CHUUK STATE HEALTH CARE PLAN (CSHCP)
BOARD OF TRUSTEES REGULATIONS
CHAPTER I
PERSONNEL SERVICE SYSTEM
 

Part 1.   GENERAL PROVISIONS

Part 1.A.1.      Authority. These regulations have been promulgated by the Chuuk State Health Care Plan Board of Trustees in accordance with Title II Section 2.14 of the Chuuk State Law 2-94-06 (Chuuk State Health Care Plan Act of 1994) as amended. These regulations and any further amendments thereto shall have the force and effect of law and be binding upon all persons performing any specified personnel Service functions.

Part 1.A.2       Purpose. The purpose of these regulations is to establish a CSHCP Personnel Service system for organization, administration, recruitment and compensation of officers and employees of the CSHCP Board of Trustees.
 

Part 2.A.0   DEFINITION OF TERMS
Part 2.A.1      "Board" means the Board of Trustees of the Chuuk State Health Care Plan.

Part 2.A.2      "Executive Director" means the Executive Director of the Chuuk State Health Care Plan.

Part 2.A.3      "Fund" means the Trust Fund to be established by the Board in accordance with the act.

Part 2.A.4      "Bylaws" means the bylaws of the Chuuk State Health Care Plan in effect from time to time.

Part 2.A.5      "Employer" means any person who employees the services of others and pay them wages or salaries of a person who is self employed, that is a person who earns money for labor or goods.

Part 2.A.6      "Employees" means any individual who has been employed for wages or salaries for services from an employer.

Part 2.A.7      "Third Party Administrator" means the individual or firms within or outside of Chuuk, which contracts to perform administrative services in the operation of the Plan.

Part 2.A.8      "Plan" means the Chuuk State Health Care Plan. The Plan established under Section 1.3 of the Act as a Public corporation.

Part 2.A.9      "Regulations" means the regulations adopted by the Board and approved by the Governor for the administration of the Plan, and

Part 2.A.10    "Resident" means any citizen of Chuuk for whom Chuuk is his/her principal residence or any non-citizen of Chuuk who has established an ongoing physical presence in Chuuk and whose presence is sanctioned by law and is not merely transitory in nature.
 

Part 3.A.0  ORGANIZATION AND ADMINISTRATION

Part 3.A.1      Designated Officer: The provisions of the CSHCP Act and these regulations shall govern the administration of the CSHCP Personnel Service System. Subject to the same regulations and law, the Executive Director is designated to be responsible for these followings:

a.   Directs and supervises all of the administrative and technical activities of the Office of CSHCP,

b.   Administers the system of personnel management and administration for the Board of Trustees;

c.   Prepares proposed policies and regulations to carry out the provisions of the Chuuk State Health Care Plan personnel system;

d.   Acts for the Board in exercise of his/her 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 Chuuk State Health Care Plan

e.   Advises the Board of Trustees 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 in accordance with the Chuuk State Health Care Plan, Act of 1994 as amended;

h.    Establishes and maintains a current roster of all officers and  employees in the CSHCP Personnel 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 Chuuk, Federated States of Micronesia;

j.     Develops and maintains a system of performance evaluation for the purpose of appraising the productivity of employees in the CSHCP Personnel Service System;

k.    Encourages and exercises leadership in the development of effective personnel management and administration within the CSHCP office and makes available the facilities of the CSHCP Office to this end;
 
l.     Fosters and develops, in cooperation with management officials, programs to promote the CSHCP Personnel 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 Board of Trustees 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/her by the Board of Trustees or otherwise required to carry out the provisions and purposes of the CSHCP.

Part 3.A.2      Examination

Part 3.A.3      This Part prescribes the examining system to be used in CSHCP Personnel 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.

Part 3.A.4       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 place(s) at a specified time(s) to take written or performance tests germane to the position(s) 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.

c.  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.

