17. Establishment of Eligible Lists.
a. The State Personnel Officer or his designee shall establish eligible lists in which all candidates who received an eligible or passing rating on the examination shall be listed. The Eligible List shall list the candidates in the order of their respective scores. When the State Personnel Officer provides a list of eligibles to a management official, the names of five or fewer as may be available candidates shall be certified first. An eligible List shall be considered "established" when approved by the State Personnel Officer.
b. When an Eligible List is reduced to a level which contains too few names to provide selecting officials with an adequate range of choice and the employment forecast indicates a continuing need for eligibles in the class, the State Personnel officer shall announce a new examination.
c. In the event two or more applicants have identical ratings, their names shall be placed according to their scores on the most heavily weighted portion of the examination. If all portions are identical, the receipt time of their applications will determine priority. An open competitive list shall be certified by the State Personnel Officer only after it has been determined that a qualified candidate is not available from the re-employment list or promotional list.
III.A.18. Certification From Eligible List.
a. Appointments and promotions in the Public Service System shall be made from certified eligible lists resulting from examinations, except as otherwise provided by these regulations. The process of providing a list of eligible candidates to selecting official is known as "Certification of Eligibles." A Certification of Eligibles shall be drawn from among the highest scoring candidates in precise numerical order, highest score first. Not more than five names shall be certified for one vacancy. If a selecting official intends to fill more than one position from the same examination at the same time, the number of names certified shall be increased by one eligible for each additional position to be filled.
b. Requests for eligibles shall be made on forms prescribed by the State Personnel Officer, and shall early identify the position to be filled.
III.A.19. Procedure when Eligibles are required. Whenever eligibles are required, the State Personnel Officer shall:
a. Prepare the Examination Announcement.
b. Administer the Examination.
c. Establish an eligible list, as determined by the examination.
III.A.20. Removal of Names From Eligible Lists. The State Personnel officer may remove the name of any person who has been disqualified under Section III.A.10 of this Sub-Part. The name of any person may also be removed if:
a. The eligible candidate fails to respond within 10 calendar days from the date of dispatch of an inquiry as to availability for employment, provided that the name may be restored for reasons deemed sufficient by the State Personnel Officer.
b. The person is appointed from that list to a permanent position in the Public Service.
c. The eligible voluntarily withdraws.
d. There is evidence of physical or mental unfitness to perform the duties of the position, as indicated by appropriate medical examination.
e. The eligible fails to report for duty within the time prescribed by the selecting official.
f. The eligible is found to be no longer qualified to perform the duties required of the class of position.
III.A.21. Selective Certification. When the State Personnel Officer determines that a position has a selective placement factor which is not a general qualification requirement for that class of position, he may certify from the appropriate class eligible list those eligibles who meet that specific requirement. The individual may be removed from the list if he refuses a e reasonable offer of employment.
III.A.22. Options for use of Eligible Lists. Whenever a vacancy arises in the Public Service System, the official responsible for initiating the process to fill that position has these options:
a. When the position to be filled does not have promotional potential, the selecting official may request certification from the appropriate re-employment list or open eligible list or choose to redefine the position at a lower level. If the position is in an established career ladder, it must be filled at the entry level unless there are overriding reasons not to do so. The State Personnel Officer is authorized to grant exceptions to this procedure upon proper justification. Appropriate records for such approvals and associate materials shall be maintained by the State Personnel Officer for reference.
b. When the position has promotional potential, and the promotional examination is unsuccessful in producing a promotional eligible list, the recourse is to the eligible lists produced by the open examination process.
III.A.23. Duration of Eligible Lists. The life of an eligible list, other than the re-employment lists, shall be for a period of one year, unless extended by the State Personnel Officer.. An eligible list may be extended up to one year beyond its original expiration date. No person shall be retained on an eligible list beyond the period of extension of the original list. when an eligible list is reduced to an insufficient number of eligibles, a new list may be established through an appropriate examination. Remaining eligibles shall be combined with those on the new list for the remainder of the term of the original list. An open examination eligible list and a promotional examination eligible list shall not be combined. A competitive examination eligible list and a noncompetitive examination eligible list shall be combined only as noncompetitive eligible list. If an eligible candidate successfully participates in a subsequent competitive examination and the resulting eligible list is combined with that of a previous competitive examination eligible list bearing this name, that eligible candidate shall elect to have his name retained on a combined list, either at the position and for the remainder of the term of the original list or of the subsequent list, but not at both positions.
III.A.24. Order of use of Eligible Lists. The following shall be the order in the use of eligible lists:
a. Re-Employment list (listing those employees demoted or terminated by reduction-in-force procedures).
b. Promotional List (listing permanent employees of the Public Service System determined to be eligible for promotion).
c. Open list (resulting from competitive or non-competitive examinations open to the public, including permanent employees of the Public Service System), All eligibles for a position must be exhausted from the Re-employment list before a promotional list may be used. All eligibles for a position must be exhausted from the re-employment list and the promotional list before an open list may be used.
III.A.25. Re-Employment List. Any person who has held a permanent position in the Public Service System who has been demoted or terminated through reduction-in-force, shall have his name placed on a Re-Employment List. The name of such person shall be placed on the Re-employment list for the same or related class of position as he last held under a permanent appointment. Names shall be arranged on the re-employment list in the chronological order of their separation from their respective competitive levels. Names shall be removed from the re-employment list at the expiration of three years from the date of separation or demotion, or sooner if the individual is re-employed in a position at the same or higher pay level as that he formerly held in the Public Service System.
III.A.26. Filling Vacancies: Whenever there is a position to be filled in the Public Service, the management official shall request a list of eligibles from the State Personnel Officer who shall thereupon respond to such request by certifying from the appropriate eligible list in accordance with Section III.A.18. five (5) highest available eligibles, or a lesser number as are available. The management official shall make the appointment from the list'of eligibles submitted to him unless he finds none on the list acceptable to him, in which case he will request a new list from the State Personnel Officer who shall thereupon request him to provide in writing his reasons for rejecting the eligible list previously submitted to him. A new list of no more than five eligibles selected in like manner shall be submitted to the requesting management official if in the opinion of the State Personnel Officer that his reasons are adequate. The management official shall make an appointment from that list. If, however, the State Personnel Officer finds management official's reasons inadequate, he shall resubmit the original list and an appointment shall be made therefrom. No person shall report to work nor receive a salary unless he has been previously certified on an appropriate eligible list by the State Personnel Officer, or his authorized representative, and selected by the management official and approved by the Office of the Governor.
PART III. SUB-PART B. POSITION AND APPOINTMENTS
III.B.1. Types of Position and Appointments: All positions in the State Public Service System shall be identified in the records of the State Personnel Office as either permanent or limited-term, or such other status. as is authorized by law.
III.B.2. Permanent Position. A permanent position is a position which is established based upon the continuing need of the government and which is authorized to continue longer than one year.
III.B.3. Limited-Term Position. A limited-term position is a position which is authorized based on a need of not to exceed one year.
III.B.4. Part-Time Position. A position which is established for less than full time but with regularly scheduled hours of duty (e.g., the incumbent works a full day each Monday, Wednesday and Friday or half day each work day).
III.B.5. Types of Appointments. Appointment in the State Public Service System are placed in the classes defined in the following:
a. Probationary Appointment . An appointment in which the appointee is selected from an eligible list resulting from an open examination to fill a permanent position. The appointee shall serve an initial probationary period of one year from the beginning of his probationary appointment and shall demonstrate his capacity for satisfactory performance before being converted to a permanent appointment. Separations during the initial probationary period are not processed under adverse action procedures.
b. Permanent Appointment. An employee who has been appointed to a permanent position and who has satisfactorily completed his initial one year probationary period shall hold a permanent appointment in the Public Service and is entitled to the full benefits of these regulations. Permanent appointment may be made to less than full-time positions with a regularly scheduled hour of duty.
c. Limited-Term Appointment. A limited-term appointment is one in which the appointee is appointed to a limited term position for not more than one year. The appointee shall be entitled only to Workmen's Compensation, Social Security, annual leave, overtime, and holiday pay unless the last day of appointment falls on a holiday. An employee serving a limited-term appointment may serve in any of the following types of positions: Full-time position, part-time position, and intermittent position. Any person given a limited-term appointment must meet the minimum qualifications for the class of position to which appointed.
d. Provisional Appointment. An appointment, limited to not more than 90 days, used to fill a permanent position pending the establishment of an eligible list. The State Personnel Officer may authorize extension of provisional appointment when the examination fails to make available any qualified candidate; provided that no provisional appointment may exceed cumulatively 180 days. Any person given a provisional appointment must meet the minimum qualifications for the class of position to which appointed.
e. Emergency Appointment. An emergency appointment may be authorized under the following conditions:
1. When a sufficient emergency exists as determined by the Governor;
2. To prevent the stoppage of essential public business;
3. When it is not practicable to ascertain whether there is an eligible list; and
4. This appointing authority shall not continue for more than ten working days.
Such an emergency appointment shall be limited to 10 work days but may be extended by the State Personnel Officer or his designee if the Department concerned so requests in writing, when the cause is determined to be good and sufficient, and the extension does not exceed 20 additional work days. All persons receiving emergency appointments shall be required to meet the minimum qualification requirements of the class of positions to which appointed.
f. Employment Contract Appointment. An employee hired because of the unavailability of a qualified FSM citizen shall be employed under employment contract appointment.
III.B.6. Pre-Employment Physical Examination. All persons selected for probationary or permanent appointments in the Public Service System must be physically capable of performing the duties of the position. They must be free from communicable diseases and any present or potential medical condition which would be detrimental to successful performance of duty or the health of other employees, or reflect discredit upon the Public Service System. Examination shall be required as follows:
a. For sedentary work (usually office occupation). The medical examination shall consist of medical history, blood pressure check, chest x-ray, and an evaluation of general physical condition.
b. For arduous or hazardous work (includes positions requiring regular operation of motor vehicles or mechanical work equipment). The medical examination shall consist of medical history, cardiovascular evaluation including blood pressure check, chest x-ray, general physical condition, and compliance with special physical requirements for the position to be established by the State Personnel Officer, in conjunction with the Departmental Director, the Governor and the Department of Health Services.
III.B.7. Administration of Physical and Pre-Medical Examinations. Medical examinations shall be administered by medical personnel authorized by the Truk State Government to conduct such examinations for employment purposes, and shall be recorded on forms prescribed by the State Personnel Officer. Trukese citizen applicants and employees of the Truk Public Service System are provided such examinations, free of charge, at the medical facilities of the Truk State Health Services Department.
III.B.8. Prohibited Actions. Employment of any person without an approved personnel action is prohibited. Supervisors or management officials shall not permit an employee to report to work without an appropriate and formally approved personnel action. The Truk State Public Service System employee responsible for permitting a person to report to work without an approved personnel action will be personally liable for all expenditures including salary for periods worked for such unauthorized employment.
PART III. SUB-PART C. TERMINATIONS OTHER THAN FOR PERSONAL CAUSE
III.C.1. General. This sub-part applies to Resignation, Termination for Medical Reasons, Voluntary Demotion, and Reduction-in-force.
