4.0903         Grievances.

(a)  Filing. Grievances may be filed orally or in writing by any person, at any point of contact within government. If the grievance is misdirected (complaints about another department) the grievant shall be properly directed. The following types of action are typical of those which may be grieved, but is not all-inclusive:

(1)   Performance evaluation;

(2)   Leave (denial);

(3)   Promotion;

(4)   Letters of reprimand;

(5)   Reassignment;

(6)   Increment (denial);

(7)   Hours of work;

(8)   Discrimination or bias;

(b)  Procedure. All departments shall have a 3-part grievance procedure, as follows:

(1)   Each grievance shall be placed in writing, and resolution attempted by the appropriate supervisor at the lowest level.

(2)   Failing resolution, the grievance shall then be elevated to an uninvolved higher level in the department, and the grievant allowed to present testimony in his behalf in an informal hearing. This hearing shall be conducted in accordance with the procedures shown in the Personnel Operations Manual.

(3)   If the recommendation of the hearing officer falls to satisfy the grievant, the case will be forwarded to the director for final decision. If the case is carried beyond this point by the grievant, it must be as an appeal to the board.

(c)   Exception. In cases involving suspension, demotion, or dismissal of a career’ service employee, no grievance is filed. Since only the director may serve written notice of such actions, the only appropriate and allowable employee response is an appeal to the board.

History: Rule 10-81. eff 29 Jul 81, § 9.3.

4.0904         Administrative Review.

The director has responsibility for the recruitment, examination and certification of eligibles, and for the proper classification of positions to titles, grades and pay. Any person who believes his application to have been improperly evaluated and/or any employee who believes his position to have been improperly evaluated, may request in writing that the director review his case.

(a)   The request must indicate the person’s basis for his belief that his application, or his position were improperly evaluated.

(b)   The request, to be acceptable, must be filed within 10 calendar days of the official notice to the employee.

(c)   The director shall review the case and notify the person, in writing, of the findings upon review.

(d)   If still dissatisfied, the person may file appeal, following the procedures outlined in 4.0902.

History: Rule 10-81, eff 29 Jul 81. § 9.4.

​

Title 4 - Chapter 10 – Contract Specialists

Sections:

4.1001         When Hiring Permitted-Employment Agreement.

4.1002         Assignment-Recruitment- Selection.

4.1003         Compensation-Absence with Pay-Review and Reclassification. 

4.1004         Transportation.

4.1005         Annual Leave-Sick Leave. 

4.1006         Medical Benefits. 

4.1007         Termination for Cause. 

4.1008         Resignation-Termination Without Cause.

4.1009         Renewal of Contract.

4.1010         Employment After Term of Contract.

4.1011         Conduct-Reassignment-Career Service Eligibility-Self-Employment.

4.1012        Grievances-Striking Prohibited.

4.1013        Training.

4.1014         Work-Product Ownership-Discoveries and Documents.

4.1015         Dependents Defined-Family Status Reports.

4.1016         Immigration Status-Departure Upon Termination.

​

4.1001         When Hiring Permitted-Employment Agreement.

When there are no qualified eligibles available for a given position, excepted appointments of qualified eligibles residing outside of American Samoa may be made by contract. The terms of a contract specialist’s employment are specified in the employment agreement he signs with the government.

History: Rule 10-81. eff 29 Jul 81. § 10.1.

4.1002         Assignment-Recruitment-Selection.

The following are rules concerning contract specialists which are not contained in the standard contracts, or which require amplification:

(a)   Assignment of Duties. While the contract specialist is designated to serve in the position for which he signs, the needs of the government will determine other assignments and specific designations.

(b)   Recruitment Policy.

(1)   Positions must be advertised locally prior to off-island, except that where the shortage of qualified eligibles is known in advance, recruitment may be performed simultaneously. 

(2)   Off-island recruitment efforts conducted by department heads must be coordinated with the office of manpower resources.

(c)   Selection Policy. Selection for contract positions must be made solely based upon fitness and merit, without regard to race, color, sex, age, religion, national origin, or politics.

(d)   Medical Examination. All selectees and their accompanying dependents shall be required to provide evidence of good health as shown by preemployment physical examinations, the reports of which shall be evaluated by the director, department of health.

(e)   Verification of Qualifications. Acceptance by the director of verifications of the candidate’s claimed qualifications and references, and any reports of interviews of candidates and married candidate’s spouses, is required.

History: Rule 10-81, eff 29 Ju1 81, § 10.2.

4.1003         Compensation-Absence with Pay- Review and Reclassification.

(a)   Compensation for positions filled by contract shall be in accordance with established ASG salary rates based on the salary rates of the career service. Base salaries shall be taken from the appropriate ASG salary schedule and the rules, concerning same. A contract specialist employee whose employment agreement is on a 10-month basis shall have his annual salary prorated over 12 months of each calendar year of employment.

(b)   Contract specialists are not entitled to overtime compensation.

(c)   Contract specialists may be granted absence from duty with pay on those holidays recognized by the federal government and/or the ASG.

(d)   If substantial changes are contemplated in the duties and responsibilities assigned to a contract specialist during the life of his agreement, the department involved may request a review of the contract position and reclassification by the office of manpower resources.

(1)   If the change is to a vacant position which is not under the supervision of the employee’s hiring agency then the hiring agency head will be made a party to the agreement and he will also sign the amendment form and personnel/payroll action request which authorizes the interagency position change.

(2)   If a change of position involves a change of grade and salary, then a lump sum accumulated leave payment will be made to the employee at the salary rate in effect at the conclusion of his unamended term of service. The employee will begin to accumulate annual leave at the adjusted salary rate, commencing with the effective date of the contract amendment.

