KSC, TITLE 18.  PUBLIC SERVICE SYSTEM
 

Chapter 3.  Hiring and
Promotion of Employees

Section 18.301.  Recruitment and placement.
Section 18.302.  Position classification.
Section 18.303.  Examinations.
Section 18.304.  Eligible lists.
Section 18.305.  Filling of vacancies.
Section 18.306.  Disqualification from appointment.
Section 18.307.  Provisional and short term employment.
Section 18.308.  Probationary service.

      Section 18.301.  Recruitment and placement.
      Except as otherwise provided in this Title, all positions covered by this Title and for which appropriations have been made shall be recruited by advertisement, for the period and by the media which are appropriate in the circumstances.  The advertisement shall include at least the position title, the salary, a brief description of the class, the location of the vacancy or vacancies, the qualification standards required, and the time and place of the examination, if any.  The closing date for filing applications shall be clearly stated.  On applications which are mailed, the date stamp of the post office on the mailing envelope shall be used to determine compliance with the deadline stated in the advertisement.

      Section 18.302.  Position classification.
      The position classification plan shall classify all positions subject to the provisions of the State Public Service System according to their duties and responsibilities and shall be grouped into classes on the basis of their similarities in duties, and responsibilities and desirable qualifications.  In preparing the position classification plan, the Director shall consult with the appropriate Branch Head and/or the management official.  The Oversight Board shall approve and adopt any position classification plan, including any reclassification plans, by unanimous consent.

Background
Repealed and replaced by State Law 7-47.

      Section 18.303.  Examinations.

     (1)  General Character.  There shall be competitive examinations, whenever possible and as determined by the Branch Heads, or as required in the position classification plan, to test the relative fitness of candidates for public service positions covered by this Act.  Examinations may be written, oral, performance or any combination thereof, and shall provide for ascertaining the physical and educational qualifications, experience, knowledge, and skill of applicants and their relative capacity and fitness for the duties of the positions they seek.  All examinations shall be free and, except for promotional examinations, shall be open to all candidates, but with such limitations in regard to health, physical condition, education, training, experience, and other relevant matters as are appropriate to the class for which the examination is given.  All examinations shall be administered by the Director, or such person as he may designate, to administer them.  All persons who have passed an examination may be required to take such physical examination as may be specified by the Director.

     (2)  Promotional Examination.  Examinations may be promotional whenever, in the opinion of the Branch Head, such examinations are practical and for the best advantage of public service.  The Director shall give ample notice of any promotional examination.

     (3)  Open-Competitive Examination.  Examinations shall be open-competitive whenever, in the opinion of the Branch Head, such examinations are practical and for the best advantage of the public service. The Director shall give ample notice of any open-competitive examination.

     (4)  Noncompetitive Examination.  Noncompetitive examinations may be given when, in the opinion of the Branch Head, the class for which the examination is to be given calls for special qualifications which could not practically be evaluated through competition, or when the number of qualified candidates does not exceed the number of vacancies to be filled.

Background
Amended by State Law 7-47.

      Section 18.304.  Eligible lists.

     (1)  General.  The Director shall establish and maintain separate eligible lists for all classes in which vacancies exist or are anticipated.  Eligible lists may be open-competitive, promotional or reemployment registration.  An eligible list may remain active for 1 year, except that the name of a person otherwise eligible may remain on a reemployment list for 3 years.  The active life of an open competitive or promotional list may be extended by the Director if candidates thereon remain available and there are more vacancies to be filled than names on the list.

     (2)  Reemployment Lists.  Whenever any employee who has been performing his duties in a satisfactory manner, as shown by the appropriate records, is laid off or demoted because of lack of work or lack of funds, or has voluntarily accepted a position in a lower class, or whenever such an employee's position has been reclassified to a lower class, he shall have the right to have his name registered on the appropriate reemployment list for a period of 3 years thereafter by filing a written application for registration.  Such application form shall be provided to him at the time of notification of adverse personnel action.  A person on a reemployment list shall be eligible for certification to positions in the class in which he last held permanent status or in a related class, in the same or a lower salary range, for which he meets qualification requirements.