III.C.2. Separations Other Than Reduction-in-Force.
a. Resignations. Resignations shall be in writing and shall be submitted at least 15 calendar days in advance of the effective date, except in bona fide emergencies so certified by the State Personnel Officer. The State Personnel Officer may designate management and highly skilled technical classes for which this period may be extended to 30 calendar days. The Department Director or Supervisor shall submit a copy of the written resignation, together with the necessary terminating documents, to the office of the State Personnel Officer for consummation of the action. Withdrawal of a resignation prior to the effective date may be permitted provided:
1. The employee makes his/her wishes known in writing, and,
2. The manager concerned agrees to the proposed withdrawal.
b. Retirement, Voluntary. An employee desiring to participate in the Trust Territory Social Security System upon determination of eligibility therefore must resign from the Truk Public Service System.
c. Termination for Medical Reasons. When an employee is found to have an infections or contagious disease which endangers the health of others, or become mentally incapacitated, or is otherwise permanently physically disabled for the satisfactory performance of duties of the position to which assigned, the Governor through his Personnel Officer may terminate his employment, provided:
1. No suitable reassignment can be made within the State Government;
2. Medical examination procedures have been complied with.
An employee whose services are terminated under the provisions of this Sub-Part may be eligible for disability retirement under the Trust Territory Social Security Law. The responsibility for applying disability retirement rests with the employee although it is the responsibility of the State Personnel Officer to assure that the employee is aware of such opportunity.
d. Demotion, Voluntary. An employee may volunteer for demotion without prejudice to a lower class of position. The approval of such a request by the appropriate management officials must be contingent upon these factors:
1. A vacant permanent position in the lower class must be available within the jurisdiction of the management official concerned.
2. No additional cost shall accrue to the government as a result of or incidental to the demotion action.
3. The salary of the demoted employee in the lower level position shall be set at the highest step providing the rate does not exceed his current pay rate. Where his/her existing rate exceeds the rate of the maximum rate of the lower pay level, the employee should be compensated at his/her present rate.
III.C.3 Reduction-in-Force. An employee may be demoted or terminated through Reduction-in-Force Acting because of lack of work or funds, or other management requirements or for other reasons outside of the employee's control which reflect no discredit on the services of such employee.
a. Reduction-in-Force Planning. When it becomes evident that reduction in staff must be made; the Department Director or Staff Officer concerned shall institute administrative procedures to assure that all legitimate possibilities for reassignment within that part of the Government for which he is responsible have been exhausted. If formal reduction-in-force is the only remaining alternative, he shall provide to the State Personnel Officer, at least 60 calendar days in advance, notice of need to take reduction-in-force action. Upon receipt of a request to initiate reduction-in-force action, the State Personnel officer determines what appropriate permanent positions, if any, in the System are vacant, for which recruitment is under way, or which are filled by employees with other-than permanent appointments into which the incumbent(s) of the position(s) to be abolished could be moved through regular personnel actions, and proposes this solution for each position to be abolished. If formal reduction-in-force action is the only remaining alternative, the State Personnel Officer proceeds with the reduction-in-force process,
b. Competitive Processes. Detailed competitive processes shall be established to assure equitable competition, recognition of merit, and the public interest. For administrative purposes, competition shall be limited to the established competitive areas and levels:
(1) Competitive Areas. The competitive areas for the Truk State consist of Moen and its commuting area, and all other atolls and islands in the State are each a district competitive area.
(2) Competitive Levels. A competitive level is comprised of all positions within a class.
(3) Competitive Within a Competitive Level. When reduction-in-force is required within a competitive level, the incumbent with the lowest retention standing in that competitive level shall be RIFed.
(4) Retention Register. The State Personnel Officer shall establish a retention register for those competitive levels where reduction-in-force is to be applied.
(5) Retention Standing. Retention Standing is derived by using the following;
(a) each outstanding yearly performance rating given within the last twelve months preceding the written notice to the State Personnel Officer to institute reduction-in-force action will be assigned two points;
(b) each incentive award within the twelvemonth preceding the written notice to the State Personnel Officer to institute reduction-in-force action will be assigned two points;
(c) each merit increase awarded within the twelve months preceding the written notice to the State Personnel Officer to institute reduction-in-force action will assigned two points;
(d) each outstanding yearly performance rating given during previous years will be assigned one point;
(e) each merit increase awarded during previous years will be assigned one point;
(f) each letter of commendation from the employee's supervisor will be assigned one point;
(g) the employee with the highest number of retention points is placed first on the list.
When employees are found to have the same total allotted points or no allotted points the one with the greater seniority (creditable service) shall be placed higher on that retention register.
(a) Seniority based on total creditable service shall be considered when employees are otherwise determined to have equal retention standing. When employees affected are found to have equal retention standing, the employee with less seniority (Creditable Service) shall be placed lower on that retention register.
(b) Whenever, after retention points and seniority have been determined, two or more employees are found to be tied for the same rank position on the retention register, their final ranking position on the list shall be determined alphabetically by first name as officially listed on the government personnel record, starting with the first letter of the alphabet in the highest position and, in descending order to the list, continuing to the appropriate letter of the alphabet.
(c) Creditable service for retention register purpose shall be as defined in Section III.C.4.F below.
c. Limitations on Competition.
(1) Obligated positions are positions from which the incumbent is temporarily absent because of:
a. Approved education/training leave
b. Temporary Promotion
c. Detail to another activity
(2) Employee who are incumbents of obligated positions shall not be placed in reduction-in-force competition until they have been returned to duty in the obligated position; nor shall obligated positions be abolished until the employee returns to duty in that position. However, whenever possible, temporary promotions and detail shall be terminated before RIF action, to permit thorough consideration of obligated positions and their incumbents as a part of that RIF action.
d. Bumping Rights. If an employee is to be laid off does not have sufficient retention standing in the competitive level to be retained in his/her present class of positions, he/she may request the State Personnel Officer to review the status of employees serving in the same competitive area in lower classes related to the competitive level. If an other than permanent employee is found serving in such a lower class, the position shall be offered to the permanent employee if he/she meets the qualification requirements therefore; if the offer is accepted, the permanent employee shall be demoted to the lower class, retaining his salary level unless it exceeds the maximum step of the lower class pay level.
e. Order of Termination. The order of termination in reduction-in force shall be as follows:
1. Persons occupying positions under emergency appointment, limited-term appointment, provisional appointment or probationary appointment in a competitive level shall be terminated in that progressive order, before RIF competition is instituted.
2. The employee with the lowest retention standing shall be the first released under reduction-in-force.
f. Creditable Services for Reduction-in-Force. Creditable service for reduction-in-force shall be service with the Truk State Government in those organization parts and in those positions which are currently subject to the Truk Public Service System under this sub-part. Additionally, all of the following described service, and no other is creditable for reduction-in-force purposes:
1. Trust Territory` Public Service experience since the United States Administration took over. By Director of Personnel memorandum, dated January 26, 1972, to all Trust Territory Departments and Districts: When Actually Employee (WAE) appointments were to be terminated or converted to appointments per Administrative Directive 72-1, dated January 26, 1976. WAE appointments until June 30, 1972, to be considered as full-time employment and service credited accordingly.
2. Marianas Administration under the United States Navy Technical Training Unit (NTTU) . Until 1962, when the Trust Territory of the Pacific Islands (TTPI) Headquarters moved to Saipan, the Marianas (Saipan & Tinian) were under the United States Naval Administration. Rota was already included in the Trust Territory of the Pacific Islands Administration prior to 1962.
3. Employment with Island Trading Company in all Districts.
4. Employment with the United States National Weather Service.
g. Reduction-in-Force Notice. When the determination to abolish a position is made arid all efforts to place the affected employee in another position with his/her competitive area have failed, the State Personnel Officer shall inform the employee, in writing, that he/she is subject to reduction and that his/her services shall be terminated on the date specified. The State Personnel Officer's letter shall be delivered at least 30 calendar days prior to the effective date of termination and shall inform the employee that his/her name is being placed on the re-employment list. The employee shall sign and date a copy of the letter to acknowledge receipt and return it to the office of the State Personnel Officer.
h. Re-Employment List. Permanent employees terminated because of reduction-in-force shall be placed on the re-employment list for the competitive level for a period of 3 years or until re-employed from that list whichever occurs earlier. Upon the effective date of such reemployment, the employee is in permanent status and is not required to serve an additional probationary period toward gaining permanent status in the Truk Public Service System.
PART III. SUB-PART D. GRIEVANCE
III.D.1. Employee Coverage. The Truk Public Service Grievance System covers all Public Service System employees.
III.D.2. Grievance Coverage. The Grievance System will cover any employment matter of concern or dissatisfaction to an eligible employee unless exempted in Sub-Part III.D.3 below.
III.D.3. Matters Not Covered. The Grievance System will not cover the following:
a. A fitness-for-duty examination.
b. The content of published Government policy.
c. Nonselection for appointment, promotion or transfer from a group of properly ranked and certified candidates.
d. Nonadoption of a suggestion or disapproval of a merit increase, performance award, or other kind of honorary discretionary award.
e. Any action taken under Sub-Part E, Part III, Disciplinary Actions of these Regulations.
III.D.4. Right to Seek Advice. Sometimes, an employee has a valid reason not taking a grievance to his immediate supervisor. The Government's Grievance System, therefore, provides opportunity for an employee to informally communicate with and seek advice from:
a. The State Personnel Officer, or
b. A supervisory or management official of higher rank than the employee's immediate supervisor.
III.D.5. Informal Grievance Procedure. Before an employee can utilize the formal grievance procedure, he must show evidence of having pursued his grievance informally. He must complete the informal procedures before he can request a formal panel hearing and before that panel can accept from him for processing under the formal procedure a grievance concerning the same matter.
a. An employee may present to his supervisor at any time, a grievance concerning a continuing practice or condition. He must present a grievance concerning a particular act or occurrence within ten (10) work days of the date of that act or occurrence, or of the date he became aware of that act or occurrence.
b. An employee may present a grievance either orally or in writing to his supervisor.
c. Supervisors have an obligation to consider an employee's grievance and to act promptly and fairly on the issue or issues presented in the grievance. Informal settlement of a grievance requires that the supervisor exhibit competence, mature judgement, and a true willingness to reach a satisfactory settlement.
d. If the employee has a valid reason for not presenting his grievance to his immediate supervisor, he must present it to one of the persons designated in Part III.D.4 above.
III.D.6. Formal Grievance Procedure.
A. If the employee's grievance is not settled to his satisfaction by the immediate supervisor, he should forward his grievance to the State Personnel Officer and request review by a formal panel. A three-member panel shall be selected as follows: One member selected by the employee; one member selected by the Department Director or Staff Officer responsible for the employee's governmental unit; and the third member, who serves as the panel chairman, selected by the two; all of the panel members must be Truk State Government employees. This panel will review an employee's grievance and make recommendation to the Governor, who shall make the final disposition of the grievance.
B. Entitlement to formal review is based on compliance with the following:
1. The employee must explain his attempts to settle the grievance informally.
2. He must have submitted his grievance to the informal
procedure within the time limit prescribed in Sub-Part III D.5.a, above.
