Yap Public Serv. Sys. Act. [Personnel Matters] 1-75

Purpose. The Public Service System Act provides for hiring, promotion, reclassification and class allocation. The purpose of this executive order is to put a freeze on such hiring, promotion, reclassification and class allocation.

Background Information. The government, in preparation for the reduced funding level starting next fiscal year and for the post-compact period, is in the process of reducing its annual operation budget. The single highest cost in our operation budget is personnel cost and, thus, this has to be reduced through decreasing the size of our workforce and reducing average annual salary.

It is our plan to reduce the size of our workforce through a voluntary early retirement (VER) program wherein employees volunteering to retire will be paid a lump sum of money upon retirement. Such sum is to serve as the incentive provided to encourage early retirement.

The VER program implementation will cost money which has to be borrowed. To make sure that the loan we acquire is adequate to cover implementation cost, total payroll cost has to be maintained at it present level. Our calculations, otherwise, would he off.

Justifications. The only way to keep payroll cost constant is to freeze 1) annual step increases in annual salaries, 2) hiring new employees, 3) promotion, 4) reclassification and 5) class reallocation. Step increases have to be dealt with through legislation but items no. 2 through no. 5 could be and are, therefore, being dealt with administratively through tills executive order. In short, there is no other way in which payroll cost could at !east he maintained at its current level.

NOW THEREFORE, pursuant to the authority vested in the Governor by Yap District Law NO. 6-12, Section 26, IT IS HEREBY ORDERED that EXECUTIVE ORDER No. 1-80 is hereby rescinded and voided, and pursuant to Yap State Law No. 1--35, Section,26.

1.3 Application. All matters concerning the classification and compensation of positions and the employment, conduct, assignment, training, performance, and separation of employees in the System shall be governed by applicable regulations and shall be applied equitably to all.

1.4 Limitations. Preference in employment and training will be given to citizens of the Federated States of Micronesia (FSM). Citizens of other countries shall be employed only when qualified FSM citizens are not available.

c. Act for the governor in the exercise of his appointing and terminating authority, to include the determination of qualifications required for all positions, whether employees or potential employees meet minimum qualifications required, and the appropriate compensation for all positions in the Government;

f. Cooperate fully with and attend, or arrange for a qualified representative to attend all meetings of the Ad Hoc Committee organized under Section 25 (3) of Y.S.L. No. 135, and give the Committee any technical advice it requires;

Based on the needs of the Government, the Chief of Personnel (hereinafter referred to as the "Chief") shall administer recruitment programs designed to attract fully qualified applicants for the System. Competitive selection procedures shall be used to the maximum extent practicable.

3.2 Accountability of Positions. A list of all authorized positions shall be maintained by the Chief showing the classification and current status of each such position. Changes in the authorized quota of positions for each department or office shall not be made without the approval of the Governor or his designated representative.

3.3 Examination Announcements. As vacancies occur or are anticipated, examinations for recruitment shall be announced and posted in the Personnel Office, and shall be given the widest publicity justified for the vacancy.

d. With the exception of promotional examinations, all examinations shall be open to the public. Admission to all examinations shall be conditioned by appropriatestandards of health, physical condition, age, education, training, experience, and character as are deemed necessary by the Chief.

3.5 Period of Announcement. Examination announcements on a competitive basis shall be open for at least fifteen (15) calendar days. However, the Chief may extend the period for receipt of applications, at his discretion, providing such extensions are announced in the same manner as the original announcement.

3.6 Continuous Examinations. When difficulty is experienced in attracting sufficient numbers of qualified applicants for vacancies in the System, the Chief may announce a continuous examination. Notice of closing of a continuous examination shall be posted at least fifteen (15) calendar days prior to the final closing date for such examination.

3.7 Promotional Examinations. Promotional examinations are restricted to permanent employees in the System. Announcements to fill vacancies by promotion shall be distributed in the same manner as other eligibility for participation in an examination to a particular department or office if the position to be filled is of a nature peculiar to that department or office.