Part 3. A.5     Non-Competitive Examinations. Non-competitive examinations, either assembled, or unassembled, may be used when, in the judgement of the Executive Director, 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.

Part 3.A.6      Publicity.  Optimum publicity shall be given to examination announcements through posting within the Chuuk State, FSM National and CSHCP Office and such other places as may be designated by the Executive Director (e.g., official bulletin boards in offices or work places).

Part 3.A.7       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 Executive Director to
      be valuable to the attraction of candidates for the position.

Part 3.A.8      Period of Announcement. Examination announcements on a competitive basis shall be open for at least ten (10) calendar days. However, the Executive Director may extend the period for receipt of applications at his/her discretion, providing such extension is announced in the same manner as the original announcement.

Part 3.A.9      Continuous Examinations. When difficulty is experienced in attracting sufficient numbers of qualified applicants for vacancies to the CSHCP Personnel Service System, the Executive Director 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.

Part 3.A.10    Promotional Examinations. Promotional examinations are restricted to permanent employees in the CSHCP Personnel Service System. Announcements to fill vacancies by promotion shall be distributed in the same manner as other examination announcements. However, the Executive Director may restrict eligibility, for participation in an examination to a particular position to be filled in the CSHCP office.

Part 3.A.11    Admission to Examinations. Applications for examination shall be made on forms prescribed by the Executive Director. Proper completion ofapplications 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 CSHCP Personnel Service System if the person is employed prior to the discovery of a false answer or statement. The CSHCP Executive Director 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 CSHCP Executive Director because of unusual circumstances. Such determinations shall be made a matter of record and similar circumstances in other examinations shall be treated equally.

Part 3.A.12    Disqualification of Applicants. The CSHCP Executive Director or his/her 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.

Part 3.A.13     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 date, time, or place, other than stated in the notification unless specifically authorized by the CSHCP Executive Director. The CSHCP Executive Director 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.
 
Part 3.A.14    Conduct of Assembled Examination. The CSHCP Executive Director 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.

Part 3.A.15    Cancellation of Examinations. The CSHCP Executive Director may cancel examinations at any time if there is no longer need for eligible covered by the examination or if the examination no longer meets the expressed requirements of the government.

Part 3.A.16    Rating of Examinations.

a.   Examinations shall be rated by the CSHCP Executive Director or by a qualified rating examiner from the CSHCP 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 CSHCP Executive Director 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 rating of each part of the examination in accordance with the weights established for each such part.
 
Part 3.A.17    Reviews of Examination Results. Any applicant may request a review of his/her rating within ten-calendar day following the notification of examination results. Such request for review shall be addressed to the CSHCP Executive Director who shall comply with the request.

Part 3.A.18    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. As amended notice of rating shall be reported to all applicants affected by such change in rating.

Part 3.A.19    Establishment of Eligible Lists.

a.  The CSHCP--Executive Director or his/her 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 CSHCP Executive Director provides a list of eligible 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 CSHCP Executive Director.

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 indicated a continuing need for eligible in the class, the CSHCP Executive Director shall announce a new examination.

c.  In the event two or more applicants have identical rating, 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 CHCP Executive Director only after it has been determined that a qualified candidate is not available from the re-employment list or promotional list.

Part 3.A.20    Certification from Eligible List.

a.  Appointments and promotions in the CSHCP Personnel 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 Eligible." A Certification of Eligible 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 eligible shall be made on forms prescribed by the CSHCP Executive Director, and shall clearly identify the position to be filled.

Part 3.A.21    Procedure when Eligible are Required. Whenever eligible are required, the CSHCP Executive Director shall:

a.  Prepare the Examination Announcement.
b.  Administer the Examination.
c.  Establish an eligible list, as determined by the examination.

Part 3.A.22    Removal of Names from Eligible Lists, The CSHCP Executive Director may remove the name of any person who has been disqualified under Part 3.A.10 of this 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 CSHCP Executive Director.

b.  The person is appointed from that list to a permanent position in the CSHCP Personnel Service System.