3. The grievance must be in writing.
4. The grievance must contain sufficient detail to identify and clarify the basis for the grievance.
5. The employee must specify the personal relief requested by him.
6. The grievance hearing shall be an administrative hearing of an informal nature.
7. Government records requested by the panel must be provided the panel by the record custodian.
8. The panel chairman shall prepare a summary report of the hearing.
9. The panel shall provide the Governor a written recommendation; with expository, explanatory justification to support the recommendation(s)
III.D.7. Grievance Resolution. Within five (5) work days after the receipt of the panel's recommendation(s), the Governor must provide in writing his resolution of the grievance. The grieving employee and management official must comply with the Governor's disposition of the grievance.
PART III. SUB-PART E. DISCIPLINARY ACTION
III.E.1. Actions Covered. This Sub-Part applies to suspensions, demotion for disciplinary reasons, removal, and abandonment. This Sub-Part also applies to non-disciplinary suspension for investigation.
III.E.2. Definitions. The terms suspension, demotion, removal, abandonment as used in this Sub-Part mean:
a. Suspension: Management action for placing an employee in a non-duty and non-pay status for a specific length of time.
b. Demotion: Management action of placing an employee in a lower pay level with a reduction in his compensation.
c. Removal: Management action of separating an employee from the Truk Public Service System, or of terminating the services of an employee.
d. Abandonment: Management action of separating an employee for ceasing to work without explanation for more than fifteen consecutive work days.
III.E.3. Authority to Take Disciplinary Action: The authority to effect disciplinary actions has been granted to management officials by Section 25 of Public Law No. 3-43, For this purpose, management officials shall include the Governor, Lt. Governor, all Directors of State Departments and Staff Officers of the Executive Branch; their counterpart officials of the Judicial and Legislative Branches; and their delegates. A Director may delegate in writing to a Division Chief the taking of disciplinary actions. The authority to effect disciplinary actions may not be further delegated or redelegated. For purpose of this Sub-Part only, the term "management official" will reflect to an individual who is specifically granted authority through is Sub-Part to effect disciplinary actions in accordance with this Sub-Part.
III.E.4. Employee Coverage. This Sub-Part applies to permanent employees in the Truk Public Service System.
III.E.5. Merit of Disciplinary Action. A disciplinary action against an employee may not be taken under this Sub-Part except for such cause as will promote the efficiency of the service.
III.E.6. Suspension Not to Exceed 3 Work Days. A management official may suspend an employee for-a period not to exceed 3 work days, whether consecutive or not, for disciplinary purpose. For suspensions of 3 days or less, the employee must be given at least 24 hours in advance a dated and written notice of the suspension. The notice shall contain the specific reason(s) upon which the action is based. The suspension action shall be placed in the employee's official Personnel Folder (OPF). An employee who feels that the suspension is improper or not justified may grieve the decision of management official.
III.E.7. Suspension for More Than Three (3) Work Days.
(a) A management official may suspend an employee for such length of time as appropriate but not to exceed thirty days at any one time or sixty days in a twelve-month period. For a single suspension of more than thirty work days, whether consecutive or not, the approval of the State Personnel Officer shall be necessary.
(b) For the purpose of investigating a possible charge against the employee, upon representation by a management official, the State Personnel Officer may concur in a non disciplinary suspension for investigation of that employee for up to 30 days, and extension beyond 30 days, to determine if there is basis for a disciplinary action. Upon completion of investigation and no charge has been substantiated, the employee shall be reinstated in his position with full and retroactive pay to the date of suspension.
III.E.8. Demotions. A management official may for disciplinary reasons reduce an employee's class and pay level to a lower class and pay level provided that all disciplinary-action procedures are followed. An employee who has been demoted for disciplinary reasons normally shall be placed at the step in the lower pay level which corresponds to his step in his former pay level.
III.E.9. Removals. A management official may remove an employee for just cause provided all disciplinary action procedures are followed.
III.E.10. Disciplinary Action Prerequisites. Management officials must observe the following requirements when taking suspension, demotion or removal action under this Sub-Part:
a. The management official must give the employee at least five (5) work days advance written notice of his action; except as provided in Sub-Part III.E.6.
b. The letter must state any and all factors considered in the situation to fully support the action taken.
c. The management official must make available to the employee all the materials relied on to support the reasons for the disciplinary action.
d. The action taken shall be for good and justifiable cause; and shall be appropriate to the infraction, if there is one.
e. In the written notice of disciplinary action the employee must be informed of his right to file an appeal as provided in Sub-Part III.E.10.f. following.
f. Any employee covered under Sub-Part III.E.10.e. may file his appeal personally or by registered mail with the Personnel Officer no later than fifteen (15) calendar days after delivery of the written notice of disciplinary action. The appeal must be in writing and must give the employee's reasons for contesting the disciplinary action together with any offer of proof and pertinent documents the employee desires to submit. It should also include the employee's request for a hearing, if he so desires. Employees located in the outer islands must also meet the fifteen (15) calendar day period for filing an appeal. This can be accomplished by submitting the written appeal to one of the following officials who will certify to the date of presentation: The Governor's Representative, the Magistrate or the Community Court Judge of the outer island. After certification has been made by one of the above officials as to date, the employee should mail the appeal letter to the State Personnel officer.
PART III. SUB-PART F. APPEALS FROM DISCIPLINARY ACTIONS
III.F.1. Purpose. This Sub-Part establishes the Truk State Public Service Appeal System. Any employee covered by Sub-Part III.E.4 of these regulations may appeal in writing to an Ad Hoc Committee for review of a decision to take disciplinary action of suspension, demotion, or removal against him.
III.F.2. Right to a Hearing. Upon the filing of an appeal by the employee, both the responsible management official and the employee are entitled to a full and fair hearing before an Ad Hoc Committee which reviews all evidence and takes all testimony offered both in support of an in refutation of the disciplinary action. Only one hearing is held unless the Committee determines the unusual circumstances require more.
III.F.3. Employee Representation. An employee may be represented and advised at the hearing by a representative of his choice. This representative may be another government employee or from outside the government. The employee may not change his representative once the committee has begun hearing his appeal.
III.F.4. Government Representation. The government"s representative at such hearing shall be State Attorney or his designee; who may also represent the management official. The management official, however, may select a representative of his choice for such a hearing, but wholly at his own expense.
III.F.5. Official Time to Prepare for a Hearing.
a. An employee is entitled to a reasonable amount of official time to prepare for a hearing if he is otherwise in an active duty status. Both the employee who appeals and the appellant's representative shall make arrangements with their supervisors for the use of their official time.
b. The time to be allowed must necessarily depend on the facts and circumstances of each case. If preparation requires more official time than was originally considered reasonable, the employee or his representative may request the State Personnel Officer for more time. The State Personnel- Officer will determine if the request is reasonable and should be granted.
III.F.6. Freedom From Reprisal or Interference. All employees covered by Sub-Part III.F.4 of these Regulations are provided by Section 25(3) of Truk State Law No. 4-23 the right to appeal. The purpose of the appeal system is to give the employee means for review of his disagreement. However, unless the employee feels free to use the system, it will not serve its intended purpose.. Therefore, an employee and his representative must be free to use the appeal system without restraint, interference, coercion, discrimination or reprisal. An employee, whether acting in an official capacity for the Government or on any basis, must not interfere with or attempt to interfere with another employee's exercise of his right under this section. To be fully effective, the spirit as well as these regulations must be enforced. It is not enough for an official to abstain from overt threats or interference. He must also refrain from making any statement or taking any action that has the appearance of a threat, interference, or intimidation.
III.F.7. Disciplinary Action File.
a. A disciplinary action file shall be established to hold a separate folder for each employee subject to a disciplinary action.
b. The disciplinary action folder must contain the following:
(1) A copy of the delegation of authority to the management official taking the action, if not granted by these Regulations.
(2) A copy of the written notice of disciplinary action.
(3) The materials relied on by the management official to support the. reasons listed in that notice.
(4) The employee's written notice of appeal.
(5) A copy of the Request for Personnel Action implementing the disciplinary action appealed.
(6) A transcript, if there is one, of the appeal hearing.
(7) A copy of the Ad Hoc Committee's findings.
(8) A copy of the Governor's decision on the appeal.
(9) A copy of the resulting request Personnel Action if any.
III.F.8. Hearing Procedure. When an appeal is received, the State Personnel Officer shall ensure the following are complied with:
a. The Ad Hoc Committee shall be composed of one member selected by the employee, one member selected by the State Personnel Officer, a third member, who shall serve as the Committee Chairman, selected jointly by the two. If the two members do not agree within five (5). calendar days on the third member, the third member shall be selected by lot from among the remaining members of the panel.
b. With the Ad Hoc Committee members, a hearing date established, and the hearing location designated and arranged for.
c. The employee and the management representative shall provide the State Personnel Officer with a list of their representative(s) and all witnesses to be called. The State Personnel Office shall notify all participants of the date, time, and location of the hearing.
d. The pertinent Disciplinary Action File and all other documentation prepared for the Committee members.
e. A representative of the State Personnel Office designated to sit at the hearing(s) and provide the Committee administrative support.
f. At the hearing, the Ad Hoc Committee shall be guided by but need not conform to technical rules of evidence and the proceedings shall be recorded by machine or stenographically.
g. If the Ad Hoc Committee finds a regulatory or procedural defect which would warrant reversal of the action taken by management official, the Committee shall prepare a report of its findings on the issue and order that the action be dismissed without prejudice.
h. The Ad Hoc Committee shall submit a report of its findings and its recommendations on handling the matter. If the committee finds the reason(s) for the action are not substantiated in any material respect, the Committee shall recommend that the disciplinary action be reversed; but if the committee finds that the reason(s) are substantiated or only partially substantiated, the Committee shall recommend that management's action be sustained provided that the Committee may modify the action of the management official if it finds that the circumstances of the case so require and may, thereupon, recommend such disposition of the case as it may deem just and proper.
I. Throughout the hearing process, highest priority shall be assigned to the expeditious execution and completion of each step, toward submitting the Ad Hoc Committee's recommendation(s) within seven calendar days after the close of a hearing to the Governor, when the appeal is from an Executive Branch employee; or to the Speaker, when the appeal is from a Legislative Branch employee; or to the State Judge, when the appeal is from a Judicial Branch employee.
III.F.9. Appeal Disposition. Within seven (7) work days after receipt of the Committee's report and recommendation, the official to whom the report was submitted must give the employee his written decision. The decision must state which charge(s) by the management official is (are) substantiated; and the penalty, if any, to be exacted. Copies of the decision shall be served on all parties and filed in pertinent files. The appealing employee and the management official shall comply with the decision, unless it is superseded by court order or decision.
III.F.10. Status of Employee During the Appeal Period. If an employee appeals a management official's disciplinary action, that action shall remain in effect unless and until reversed or modified by the Governor or the speaker, or State Judge in accordance with Sub-Part III.F.8(i) and Sub-Part III.F.9.
IV.A.1. Political Activities. The political activities of persons in the Public Service System shall be subject to the restrictions of this Sub-Part.
IV.A.2. Rights of Employees. All employees in the Public Service System shall have the following rights:
a. To vote for the candidates of their .choice and to express their opinions on political matters.
b. To be an active member of the political party or organization of their choosing.
c. To make voluntary contributions to a political party for its general expenditures.
d. To become a candidate for political office while working in the Public Service System, providing their campaigning does not take place on government time.