3.8 Open-Competitive Examinations. Examinations shall be open-competitive whenever the Chief determines that they are in the best interests of the System. Announcement of open-competitive examinations shall be posted, and applications may be filed for a period of at least fifteen (15) calendar days prior to holding the examination.

3.9 Non-Competitive Examinations. Non-competitive examinations shall be administered for positions requiring special qualifications and training which do not admit of competition, or when there are less qualified applicants than vacancies.

3.10 Content of Examinations. Examinations shall be practical and reasonable and shall provide for ascertaining the qualifications of applicants and their relative capacity and fitness for the proper performance of duties in the class of position for which they are applying. Any accepted method of examining may be used, including verification and evaluation of education, training, aptitude, and character of applicants and any other accepted examining device deemed appropriate by the Chief.

3.11 Security of Examinations. Examinations shall be administered and maintained under conditions affording maximum security at all times. All precaution shall be taken to safeguard the confidential nature of examination questions and related documents. Information concerning the nature and content of tests shall not be divulged true any person prior to the examination. Unauthorized disclosure of examination material shall be cause for disqualification from employment in the System. The identity of examination candidates shall be kept confidential, through appropriate means, during the entire examination process until the completion of the scoring process. The substitution in an examination of a different person for an accepted applicant is considered, for both parties, unauthorized disclosure of examination material. Cheating by a candidate and assisting another candidate to cheat shall be considered unauthorized disclosure of examination material.

3.12 Admission to Examinations. Applications for examination shall be made on forms prescribed by the Chief. Proper completion of applications 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 false answer or statement shall be grounds for denying admission to the examination, removal from the System if employed prior to the discovery of a false answer or statement. The Chief shalldesignate persons authorized to accept applications. Applications for specific positions shall be accepted only during the period specified on the examination announcement. Applications submitted by mail shall be postmarked than the announcement closing date. Late applications not be accepted unless approved by the Chief because of unusual circumstances. Such determinations shall be made a matter of record and similar circumstances in other examinations shall be treated equally.

Applicants who do not meet the minimum qualifications or who are disqualified for any of the reasons noted above shall be notified as soon as practicable. If an applicant isdisqualified following placement on an eligible list, his name shall be removed from the eligible list and if appointed from the eligible list, he shall be terminated.

3.14 Notification of Acceptance for Examination. Each applicant who have been accepted shall be given sufficient advance notice of the date, time, and place of examination; inclusion of the requisite information on the examination announcement meets this notification requirement. No applicant shall be entitled to take an examination at a date, time, or place other than that stated in the notification, unless specifically authorized by the Chief. The Chief shall not be responsible if a notice is lost in the mails or sent to an applicant's former address through failure of an applicant to report a change of address. Where mail service is not adequate to meet these notification requirements oral notification in person by telephone or by radio may be given if the foregoing time and content provisions are met, and if such or all notification is properly documented.

3.15 Conduct of Examinations. The Chief shall appoint a representative to administer the examinations at the time and place designated in the notification of acceptance for examination or the examination announcement.

3.16 Cancellation of Examination. Examinations may be cancelled at any time by the Chief if there is no longer need for eligibles covered by the examination or if the examination no longer meets the expressed requirements of the Government.

3.17 Rating of Examinations. 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 Chief, who may also set minimum ratings for each part of the examination. The final earned ratings of each candidate shall be determined by combining the earned ratings of each part of the examination in accordance with the weights established for each part.

3.18 Reviews of Examination Results. Any applicant may request a review of his rating within ten (10) calendar days following the notification of examination results. Such request for review shall be addressed to the Chief, who shall comply with the request and make whatever changes, if any, the facts warrant.

3.19 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 warrant a change. Correction of errors shall be applied equally to all participants. An amended notice of rating shall be reported to all applicant affected by such changes in rating. If a correction results in non-passing for an employee already appointed from that eligible list, that employee shall be terminated from the position to which appointed.