(e)  During the tenure of the contract, the contract specialist shall receive step increments as detailed in 4.0409.

History: Rule 10-81, eff 29 Jul 81, § 10.3.

4.1004         Transportation.

(a)  Entitlement at Hiring and Separation. The government will furnish transportation for the contract specialist and his dependents, his household goods and professional materials from his permanent residence to American Samoa. If the contract specialist has fully performed the terms and conditions of his agreement in a manner satisfactory to the government, the government will furnish transportation for the contract specialist, his dependents, his household goods and professional materials to his place of residence from American Samoa.

(1)   The contract specialist and his dependents are authorized economy, jet air travel accommodations between the point of hire and American Samoa. Unless specifically authorized on the travel authorization, additional cost for superior accommodations or excess baggage shall be borne by the contract specialist.

(2)   When a vacant contract specialist position is filled by a qualified nonresident candidate who is temporarily residing in American Samoa, no provision will be made by the government for his travel or shipment of household goods to the territory. The government will contract to return him and his dependents to his preagreed permanent residence at the satisfactory conclusion of his employment.

(3)   Non-government furnished transportation expenses (private yacht, aircraft) incurred by a contract specialist and his dependents by travel to American Samoa to report to duty may be reimbursed to him in amounts not to exceed that authorized for one-way, economy jet air fare as stipulated by ASG travel rules. The request for reimbursement must be supported by receipts or other evidence of payment.

(4)   The transportation expenses mentioned in his employment agreement shall constitute the measure of damages for a breach of his agreement by the contract specialist.

(b)   Remaining After Contract. If the contract specialist, with immigration approval, elects to remain in American Samoa upon completion of his contract, the government’s obligation for return transportation and household shipment shall be forfeited.

(c)   Property Allowed and Prohibited. The weight allowance for the shipment of household effects is limited to that personal property essential to the comfort and convenience of the contract specialist and his dependents which may be transported legally in interstate commerce. It includes household furnishings, equipment and appliances, furniture, clothing, books, and similar property. Household effects do not include property which is for resale or disposal rather than for use by the contract specialist or members of his immediate family, nor does it include such items as motor vehicles, airplanes, trailers, boats, pets, livestock, cordwood, building materials, property belonging to persons other than the contract specialist and his immediate family, or any property intended for use in conducting a business or other commercial enterprise.

(1)   The firearms laws in the United States differ from territorial legal restrictions. Weapons and ammunition of any kind are prohibited, including air guns, without prior licensing and registration.

(2)   The only domestic pets which may be brought into the territory are dogs and cats from the mainland U.S., Hawaii, Guam, Trust Territory of the Pacific Islands, Australia, and New Zealand. Animals from the mainland, Guam, and T.T.P.I. must be quarantined for 120 days in Hawaii. The extensive rules pertaining to this matter are available from the department of agriculture; some are codified at 24.03 of this code.

(3)   The importation, production, and use of hallucinogens and potentially harmful drugs are strictly prohibited and punishable by law.

(d)  Cash Payment. In lieu of authorized weight allowances for overland and ocean shipments, cash payments in accordance with the following schedule will be made to contract employees for those shipments for the purpose of effecting savings to the government:

Special arrangements will be separately negotiated for contract employees not residing in the U.S. Any portion of a cash payment from this schedule that is not applied to the cost of household/professional effects shipment inures to the benefit of the employee. Employees will be issued cash reimbursements from the schedule upon arrival in the territory. Any exception for newly hired employees resulting in the issuance of a letter of credit to the selected shipping agency may be made only by the treasurer or higher authority.

(1)   Standard insurance coverage that is provided by the packer and shipper is based upon net weight only. If the contract specialist wishes to insure on the basis of value, he must acquire additional insurance at his own expense.

(2)   Customs rules applicable to the shipment of household effects must be observed for all travel. The contract specialist is responsible for compliance with the appropriate rules. Except for extenuating circumstances, he is liable for additional charges imposed by customs or port authorities.

(e)  Doctors and Dentists. Exceptions have been made to this policy for the department of health as a result of doctors and dentists having been placed in a worldwide shortage category by the Federal Civil Service Commission.

(1)   A contract specialist physician or dentist is authorized a net weight allowance to be placed into and maintained as insured storage at government expense and an additional cash payment for 1,000 pounds of estimated weight from the schedule shown in subsection (d) of this section for professional materials. The maximum total of the estimated weight allowances, including that for storage, may not exceed 11,000 pounds. Government liability for stored material is limited to the storage handling, maintenance, and insurance charges only and not to loss or damage. The stated government liability will expire 30 days after the termination date of the contract specialist physician’s or dentist’s employment agreement.

(f)   Renewal Benefits. If the contract specialist’s employment agreement is renewed:

(1)   a renewal bonus of $l,000 will be paid for 2 years’ renewal on the first pay period following the effective date of the new contract.

(2)   Round-trip, economy jet air transportation is authorized for himself and his dependents.

(A) A contract specialist who renews his contract may be authorized round-trip transportation to a point other than his original point of hire; however, the government will only pay up to as much as the cost of economy jet transportation directly to his original point of hire. The contract specialist is required to pay for any extra travel charges in excess of his allowance.

(B) If the contract specialist’s selected travel routing is at less cost than that to the original point of hire, the contract specialist is not entitled to the difference.

(C) All travel purchased by the contract specialist with the travel authorization must be used on the same trip. For example, if a renewing contract specialist is authorized round-trip fare to San Francisco and decides to go only as far as Hawaii and return, he has exhausted all travel authorized by his travel authorization form. He may not, at some future date, use the difference in fare to obtain further travel.