IV.A.3. Prohibitions. Employees of the Public Service System shall not:
a. Use their office or official influence to interfere with an election or to effect the results of an election.
b. Use their official authority to coerce any person or political party in reference to any political related activity.
c. Be obligated to contribute to any political fund or render services to any political activity.
d. Solicit or receive political contributions from anyone while on government time or on government property.
e. Campaign for any candidates for public office during official working hours.
f. Continue as Public Service System employees while holding an elective office in any branch of the Truk State Government.
g. Promote or oppose legislation relating to programs of the Truk State Government without the official sanction of the proper departmental authority. It should be clearly understood, however, that nothing in this policy is to be considered as restricting or interfering with the obligation of employees to respond freely and candidly to any Congressional inquiries asked of them in regard to a appropriations or related matters.
IV.A.4. Public Office
a. Employees elected to public office shall resign their positions in the Public Service.
b. An employee elected or appointed to a Municipal Council where the work to be performed is done intermittently, shall have the option of annual leave or leave without pay while performing his assigned Municipal duties which may require performance during the employee's regular work schedule.
IV.A.5. Penalty. Any employee found guilty of a prohibited activity shall be subject to disciplinary action by management.
PART IV. SUB-PART B.
IV.B.1. Ethical and Other Conduct and Responsibilities of Employees.
a. Gifts, entertainment, and favors. An employee shall not solicit or accept, directly or indirectly, a gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, from a person who:
(1) Has or is seeking to obtain, contractual or other business or financial relations with this government;
(2) Conducts operations or activities that are regulated by this government;
(3) Has interests that may be substantially affected by the performance or non-performance of his official duty.
Except as specifically authorized by law, employees are not authorized to accept on behalf of the Truk State Government voluntary donations-or cash contributions from private sources for travel expenses, or the furnishing of services in kind, such as hotel accommodations, meals,and travel accommodations.
b. The prohibitions of Sub-Part IV., B. 1(a) do not apply in the context of obvious family or personal relationships such as those between the parents, children, or spouse of the employee and the employee, when the circumstances make it clear that it is those relationships rather than the business of the persons concerned which are the motivating factors.
c. An employee may accept loans from banks or other financial institutions on customary terms to finance proper and usual activities, such as home mortgage loans. An employee may accept unsolicited advertising or promotional-material such pens, pencils, note pads, calendars, and other items of nominal intrinsic value. An employee shall avoid any action, whether or not specifically prohibited by this Sub-Part, which might result in, or create the appearance of:
(1) Using public office for private gain.
(2) Giving preferential treatment to any person.
(3) Impeding government efficiency or economy.
(4) Losing complete independence or impartiality.
(5) Making government decision outside official channels.
(6) Effecting adversely the confidence of the Public and the integrity of the government.
d. An employee shall not solicit a contribution from another employee for a gift to an official superior, make a. donation as a gift to an official superior, or accept a gift from an employee receiving less pay than himself.. However, this paragraph does not prohibit a voluntary gift of nominal value or donation in a nominal amount made on a special occasion such as marriage, illness, or retirement.
e. An employee shall not accept a gift, present, decoration, or other thing from foreign government unless authorized by the Congress of the Federated States of Micronesia or by its Constitution.
f. This section does not prohibit receipt of bona fide reimbursement, unless prohibited by law, for actual expenses for travel and such other necessary subsistence as is compatible with this part of which no government payment or reimbursement is made. However, an employee may not be reimbursed, and payment may not be made on his behalf, for excessive personal living expenses, gifts, or entertainment nor does it allow an employee to be reimbursed by.a person for travel on official business under government orders when reimbursement is prescribed by-law.
IV.B.2. Outside Work and Interest.
a. Policy. Outside work is permitted. to the extent that it does not prevent an employee from devoting his primary interests, talents, and energies to the accomplishment of his work for the Truk State Government or tend to create a conflict between the private interests of an employee and his official responsibilities. The employee's outside employment shall not reflect discredit on the government.
(1) The term "outside work" means all gainful employment other than the performance of official duties. It includes, but is not limited to self-employment, working for another employer, the management or operation of a private business for profit (including personally owned businesses, partnerships, corporations, and other business entities).
(2) The term "active proprietary management" as used in relation to outside work refers to a business affiliation in which substantial ownership is coupled with responsibility for day to day management effort in making decisions, supervising operations, dealing with the public and otherwise discharging essential tasks in the direction of the business.
(3) A situation which may involve a "conflict of interest" is one in which a Public Service System employee's private interest, usually of an economic nature, conflicts or raises a reasonable question of conflict with his public duties and responsibilities. The potential conflict is of concern whether it is real or only apparent.
c. Restrictions. An employee shall not engage in outside activity not compatible with the full and proper discharge of the duties and responsibilities of his government employment. Any activity involving an incompatibility of interest is prohibited. Any work assignment or employment affiliation which might encourage on the part of members of the general public a reasonable presumption of a conflict of interest falls in this category. Incompatible activities include but are not limited to:
(1) Acceptance of a fee, compensation, gift, payment of expense, or any other thing of monetary value in circumstances in which acceptance may result in, or create appearance of, conflicts of interest.
(2) Outside employment which tends to impair his mental or physical capacity to perform his government duties and responsibilities in an acceptable manner. An employee shall not receive any salary or anything of monetary compensation for his services to the Truk State Government.
d. Among other things, abuse of leave privileges or use of government time, property or equipment to engage in outside work shall be treated as an interference with official performance. Active proprietary management of any except the smallest business is questionable because of the probability that such management responsibilities may interfere with the employee's obligations to his primary. employer, the Truk State Government. Employees are especially urged to seek the advice of their State Personnel officer before committing themselves to such activities.
e. An employee shall not perform outside work.
(1) Which is of such a nature that may be reasonably construed by the public to be the official act of the government.
(2) Which involves the use of government time, facilities, equipment, and supplies of whatever kind.
(3) Which involves the use of official information not available to the public.
f. While an employee is not prohibited from performing general nature as the work he performs for the government, no employee may perform outside work:
(1) If the work is such that he would be expected to do it as a part of his regular duties.
(2) If the work involves active proprietary management of a business closely related to the official work of the employee.
(3) If the work for a private employer is of the same type or closely akin to that involved in the program responsibilities of the office in which he is employed.
(4) If the work would tend to influence the exercise of impartial judgement on any matter coming before the employee in the course of his official duties.
g. This section does not preclude an employee from:
(1) Participation in the activities of national or state political parties not prescribed by law.
(2) Participation in the affairs of, or acceptance of an award for, meritorious public contribution or achievement given by a charitable, religious, professional, social, fraternal, nonprofit educational and recreational, public service or civic organization.
IV.B.3. Financial Interest.
a. An employee shall not:
(1) Have a direct or indirect financial interest that conflicts substantially, or appears to conflict substantially, with his government duties and responsibilities.
(2) Engage in, directly or indirectly, a financial transaction as a result of, or primarily relying on, information obtained through his government employment.
b. This section does not preclude an employee from having financial interest or engage in financial transaction to the same extent as a private citizen not employed by the government, so long as it is not prohibited by law, the Truk District Code, or these regulations.
IV.B.4. Government Property. General Responsibility. Employees shall be held accountable for government property and moneys entrusted to their individual use in connection with their official duties. It is their responsibility to protect and conserve government property and to use it economically and for official purposes only.
IV.B.5. Misuse of Government Vehicles. Employees shall not use or authorize the use of a government owned or leased motor vehicle for other than official purposes.
IV.B.6. Information. It is the policy of the Truk State Government to accord the public access to information about its activities and to make available to the public records of the government except in the cases where the disclosure of the record is prohibited by status or constitutes an invasion of privacy of any individual concerned, or the record is exempt from the disclosure requirements, and sound grounds exist which require application of an applicable exemption. An employee may not testify in any judicial or administrative proceedings concerning matters related to the business of the government without the permission of the Department Director or the Governor, or his designee.
IV.B.7. Indebtedness. An employee should pay each just financial obligation in a proper and timely manner owed to the government. The Truk State Government, and its Department, will not act as a collection agency for private debts owed by its employees. An employee may be subject to disciplinary action if his failure to meet just financial obligations becomes chronic or causes embarrassment for or places undue burden on the government. A decision to take disciplinary action against an employee for these reasons must be taken with full consideration for any extenuating circumstances over which he has no control, such as sickness, accident, or death in the family.
IV.B.8. Gambling, Betting and Lotteries. An employee shall not participate, while on government owned or leased property, except housing facilities, or while on duty for the government, in any gambling activity including the operation or a gambling device, in conducting a lottery or pool, in a game for money or property, or in selling or purchasing a numbers slip or ticket. However, this Sub-section does not preclude activities necessitated by the employee's law enforcement duties.
IV.B.9. Habitual use of intoxicants. An employee who habitually uses intoxicants or narcotics or dangerous drugs is subject to removal. IV.B.10. Specific Types of Conduct.
a. Misconduct. Any criminal, ox dishonest, conduct on the part of a government employee is cause for his removal from the service of the government
b. Negotiations for employment. It is the policy of the Truk State Government that employees shall not, without proper clearance, negotiate for future non-Public Employment System employment with persons or organizations having business with the Truk State for when the employee is called upon officially to render advice. In the event an employee desires to negotiate for such employment, he shall inform his supervisor of his intentions. If the supervisor determines that the proposed negotiations will not adversely affect the government's interests, he may authorize the employee to proceed.
c. Selling or Soliciting. Employees and other persons are prohibited from selling or soliciting for personal gain within any building occupied or used by the government without proper permission. This prohibition does not apply to:
(1) Authorized and installed business activities; e.g., employee credit unions, eating facilities, etc.
(2) Solicitation for fund raising and other similar activities approved by the Governor
(3) Token solicitations for floral remembrances, retirement gifts, and similar purposes.
d. Money Lending. The practice of money lending between or among employees is to be discouraged. Organized financial lending activities by employees, except when officially sponsored by the government such as a Credit Union, is prohibited.
e. Endorsements. Employees are prohibited from endorsing the proprietary products or processes of manufacturers or the services of commercial firms for advertising, publicity, or sales purposes. Use of materials, products, or services by the Truk State Government does not constitute official endorsement, and employees are cautioned not to make statements written or oral, that can be exploited to the advantage of one firm over another.
IV.B.11 Contracts with Employees. Because contracts with its own employees are considered to be against public policy, contracts with employees or business concerns or organizations which are. substantially owned or controlled by employees are not permitted in the Truk State Government except where it is clearly shown that the interest of the Truk State Government is the major consideration to be served thereby.
IV.B.12 Community and Professional Activities. Employees are encouraged to participate in the activities of professional societies, and of civic organizations whose purpose and objectives are not inconsistent with those of the Departments in which they are employed. Affiliation with such groups may be mutually beneficial to the employee and to the Truk State Government; however, such participation must not affect adversely an employee's performance of his regularly assigned duties.
IV.B.13 Records and Testimony. An employee personnel folder shall be always available to the employees and to any government agency, or members of the public having legitimate reasons for access thereto.. However, the TT Manual of Administration Volume I Section 286, Disclosure of Information in Official Personnel Folders, contains the regulation and procedures of the government which served as a guide to the availability of official personnel folders and the information therein.
SUB-PART A. CLASSIFICATION.