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.

Part 3.A.23    Selective Certification. When the CSHCP Executive Director 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 eligible who meet that specific requirement.

The individual may be removed from the list if he refuses a reasonable offer of employment.

Part 3.A.24    Options for use of Eligible Lists. Whenever a vacancy arises in the CSHCP Personnel 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 CSHCP Executive Director is authorized to grant exceptions to this procedure upon proper justification. The CSHCP Executive Director for reference shall maintain appropriate records for such approvals and associate materials.

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.

Part 3.A.25    Duration of Eligible Lists. The life of an eligible list, other than the reemployment lists, shall be for a period of one year, unless extended by the CSHCP Executive Director. 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 eligible, a new list may be established through an appropriate examination.

Remaining eligible 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.

Part 3.A.26    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 Personnel Service System determined to be eligible for promotion).

c.  Examinations open to the public, including permanent employees of the Personnel Service System).

d.  All eligible for a position must be exhausted from the re-employment list before a promotional list may be used.

e.  All eligible for a position must be exhausted from the re-employment list and the promotional list before an open list may be used.

Part 3.A.27    Re-Employment List. Any person, who has held a permanent position in the CSHCP Personnel Service System who has been demoted or terminated through reduction-in-force, shall have his/her name placed on a Re-Employment List. The name of such person shall be placed on the Reemployment list for the same or related class of position as he/she last held under a permanent appointment. Names shall be arranged on the reemployment list in the chronological order of their separation from their respective competitive levels. Names shall be removed from the reemployment 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/she formerly held in the CSHCP Personnel Service System.

Part 3.A.28    Filling Vacancies.  Whenever there is a position to be filled in the CSHCP Personnel Service System, the management official shall request a list of eligible from the Executive Director who shall thereupon respond to such request by certifying from the appropriate eligible list in accordance with Part 3.A.18. Five (5) highest available eligible, or a lesser number as are available. The management official shall make the appointment from the list of eligible submitted to him unless he finds none on the list acceptable to him/her, in which case he/she will request a new list from the CSHCP Executive Director who shall thereupon request him/her to provide in writing his/her reasons for rejecting the eligible list previously submitted to him. A new list of no more than five eligible selected in like manner shall be submitted to the requesting management official if in the opinion of the Executive Director that his/her reasons are adequate. The management official shall make an appointment from that list. If, however, the CSHCP Executive Director finds management official's reasons inadequate, he/she shall resubmit the original list and an appointment shall be made there from. No person shall report to work nor receive salary unless he/she has been previously certified on an appropriate eligible list by the CSHCP Executive Director, or his/her authorized representatives, and selected by the management official and approved by the Board of Trustees, CSHCP.
 

Part 4.B.0  POSITION AND APPOINTMENTS

Part 4.B.1.     Types of Position and Appointments: All positions in the CSHCP Personnel Service System shall be identified in the records of the CSHCP Executive Director as either permanent or limited-term, or such other status as is authorized by law.

Part 4.B.2      Permanent Position. A permanent position is a position, which is established based upon the continuing need of the Board of Trustees, which is authorized to continue longer than one year.

Part 4.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.

Part 4.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 workday).

Part 4.B.5      Types of Appointments. Appointment in the Personnel 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/her probationary appointment and shall demonstrate his/her 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/her initial one year probationary period shall hold a permanent appointment in the CSHCP Personnel Service System 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.

c.   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 CSHCP Executive Director 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.

d.   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 Board;

2.   To prevent the stoppage of essential public business;

3.   When it is not practicable to ascertain whether there is an eligible list;

4.   This appointing authority shall not continue for more than working days.

5.   Such an emergency appointment shall be limited to 10 work days but may be extended by the CSHCP Executive Director or his/her designee if the Board of Trustees so desire when the cause is determined to be good and sufficient, and the extension does not exceed 20 additional work days.

6.   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.