(g)  Completion-of-contract Entitlement. If the contract specialist satisfactorily fulfills the conditions of his employment agreement, he and his dependents are entitled to:

(1)   one-way, economy jet air transportation to his permanent residence;

(2)   unaccompanied air freight allowance if provided by the original, travel authorization;

(3)   ocean freight shipment allowance for household effects as provided by the original travel authorization;

(4)   additional ocean freight shipment allowance for professional materials as provided by original travel authorizations.

History: Rule 10-41, eff 29 Jul 81, § 10.4.

4.1005         Annual Leave-Sick Leave.

(a)  A contract specialist whose employment agreement is on a 12-month basis shall accrue annual leave at the rate of I working day for each full biweekly pay period during the tenure of his agreement; regardless of the amount of time worked during each pay period, except for periods of leave without pay.

(1)   Provided that he is fulfilling all of the terms and conditions of his agreement in a manner satisfactory to the government and, if the government determines that his services can be spared, he may be granted leave upon his request at any time. 

(2)   He may be administratively required by the government to take leave at any time.

(3)   At the expiration of his agreement, the contract specialist will be paid in a lump sum for a maximum of 60 days of unused, accumulated annual leave, computed at the salary then in effect.

(4)   Only if it is for the convenience of the government, the contract specialist may elect to apply accumulated annual leave in total or in part in lieu of lump sum payment to an equivalent number of days’ absence immediately preceding and extending to the expiration date of his agreement. He will not, however, be entitled to accrue annual leave while on terminal leave.

(b)   A contract specialist whose employment agreement is on a 10-month basis shall not accrue annual leave but shall not be required to work during the school vacation period as designated by the department of education and the community college.

(c)   The contract specialist shall accrue sick leave with pay at the rate of 1-half day per full biweekly pay period and may be allowed such additional sick leave without pay as the government at its discretion may deem necessary.

History: Rule 10-81, eff 29 Jul 81, § 10.5.

4.1006         Medical Benefits.

(a)  The contract specialist and his dependents will be entitled to medical and dental services in American Samoa to be furnished by the government. Such services may be subject to a nominal service charge to be paid by the contract specialist. Medical services shall be within the limits of the government’s personnel, supplies, and facilities available from time to time in American Samoa. The contract specialist and his dependents will also be entitled to off-island medical care to the same extent furnished from time to time to American Samoans by the government; provided, that the contract specialist will be required to use and apply entitlement to hospital, medical and dental care benefits which he may have as a veteran of the armed forces or as a participant under any other program or insurance plan; and provided further that return travel of the discharged patient, or an authorized accompanying family member, will not be provided should it be determined, in the judgment of the director, department of health, that due to the health of the contract specialist or the dependent, the contract specialist should not remain in American Samoa, in which event the entitlements upon normal expiration of the term of service will be provided.

History: Rule 10-81 eff 29 Jul 81, § 10.6; and Rule 14-83, eff 14 Aug 83, § 1.

4.1007         Termination for Cause.

The government may discharge the contract specialist and terminate his employment agreement for cause, including dereliction or unsatisfactory performance of duty or misrepresentation or conviction of any criminal offense. Pending a hearing and final determination, the contract specialist may be suspended without pay or other benefits.

(1)   Removal shall be recommended to the director, office of manpower resources, by the employee’s agency head in writing, supported by a written account of the circumstances and events underlying the recommendation.

(2)   Upon receipt of the written justification recommending the removal of an employee, the director shall give careful consideration to such recommendation and all background information of record. In this connection, the director is expected to consult with the ASG official concerned.

(3)   The director, if he considers the recommendation to be reasonable, shall advise the employee in writing of:

(A) the charges brought against him;

(B)  the fact and effective date of his suspension without pay.

History: Rule 10-81, eff 29 Jul 8l,§ 10.7.

4.1008         Resignation-Termination Without Cause.

(a)   If the health of the contract specialist or that of any of his dependents, through no fault of his own, becomes so impaired that, in the judgment of the director of health, he should not remain in American Samoa, he may resign and receive the full benefits accorded to a contract specialist whose employment agreement has been satisfactorily fulfilled. The government will not be liable for the return travel of the contract specialist, his dependents, household goods, and personal effects if his physical disability is a direct result at excessive and nonprescribed use of alcohol or harmful drugs.

(b)   If an unforeseen personal emergency should arise which requires the immediate presence of the contract specialist outside of American Samoa and such emergency is verified to the satisfaction of the government by the American Red Cross or other appropriate agency, the contract specialist may resign and be entitled to the full benefits to which he would have been entitled upon normal expiration of the term of service under his employment agreement.

(c)   Should the contract specialist breach his agreement by resignation from his employment with the government prior to the end of the contracted tenure (or during the first half of his term of service), he shall forfeit all rights to transportation for himself his dependents and their personal effects and household goods and shall be obligated to repay to the government such expenses as it may have incurred or paid to him on this account in connection with his term of service.

Should the contract specialist’s resignation from his obligations to his agreement occur after 1 year’s contracted tenure (or during the second half at his term of service), he shall forfeit all rights to transportation for himself, his dependents, and his and their personal effects and household goods but shall not be obligated to repay to the government such expenses as it may have incurred or paid to him on this account in connection with his term of service.

(d)   Upon 30 days’ notice to the employee, the government may terminate his employment agreement at the discretion of the government without recourse on the part of the employee. In the case of termination of employment as provided in this subsection, the employee shall be entitled to transportation, subsistence, and other benefits to which he would be entitled upon normal expiration of the term of service under his agreement.

History: Rule 10-81, eff 29 Jul 81. § 10.8.

