KSC, TITLE 18.  PUBLIC SERVICE SYSTEM
 

Chapter 4.  Employee Rights

Section 18.401.  Performance evaluations.
Section 18.402.  Outside employment.
Section 18.403.  Employee associations.
Section 18.404.  Grievances.
Section 18.405.  Leaves of absence.
Section 18.406.  Resignation.
Section 18.407.  Reduction in force.
Section 18.408.  Retirement.
Section 18.409.  Personnel Records.

      Section 18.401.  Performance evaluations.
      The Oversight Board shall develop a system of performance evaluation for the purpose of appraising the productivity of employees in the public service.  Each management official shall rate each employee under his jurisdiction at least once a year.  The Director shall standardize performance evaluation criteria for the same class in various Branches and develop evaluating procedures subject to the approval of the Oversight Board.  The Branch Head shall certify all final evaluations.  A copy of each evaluation shall be given to the employee affected, a copy shall be retained by the Branch Head and the original kept in the Director's personnel files.  The management official shall give written notification to any employee whose performance in his position is substandard.  Performance evaluations shall be used in determining eligibility for retention status in reduction-in-force, promotions, change in duties/reallocation decisions, transfers, change in status (as from probation to permanent, temporary to permanent, etc.) and step increases.

Background
Amended by State Law 6-132 and State Law 7-47.

      Section 18.402.  Outside employment.

     (1)  No employee subject to the provisions of this Title shall engage in any outside employment or other outside activity which is not compatible with the full and proper discharge of the responsibilities of his position or is otherwise prohibited by law.  It shall be deemed incompatible with such discharge of responsibilities for any such employee to accept any fee, compensation, gift, payment of expenses, or any other thing of monetary value in circumstances such that acceptance may result in, or create the appearance of resulting in:

     (a)  use of office for private gain;

     (b)  an undertaking to give preferential treatment to any person;

     (c)  impeding government efficiency or economy;

     (d)  any loss of complete independence or impartiality;

     (e)  the making of a government decision outside official channels; and

     (f)  any adverse effect on the confidence of the public in the integrity of the government.

     (2)  No employee subject to the provisions of this Title shall receive compensation or anything of monetary value, other than to which he is duly entitled from the government, for the performance of any activity during his service as such employee within the scope of his official responsibilities.

      Section 18.403.  Employee associations.
        Employees shall have the right to form associations for the purpose of presenting their views to the government and shall be free from restraint or reprisal in exercising this right.  The government shall give reasonable opportunity to representatives of such associations to present their views.

      Section 18.404.  Grievances.
      The Oversight Board shall publish and enact regulations which prescribe a system for hearing the views of employees on their working conditions, status, pay and related matters, and for hearing and adjudicating grievances of any employee or group of employees.  These regulations shall ensure that employees are free from coercion, discrimination, and reprisals and that they may have representatives of their choice.

Background
Amended by State Law 7-47.

      Section 18.405.  Leaves of absence.
        Branch Heads, or other appropriate management officials, may grant leaves of absence, with or without pay, pursuant to regulations adopted by the Oversight Board.

Background
Repealed and replaced by State Law 7-47.

      Section 18.406.  Resignation.
        Resignations shall be in writing.  If an employee ceases work without explanation for more than 6 consecutive working days, the management official shall file with the Branch Head and the Director a statement showing termination of employment because of abandonment of position.  The management official shall promptly transmit a copy of the statement to the employee by the most practical means.

Background
Amended by State Law 7-47.

      Section 18.407.  Reduction in force.
        The Oversight Board shall develop and promulgate regulations, directives or rules to govern the conditions under which an employee shall be laid off from his position when lack of work or lack of funds make such action necessary.

     In establishing such order of layoff, consideration shall be given, first, to the employee's individual merit, as shown by performance evaluations; second, to his qualifications of education, training and experience; third, to his seniority as measured by total creditable service.

Background
Amended by State Law 7-47.

      Section 18.408.  Retirement.
        An employee is not older than sixty years of age.  Subject to appropriation, an employee who has worked eighteen quarters for the public service and has retired from said employment after reaching fifty-five years of age may be eligible for pension benefits until he reaches sixty years of age.  The Director shall transmit to the Legislature, no later than September 1 of each year, a bill to appropriate the estimated amount of funds to be needed for the upcoming fiscal year, using for their estimate the rate of monthly benefits available to Social Security retirement beneficiaries.

Background
Amended by State Law 7-47.

      Section 18.409.  Personnel Records.
        The official personnel records of all employees, whatever their type of status, shall be maintained in one location with the Director and safeguarded for confidentiality.  The Director shall provide a copy of the personnel records to the Speaker of the Legislature and the Chief Justice of the Kosrae State Court for the employees of their respective branches.  The Director shall provide any employee a copy of their personnel records after a written request has been made.

Background
Added by State Law 7-47.
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