V.A.1. General. All positions subject to the provisions of the Truk State Public Service System Law shall be classified in accordance with an approved Truk State Position Classification Plan.
a. Position Classification means the process by which positions in an organization are identified according to their duties and responsibilities, like positions segregated into groups called classes, a specification developed of its duties and qualifications to perform them, and a systematic record made of the classes found and of the particular positions found to be of each class.
b. Class means one position or a group of positions sufficiently similar in respect to their duties, responsibilities, and authority that the same title may be used with clarity to designate each position allocated to the class, the same standard qualifications may be required of all incumbents, the same test of fitness may be used to choose qualified employees, and the same schedule of compensation may be applied with equity under the same or substantially the same employment conditions; and sufficiently dissimilar from any position or any group of positions to warrant exclusion from those groups of positions. The class title assigned to a position in accordance with the Position Classification Plan, shall be the official title and will be used for all personnel, budgetary and financial purposes. In addition, the official title should be used for all position organization charts.
c. Position. Means a specific employment, occupied or vacant, consisting of duties and responsibilities assigned by competent authority for performance by an employee.
d. Position Classification Plan means classes of positions arranged in a logical and systematic order to reflect all of the kinds and levels of work utilized in the Public Service.
e. Management official means a person having authority to make appointments or change in status of an employee in the Public Service, or a delegate of such a person.
f. Allocation means the placement of a position to its appropriate class on the basis of analysis of the duties and responsibilities of the position.
g. Reallocation of a position is its change of one class to a different classes resulting from a gradual accretion or erosion of duties and responsibilities over an extended period of time riot a result of planned management action.
h. Class Specification means an official position classification plan document describing the general characteristics of the class, including the official class title, a description of the scope of duties and responsibilities of the class, examples of work or typical duties performed, and a statement of the qualifications required to perform the work of the class.
i. Occupational Group means a major subdivision of a position classification plan, generally embracing several series of classes of positions in associated or related work specialties, professions, or related activities (e.g., Clerical and Office Machine Operations; Administrative, Management, and Allied; Agriculture and Allied; etc., make up occupational groups).
j. Series of classes means classes closely related as to occupational specialty but differing in level of difficulty and responsibility and qualifications required (e.g., the three classes of Engineering I, Engineer II and Engineer III make up a series.
k. Position Description means a formal, official written statement by management documenting the assignment or arrangement of the duties and responsibilities of a position.
V.A.3. Principles and Policy. The basic principles underlaying the position classification system are:
a. Equal pay for substantially equal work.
b. Varations in pay in proportion to substantial differences in difficulty, responsibility, and qualifications requirements of the work.
The governments' position classification program applies these principles in response to managements' expressed needs and in support of mission accomplishments. Changes in classification shall not be made for the sole purpose of raising or reducing pay, but only to reflect clear and significant changes in duties and responsibilities. Supervisors and managers are expected to organize the work of their organizations and structure the positions so that vacancies can be filled at the lowest level at which qualified applicants can be obtained.
a. State Personnel Officer shall:
(1) Classify positions in the Public Service System.
(2) Provide staff services in all aspects of position classification, including advice to management, assistance to supervisors and employees.
(3) Assure that positions are adequately described and properly classified and that corrective action is taken as needed.
(4) Provide to managers staff assistance in the execution of government's position management program.
(5) Establish and maintain the official position description files for the organization.
b. Management officials and Supervisor are responsible for the following:
(1) The planning, organizing, developing and assigning of duties and responsibilities to positions, whether occupied or vacant;
(2) When making assignments, giving consideration to the mission of the organization and structuring the position for accomplishment of requirements in the most effective and economical manner possible;
(3) Assuring that the current duties and responsibilities assigned to the positions are completely and accurately described in position descriptions in full and sufficient detail for position classification and all related purposes;
(4) Assuring that assigned duties and responsibilities do not duplicate or overlap those of other positions;
(5) Assuring the development, preparation, maintenance, and submission of factual and up-to-date functional statements and organizational position charts which clearly depict such information as assigned organiza tional and/or supervisory responsibility, organizational segment identification, employee names with official class titles and pay levels for the positions to which assigned, the title and pay levels of vacant positions which are funded and approved, and other similar essential details; and
(6) Assisting their employees to whatever extend necessary to accomplish the foregoing and to obtain information from authoritative sources, as necessary to answer specific questions as may be raised- by their employees.
V.A.5. Position Planning. The supervisor is responsible for position planning. He analyzes the work to be accomplished, decides on work or production methods, and determines the requirements for supervision, special technical support, quantitative and qualitative controls, and review and evaluation. A well defined position has clearly defined operation, tasks, duties, authorities, responsibilities, and supervisory relationships.
V.A.6. The effective date-for an initial allocation or reallocation of a position shall be the first pay period following approval of such action by the State Personnel Officer. Exceptions to this rule may be made by the State Personnel Officer only for such reason as will expedite public business and not result in an inequitable situation.
PART V. SUB-PART B. COMPENSATION
V.B.1. General. All positions covered in this Sub-Part shall be compensated in accordance with established Compensation Plan.
V.B.2. Compensation Plan. The classes in the Position Classification Plan, when assigned to appropriate pay levels of the Base Salary Schedule as established by law, and the system of making those assignments shall constitute the basic Compensation Plan.
The State Personnel Officer, shall assign or reassign all classes in the Position Classification Plan to appropriate pay levels in the Base Salary Schedule in accordance with the following:
a. Kind and level of work.
b. Degree of difficulty and responsibility.
c. Kind, quality and level of qualification requirements.
d. Relationship to other classes in its occupational group, and of its occupation group to other occupational groups.
e. Long-range recruitment market experience.
V.B.3. Periodic Review of Compensation Plan. The State Personnel Officer shall periodically conduct necessary and appropriate studies of rates of compensation and compensation practices in all geographic areas from which employees are normally recruited, and shall recommend and transmit amendments to compensation plan to the Governor for his review and approval. Following such review, the Governor shall further transmit it to the Truk Legislature for its consideration and action.
V.B.4. Establishing Salary Upon Appointment.
a. Salary shall be fixed at the first step of the appropriate pay level upon initial appointment. Should a higher rate be deemed necessary to recruit and is appropriate to the qualifications of any qualified applicant, the salary may be fixed by the State Personnel Officer at any succeeding step but not beyond the fifth step which becomes the minimum for that class of position.
b. When a person who was a permanent employee is re-employed after a break in service of one or more days into a position in a class and pay level lower than the highest class and pay level he had previously held, his salary may be set based on the highest previous rate held provided the rate does not exceed the limitation established in V.B.4(a) above. Payment of salary above step 1 of a level must be approved by the State Personnel Officer.
V.B.5 Promotions. An employee who is promoted from a position in one class to an existing position in a higher class shall be compensated at the lowest step in the new pay level which equals at least the amount of a two (2) step increase in the old pay level. The rate of compensation cannot exceed the rate of the maximum step in the higher pay level. The effective date of the promotion shall be the new service base date for within-grade increase purpose for the promoted employee. Retroactive promotions shall not be made except when directed by a decision of the court pursuant to an employee's appeal.
V.B.6 "Acting Assignments." An "acting" assignment is the designation, in writing, that an employee serves in place of a supervisor within the Public Service System. An "acting" assignment shall not be effective for more than ninety (90) days. Whenever the "acting" assignment is required for more than ninety (90) days, a personnel action for temporary promotion may be effected on the beginning of the pay period following completion of the original ninety (90)-day assignment, and must be documented.
V.B.7 Detail. A detail is an assignment of an employee to a written set of duties or to an encumbered position where the incumbent is expected to be absent from the position for a period not to exceed ninety (90) days. In the event a detail to the higher class exceeds (90) days, a temporary promotion may be effected beginning on the first pay period following the completion of the original ninety (90)-day detail, and must be documented.
V.B.8 Temporary Promotions. When an employee is promoted temporarily to a higher class and pay level he shall be compensated at the lowest step of the new pay level, which is at least equivalent to an increase of two steps at his current pay level. If the employee does not meet the qualifications standards of the position to which promoted, the employee may be temporarily promoted to an intermediate grade, if one exists, and he meets the qualifications standards, or if the employee does not meet the qualifications standards of either the target grade or the intermediate grade, he shall be compensated with two (2) steps in his current pay level, but may not exceed the maximum step. Upon return to his former position, he shall be returned to the grade and pay level which he would be receiving had he remained in his former position. The employee must be informed., in advance, in writing, of these conditions and acknowledge his understanding by his signature.
V.B.9. Demotion. An employee-demoted, through no fault of his own, or at his own, or at his own request, to a position in a lower pay level, shall be compensated at the rate which does not exceed his current pay rate. Where his existing rate exceeds the rate of the maximum step of the lower pay level, the employee salary shall not exceed the maximum of the to lower pay level. An employee demoted as a disciplinary measure shall have his compensation reduced to the corresponding step of the lower pay level, and may, with the approval of the State Personnel officer, be compensated at a lower step.
An employee demoted for nondisciplinary reasons, during a new probationary period, to the class of position from which he was promoted, shall be compensated at the pay level and step received immediately prior to his promotion, with time in the higher class credited toward the waiting period for Periodic Step Increases.
V.B.10. Transfer. An employee who is transferred, shall receive no change in compensation. A minimum of two weeks' notice must be given to the losing supervisor or department prior to effecting a transfer.
V.B.11. Effect on Service Anniversary Date. An employee's service anniversary date will not be affected by detail, "acting" assignment, temporary promotion, demotion (other than for disciplinary reasons), or transfer action. A service anniversary date will be changed, however, with the approval of the State Personnel Officer or his designee, to the effective date of a demotion for:disciplinary reasons.
V.B.12. Reallocation of Position. In the rare instances of a reallocation of a position, the employee's pay shall be set at the lowest step in the higher pay level which equals at least one step increase in the lower level position.
V.B.13. Effective Date of Position Changes. The effective date of all position changes shall be the beginning of the first pay period immediately following the official approval of the action. Retroactive effective dates shall not be used except as a result of the court decision which specifically sets an effective date as part of the appeal award.
V.B.14. Within-Grade Increase Eligibility.
a. Within-Grade Increase. An employee may be granted a within grade increase upon completion of the following periods of satisfactory work performance:
Steps Full Periods of Satisfactory Performance
Required Before Within-Grade Increase may be allowed
1 to 2 52 calendar weeks
2 to 3 52 calendar weeks
3 to 4 52 calendar weeks
4 to 5 52 calendar weeks
5 to 6 52 calendar weeks
6 to 7 104 calendar weeks
7 to 8 104 calendar weeks
8 to 9 104 calendar weeks
9 to 10 104 calendar weeks
b. Employees assigned to work part time will be eligible for a within-grade increase only at such time as the cumulative total of all regularly scheduled hours worked equates to a standard work period of 2,080, or 4,160 hours, as appropriate, and such service has been satisfactory. Employees who are employed on an intermittent or limited-term basis are not eligible to receive within-grade increase.
c. Effective date of within-grade step increase shall be the first day of the first pay period following completion of the required waiting period.
d. For all positions, approved leave in a nonpay status (leave without pay -LWOP) not exceeding eighty (80) hours if the waiting period is one year, one hundred sixty (160) hours if the waiting period is two years, is creditable toward the waiting period for a within-grade increase. Leave without pay (LWOP) in excess of the applicable grace period set out herein.
e. Time served in a leave without pay (LWOP) status for purposes of job-related education for training is credited towards within-grade increase, the same as if the employee had been in a pay status for that period of time while on LWOP. However, any portion of the time while on LWOP that is not directly related to the study program, or associated travel via the most direct route, is not creditable toward the waiting period for a within-grade increase. Finally, to be creditable toward the waiting period, the education program in which the employee is enrolled must be clearly and directly applicable to the employee's present position or one to which he may reasonably aspire, and for which he released from full time work status and placed in an approved leave without pay (LWOP) status.
f. A former employee re-employed with a break in service of ten (10) working days or more begins a new waiting period for a within-grade increase. No credit will be given toward the completion of this waiting period for any time served under a former waiting period prior to the break in service.