Part 4.B.6.      Pre-Employment Physical Examination. All persons selected for probationary or permanent appointments in the CSHCP Personnel 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 CSHCP Personnel 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 xray, general physical condition, and compliance with special physical requirements for the position to be established by the Executive Director in conjunction with the Board of Trustees and the Department of Health Services.

Part 4.B.7      Administration of Physical and Pre-Medical Examinations.  Medical examinations shall be administered by medical personnel authorized by the Board of Trustees to conduct such examinations for employment purposes, and shall be recorded on forms prescribed by the  CSHCP Executive Director. Chuukese citizen applicants and employees of the CSHCP Personnel Service System are provided such examinations, free of charge, at the medical facilities of the Chuuk State Hospital.

Part 4.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 CSHCP Personnel 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 5.C.0   TERMINATIONS OTHER THAN FOR PERSONNEL CAUSE

Part 5.C.1      General. This part applies to Resignation, Termination for Medical Reasons, Voluntary Demotion, and Reduction-in-force.

Part 5.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 CSHCP Executive Director. The CSHCP Executive Director may designate management and highly skilled technical classes for which this period may be extended to 30 calendar days. The CSHCP Executive Director or supervisor shall submit a copy of the written resignation, together with the necessary terminating documents, to the Board of Trustees 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.   Participation. An employee shall participate in the National Social Security System upon determination of eligibility.

c.   Termination for Medical Reasons. When an employee is found to have an infections of 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 Chairman of the Board of Trustees through his Executive Director may terminate his employment, provided:

1.   No suitable reassignment can be made within the Chuuk State Health Care Plan System.

2.   Medical examination procedures have been complied with. An employee whose services are terminated under the provisions of this Part may be eligible for disability retirement under the National Social Security Law. The responsibility for applying disability retirement rests with the employee although it is the responsibility of the CSHCP Executive Director 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 CSHCP Board of Trustees 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/her 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.

Part 5.C.3      Reduction-in-Force. An employee may be demoted or terminated through Reduction-in-Force Action 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 CSHCP Executive Director or Staff Officer concerned shall institute administrative procedures to assure that all legitimate possibilities for reassignment within that part of the CSHCP Personnel Service System for which is responsible have been exhausted. If formal reduction-in-force is the only remaining alternative, he/she shall provide to the CSHCP Executive Director, 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 Executive Director 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 Executive director 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 Chuuk State consist of Weno 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 Executive Director 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 CSHCP Executive Director to institute reduction-in-force action will be assigned two points;

b.   each incentive award within the twelve months preceding the written notice from the Board of Trustees to the Executive Director to institute reduction-in-force action will be assigned two points;

c.   each merit increase awarded within the twelve months preceding the written notice from the Board of Trustees to the Executive Director to institute reduction-in-force action will be 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.

h.   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.

            6.   Seniority
 
(a)   Seniority based on total creditable services 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 CSHCP 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 Part 5.C.g. below.

(d)   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 positions 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.

(e)   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 Board of Trustees 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/her salary level unless it exceeds the maximum step of the lower class pay level.

(f)   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's competition is instituted.

2.   The employee with the lowest retention standing shall be the first released under reduction-in-force.

(g)    Creditable Services for Reduction-in-Force. Creditable service for reduction-in-force shall be service with the Chuuk State Government in those organization parts and in those positions which are currently subject to the CSHCP Personnel Service System under this Part.

(h)    Reduction-in-Force Notice. When the determination to abolish a position is made and all efforts to place the affected employee in another position with his/her competitive area have failed, the CSHCP Executive Director 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 CSHCP Executive Director's letter shall be delivered at least 30 calendar day prior to the effective date of termination and shall inform the employee that his/her name is being placed on the employment list. The employee shall sign and date a copy of the letter to acknowledge receipt and return it to the office of the CSHCP Executive Director.

