Subsections (2) and (3) amended by State Law 6-132.
Section amended by State Law 7-47.
Section 18.103. Merit Principles.
The State Public Service System shall be
administered in accordance with the merit principles set forth
below:
(1) Equal opportunity for all regardless of sex, race, religion, political affiliation, ancestry or place of origin.
(2) No discrimination against any person because of a physical handicap unconnected to his ability to perform effectively the duties of the position in which he is employed or in which he is seeking employment; provided that the employment of such physically handicapped person will not be hazardous to him nor endanger the health or safety of others.
(3) Impartial selection of the ablest person for public service by means of tests which are fair, objective, practical and the avoidance of family hiring based solely on family status.
(4) Just opportunity for competent employees to be promoted within the service.
(5) Reasonable job security for competent employees, including the right of appeal from adverse personnel actions as provided in this Title.
(6) Systematic classification of all positions through objective job analysis.
(7) Fair and reasonable grievance procedures, appropriate to conditions of employment, for all employees.
(8) Proper employer-employee relations to achieve a well-trained, productive, and happy work force.
Section 18.104. Preference
to citizens.
(1) Notwithstanding the provisions of Section 103 of this Title, with a view to insuring
full participation by FSM citizens and residents of this State in its public
service, preference shall be given to qualified FSM citizens and residents of
Kosrae State in making appointments and promotions and providing opportunities
for training.
Every regular employee shall be entitled to
hold his position during good behavior, subject to suspension, demotion, layoff,
or dismissal only as provided in this Title and in any regulations, rules or
directives adopted in pursuance thereof; provided, however, that the tenure of a
contract employee is the term of his contract.
Section 18.106. Nondiscrimination.
No employee in the public service shall be
suspended, demoted, dismissed, laid off, or otherwise discriminated against
because of sex, marital status, race, religious or political preference, place
of origin, or ancestry.
Section 18.107. Application and exemptions.
The State Public Service System shall apply to all employees and positions in the government of the State of Kosrae now existing or hereafter established and to all personnel services performed for that government except the following, unless this Title or provisions are specifically made applicable to
them:
(1) Members of the Kosrae State Legislature.
(2) The Governor and Lieutenant Governor of Kosrae State.
(3) Justices and other judges of the State courts.
(4) The Attorney General and Assistant Attorney General.
(5) Persons appointed by the Governor with the advice and consent of the Legislature.
(6) Court Counsel.
(7) The Legislature's Legal Counsel.
(8) Persons or organizations retained by contract when the Branch Head has certified that the service to be performed is special or unique and non permanent and is essential to the public interest, and that, because of the degree of expertise or special knowledge required and the nature of the services to be performed, it would not be practical to obtain personnel to perform such services through normal public service recruitment procedures.
(9) Contract employees during life of the contract, except if renewed or amended.
(10) Temporary positions, required in the public interest, for which the need does not exceed 6 months.
(11) Positions requiring part-time or intermittent work which does not exceed 60 hours in any calendar month.
(12) Positions filled by inmates, patients and students of institutions of Kosrae State.
(13) Members of any board, public corporation, commission, or similar body, in their capacity as such.
(14) Positions specifically exempted by any other law of Kosrae State.
Nothing in this Section shall be deemed to affect the public service status of any incumbent as it existed on the effective date of this Title.
Background
Amended by State Law 6-132.
Section 18.108. Transition.
(1) A regular employee holding a valid position in Kosrae State public service shall be admitted without examination, on or after the effective date of this Act, to a position of the same class or an equivalent class in the State public Service System. In subsequently computing the seniority of such employee for retention or similar purpose, his time of service in the Kosrae State pubic service prior to the effectiveness of this Act, shall be credited in the same way as if it had been under the State Public Service System.
(2) Persons presently under contract of employment for public service are not subject to this Title during the life of such contract.