Title 18

Chapter 1.  General Provisions

Section 18.101.  Short title.
Section 18.102.  Definitions.
Section 18.103.  Merit Principles.
Section 18.104.  Preference to citizens.
Section 18.105.  Tenure.
Section 18.106.  Nondiscrimination.
Section 18.107.  Application and exemptions.
Section 18.108.  Transition.

      Section 18.101.  Short title.
      This Title is known and may be cited as the "State Public Service System Act."

Title 18, Chapters 1-6 added by State Law 6-131.

      Section 18.102.  Definitions.
      In this Title, unless the context requires otherwise, the following definitions shall apply:

     (1)  "Adjusted base salary" means the total of base salary plus market place premiums and foreign service premiums.  If an employee is not entitled to either of these premiums, his adjusted base salary means his base salary.

     (2)  "Base salary" means the specific rate of pay for a given pay level and step as contained within the base salary schedule established by law. Base salary does not include differentials, premiums, or other allowances for night work, transfer, overtime, holiday work, travel per diem, or other similar compensation or reimbursement.

     (3)  "Branch Head" means the head of each of the respective three branches of government: Governor for the Executive, Speaker for the Legislature and Chief Justice for the Judiciary.  For purposes of this Title, . Executive. includes Kosrae State Government agencies, but does not include any authority, publicly financed enterprise or public corporation granted authority to retain and terminate employees upon such terms and conditions as it deems appropriate.

     (4)  "Class" or "class of positions" means a group of positions sufficiently similar so that all can reasonably be identified by the same title, be filled by applying the same qualification standards, and be equitably compensated by the same salary level.  A class may consist of only one position or any greater number of positions.

     (5)  "Director" means the Director of the Department of Administration and Finance.

     (6)  "Eligible list" means a list of persons who have been found qualified for appointment to a position in a particular class.  Such a list may be either reemployment, promotional, or open-competitive.

     (7)  "Eligible person" or "eligible" means a person whose name is on an active eligible list.

     (8)  "Employee" means a person holding a position in the public service, whether permanently or otherwise.

     (9)  "Management official" or "management" means a supervisor of a division, Branch Head or other person authorized to make appointments or changes in status of employees in public service.

     (10)  "Open-competitive examination" means an examination for positions in a particular class, admission to which is not limited to persons employed in the public service.

     (11)  "Open-competitive list" means a list of persons who have been found qualified by open-competitive examination for appointment to a position in a particular class.

     (12)  "Oversight Board" means a three member board consisting of each Branch Head, or their designee, that will create and control policy and promulgate rules and regulations for the Public Service System.

     (13)  "Position" means a group of duties and responsibilities assigned by the respective management official to be performed by one person, working full-time or part-time.  A position may be either occupied or vacant.

     (14)  "Position Classification plan" means the arrangement in a systematic order of the titles of all classes existing in the public service, with a description of each class, as agreed to by the Oversight Board.

     (15)  "Probation Period" means a period of probationary employment status of not less than 6 months nor more than 1 year from the beginning of an employee's service in a particular position or class in the public service.

     (16)  "Promotional examination" means an examination for positions in a particular class, admission to which is limited to regular employees in the public service.

     (17)  "Promotional list" means a list of persons who have been found qualified by a promotional examination for appointment to a position in a particular class.

     (18)  "Public service" means all offices and other positions in the Government of the State of Kosrae not exempted by Section 18.107 of this Chapter.

     (19)  "Reemployment list" means a list of persons who have been regular employees in the public service and who are entitled to have their names certified for appointment to a position in the class in which they last held permanent status, or in a related class in the same or a lower salary range for which they meet the qualification requirements.

     (20)  "Regular employee" or "permanent employee" means an employee who has been appointed to a position in the public service and who has successfully completed a probation period.

Subsections (2) and (3) amended by State Law 6-132.  Section amended by State Law 7-47.

      Section 18.103.  Merit Principles.
      The State Public Service System shall be administered in accordance with the merit principles set forth below:

     (1)  Equal opportunity for all regardless of sex, race, religion, political affiliation, ancestry or place of origin.

     (2)  No discrimination against any person because of a physical handicap unconnected to his ability to perform effectively the duties of the position in which he is employed or in which he is seeking employment; provided that the employment of such physically handicapped person will not be hazardous to him nor endanger the health or safety of others.

     (3)  Impartial selection of the ablest person for public service by means of tests which are fair, objective, practical and the avoidance of family hiring based solely on family status.

     (4)  Just opportunity for competent employees to be promoted within the service.

     (5)  Reasonable job security for competent employees, including the right of appeal from adverse personnel actions as provided in this Title.

     (6)  Systematic classification of all positions through objective job analysis.

     (7)  Fair and reasonable grievance procedures, appropriate to conditions of employment, for all employees.

     (8)  Proper employer-employee relations to achieve a well-trained, productive, and happy work force.

      Section 18.104.  Preference to citizens.
     (1)  Notwithstanding the provisions of Section 103 of this Title, with a view to insuring full participation by FSM citizens and residents of this State in its public service, preference shall be given to qualified FSM citizens and residents of Kosrae State in making appointments and promotions and providing opportunities for training.

      Section 18.105.  Tenure.
      Every regular employee shall be entitled to hold his position during good behavior, subject to suspension, demotion, layoff, or dismissal only as provided in this Title and in any regulations, rules or directives adopted in pursuance thereof; provided, however, that the tenure of a contract employee is the term of his contract.

      Section 18.106.  Nondiscrimination.
      No employee in the public service shall be suspended, demoted, dismissed, laid off, or otherwise discriminated against because of sex, marital status, race, religious or political preference, place of origin, or ancestry.

      Section 18.107.  Application and exemptions.
      The State Public Service System shall apply to all employees and positions in the government of the State of Kosrae now existing or hereafter established and to all personnel services performed for that government except the following, unless this Title or provisions are specifically made applicable to them:

     (1)  Members of the Kosrae State Legislature.

     (2)  The Governor and Lieutenant Governor of Kosrae State.

     (3)  Justices and other judges of the State courts.

     (4)  The Attorney General and Assistant Attorney General.

     (5)  Persons appointed by the Governor with the advice and consent of the Legislature.

     (6)  Court Counsel.

     (7)  The Legislature's Legal Counsel.

     (8) Persons or organizations retained by contract when the Branch Head 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 services to be performed, it would not be practical to obtain personnel to perform such services through normal public service recruitment procedures.

     (9)  Contract employees during life of the contract, except if renewed or amended.   

     (10)  Temporary positions, required in the public interest, for which the need does not exceed 6 months.

     (11)  Positions requiring part-time or intermittent work which does not exceed 60 hours in any calendar month.

     (12)  Positions filled by inmates, patients and students of institutions of Kosrae State.

     (13)  Members of any board, public corporation, commission, or similar body, in their capacity as such.

     (14)  Positions specifically exempted by any other law of Kosrae State.

     Nothing in this Section shall be deemed to affect the public service status of any incumbent as it existed on the effective date of this Title.

Amended by State Law 6-132.

      Section 18.108.  Transition.

     (1)  A regular employee holding a valid position in Kosrae State public service shall be admitted without examination, on or after the effective date of this Act, to a position of the same class or an equivalent class in the State public Service System.  In subsequently computing the seniority of such employee for retention or similar purpose, his time of service in the Kosrae State pubic service prior to the effectiveness of this Act, shall be credited in the same way as if it had been under the State Public Service System.

     (2)  Persons presently under contract of employment for public service are not subject to this Title during the life of such contract.