(i)    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 re-employment, the employee is in permanent status and is not required to serve an additional probationary period toward gaining permanent status in the CSHCP Personnel Service System.
 

Part 6.D.0   GRIEVANCE

Part 6.D.1.     Employee Coverage. The Personnel Service System covers all CSHCP Personnel Service System employees.

Part 6.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 6.D.3 below.

Part 6.D.3.     Matters Not Covered. The Grievance System will not cover the following:

           a.   A fitness-for-duty examination.

           b.   The content of published Board policy.
 
           c.   Non selection for appointment, promotion or transfer from a group of properly ranked and certified candidates.
 
           d.   Non adoption of a suggestion or disapproval of merit increase, performance award, or other kind of honorary discretionary award.
 
           e.   Any action taken under Part 7.E.0. Disciplinary Actions of these Regulations.

Part 6.D.4.     Right to Seek Advice. Sometimes, an employee has a valid reason not taking a grievance to his immediate supervisor. The Board's Grievance System, therefore, provides opportunity for an employee to informally communicate with and seek advice from:

a.   The Executive Director, or
 
b.   A supervisory or management official of higher rank than the employee's immediate supervisor.

Part 6.D.5.     Informal Grievance Procedure. Before an employee can utilize the formal grievance procedure, he/she must show evidence of having pursued his grievance informally. He/she 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. An employee may present to his supervisor at any time, a grievance concerning a continuing practice or condition. He/she must present a grievance concerning a particular act or occurrence within ten (10) workdays of the date of that act or occurrence. An employee may present a grievance either orally or in writing to his/her supervisor. 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. If the employee has a valid reason for not presenting his/her grievance to his/her immediate supervisor, he/she must present it to one of the persons designated in Part 6.D.4 above.
 
Part 6.D.6.      Formal Grievance Procedure.

A.   If the employee's grievance is not settled to his/her satisfaction by the immediate supervisor, he/she should forward his/her grievance to the Executive Director and request review by the Board of Trustees. A three-member panel shall be selected as follows:

1.   One member selected by the employee; one member selected by the Board or Staff Officer responsible for the employee and the third member, who serves as the panel chairman, selected by the two; all of the panel members must be CSHCP employees. This panel will review an employee's grievance and make recommendation to the Chairman of the Board of Trustees, 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/her attempts to settle the grievance informally.

2.   He must have submitted his/her grievance to the informal procedure within the time limit prescribed in Part 6.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/her.

6.   The grievance hearing shall be an administrative hearing of an informal nature.

7.   Board 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 chairman a written recommendation; with expository, explanatory justification to support the recommendation(s).

Part 6.D.7.     Grievance Resolution. Within five (5) workdays after the receipt of the panel's recommendation(s), the chairman must provide in writing his/her resolution of the grievance. The grieving employee and management official must comply with the chairman's disposition of the grievance.
 

Part 7.E.0   DISCIPLINARY ACTION

Part 7.E.1.      Action Covered. This Part applied to suspensions, demotion for disciplinary reasons, removal, and abandonment. This Part also applies to non-disciplinary suspension for investigation.

Part 7.E.2.      Definitions. The terms suspension, demotion, removal, abandonment as used in this 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 with a reduction in his compensation.

c.    Removal. Management action of separating an employee from the CSHCP Personnel 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 workdays.

Part 7.E.3.      Authority to Take Disciplinary Action. The authority to effect disciplinary actions has been granted to management officials by Section 2.14 of Public Law No. 2-94-06. For this purpose, management officials shall include the Chairman, Vice Chairman, the Executive Director and Staff Officers of the CSHCP. The authority to effect disciplinary actions may not be further delegated or redelegated. For purpose of this Part only, the term "management official" will reflect to an individual who is specifically granted authority through this Part to effect disciplinary actions in accordance with this Part.

Part 7.E4.       Employee Coverage. This Part applies to permanent employees in the CSHCP Personnel System.