Background
Amended by State Law 7-47.

      Section 18.305.  Filling of vacancies.
       All vacancies and new positions in the public service shall be filled in the following manner:

     (1)  Whenever there is a position to be filled, the management official or supervisor shall ask the Director to submit a list of persons eligible for the position.  The Director shall thereupon certify a list of all eligible applicants in the following order: first, re-employment lists; second, promotional lists, and third, open-competitive lists.  The management official shall make the appointment from the list of eligibles submitted to him unless he finds no person available and acceptable to him on the list, in which case he will ask the Director to certify a new list.

     (2)  A management official may fill a vacant position in his department, office or other agency by promoting any regular employee therein without examination, if the employee meets the minimum class qualifications of the position to which he is to be promoted, and if the position is in the same series as the position held by the employee or is clearly an upward progression in the same career-ladder of positions; provided that a qualified employee who is an FSM citizen and resident of Kosrae State shall be given preference for promotion over a noncitizen, nonresident employee; and provided further, that when there is no material difference between the qualifications of employees holding the same citizenship status, the employee with the longest public service will receive first consideration for promotion.

Background
Amended by State Law 7-47.

      Section 18.306.  Disqualification from appointment.

     (1)  Conviction of a felony shall not be a bar to employment in the public service unless the Branch Head determines that the nature of the felony renders the candidate clearly unsuitable for the position.  A pardon shall operate to remove any bar to employment which would have arisen as a result of the felony for which the pardon was granted.

     (2)  The commission of or the attempt to commit any material deception or fraud in connection with any application or examination shall cause removal and permanent disqualification from appointment in public service, after proper notice and hearing.

      Section 18.307.  Provisional and short term employment.

     (1)  Provisional Appointment.  When there is no eligible person available on a list appropriate for filling a vacancy in a continuing position and the public interest requires that it be filled before eligibles can be certified, the Branch Head may authorize the filling of the vacancy through provisional appointment.  The Branch Head shall communicate to the Director the need for an examination.  The Director shall proceed without delay to announce an examination to fill the vacancy.  The provisional appointment shall be made only to a person who meets the minimum requirements for the position and their appointment may continue only for such period as may be necessary to make an appointment from an eligible list but shall not extend beyond 90 days; provided that the Branch Head may extend the provisional appointment for a maximum of 90 additional days if an examination has failed to secure an eligible person.

     (2)  Emergency Appointment.  To prevent the stoppage of essential public business, management officials may make emergency appointments, not to exceed 10 working days, to fill positions temporarily in any serious emergency when time is insufficient to follow normal appointment procedure.  The Branch Head may, for good and sufficient cause stated in writing by the management official concerned and to the Director, extend the appointment for an additional period not to exceed 20 working days.

     (3)  Qualifications, Provisional and temporary appointees must meet the qualification requirements for the class of the position to be filled.

Background
Amended by State Law 7-47.

      Section 18.308.  Probationary service.

     (1)  Every employee shall successfully serve a probation period before becoming a regular employee.  An employee whose services are unsatisfactory during his probation period may be dismissed from the public service at any time by the responsible management official.  An employee so dismissed shall have no right of appeal; but if the employee so requests, the Branch Head may, in his discretion, request the Director to insert the employee's name on the eligible list or lists for other positions in the same class.

     (2)  A regular employee who is promoted or transferred to another position in the public service shall be required to serve a new probation period in his new position, but he shall be entitled to all rights and privileges of a member of the public service system except the right to appeal in case of removal from the new position, as distinguished from dismissal from the public service.

     (3)  When a provisional or temporary appointee subsequently becomes a probationary employee, the period of service in provisional or temporary status shall be counted toward meeting the probation period required by this Section.

Background
Subsection (1) was amended by State Law 7-47.
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