3.21 Physical and Medical Examinations. Physical examinations may be required of all applicants and employees of the System where physical condition requirements arenecessary for the proper performance of assigned duties. Medical examination may also be required of employees prior to entry on duty. Such examinations shall provide for a means of determining whether or not the individual concerned is free from any present or potential physical and medical conditions adverse to performance of his duties, other employees, and members of the System. The Chief shall notify such persons when examinations are required.

3.22 Administration of Physical and Medical Examinations. Physical and medical examinations shall be administered by medical personnel. All applicants or employees of the System shall pay the cost of those examinations.

4.1 Establishment of Eligible Lists. Employees in the System shall be selected from employment lists, hereinafter referred to as "eligible lists" and maintained by the Chief. Except for reemployment lists, candidates shall be placed on eligible lists in the order of qualifying grades on the examination. The list shall be designated as an "eligible list" for that class of position and shall be considered "established" upon approval by the Chief.

4.2 Duration of Eligible Lists. The life of an eligible list, other than the reemployment list, shall be for a period of one (1) year. When an eligible list is reduced to an insufficient number of eligibles, a new list may be established through appropriate examination. Remaining eligibles shall be combined with those on the new list for the remainder of the term of the original list. An open examination list, and a promotional examination eligible list shall not be combined. A competitive examination eligible list and a non-competitive examination eligible list shall be combined only as a non-competitive 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 his 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.

4.4 Reemployment List. Any person who has held a permanent position in the System from which he has resigned in good standing, or has been demoted or terminated through Reduction In Force (RIF), shall have his name placed on a reemployment list. The name of such person shall be placed on the reemployment list for the same or relatedclass of position as he last held under permanent appointment.

Names shall be arranged on the reemployment list in the chronological order of their separation. Names shall be removed from the reemployment list at the expiation of three (3) years from the date of separation, or sooner if the individual is reemployed in a position at the same or as higher pay level as that he formerly held in the System.

4.5 Promotional List. Only persons in the System who have completed their probationary period and have passed the requisite promotional examination may be placed on a promotional list. The Chief may confine a promotional list to persons of one department or office if their work is of a nature peculiar to that department or office. A promotional list shall be certified by the Chief only after it has been determined that a qualified candidate is not available through the reemployment list.

4.6 Open-Competitive List. The Chief shall prepare an eligible list after each open-competitive examination. Such lists shall place all persons thereon, with passing grades, in the order of their final ratings. In the event two or more applicants have identical ratings, 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 Chief only after it has been determined that a qualified candidate is not available through promotional examinations, or through the reemployment list.

b. The eligible candidate fails to respond within fifteen (15) calendar days from the date of dispatch of an inquiry as to availability for employment; provided, that his name may be restored for reasons deemed sufficient by the Chief.

4.9 Departmental Promotional Requests. A management official, wishing to fill, by promotion, vacant permanent position in his department or office, may request the Chief to provide the name of the employee who shall be promoted. The Chief shall identify and ascertain:

The Chief shall then certify to the requesting management official the name of the qualified FSM citizen with the highest performance rating and the longest public service; if there is no qualified FSM citizen, then the name of the qualified non-FSM citizen with the highest performance rating and the longest public service shall be certified. If the management official so wishes, in the original instance, he may request the Chief to announce a promotional examination limited to that department. The Chief shall make his determination in accordance with Sub-Part 3.7.

5.1 Certification of Eligibles. For the purpose of filling vacancies in the System, department and office heads shall request a list of eligibles from the Chief, unless they elect to fill a position by transfer or demotion. Requests for eligibles shall be made on forms prescribed by the Chief and shall clearly identify the position to be filled, including its position number. The Chief shall respond to such request by certifying from the appropriate eligible list the five (5) highest available eligibles, or such lesser number as are available.

5.2 Selective Certification. Where the Chief determines that a position has a special requirement which is not a general qualification requirement for that class of position, he may certify from the appropriate class eligible list those eligibles who meet that specific requirement.

5.3 Permanent Positions. A position which is established based on the continuing needs of the Government, and which is authorized to last longer than one (1) year, shall be identified as a permanent position.