Part 7.E.5.      Merit of Disciplinary Action. A disciplinary action against an employee may not be taken under this Part except for such cause as will promote the efficiency of the service.

Part 7.E.6.     Suspension Not to Exceed 3 works days. A management official may suspend an employee for a period not to exceed 3 workdays, 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.

Part 7.E.7.     Suspension for More than Three (3) Workdays.

a.   A management official may suspend an employee for such length of time as appropriate but not 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 CSHCP Executive Director shall be necessary.

b.   For the purpose of investigating a possible charge against the employee, upon representation by a management official, the CSHCP Executive Director may concur in a nondisciplinary 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 if 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.

Part 7.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.

Part 7.E.9.       Removals. A management official may remove an employee for just  cause provided all disciplinary action procedures are followed.

Part 7.E.10.    Disciplinary Action, Prerequisites. Management officials must observe the following requirements when taking suspension, demotion or removal action under this Part:

a.    The management official must give the employee at least five (5) work days advance written notice of his/her action;

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. In the written notice of disciplinary action the employee must be informed of his/her right to file an appeal as provided in Part 7.E.10.f. following. Any employee covered under Part 7.E.10.e. may file his/her appeal personally or by registered mail with the Executive Director no later than fifteen (15) 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/she so desires. Employees located in the outer islands must also meet the fifteen (15) calendar day period for filing an appeal.
 

Part 8.F.0   APPEALS FROM DISCIPLINARY ACTIONS

Part 8.F.1.      Purpose. This Part establishes the CSHCP Service Appeal System. Any  employee covered by Part 8.E.4. of these regulations may appeal in  writing to the Board for review of a decision to take disciplinary action of  suspension, demotion, or removal against him.

Part 8.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 the Board of Trustees 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 Board determines the unusual circumstances require more.

Part 8.F.3.      Employee Representation. An employee may be represented and advised  at the hearing by a representative of his/her choice. This representative  may be another employee or from outside the Board. The employee may  not change his representative once the committee has begun hearing  his/her appeal.

Part 8.F.4.      Board Representation. The Board's representative at such hearing shall be selected by the Executive Director in accordance to Part 8.F.8 of this  regulation.

Part 8.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/she 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/her representative may request the Executive Director for more time. The Executive Director will determine if the request is reasonable and should be granted.

Part 8.F.6.      Freedom from Reprisal or Interference. All employees covered by Part  8.F.4 of these Regulations are provided by Part 8.F.1 of these regulations the right to appeal. The purpose of the appeal system is to give the employee means for review of his/her 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 Board or on any basis, must not interfere with or attempt to interfere with another employee's exercise of his/her right under this part. To be fully effective, the spirit as well as these regulations must be enforced. It is not enough for an official to abstain from over threats or interference. He/she must also refrain from making any statement or taking any action that has the appearance of a threat, interference, or intimidation.

Part 8.F.7.      Disciplinary Action File.

a.    A disciplinary action file shall be established to hold 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 Board findings.

(8)     A copy of the Board of Trustees decision on the appeal.

(9)     A copy of the resulting requests Personnel Action if any.

Part 8.F.8.      Hearing Procedure. When an appeal is received, the Executive Director shall ensure the following are complied with:

a.   The Committee shall be composed of one member selected by the employee, one member selected by the Executive Director, 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 Committee members, a hearing date established, and hearing location designated and arranged for.

c.   The employee and the management representative shall provide the Executive Director with a list of their representative(s) and all witnesses to be called. The Executive Director 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 Executive Director designated to sit at the hearing(s) and provide the Committee administrative support.

f.    At the hearing, the 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 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. The Committee shall submit a report of its findings and its recommendations on handling the matter.

h.   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 Board of Trustees recommendation(s) within seven calendar days after the close of a hearing to the Board.

Part 8.F.9.      Appeal Disposition. Within seven (7) workdays 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.

Part 8.F.10.    Status of Employee during he 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 Board in accordance with Part 8.17.8. (a) and Part 8.17.9.
 