4.1009         Renewal of Contract.

(a)   Contract renewal is the prerogative of the government and is based solely upon need and performance of a contract specialist as determined by the government and is contingent upon approval of the contract specialist’s continued employment by the director.

(b)   A contract specialist must address his request for contract renewal in writing to the director, office of manpower resources not less than 90 calendar days prior to the expiration date of his current agreement.

(c)   Renewal of a contract for a 1-year period will be limited to 1 renewal unless prior approval is obtained in writing from’ the director, office of manpower resources.

History: Rule 10-41, eff 29 Jul 81. § 10.9.

4.1010        Employment After Term of Contract.

If employment of the contract specialist continues beyond the term of service specified in his agreement without the execution of a new agreement, such employment shall be deemed to be at will and may be terminated by either party on reasonable notice to the other. All of the terms and conditions of his agreement, except those pertaining to termination for cause, shall continue in effect during such extended period of employment.

 History: Rule 10-81, eff 29 Jul 81. § 10.10.

4.1011        Conduct-Reassignment-Career Service Eligibility-Self-employment.

(a)   Contract specialists are expected to conduct themselves both on and off-the-job as employees of ASG. Rules regarding outside work, conflict of interest, and political activities published in the A.S.C.A., and elsewhere in this title apply equally to contract employees.

(b)   A contract specialist is precluded by and for the duration of his contracted term of service from competing for other vacant positions with the ASG. He may, however, request reassignment to a vacant position and his request may be granted at the discretion of his agency head and the selecting authority when to do so is in the interest of the government.

(c)   At the expiration of a contract, every effort shall be made to fill the contract position in the career service. If a position which has been filled by contract can be filled within the career service, the incumbent of that position can compete for the position on a career service basis if he is entitled to permanent residency in American Samoa or if his/her spouse is entitled to permanent residency.

(d)   Contract specialists shall not engage in self-employment in American Samoa, either directly or indirectly, in any form whatsoever, during the terms of their agreements.

History: Rule 10-81, eff 29 Jul 81, § 10.11.

4.1012         Grievances-Striking Prohibited.

(a)   Contract specialist grievances shall be processed the same as those made by other employees. In case of an alleged violation of the contract specialist’s agreement, his continued employment shall not be deemed a waiver by either party of his claim. The government consents to be sued on account of any matter of dispute arising over his agreement but only in the High Court of American Samoa.

(b)   The contract specialist agrees by contract not to participate in any strike against the government or any of its agencies during his term of service.

History: Rule 10-81. eff 29 Jul 81, § 10.12.

4.1013        Training.

Nominations for the training of contract specialists shall be submitted by his immediate supervisor to the director of manpower resources who shall retain discretion for its approval or disapproval. No contract specialist shall be recommended for training to gain skills or knowledge which he might reasonably be expected to possess in order to have been selected for his position.

History: Rule l0-8l,eff 29 Jul 8l, § 10.13.

4.1014        Work-Product Ownership-Discoveries a¬nd Documents.

Any and all inventions, improvements, discoveries, documents, reports, memoranda, and data developed by the contract specialist relating to his position with the government will be the sole and absolute property of the government, and the government will be the sole and absolute owner of all patents, copyrights, or other rights in connection therewith.

History: Rule 10-81. eff 29 Jul 81, §10.14.

4.1015        Dependents Defined-Family Status Reports.

Dependents, as defined, shall be interpreted to mean the spouse and minor dependent children of the contract specialist, who are identified as such at the time his agreement is executed and who will reside with him at American Samoa for at least one year of the term of his agreement. It is the responsibility of the contract specialist to make known to the office of manpower resources changes in his family status as they occur.

History: Rule 10-81. eff 29 Jul 81. § 10.15.

4.1016        Immigration Status-Departure Upon Termination.

(a)   A contract specialist, by virtue of his employment with the government, obtains residency status within the territory for the duration of his agreement or term of service. In the event of the termination of his agreement for any reason whatsoever, the contract specialist contractually agrees to depart from the territory within 30 days from the termination date.

(b)   Contract specialists who are not United States citizens must register annually as alien residents’ with the immigration division of the department of legal affairs.

History: Rule 10-81, eff 29 Jul 81, § 10.16.

​

Title 4 - Chapter 11 – Equal Opportunity-Affirmative Action

Sections:

4.1101         Policy Generally-American Samoan Preference.

4.1102         Affirmative Action Conformance to Federal Provisions.

4.1103         Enforcement Responsibility-Staff, Subcontractor, Contracting Agency Compliance.

4.1104         Compliance Officer.

4.1105         EEO coordinators-Publicity.

4.1106         Contract-Seeker Compliance-Third Parties-Monitoring.

4.1107         Grievances-Appeals.

4.1108         Equal Employment Opportunity Affirmative Action Plan.

Appendix A

4.1101        Policy Generally-American Samoan Preference.

(a)   It is the policy of the ASG to provide and promote equal opportunity in employment to people without discrimination because of race, creed, color, sex, religion, national origin, age, handicaps, marital status, political affiliation, or other non-merit consideration.

(b)   Pursuant to 7.0204(b) A.S.C.A., and as an integral, part of the equal employment opportunity policy, the government shall employ residents of American Samoa who are American Samoans or United States nationals, and shall employ other persons only when no American Samoans or United States nationals who meet the minimum qualifications for a particular class or work can be found. The Executive Branch initiates this policy in recognition that:

(1)   it is necessary to identify and deal with discrimination and obstacles to equal employment opportunity, intended or unintended;

(2)   well-conceived, planned, and realistic actions are necessary to provide for achieving true equality of opportunity;

(3)   these actions must be aggressively pursued;

(4)   an effective periodic self-evaluation is needed to ascertain whether predetermined goals are being met; and

(5)   this evaluation will result in updating the action plan as necessary, to meet changing needs and to effectively resolve problems.