5.6 Permanent Appointments. An employee who has been appointed to a permanent position and who has satisfactorily completed his probationary period shall hold a permanent appointment in the System and is entitled to the full benefits of these regulations.

5.7 Provisional Appointments. When there is no appropriate eligible list, a management official such as a department or office head may request the filling of a position by provisional appointment. Such appointment shall be limited to a period of ninety (90) days, pending the establishment of an eligible list. However, the Chief may extend a provisional appointment for an additional ninety (90) days if an examination fails to make available a qualified eligible.

Such an emergency appointment period shall not exceed 10 working days, and may be extended by the Chief if the department or office concerned so requests in writing, when the cause is determined to be good and sufficient, and the extension does not exceed twenty (20) additional working days. All persons receiving emergency appointments shall be required to meet the minimum qualification requirements of the class of position to which appointments are sought.

5.9 Probationary Appointments. An appointee, not a permanent employee of the System, appointed to a permanent position from an eligible list resulting from an open examination, shall serve a probationary period of one (1) year from the beginning of his initial employment in the System before his probationary appointment may be converted into a permanent appointment.

5.10 Promotion or Transfer. A regular employed who is promoted or transferred to another position in the System shall be required to serve a new probation period in his new position, but he shall be entitled to all the rights and privileges of a member of the System, except the right to appeal a case of removal from the new position, as distinguished from dismissal from the System. In case of such removal, the employee shall be reinstated in his former or in another position in the same class without prejudice.

a. Position Classification means the process by which positions in an organization are identified according to their duties and responsibilities, like positions segregated into groups called classes, and a systematic record made of the classes found, and of the particular positions found of each class.

b. Class means one position or a group of positions sufficiently similar in respect to their duties, responsibilities, and authority that the same title may be used with clarity to designate each position allocated to the class. The same standard qualifications may be required of all incumbents, the same test of fitness may be used to choose qualified employees, and the same schedule of compensation may be applied with equity under the same or substantially the same employment conditions; and sufficiently dissimilar from any position or any other group of positions to warrant exclusion from those groups of positions.

The class title assigned to a position in accordance with he Position Classification Plan, shall be the official title and will be used for all personnel, budgetary and financial purposes. In addition, the official title should be used for all position organization charts.

c. Position means a specific employment, whether occupied or vacant, consisting of a group of all the current duties and responsibilities assigned by competent authority and requiring the full or part-time employment of one person.

h. Class Specification means an official position classification plan document describing the general characteristics of the class, including the official class title, a description of the scope of duties and responsibilities of the class, examples of work or typical duties, performed, and a statement of the qualifications required to perform the work of the class.

i. Occupational Group means a major subdivision of a position classification plan, generally embracing several series of classes of positions in associated or related work specialties, professions, or related, activities (e.g. Clerical and Machine Operation; Administrative, Management, and Allied; Agriculture and Allied; etc., make up an occupational group).

j. Series of Classes means classes closely related as to occupational specialty but differing in level of difficulty and responsibility and qualifications required (e.g., the three classes of Architect I, Architect II, and Architect III makeup a series)

c. Assigning a title to each class which shall apply to all positions in the class and the characteristics of each class and the standards for the employment in any position in the class shall be prescribed by the Chief subsequent to consultation with the appropriate management officials concerned.

f. Delegation of responsibility, to the degree which he deems appropriate, to other qualified personnel in the Personnel Division to identify positions at certain levels with established classes of positions which have been approved and allocated within the Classification Plan.

d. Assuring that the current duties and responsibilities assigned to positions are completely and accurately described in position descriptions in full and sufficient detail for position classification and all related purposes.

e. Assuring the development, preparation, maintenance, and submissions of factual up-to-date functions, statements, and organization position charts which clearly depict such information as assigned organizational and/or supervisory responsibility, organizational segment identification, employee names with official class titles and pay levels for the positions to which assigned, the title and pay levels of vacant positions which are funded and approved, and other similar essential details.

f. Assisting their employees, to whatever extent necessary, to accomplish their foregoing and to obtain information from authoritative sources, as necessary, to answer specific questions as may be raised by their employees.