V.B.15 Disposition of Leave Upon Separation
a. Annual leave An employee separated from the Public Service for any reason shall receive a lump-sum payment for all annual leave accrued and accumulated to his credit at the time of separation.
b. An employee separated from the Public Service for any reason shall have all sick leave accrued to his account held in the leave records for three (3) years. Should the person be re-employed in the Public Service at any time during that period, the sick leave balance shall be recredited to his sick leave account and available for use from the first day of his re employment.
V.B.16 Overtime Compensation and Control
a. An employee shall be paid overtime compensation at one and one-half times the base salary rate or adjusted base salary rate for all overtime when he is directed to work and does work:
(1) In excess of eight (8) hours in one day, or
(2) On the sixth and seventh days of the workweek, provided he has first worked 40 hours at straight time in the same workweek.
(a) Overtime shall be paid under 1 Or 2 immediately above, but not a combination of both.
(b) An employee in pay status during a workday or other than actual time worked must actually work eight (8) hours at his straight time rate on that workday before overtime is payable.
(c) An employee in pay status during the first five days- of the workweek or other-than actual time worked-mus" t work an equivalent number of hours at his straight-time rate on the sixth an/or seventh days of that workweek before overtime is payable.
(d) Any employee who is being paid a standby premium for remaining on call to duty at any time during a regularly-scheduled standby period in excess of a forty (40) hour-work-week shall not be eligible for overtime pay for any work performed while on scheduled standby.
(e) An employee required to work overtime immediately preceding or following his regularly scheduled work hours will be credited with the overtime actually worked. An employee recalled to work after departure from work will be credited with a minimum of two hours overtime. An employee who at his option takes a break between the end of his regularly scheduled work hours and the start of the overtime period will be credited with the overtime hours actually worked.
(b) Control of Overtime. Overtime is scheduled and approved in advance, except in unanticipated emergencies. Overtime must be requested by the immediate supervisor and approved by his superior or the Department Head. Management may direct employees to work overtime in situations where work cannot be accomplished during the regular workday, nor postponed to the following day or days.
c. Approval of Overtime. As a general policy, an employee who has, taken annual or sick leave will not be scheduled to work overtime on the same day, and will be advised that overtime voluntarily performed is not compensable.
d. Supervisors Working Overtime. As a general policy, managers should refrain from directing supervisory personnel to work overtime.
e. Supervision of Overtime Work. In the event that three or more employees are directed to work overtime, a supervisor must be present to ensure proper utilization ` of the overtime period.
f. Flexible Schedule Employees. There are certain employees who are in occupations and professions which do not lend themselves to a standard forty (40) hour workweek. These employees are considered to be on an annual salary and not eligible for overtime. However, every reasonable effort should be made to limit the hours of these employees to forty (40) hours per week.
V.B.17. Use of Nonstandard Workweek. Nonstandard workweeks may be used to provide continuity of service or to fullfill other needs of the public interest. Schedules for nonstandard workweeks shall be devised, in advance, by the manager concerned and approved by the Department Director or Governor. When it becomes necessary to change an employee from a standard workweek to a nonstandard workweek he shall be given notice in writing of at least five work days in advance of the effective date of the change. If an employee is not given the required notice of change in schedule of work, he shall be compensated under the regular overtime provisions until the nonstandard schedule is affected.
V.B. 18. Holidays.
a. Employees shall be paid holiday pay for work performed on the following holidays in accordance with the regulations set forth herein:
New Year's Day January 1
President's Day Third Monday in Feb.
Federated States of Micronesia Day May 10
Memorial Day Fourth Monday in May
Independence Day July 4
Labor Day First Monday in September
Truk State Charter Day September 26
Columbus Day Second Monday in October
United Nations Day October 24
Veteran's Day November 11
Thanksgiving Day Fourth Thursday in November
Christmas Day December 25
b. Payment of work on Holidays.
(1) Any employee required to work on a legal holiday which falls within his regularly-scheduled workweek shall be compensated for the regular 8 hours worked at two times the base salary rate or the adjusted base salary rate when provided, by law, for his position. Any work in excess of eight hours will be compensated at the overtime rate.. Holiday pay for hours of work performed on a legal holiday will not be paid any employee who is paid for the same hours a Standby Differential.
(2) Any employee required to work on a holiday which falls outside his regularly-scheduled workweek, shall be compensated for the hours worked in the same manner as for overtime worked performed on any other day.,
c. Holiday Pay in a nonstandard workweek. When holidays fall on a regular nonwork day for employees whose workweek is other than the standard workweek, the workday immediately preceding or succeeding the holiday shall be designated (as determined administratively) as the holiday in lieu of such holiday which occurs on the employee's scheduled non-work day.
(1) Such employees who have designated holidays in lieu of the official holiday shall be excused from duty on the designated holiday.
(2) Such employees who are required to work on their designated holiday shall receive two times the base salary rate or adjusted base salary rate for work performed on that day. If assigned work extends beyond the scheduled eight hours, the time in excess of eight hours shall be compensated at one-and onehalf times the base salary rate or adjusted base salary rate.
V.B.19. Merit Increases. An employee may additionally be granted a merit increase not to exceed a one step increase in the base salary rate or adjusted base salary rate of pay in any 104 calendar week period for sustained superior performance over such period.. Such additional merit increase will not alter the waiting period required for qualifying for the next within grade step increase. No employee shall be compensated above the maximum step prescribed for his pay level except where he is receiving such compensation pursuant to law. A merit increase is initiated and signed by the employee's supervisor and forwarded to the State Personnel Officer for his review and approval.
V.B.20. Premium Pay.
a. Limitation on Payment of Premiums. No employee-may receive payment for combined differentials of Hazardous work, Hardship Post, Night work, and Standby, in excess of thirty percent (.30.%): of the base salary rate.
b. Hazardous Work Differential. All employees whose occupation involves unusual and extreme hazards to health and safety shall be paid a differential of twenty-five percent (.25%.) of their base salary rate or adjusted base salary rate.
(1) Qualification Criteria.. To qualify for payment of Hazardous-Work Differential, the following conditions of work must be met:
(a) The conditions of unusual and extreme hazards to the employee''s-health and safety must be clearly evident and fully defined.
(b) The hazard, on which a request for payment of such differential might be based, has not previously been recognized in the establishment of the pay level for the class which covers the position (s). and work involved;
(c) Exposure to the particular unusual and extreme hazard must constitute a reasonable amount of time so as to be clearly recognizable. For example, several repeated exposures to such a hazard occur for a brief period of time (e.g., one day) may possibly provide a valid basis for recognition of the hazard. Conversely, clear and sustained exposure to an unusual and extreme hazard is readily more recognizable and measurable.
c. Night Work Differential. Additional compensation in the form of a Night Work Differential of fifteen percent (15%) of base salary rate or adjusted base salary rate is paid for all hours worked between 7 p.m, -and 6 a.m., when such hours are included within a regular scheduled tour of duty.
(1) Control Criteria. To be eligible to receive payment of a Night Work Differential, the following criteria must be met.
(a) Payment will be made only for actual hours worked which fall between the period of 7 p.m. and 6 a.m.
(b) The above is restricted to include only those regularly-scheduled work hours within the specified time period which constitute all or part of the employee's regular hours of duty.
(2) Nonpayment of Night Work Differential. Payment of a Night Work Differential will not be made for the following situations:
(a) An employee whose regular hours of duty include scheduled hours during the period of 7 p.m. to 6 a.m. is absent and does not actually perform work for the hours involved;
(b) An employee required to perform work during the hours. of 7 p.m. and 6 a.m. which is not a part of his regularly-scheduled hours on night work duty; (c). An employee who is paid a Standby Differential for remaining on call to duty at any time during a regularly-scheduled Standby period in excess of a normal forty (40) hour workweek, or an eight (8) hour workday, shall not be eligible for payment of Night Work Differential for any work performed while on scheduled standby.
d. Standby Differential. All employees whose conditions of work or employment involve all of the following criteria shall be entitled to receive a Standby Differential of twenty percent (20%) of base salary or adjusted base salary rate when provided by law, all the following I conditions of work or adjusted base salary rate when provided by law, all the following conditions of work or employment must be met:
(1) The nature of the position or occupation is such that employees are required to remain on call in a standby duty status which must be performed at their designated work station or locations;
(2) Hours of Standby duty must be for a regularly scheduled period of time in excess of a normal forty (40) hour workweek. The minimum scheduled stand by duty hour shall consist of not less than sixteen (16) hours per pay period.
(3) Employees being paid Standby Differential are not eligible to receive Night Differential, Holiday Pay, or Overtime Pay for any work performed while serving a scheduled standby.
(4) Employees assigned to work regularly-scheduled hours of standby duty must be regularly and frequently called upon to perform the assigned duties or services while on standby.
e. Typhoon Emergency Bonus. Employees who are required by the Truk Government to work in a location and during a period of time in which a typhoon or tropical storm emergency has been declared and in which other government employees are released from work as a result of such condition, shall be compensated for the hours 'such employees are required to work while such declaration of emergency shall remain in force, at the rate of two and one-half times the base salary rate, or adjusted base salary rate when provided by law.
f. Premium.pay for Advanced Professional Degree
(1) Any FSM citizen employee who has achieved advanced professional capabilities through obtaining an earned professional degree in law, or earned doctorate in any other field, or an earned degree in professional engineering awarded on completion of a four-year course, from an accredited United States university or any other college or university which is accredited by the competent authority in the jurisdiction where the college or university is located and who is employed in a position having a requirement for such a degree, shall receive, in addition to the base salary, a premium of twenty-four percent (24%) of the base salary for the pay level and step of the position.
g. Relocation Differential. Those employees in the Public Service who have been entitled to a Relocation Differential as provided by former law or regulation, shall cease to receive such differential on the effective date of these regulations. In the event the effective date of these regulations is backdated, those employees who were receiving such a differential at such time, shall not be obligated to pay back.
h. Special Medical Differential. Any FSM citizen employee who is a Medical Officer or Dental Officer and who occupies a position the duties of which are predominantly clinical, as opposed to administrative, in nature, shall continue to receive, in addition to a base salary, a Special Medical Differential of twenty-four percent (24%) of the base salary for the pay level and step of the position until December 31, 1981, at which time such differential shall be terminated. No employee who is receiving as part of his compensation a twenty percent (20%) Standby Differential shall be paid at a base salary rate in excess of $521.28 biweekly.
i. Foreign Service Premium. Any FSM citizen who is a Truk State, Public Service employee, assigned on a permanent change of duty station to work at locations outside the geographic boundaries or administrative control limits of the FSM shall receive, in addition to a base salary, the appropriate Foreign Service Premium for the area to which he is assigned in accordance with the pay level and step of his position. When the location of the foreign assignment is a location other than the United States or United States territory, the employee will receive the percentage of the United States Market Place Differential which foreign nationals recruited from that location receive, or minimum of thirty percent (30%) of base salary, whichever is the higher.