History: Rule 10-81, eff 29 Jul 81, § 11.1.

4.1102        Affirmative Action Conformance to Federal Provisions.

An affirmative action plan has been prepared for use by ASG in its efforts to provide equity in employment to women, minors, and other victims of discrimination. This EEO-AA plan is intended to conform to federal requirements of Title VI of the Civil Rights Act of 1964, § 808 of the Civil Rights Act of 1968, Executive Orders 11063, 11246, and 11375, § 109 of the HUD Act of 1974 and § 3 of the HUD Act of 1968.

History: Rule l0-81, eff 29 Jul 81,§ 11.2(a).

4.1103        Enforcement Responsibility-Staff, Subcontractor, Contracting Agency Compliance.

(a)   The responsibility arid authority for the enforcement of this policy pertaining to the ASG Affirmative Action Plan and its goals are vested in the director, office of manpower resources, ASG, who will be responsible for the implementation, administration, and compliance of the EEO policies and AA plan, and will directly supervise the ASG EEO compliance officer.

(b)   All staff, subcontractors, and all contracting agencies utilizing federal funds administered by ASG are required to comply with this policy with reference to recruitment, hiring, training, and compensation.

 History: Rule 10-81, eff 29 Jul 81, § 11.2(b).

4.1104         Compliance Officer.

An EEO compliance officer (EEOCO) shall be appointed within the office of manpower resources and will have the responsibility of promoting, coordinating and monitoring this plan. The duties and responsibilities of the EEOCO are as follows:

(a)   Following the policy statement and Affirmative Action Plan, providing an effective procedure to communicate EEO procedures;

(b)   Acting as the focal point for all EEO activities, particularly in the development and implementation of the ASG Affirmative Action Plan;

(c)   Providing continuous assistance to management in collection and analysis of employment data, identifying problem areas, setting goals and timetables, and developing programs to achieve goals. Following through on programs to assure set goals are accomplished on time;

(d)   Consulting with and advising all ASG agencies on matters pertaining to the administration of the EEO policies;

(e)   Working with schools, women’s groups, and organizations to encourage entrance of women into employment training programs, and assisting in development of new training resources for women;

(f)   Submitting to the director of manpower resources quarterly progress reports pertaining to the EEO program;

(g)   Assisting ASG administrators and contractors in preparing effective programs criteria, compiling and disseminating public information for the Governor and his department/agency heads, implementing equal-employment opportunity policies and open-occupancy statements, directing preparation of related correspondence including recommendations on EEO, investigating formal and informal complaints of alleged discrimination by parties to agreements and recommending procedures to ensure compliance with all ASG contract provisions which promote equal opportunity objectives, and attending pre-award and preoccupancy conferences;

(h)   implementing a system for receiving and investigating complaints and/or grievances of discrimination in accordance with EEO rules;

(i)    Investigating formal and informal complaints of alleged discrimination and contract noncompliance, and implementing procedures to resolve each case;

(j)    Participating in programs and conferences regarding fair and equal opportunity practices and assisting in servicing the Affirmative Action Plan.

(k)   Establishing and maintaining contact as the ASG primary working liaison and representative with the community and all public agencies’ contracting groups with regard to equal employment policies and opportunities;

(l)    Requiring that all affirmative action plans submitted by subcontractors or proposed subcontractors are in line with ASG’s affirmative action requirements for employment for American Samoan and United States nationals as mentioned in 4.1101.

(m) Submitting to the director, manpower resources, reports on the progress of ASG in achieving established goals and making necessary recommendations for additional efforts in accomplishing goals of the affirmative action program.

History: Rule 10-81, eff 29 Jul 81, § 11.2(c).

4.1105        EEO Coordinators-Publicity.

ASG’s EEO policy and Affirmative Action Plan will require an overall understanding of each department/agency head about his or her role in meeting ASG goals and objectives. Each department/agency head shall appoint an EEO coordinator. Every effort will be directed in educating ASG, contractor, and subcontractor personnel to clarify their understanding and responsibilities for carrying out EEO policy and the Affirmative Action Plan as a basic part of their jobs.

History: Rule 10-81, eff 29 Jul 81, § 11.2(d).

4.1106        Contract-Seeker Compliance-Third Parties-Monitoring.

All nonfederal or non-federally assisted projects, contractors, subcontractors, developers, consultants, appraisers, and other technical specialists will be informed by ASG that anyone seeking a contract with ASG must undertake a program of equal employment opportunity. Any company or individual discriminating in his/her employment practices on the basis of race, creed, color, religion, sex, or national origin will not be eligible for contracts with ASG. It will be the responsibility of the EEOCO to monitor these procedures and activities for compliance, and to undertake any necessary corrective measures. The actions and guidelines contained in this policy shall be applicable also to all third parties involved in the project.

History: Rule 10-81, eff 29 Jul 81, § 11.2(e).

4.1107        Grievances-Appeals.

Grievances and appeals resulting from the implementation of this plan shall be handled in accordance with the procedures outlined in Chapter 09 of the ASG Personnel Administration Regulations.  

History: Rule 10-81, eff 29 Jul 81, § 11.2(1).

4.1108        Equal Employment Opportunity Affirmative Action Plan.

(a)   The rule codified in this section is issued under the authority of Section 6 of Article IV of the Revised Constitution of American Samoa.

(b)   It is the policy of the ASO to provide and promote equal opportunity in employment to people without discrimination because of race, creed, color, sex, religion, national origin, age, handicaps, marital status, political affiliation, or other nonmerit consideration.