6.5 Effective Date. The effective date for an initial allocation or reallocation of a position shall be the first pay period following approval of such action by the Chief. Exceptions to this rule may be made by the Chief only for such reasons as will expedite public business and not result in an inequitable situation.

7.2 Compensation plan. The classes in the Position Classification Plan, when assigned to appropriate pay levels of the Base Salary Schedule as established in the State Public Service System Act of 1979, shall constitute the basic Compensation Plan.

7.3 Definitions. In addition to those definitions covered in the State Public Service System Act, and the State Public Service Salary Act of 1979 the following definitions shall apply in matters covered by this Part:

d. Service Year. Satisfactory service rendered by an employee during a prescribed work year of twelve (12) months; provided that unauthorized periods of absence and leaves without pay of the authorized limit of ten (10) days are made up so that a full year of actual service is rendered.

7.4 Initial Appointments. All initial appointments shall be made at the first step of the appropriate pay level; unless a higher rate shall be necessary to recruit and is appropriate to the qualifications of the applicant, in which case, appointment may be allowed at succeeding steps but not beyond the fourth step. Anyone appointed at a step other than the minimum step is also eligible under these regulations for step increases in the same manner as other employees.

7.5 Promotions. An employee who is promoted form a position in one class to an existing position in a higher class shall be compensated at te lowest step in the new pay level which at least equals the amount of a two (2) step increase in the old pay level. The effective date of the promotion shall be the new service anniversary date for the promoted employee.

7.6 Detail. A detail is the temporary assignment of an employee to a different position for a specified period, with the employee returning to his regular position and duties at the end of the detail. Technically, a position is not filled by a detail, as the employee continues to be the incumbent of the position from which detailed. Normally, whenever it is anticipated that the need for a detail will exceed ninety (90) days, it is more appropriate to effect a temporary promotion if the employee is qualified at the higher grade. Individuals who do not meet the qualification standards of the position to the higher grade cannot be temporarily promoted and, therefore, must voluntarily agree to any period for which the detail exceeds ninety (90) days. An employee may specifically also be detailed to a set of duties, which must be described in a task list, when the Government. s need for necessary or emergency services cannot be obtained by other desirable or practical means.

7.7 Acting Assignment. An "Acting Assignment" is the designation in writing, that an employee will act for a period of up to thirty (30) days in place of a supervisor. When the supervisor's absence exceeds the initial thirty (30) day period, a new designation shall be made for an additional thirty (30) days.

1. Statements descriptive of areas in, which the employee has performed excellently, e.g., initiatives, judgement, quality, productivity, job knowledge, and communications. For supervisory positions, such additional factors as development of others, leadership, and job planning must be described.

2. Statements must clearly relate the foregoing with most important and key duties and responsibilities within the employee's position. For example, productivity in terms of volume could be critical in some positions such as clerical work, but of little importance in teaching positions. Also, it must be recognized that positions often contain a variety of duties with some being less difficult or less responsible than others. For obvious reason, a recommendation and request for a merit increase cannot be based on these lower aspects of a position.

An employee who has attained the top salary step of his pay level cannot be accorded a merit increase, and other means should be sought to recognize superior performance. The Incentive Awards Program is one means of accomplishing this.

An employee receiving a merit increase will also receive his next within-grade increase based on satisfactory performance and completion of the prescribed waiting period since his last within-grade increase. This thirty (30) day renewal of the "acting" assignment is repeated until the supervisor returns (90) days, the employee shall be temporarily promoted if he meets the qualification standards of the position. If the acting assignment exceeds ninety (90) days and the employee does not meet the qualifications standard of the position, the employee may temporarily promote to an intermediated grade if one exists and he meets the qualifications requirements, or if the employee does not meet the qualifications standards of either the target grade or the intermediate grade, he shall be compensated with two (2) steps in his current pay level, but may not exceed the maximum step. In either case, the return to his former salary (grade and step) at the end of the temporary assignment will be done in the same manner as provided under Sub-Part 7.8.