Part 9.A.0   POLITICAL ACTIVITIES

Part 9.A.1.      Political Activities:- The political activities of persons in the CSHCP Personnel Service System shall be subject to the restrictions of this Part.

Part 9.A.2.      Rights of Employees. All employees in the CSHCP Personnel Service System shall have the following rights:

a.   To vote for the candidate 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 CSHCP Personnel System, providing their campaigning does not take place on Board time.

Part 9.A.3.      Prohibitions. Employees of the CSHCP Personnel 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 CSHCP time or on property.

e.   Campaign for any candidates for public office during official working hours.

f.    Continue as CSHCP Personnel Service System employees while holding an elective office in any branch of the Chuuk State Health Care Plan.

g.   Promote or oppose legislation relating to programs of the Chuuk State Health Care Plan without the official sanction of the proper plan 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.

Part 9.A.4.   Public Office.

a.   Employees elected to public office shall resign their positions in the CSHCP Personnel System.

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/her assigned Municipal duties which may require performance during the employee's regular work schedule.

Part 9.A.5.      Penalty. Any employee found guilty of a prohibited activity shall be subject to disciplinary action by management.
 

Part 10.B.0

Part 10.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 Plan;

(2)  Conducts operations or activities that are regulated by this Plan;

(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 Chuuk State Health Care Plan 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 Part 5.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 materials such as 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 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)     Impending Board efficiency or economy.

(4)     Losing complete independence or impartiality.

(5)     Making Board decision outside official channels.

(6)    Effecting adversely the confidence of the Public and the
         integrity of the Board.

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/her 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 Board orders when reimbursement is prescribed by law.

Part 10.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/her primary interests, talents, and energies to the accomplishment of his/her work for the Chuuk State Health Care Plan or tend to create a conflict between the private interests of an employee and his/her official responsibilities. The employee's outside employment shall not reflect discredit on the Plan.

                       b.    Definitions.

(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 CSHCP Personnel System employee's private interest, usually of an economic nature, conflicts or raises a reasonable question of conflict with his/her 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/her Board 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/her plan duties and responsibilities in an acceptable manner. An employee shall not receive any salary or anything of monetary compensation for his services to the Chuuk State Health Care Plan (CSHCP). Among other things, abuse of leave privileges or use of Board 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 Chuuk State Health Care Plan (CSHCP) especially urged to seek the advice of their Executive Director before committing themselves to such activities.

d.    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 Plan.

(2)   Which involves the use of CSHCP time, facilities,  equipment, and supplies of whatever kind.

(3)   Which involves the use of official information not available to the public.

e.    While an employee is not prohibited from performing general nature as the work he/she performs for the plan, 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/her 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/she 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/her official duties.

f.    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.

Part 10.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/her Board duties and responsibilities.

(2)  Engage in, directly or indirectly, a financial transaction as a result of, or primarily relying on, information obtained through his/her Board 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 Board, so long as it is not prohibited by law, or these regulations.

Part 10.B.4.   Board Property. General Responsibility. Employees shall be held accountable for Board property and moneys entrusted to their individual use in connection with their official duties. It is their responsibility to protect and conserve Board property and to use it economically and for official purposes only.

Part l0.B.5.     Misuse of CSHCP Vehicles. Employees shall not use or authorize the use of a CSHCP owned or leased motor vehicle for other than official purposes.
  
Part 10.B.6.   Information.  It is the policy of the Chuuk State Health Care Plan accord the public access to information about its activities and to make available to the public records of the CSHCP 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 CSHCP without the permission of the Chairman of the Board of Trustees or the Executive Director designee.

Part 10.B.7.   Indebtedness. An employee should pay each just financial obligation in a proper and timely manner owed to the plan. The Chuuk State Health Care Plan activity will not act as a collection agency for private debts owed by its employees. An employee may be subject to disciplinary action if his/her failure to meet just financial obligations be