(c)   This policy shall be implemented in accordance with the Equal Employment Opportunity Affirmative Action Plan, attached to this chapter as Appendix A and incorporated in full, by reference, herein.

History: Rule 11-81 eff. Ord. 7-1980, eff 20 Nov 80, §§ 1,2,3.

APPENDIX A

EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION PLAN

POLICY STATEMENT

It is the policy of the ASG to provide and promote equal opportunity in employment to people without discrimination because of race, creed, color, sex, religion, national origin, age, handicaps, marital status, political affiliation, or other nonmerit consideration.

Pursuant to 7.0205(b) A.S.C.A., and as an integral part of the Equal Employment Opportunity policy, the government shall employ residents of American Samoa who are American Samoans or United States nationals, and shall employ other persons only when no American Samoans or United States nationals who meet the minimum qualifications for a particular class of work can be found.

The Executive Branch initiates this policy in recognition that:

(1)   it is necessary to identify and deal with discrimination and obstacles to equal employment opportunity, intended or unintended;

(2)   well-conceived, planned and realistic actions are necessary to provide for achieving true equality of opportunity;

(3)   these actions must be aggressively pursued;

(4)   an effective periodic self-evaluation is needed to ascertain whether pre-determined goals are being met, and

(5)   this evaluation will result in updating the action plan as necessary, to meet changing needs and to effectively resolve problems.

 Peter T. Coleman Governor

​

EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION PLAN

This Equal Employment Opportunity Affirmative Action Plan is intended to conform to federal requirements of Title VI of the Civil Rights Act of 1964, Section 808 of the Civil Rights Act of 1968, Executive Orders 11063, 11246, and 11375; Section 109 of the HUB Act of 1974 and Section 3 of the HUD Act of 1968.

The plan is in 3 parts: Background, Administration, and Action Steps. Charts giving current demographic and employment data and annual goals are attached in support of the plan.

I.          Background.

The territory of American. Samoa presents a unique and sometimes confusing problem for those who are concerned with administering equal employment opportunity (EEO) policy. Samoan people of any nationality are counted as “minority” for all mainland U.S. purposes, yet in American Samoa they represent almost all of the permanent population. A group of 100 to 1000 “palagi’s” (non-Samoan whites, orientals, and others) cycles in and out on contract positions and in nongovernmental jobs.

​

Since “minority” employment problems extend locally, it is appropriate to provide employment preferences to Samoan residents and impose immigration controls on alien entry, residence and employment. Thus, in accordance with territorial statutory laws, applicants are not employed by the ASG unless resident American Samoans or United States nationals are unavailable and immigration clearance is granted.

​

There is no evidence of discrimination in other factors except for sex. Samoan culture has always barred men and women from certain occupations, though most of these restrictions were involved with traditional family and village activities which are rapidly changing in the face of economic and educational advancement.

The attached data shows non-Samoans (called “nonminority”) holding down most ASG jobs in the higher salary ranges. This results from the necessity for filling key jobs with contract employees when the pool of available Samoan talent is exhausted. These contracts are renewable every 2 years, and are readvertised prior to each contract period. Attempts by ASG to overcome this problem through scholarships and intensive recruitment have produced a steady decline in the number of nonminority hires; however, equity is still some years off.

​

This plan, therefore, deals initially only with inequities with regard to the employment opportunities for women, and the hiring of “minorities” in higher-paying positions.

​

When the 1980 census data, are available, the question of other employment inconsistencies will be reviewed.

​

II.         Administration.

A.        Responsibility. The responsibility and authority for the enforcement of this policy pertaining to the Affirmative Action Plan and its goals are vested in the director, department of manpower resources, ASG, who will be responsible for the implementation, administration, and compliance of the equal employment opportunity policies and Affirmative Action Plan.

​

All staff, subcontractors, and all contracting agencies utilizing federal funds administered by ASG are required to comply with this policy with reference to recruitment, hiring, training, and compensation.

​

B.         Duties and Responsibilities of the Equal Employment Opportunity Compliance Officer. An equal employment opportunity compliance officer (EEOCO) shall be appointed within the department of manpower resources and will have the responsibility of promoting, coordinating and monitoring this plan.

​

The duties and responsibilities of the EEOCO are as follows:

1.    Following the policy statement and Affirmative Action Plan provide an effective procedure to communicate EEO procedures;

2.    Acting as the focal point for all EEO activities, particularly in the development and implementation of the ASG Affirmative Action Plan;

3.    Providing continuous assistance to management in collection and analysis of employment data, identify problem areas, setting goals and timetables, and developing programs to achieve goals, and following through on programs to assure set goals are accomplished on time;

4.    Consulting with and advising all ASG agencies on matters pertaining to the administration of the EEO policies;

5.    Working with schools, women’s groups and organizations to encourage entrance of women into employment training programs, and assisting in development of new training resources for women;

6.    Submitting to the director of manpower resources quarterly progress reports pertaining to the EEO Program:

7.    Assisting ASG administrators and contractors in preparing effective programs criteria, compiling and disseminating public information for time Governor and his department/agency heads, implementing equal employment opportunity policies and open occupancy statements, directing preparation of related correspondence including recommendations on EEO; investigating formal and informal complaints of alleged discrimination by parties to agreements n.,A -~o d procedures to ensure compliance with all ASG contract provisions which promote equal opportunity objectives, and attending preaward and preoccupancy conferences;

8.    Implementing a system for receiving and investigating complaints and/or grievances of discrimination in accordance with EEO regulations;

9.    Investigating formal and informal complaints of alleged discrimination and contract noncompliance, and implementing procedures to resolve each case;

l0.   Participating in programs and conferences regarding fair and equal opportunity practices and assisting in servicing the Affirmative Action Plan;

11.  Establishing and maintaining contact as the ASG primary working liaison and representative with the community and all public agencies’ contracting groups, with regard to equal employment policies and opportunities;

12.  Requiring that all affirmative action plans submitted by subcontractors or proposed subcontractors are in line with ASG’s affirmative action requirements for employment for American Samoans and United States nationals as mentioned in the Policy Statement;

13.  Submitting to the director, manpower resources, reports on the progress of ASG in achieving established goals and make necessary recommendations for additional efforts in accomplishing goals of the affirmative action program.