V.B.21. Approval of Requests to Provide Premium Pay or Differentials. All requests to pay premiums (except for overtime, holiday pay, and typhoon emergency bonus) or differentials as defined herein shall be submitted by State Department Directors or Activity Heads on a Request for Personnel Action to the State Personnel Officer for review and approval. The request must be accompanied by a letter of justification addressing each of the criteria required to support the particular premium or differential. Similarly, a request to remove premiums or differentials shall be accompanied by an approved Personnel Action. Removal of differentials or premiums does not constitute a "reduction in pay" and does not require a formal adverse action under Sub-Part III.C.2 of these regulations.
V.B.22. Bar to Dual Compensation or Dual Employment. No employee shall Receive Compensation for two positions or two appointments in the Public Service System. When an employee is engaged in government work other than in his regular position under the provisions of Truk State law, he shall be (1) placed on leave without pay (LWOP).from his regular position, or (2) continue his government salary and reject the salary for the second position, whichever is to his personal advantage. Exception: When an employee is engaged as a Classroom Teacher outside his regular workday to teach Adult Basic Education, he shall be paid at the rate established by regulation. Other exceptions may be made upon proper justification, with the specific written approval of the State Personnel Officer.
V.B.23. Transfer Allowance - Per Diem. When an employee is recruited or transferred beyond normal commuting distances from his place of permanent residence for work elsewhere in Truk State he shall be entitled to: (1) per diem at established rate at the new location; (2) all justifiable expenses connected with travel of himself and his immediate family; (3) transportation of reasonable quantity of household effects to the new work location.
a. Purpose. Payment of Transfer Allowance per diem occurs above and beyond travel per diem in effect during actual travel status up to the day of arrival at the new duty station. Commencing from the day of arrival at the new duty station these funds are provided for the purpose of assisting the employee to effect the transfer without undue economic impact on personal funds or savings.
b. Application of Transfer Allowance. The following schedule provides for payment of Transfer Allowance:
Schedule of Transfer Allowance - Per Diem
Employee Family/Dependent Number of Calendar
(and) Day Per Diem to be paid
Category Status Established Rates
I. Employee with less than three dependents 15
II. Employee with three or more dependents 30
Other Than Moen
I. Employee with less than three dependents 30
II. Employee with three dependents or more 60
c. Controls and Procedures. Payment of the 30 or 60 calender days per diem, as appropriate, will be calculated from the date of the employee's arrival at the new location of assignment. All per diem will be calculated at established rates for the new location. If an employee in Category II (in Moen or other than Moen elects to travel without all of his dependents accompanying him at the time of transfer, he shall be paid in the appropriate Employee Category based on the actual number of dependents who did accompany him. If additional dependents perform subsequent travel and join the employee within one (1) year of the date of arrival at the new location of assignment (and this increases the total number of his dependents so as to justify placement in a higher Employee Category and payment of an additional amount of Transfer Allowance (Per Diem) adjustment and additional payment based on an increased number of dependents joining the employee at a later date than his reporting date, such additional dependents must have been dependents of the employee at that time of Recruitment or Transfer. Adjustment for an increased amount of Transfer Allowance occasioned by additional dependents joining the employee after one (1) year from the date of his arrival at his new location of assignment, will be made only in unusual cases where it can be substantiated that such additional dependents could not have joined the employee earlier because of extreme hardship, health, completion of a school term, or similar reasons which provide clear evidence that earlier travel was prevented.
(1) For the purposes-of this regulation, "dependents" are restricted to include only the following:
(a) dependent father of Employee or Spouse
(b) dependent mother of Employee or Spouse
(c) all unmarried children, under age 21, including step-children as well-as legally adopted children.
(d) all unmarried children, no age restriction, who because of physical or mental incapacity are incapable of supporting themselves.
Travel Authorizations (Form DL-.10.20), prepared by the
State Personnel Office to effect the transfer of Federated States of Micronesia nationals and expatriate personnel, will indicate in Item #18, "Transfer Allowance Authorized." Upon arrival at the duty station, the employee is required to submit a Travel Voucher (SF-1012). This voucher shall include a claim for Transfer Allowance with a statement as follows:
Employee arrived at duty station on:
with the following dependents:
Date of arrival:
*** List dependents by name and birth date as indicated on the Travel Authorization (TA) who actually arrived at the duty station with the employee.
*** Signature of the Department/Activity Head,
as applicable, to indicate verification of information on the travel voucher.
The Travel Voucher is submitted to the State Personnel Office for approval. State Finance office computes the voucher for payment. All calculations for the Travel Allowance will be based on the established per diem rate in effect for the new location as of the date the employee arrived at his location of assignment. When an employee is not accompanied at the time of travel to work assignment by his dependents, he may later file for an increased amount under the conditions of the preceding second paragraph of this Sub-Part C, Controls and Procedures. Travel Vouchers submitted for an increased amount will be identified as a "Supplemental Claim" at the top of the Travel Voucher and submitted in accordance with the procedures outlined above. If necessary, requests for amended Travel Authorizations (TA's) should be directed to the State Personnel Office.
d. The Full Amount of Transfer Allowance According to the schedule of Transfer Allowance is Payable:
(1) On the occasion of initial transfer which, in accordance with the Transportation Employment Agreement, is for a period of two (2) years. This occurs when an employee is recruited from another area or location geographically removed and beyond the normal commuting distance from the location of work assignment.
(2) Each time an employee fulfills at least one (1) full year of the two (2)-year Transportation Agreement, following which the employee is again transferred to a new location of assignment beyond the normal commuting distance from the employee's place of permanent residence.
(3) Payment of Transfer Allowance under (1) or (2) above is made only when the recruitment or transfer action is initiated by the Truk State Government.
e. A Reduced Amount of Transfer Allowance is Payable Under the following Conditions:
An employee subsequently transferred to another new location not his place of permanent residence and beyond the normal commuting distance from it within a period of less than twelve (12) full months following payment of the full amount of Transfer Allowance for a prior transfer as described above under (1) or (2) may be paid a reduced transfer allowance as follows:
(1) Determine the date on which the employee last received the full amount of Transfer Allowance; and
(2) Compute the number of complete months only which have elapsed since (a) above to the present date of a subsequent transfer to determine the fractional portion of Transfer Allowance new payable.,
For Example: Employee was paid full amount of Transfer Allowance as of date of prior transfer on: ...January 10, 1980. Date of subsequent transfer occuring within 12 months... July 20, 1980. Number of complete months elapsed: Six (6)
(3) Determine the appropriate Employee Category based on Family/Dependent Status and Using the Schedule of Transfer Allowance, and ascertain the full number of calendar days per diem payable for a transfer under (1) or (2) above. For Example: Category II Employee with two (2) or more dependents 30 days.
(4) Amount payable for subsequent transfer: 6/12 of 30 days per diem at established rates.
(5) Any case which fits the foregoing situation of a ' subsequent transfer, as defined, will be calculated using the fractional method of computation illustrated above.
f. A transfer Allowance is not Payable. When a person, who for personal and voluntary reasons has left his permanent place of residence, and who subsequently seeks employment at the location where he happens to be, and who then becomes employed at that same location. This situation is considered to be the same as local hire.
The following positions and types of appointments have been determined not covered by the Transfer Allowance provisions:
(1) Special employment of "rotating doctors" employed for short periods of time ranging from two (2) to four (4) months.
(2) All personnel employed on "Local Hire" basis, whether covered by an employment agreement or not. Includes: Micronesian citizens; United States citizens; U.S. Nationals and non-citizen permanent residents of the U.S.; and citizens of any other country.
(3) All positions and appointments of a temporary nature such as:
(a) Temporary ninety (90)-day which may be extended for an additional one-hundred eighty (180) days-not to exceed a total of two-hundred seventy (270) days, to positions created for relief, repair and rehabilitation as a result of a disaster.
(b) Provisional ninety (90)-day appointments which may be extended for an additional ninety (90) days, to positions pending establishment of an eligible list of persons from which selection may be made. In the event a provisional appointee obtains- a probationary appointment and is otherwise qualified, such an individual shall be eligible for Transfer Allowance on the date when probationary status is secured.
(c) Emergency appointments to positions not to exceed ten (10) working days, which may be extended for an additional period not to exceed -twenty (20.) work days, for any temporary serious emergency, in order to prevent the stoppage of essential public service.
V.B.24 Housing Allowance. A Housing Allowance is provided to eligible employees to lease private quarters or housing when Government housing is not available. Such housing allowance shall be in the amount of actual housing and utility costs, as supported by documentation, not to exceed the maximum amounts set forth in Sub-Part V.B.24(b). An employee is not entitled to payment of a Temporary Lodging Allowance at the same time.
a. Eligibility and Control Criteria. To be eligible to receive a Housing Allowance, employees must qualify under one or a combination of the following specified conditions:
(1) Employees who formerly received Temporary Lodging -Allowance (TLA) pending occupancy of Government housing, which did not occur within the period of time to which payment of TLA is limited and such allowance has expired. For these employees,
eligibility for the Housing Allowance will cease as of the day they commence occupancy of Government Housing.
(2) All employees who, by choice, seek to lease and occupy private housing or who reject without valid reasons, as determined, by the State Personnel Officer, and decline to accept the Government housing offered for their occupancy, will be placed at the bottom of the priority list before further consideration for occupancy of Government housing will be given.
(3) No employee who occupies position at a location within normal commuting distance of his permanent place of residence shall be entitled to receive a Housing Allowance.
b. Schedule of Housing Allowance. The following schedule applies to those employees eligible for Housing Allowance:
Employee Family/Dependent Annual Housing
Category Status allowance(maximum)*
I. Employee with no or one dependent $1,200.00
II. Employee with two or more dependents $1,800.00
* The maximum Annual Housing Allowance is payable only where the employee occupies a total housing unit. where an employee (and dependents, if any) occupies a part of the housing unit, the State Personnel Officer shall determine what fraction of the maximum Annual Housing Allowance shall be the maximum for that portion of the unit occupied. A six month- grace period for application of this provision shall be extended to those employees who, at the time of promulgation of this Regulation, occupy less than a total housing unit. Employee who are presently receiving Housing Allowances on the basis of former regulations will continue to receive them. An employee in Category II who elects to transfer without all of his dependents accompanying him at the time of transfer shall be paid in the appropriate Employee Category based on the number of actual dependents who will reside with him at his new duty post. If additional dependents perform travel and join the employee within one (1) year of the date of his arrival at his new location of assignment, and this increases the total number of dependents so as to justify placement in a higher Employee Category and payment, and additional payment will be made. To qualify for additional payment, based on an increased number of dependents joining the employee at a later date than his reporting date, or when he became eligible for Housing Allowance, such additional dependents, who must have been dependents of the employee at the time of Recruitment or Transfer, must join the employee not later than one (1) year after his date of arrival at his new location of assignment. Adjustment for an increased amount of Housing Allowance occasioned by additional dependents joining the employee after one (1) year from the date of his arrival at his new location assignment, will not normally be made except for unusual cases where it can be substantiated that such additional dependents could not have joined the employee earlier because of reasons of extreme hardship, health, completion of a school term, or similar reasons which provide clear evidence that earlier travel was prevented or the employee has legally acquired dependents through marriage and/or adoption., For the purpose of this regulation, "dependents." are defined in accordance with Sub-Part V.B.23. (c)(1).
c. Responsibilities The State Personnel Officer is responsible for the interpretation and application of this regulation throughout the Truk State.