7.8 Temporary Promotion. A temporary promotion is utilized when it is anticipated that an employee will temporarily occupy a position for a period in excess of three (3) months. An employee can be temporarily promoted only if he meets the qualification standards of the new position. The employee temporarily promoted, shall be compensated at the step in the new pay level which is at least equal to an increase of two steps at his current pay level. The employee must be informed in advance and agree, in writing, that at the expiration of the temporary promotion, he will he returned to the former salary (grade and step) that he would be receiving had he remained in the former position. No temporary promotion shall exceed a period of one (1) year.

7.9 Demotion. An employee demoted, through no fault of his own, to a position in a lower pay level, shall be compensated at the rate which does not exceed his pay rate. Where his existing rate exceeds the rate of the maximum step of the lower pay level, the employee shall be compensated at such maximum step. An employee demoted as a disciplinary measure shall have his compensation reduced to the corresponding step of the lower pay level, and may, with the approval of the Chief, be compensated at a lower step. An employee demoted for non-disciplinary reasons, during a new probationary period, to the class of position from which he was promoted, shall be compensated at the pay level and step received immediately prior to his promotion, with credit for the period of promotion.

7.10 Transfer. An employee who is transferred to a different position at the same pay level shall receive no change in compensation. A two (2) week notice period must be given the losing supervisor or department prior to effecting a transfer.

7.11 Effect on Service Anniversary Date. An employee's service anniversary date will not be affected by a detail, "acting" assignment, temporary promotion, demotion (other than for disciplinary reasons), or transfer action. A service anniversary date will be changed, however, with the approval of the Chief or his designee, to the effective date of a demotion for disciplinary reasons.

All actions taken to the provisions of Sub-Parts 7.4, 7.5, 7.6, 7.8, 7.9, and 7.10 should be reported on a Personnel Action Form, or a Request for Personal Action Form, as appropriate, and maintained as permanent records in the Official Personnel Folder.

a. An employee whose position is reallocated to a class assigned a higher pay level shall be compensated at the lowest step in the higher pay level which at least equals the amount of a one (1) step increase in the lower pay level.

b. An employee whose position is reallocated to a class assigned a lower pay level shall be compensated at that rate in such lower pay level shall be compensated at that rate in such lower pay level which does not exceed his existing rate. where the employee. s existing rate is beyond the maximum step of the lower pay level, he shall be compensated at such maximum step of the lower pay level. He shall receive any benefits due to any future changes in salary rates.

8.3 Reassignment of a Class to a Different Pay level. Employees occupying positions in a class which is reassigned to a different pay level shall be compensated in the same manner as provided in Sub- Parts 8.1 (b.). There shall be no change in their service anniversary dates.

8.4 Performance Increases. When an employee. s performance, as measured through an objective evaluation has met accepted standards of productivity during a specified period, he may be granted a one-step increase in his base salary. For an increase to step 2, 3, or 4, the required period is one service year; for an increase to step 5, 6, or 7, the required period is two service years. No employee may have a base salary above step 7 of his pay level. An employee assigned to part-time or intermittent work who works not less than 40 hours a month will be eligible for a performance increase only when the cumulative total of hours worked since his initial appointment or since his last performance been evaluated as meeting required standards.

a. Performance Procedures. An employee granted a performance increase following completion of not less than the required period of satisfactory service as defined above will be advanced to the next higher step in the salary range for his pay level.

b. Responsibilities. The Chief is responsible for administering and interpreting this Regulation, reminding management officials of the service anniversary dated of their subordinated, and processing performance increase personnel actions. Management officials are responsible for verifying the information received from the Personnel Division about the service anniversary dates of their employees and for initiating performance increase Personnel Action Forms as appropriate. The effective date of such Personnel Action shall be granted with consideration for the quality of each employee. s service, as shown by performance ratings and other evidence, and for the availability of budgetary funds.