C.         Dissemination of Equal Employment Opportunity Affirmative Action Policy. ASG’s EEO policy and Affirmative Action Plan will require an overall understanding of each department/agency head about his or her role in meeting ASG goals and objectives. Each department/agency head shall appoint an EEO coordinator. Every effort will be directed in educating ASG, contractor, and subcontractor personnel to clarify their understanding and responsibilities for carrying out EEO policy and the Affirmative Action Plan as a basic part of their jobs.

ASG will publicize the plan as follows:

1.    Internally:

a.     All staff members (directors, managers, supervisors, officials, administrators, professionals, technicians, office and clerical employees and other employees);

b.     All territory employment and training council members.

Internal communication of policy statement and objective of the ASG-Affirmative Action Plan will be disseminated and publicized in the following manner:

Written communication from the Governor’s Office;

ASG’s policy manuals, handbooks, operating manuals and annual reports will include the EEO policy statement;

A copy of this written Affirmative Action Plan will be maintained by each department/ agency;

EEOCO shall conduct meetings with EEO Coordinators to inform them of existing and changing legislation in the equal employment opportunity field.

2.    Externally:

a.     Subcontracting agencies;

b.    Community groups and women’s organizations;

c.     General public.

ASG recognizes the importance of keeping an open-line or communication between itself and community organizations, especially those which represent minorities, women, young people, the aged, handicapped individuals, and veterans. These are the organizations which reach many of the people for whom services are intended. ASG, contractors, and subcontractors shall use the following methods of external communications:

All employment announcements, help-wanted ads, and other advertising should include the statement “Equal Opportunity Employer” (male or female, M/F.)

Keep all contractors and subcontractors informed in writing of ASG’s current EEO policies.

Inform the educational institutions, community agencies, and community leaders of ASG’s EEO policies.

Notify general public through available news media and other sources of ASG’s EEO policies.

Disseminate policy statement to local community organizations and groups utilizing radio and television to inform the public of ASG’s policy and programs as well as a summary of key elements of the affirmative action program.

III.        Action Steps.

A.         Determination of Inequities and Setting Goals.

1.    EEO data:

Periodically, the information systems office of ASG will provide to the EEOCO printouts of special reports which have been designed to be responsive to EEO needs. Those will include quarterly reports of employees in positions at various blue collar and white collar grade levels, broken down by sex and minority status, by department/agency. Once each year, a report will be made showing turnover and anticipated position vacancies. When available, the 1980 Census reports will be used for further determination of EEO inequities.

EEO/AA is a living program, and changes with new information or as the program succeeds in reaching its goals. The computer reports, continuously updated, are attached to and become a part of this plan.

2.    Goal setting:

As each computer printout is received and studied; specific goals will be made or changed to reflect realistic assessments of need and response. In most cases, the goals will be reflected in the far-right-hand column of the “status of women and minorities” quarterly report.

B.         Steps to overcome inequities recruitment:

Recognizing that upgrading, transfers, training, and recruitment efforts are the means by which the Affirmative Action Plan can be implemented with significant and immediate results, the recruiting and training staff of the office of manpower resources is to consider and utilize first all available minority applicants, as recognized by the statutory preference given to American Samoans and United States nationals. “American Samoans” are those persons defined or described in 41.502(b) and 41.0640 A.S.C.A. “Permanent residents” as defined or recognized by 41.0502(j), 41.0602, 41.0603, 41.0604, and 41.0616 A.S.C.A., have the same rights as American Samoans for this purpose. “United States Nationals” are defined in Section 1408 of Title 8 of the United States Code.

In addition, it shall also be the concern of all stall’ recruiters and personnel administrators to give special attention to recruitment of women in positions where, in the judgment of the director of manpower resources, there is a need to utilize and expand the female work-force. This policy is in accordance with the federal equal employment opportunity laws and the related federal Executive Order 11246, as amended by 11375.

C.        

1.    Development of contracts;

a.     Attend community meetings to explain policy and objectives.

b.     Visit high schools, the American Samoa Community College and Skill Center at normal recruiting period and during these visits emphasis shall be placed on ASG as being an equal opportunity employer.

c.     Participate in local career days at all schools and the community college.

d.     Discuss ASG employment needs and policy with community organizations.

e.     Distribute letters to schools and organization expressing interest in referral of qualified candidates for specific job opportunities.

2.    Encouragement of job applicants:

a.     Include on all recruitment advertising:

“Equal Employment Opportunity Employer. However, where positions can be filled locally, preference shall be given to American Samoans, United States Nationals and permanent residents of American Samoa.”

b.    Post promotional opportunities and encourage the widest range of applicants within agency level, local education and community resources.

c.     Publicize examples of minorities employed in nontraditional occupations.

d.    Publicize Samoanization of workforce.

3.    Selection:

Screening of applicants is the responsibility of the office of manpower resources through review of applications, testing and interviewing. The five top candidates are referred to hiring agency for interview. Final selection is the responsibility of the hiring department/agency lie ad.