The employee eligible for Housing Allowance is responsible for making formal application to the appropriate Personnel organization and provide required copies of lease agreements,utility expense estimates and~family/dependents status forms. The State Personnel Officer or his designee is responsible to receive, advise and process all applications for new or changed Housing Allowance. A Personnel Action (TT-P-50) or Request for Personnel Action CSF-52), as appropriate, shall be initiated for approval by the Governor. The State Finance office is responsible to assure payment of the Housing Allowance within authorized limits with disbursements prorated and paid on a bi-weekly basis. The Housing Officer is responsible for lease agreements and/or initiating a TT-P-50 or SF-52 to immediately cancel payment of Housing Allowance for an employee who is subsequently placed in Government housing. Such cancellation of Housing Allowance will be effective on the date when the Government housing is made available to the employee. Upon expiration of lease, it should be renewed or the Housing Allowance is terminated.
V.B.25 Temporary Lodging Allowance. A Temporary Lodging Allowance (MA) is provided to employees eligible for Government housing when, upon transfer to a new duty station, such housing is not immediately available.. An employee who is receiving a TLA is not entitled to
receive a Housing Allowance at the same time.
a. Purpose. A Temporary Lodging Allowance (TLA) is designed to provide reimbursement to an employee, which includes all eligible family members who accompany the employee upon transfer to a new duty station, for the reasonable costs for temporary lodging and meals only.
b. Eligibility Criteria. To be eligible for a TLA; the following condition must be met: To be eligible to be paid a TLA, the transfer to a new duty station must be to a location which is not the employee's permanent place of residence nor within normal commuting distance of same.
c. Controls. Payment of a Temporary Lodging Allowance (TLA) commences upon the first day of arrival at a new duty station. Payment of a TLA may not exceed a total of sixty (60) days. Application of a TLA is restricted to cover reasonable costs for temporary lodging and meals only. An employee is required to pay these expenses, as incurred, out of pocket, and the TLA provides reimbursement for such costs. It is mandatory that the employee obtain and provide receipts for all such expenses. Costs for temporary lodging and meals may not be "billed" to a department for later payment; they must be paid for by the employee at the time they are incurred and vouchered, after the fact, to obtain reimbursement. The payment of a TLA stops on the date of occupancy of Government housing or at the end of sixty (60) days, whichever is earlier. When an employee declines to accept, without valid reasons as determined by the Housing Officer, the specific. Government housing offered for occupancy, payment of TLA will cease on that date and be replaced by payment of a Housing Allowance which will remain effective until such time when occupancy of Government housing occurs.
d. Schedule of Temporary Lodging Allowance. The following schedule prescribes the maximum daily amounts of Temporary Lodging Allowance (TLA) which may be paid for the family/ dependent status indicated: Maximum
1. Truk Daily Rate
Employee only $24.00
Each dependent over 11 years of age 24.00
Each dependent up to and including 11 years of age 12.00
NOTE: The above rates are maximum and not guaranteed minimums; all expenses for temporary lodging and for which reimbursement is sought must be supported by bills and receipts. For purpose of this regulation, "dependents' are defined in accordance with Sub-Part V.B.23(c) (1).
e. Responsibilities: The State Personnel Officer is responsible for the interpretation and application of this regulation throughout the Truk State. Supervisors shall be familiar with the provisions of this regulation and advise employees accordingly. Supervisors are responsible for ensuring, before the actual transfer occurs, that an employee is eligible for Government housing and that the availability or date of availability of Government housing has been certified by the Housing Officer. Employees are responsible for initiating a Temporary Lodging -Claim, Form TT-647, supported by a clear accounting in the form of bills or receipts for all temporary lodging and meals costs for which reimbursement is sought. State Finance Office is responsible for the examination and payment of all Temporary Lodging Allowances. The Governor and Department Directors and Staff Officers for Truk State are responsible for approval of Temporary Lodging Allowance Claims prior to State Finance Office's review for payment. All temporary lodging expenses incurred by an employee are chargeable to the account number of the department or office to which assigned. The Housing Officer is responsible for ensuring the timely and accurate reporting concerning all employees and the date when occupancy of Government housing commences (Housing Occupancy Report.) The State Personnel office is responsible for verification of all pertinent Temporary Lodging Allowance information against Micronesian Personnel Actions, TT-P-50's, or Request for Personnel Actions, SF-52's as appropriate, Housing Occupancy Report, assignment or verification of department or office account numbers, and required approvals prior to transmittal to State Finance office for payment,
VI,A.1. Purpose. Leaves of absence from the public service are for the mutual benefit of the employee and his employer. When leaves of absence are granted, they are considered to be for legitimate reasons not detrimental to the public service.
VI.A.2. Kinds. Broadly characterized, leaves of absence are either with pay or without pay.
VI.A.3. Leaves With Pay
a. Annual. Annual leave, or vacation, shall be granted for the purpose of rest and relaxation. The Federated States of Micronesia citizens who have less than three (3) years of creditable service shall earn annual leave at the rate of four (4) hours per pay period; except that newly appointed employees shall undergo a waiting period of ninety (90) calendar days before being credited with annual leave. Employees with more than three (3) but less than fifteen (15) years of creditable service shall earn annual leave at the rate of six (6) hours per pay period. Employees who have fifteen (15) or more years of creditable service shall earn annual leave at the rate of eight (8) hours per pay period. Annual leave requests for more than three (3) work days must be made on a leave request form. All annual leave requests must be approved in advance by the employee's division head upon recommendation of employee's immediate supervisor. In smaller organizations where divisions may not exist, the head of such organizations shall approve annual leave. b. Maximum Accumulation. The maximum accumulation of annual leave for FSM citizen employees shall be three hundred and sixty (360) hours, beginning first pay period of each year. Any excess over such maximum shall be forfeited unless taken before the end of the calendar year in which such excess was'accumulated.
c. Non-Federated State of Micronesia Citizen Employees. Employees who are not citizens of the Federated States of Micronesia and who are employed under Employment Agreement Contracts per Sub-Part III.B. of these Regulations shall earn annual leave at the rate of eight (8) hours per pay period for employees on two year Employment Agreements and six (6) hours per pay period for employees on one year Employment Agreements. Approval of all annual leave requests will be made in the same manner as provided in Sub-Part VI..A.3(a).
d. Sick Leave. All employees of Truk State shall earn sick leave at the rate of four (4) hours per pay period. There shall be no limit to the amount of sick leave which may be accumulated. Illness of more than three (3) days' duration shall require a certificate from qualified medical personnel certifying to the fact of such illness and the treatment being administered. The supervisor may require a certificate for shorter periods when use of such leave is chronic and excessive. The employee's- immediate supervisor is responsible for approving such leave requests. Former employees of the public service who are rehired within three (.3)' years after their termination will be credited with the unused sick leave accumulated during their previous employment.
e. Leave Advance. Where, for good reason, an employee requires additional annual or sick leave, the State Personnel Officer may grant advance leave up to a maximum of one-half (1/2)-_ of the total earnable leave credits for one (a)- year from the date the application is made. Subsequent earnings-shall serve to replace the amount of advance leave granted and taken.,
f. Training and Education Leave. Leaves for the purpose of job-related training and education may be granted permanent FSM citizen employees for a period not to exceed one (1) year, by the State Personnel Officer. The Government may extend this- period. Additional such leave may not be granted the same employee until and unless he performs in his position for at least one (1) year following expiration of the first leave. The period of leave shall not affect the employee's service anniversary date .
g. Compassionate Leave. Permanent FSM citizen and non-citizen employees may be- granted compassionate leave with pay of no more than five (5) work days in cases of death, or imminent death, in the immediate family of the employee. For the purpose of this Sub-Part, the term "immediate family" shall be defined as an employee's mother, father, spouse, immediate offspring (natural or legally adopted), the brother or sister, and grandfather or grandmother. The Governor or Department Director or Staff officer is responsible for approving compassionate leave requests
h. Excused Absence (Administrative Leave). An absence from duty administratively authorized, without loss of pay and without charge to leave, is an excused absence. Such absences are authorized under emergency conditions beyond the control of management (e.g. typhoon), for participation in civic activities in the interest of the Government, or employment-connected examinations. The Governor is responsible for approving excused absence requests.
VI.A.4. Leaves Without Pay.
a. Maternity Leave., Female employees who are permanent employees- may be granted leaves of absence without pay for reasons of maternity for a period of not more than three (3) months., upon completion of such leaves, such employees are entitled to return to their positions with full rights and privileges, except that the period of maternity leave shall serve to change the employee's service anniversary date by the length of time between the effective date of the leave and the date the employee returned to duty.. The employee's immediate supervisor is responsible for approving maternity leave requests.
b. Training and Education-Leave. Permanent FSM citizen employees-who are ineligible for further training or 'education leaves with pay,, as provided for under Sub-Part VI..A.3(f), or who wish to pursue their education on a fulltime basis without financial assistance by the Government may be granted leaves of absence without pay for a period not to exceed one (1) year. Such employees shall have the fight to return to their positions at the conclusion of their education or training, and their services anniversary dates shall be adjusted by the amount of leave without pay taken. The State Personnel Officer is responsible for approving requests for Training and Education Leave,
Annual (Vacation) or Sick Leave Without Pay. With the concurrence of his department director or staff officer, a permanent employee may be granted leave without pay for the purpose of extending his vacation; provided however, that such extension shall not exceed a period of ten (10) work days. Similar extensions may be granted for sick leave purposes; provided however, that the attending physician certifies to the necessity for the extension and the extension does not exceed ninety (90) work days.
VI.A.5 Unauthorized Leave. Unauthorized Leave (Absence Without Leave (AWOL) is absence from duty without appropriate authorization. Employees who are absent from duty without prior approval, except in bona fide emergencies, shall be charged AWOL., Employees on AWOL are subject to disciplinary action and loss of pay.
VI.A.6. Responsibilities. The employee shall be responsible for initiating his request for leave using ,such fD-rms. documentation, and explanatory material as may be required. He shall initiate such request sufficiently in advance, wherever possible, so as to enable management to make the necessary staff adjustments for coverage of the employee's assignments during his absence. Management shall be responsible for reviewing all requests in the light of program needs, replacement services, and legal and policy requirements. In consideration of the foregoing and any other pertinent considerations, management may approve, disapprove, or arrange modifications of leave requests. The State Personnel Office shall be available for advice and assistance and for final decision in cases requiring interpretation of legal requirements and policy. The State Personnel office shall hold itself available for advice and assistance to all state agencies in matters concerning leaves.