4.    Examinations:

The definition of examinations includes the process from review of applications to final determination of eligibility. While an evaluation of all tests used in selection is not feasible at the present time, the following actions shall be taken to avoid discrimination and to acquire pertinent statistics for use in any future evaluation:

a.     Eliminate from the actual application form all questions which tend to be discriminatory such as reference to sex, marital status, except for that information which is necessary for the affirmative action program.

b.     For written tests, keep a record of the success of minority group members in taking tests.

c.     The office of manpower resources should notify the department/agency head if in its judgment the experience requirements or the tests are unnecessarily restricting in selection for employment or promotion or why they feel that the tests are not job related.

5.    Counseling:

a. Provide career counseling to present and prospective employees and point out promotional opportunities, career ladders, and training opportunities and programs.

b. Counsel applicants on possible actions to improve their opportunity for future employment.

6.    Appointment:

a.     The hiring agency making final selection shall interview as objectively as possible all persons certified to them by the office of manpower resources of applicants not selected and to document reasons for nonselection.

Via the Secretary of Samoan affairs, department of local government, ASG, through the applicant’s village pulenu’u (village mayor) at his or her last known address, the nonselected applicant will be notified in writing of the decision and inform them of their right to request a hearing by the personnel advisory board if he or she feels that the nonselection was discriminatory.

b.     Hearings will follow the format outlined in Part 385.82 of the ASG Personnel Administration Manual.

7.    Lateral entry:

a.     Develop guidelines for recognizing previous experience of new employees including a policy for employment at higher than the normal entrance salary.

b.     Continue efforts to provide intra- and inter-department mobility through intragovernmental advertising.

8.    Training:

It is the policy of ASG to provide job training and employment opportunities for all residents of the territory, particularly for the unemployed or underemployed persons, and to ensure that training and placement services will lead to maximum employment and self-sufficiency in the skills which are essential to a developing community. 

a.     Encourage minority employees to participate in education and on-the-job training courses given by ASG, the American Samoa Community College, and the Skill Center.

b.     Encourage employees to take courses that are job-related. Especially encourage educational programs for the completion of high school courses and training in skilled trades.

c.     Select employees for in-service training on a nondiscriminatory basis.

d. Organize additional training courses for upgrading the skills of employees.

e.     For future evaluation purposes, record the participation rates of minorities in training courses and their use of education leave and educational opportunities.

f.     Include information regarding the Affirmative Action Plan in all training and orientation programs at all levels, especially training sessions for supervisors.

g.     Encourage supervisors to utilize the orientation interview to describe the Affirmative Action Plan and career opportunities.

9.    Career ladders and promotion:

a.     Post promotional opportunities and encourage the widest range of applicants, i.e., local education and community resources.

b.     On an individual basis, counsel employees on their probable career ladder.

c.     Annually rate employees on their promotional potential and provide career and training counseling.

d. Consider restructuring jobs to provide promotional opportunity for semiskilled employees.

e.     Encourage departments/agency heads to notify the supervisors of minority and women staff members who have significant promotional potentials so that the supervisors can recommend they apply for vacancies at a higher level.

10.  Specifics relative to third-party relationships:

a.     All nonfederal or nonfederally assisted projects-contractors, subcontractors, developers, consultants, appraisers, and other technical specialists-will be informed by ASG that anyone seeking a contract with ASG must undertake a program of equal employment opportunity. Any company or individual discriminating in his/her employment practices on the basis of race, creed, color, religion, sex, or national origin, will not be eligible for contracts with ASG. It will be the responsibility of the EEOCO to monitor these procedures and activities for compliance, and to undertake any necessary corrective measures. The actions and guidelines contained in this policy shall be applicable also to all third parties involved in the project.

b.     ASG’s obligation under federal requirements shall be with reference to Title VI of the Civil Rights Act of 1964, § 808 of the Civil Rights Act of 1968; and Executive Orders 11063, 11246, 11375, and 11376 § 109 of the HUD Act of 1974, and § 3 of the HUD Act of 1968, and such other supplements to the basic Civil Rights Act and Housing Acts regarding equal employment opportunity.

c.     Review and monitor all contract developments to ensure achievement of equal employment opportunity, open occupancy, and public accommodation objectives; conduct on-site inspections, at regular intervals, of employment, occupancy, and accommodation practices.

d.     The EEOCO will be responsible for reviewing the adequacy of the affirmative program submittals, the monitoring for compliance with the provisions in the program, and for undertaking all necessary corrective action.

11.  In-house program:

Employment, promotion, demotion, or reassignment; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship; shall be done in accordance with the rules and regulations as prescribed in the ASG Personnel Administration Manual.

It is the purpose of the Personnel Administration Manual to establish a system of personnel administration based on merit principles and scientific methods governing the classification of positions and the employment conduct, movement, and separation of public officers and employees.

It is also the purpose of the Personnel Administration Manual to build a career service in ASG which will attract, select, and retain the best of our citizens on merit, free from coercive political influences, with incentives in the form of genuine opportunities for promotions in the service, which will eliminate unnecessary and inefficient employees, which will provide technically competent and loyal personnel to render such service according to the dictates of ethics and morality.

D.        Evaluation and reporting:

1.    Data shall be compiled for each department or agency every 3 months, indicating the number and percentages of employees in each department by sex, minority status and pay, as shown in A, Determination of inequities.

2.    A summary and evaluation of the above data shall be prepared for distribution to the Governor, office of manpower resources, and the EEO.

3.    The director of manpower resources shall report to departments and agencies if any problems are encountered and to propose recommendation on the implementation of this plan.

E.         Grievances and appeals:

Grievances and appeals resulting from the implementation of this plan shall be handled in accordance with the procedures outlined in Part 385.8 of the ASG Personnel Administration Manual.

​