TITLE 18. Public
Service System
Chapter
1. General Provisions
Section
18.101. Short title. This Title is known and may be cited as the
“State Public Service System Act.”
Background
Title 18,
Chapters 1-6 added by State Law 6-131.
Section 18.102. Definitions. In this Title, unless the context requires
otherwise, the following definitions shall apply:
(1) "Adjusted
base salary" means the total of base salary plus market place premiums and
foreign service premiums. If an
employee is not entitled to either of these premiums, his adjusted base salary
means his base salary.
(2) "Base
salary" means the specific rate of pay for a given pay level and step as
contained within the base salary schedule established by law. Base salary does not include differentials,
premiums, or other allowances for night work, transfer, overtime, holiday work,
travel per diem, or other similar compensation or reimbursement.
(3) "Branch
Head" means the head of each of the respective three branches of
government: Governor for the Executive, Speaker for the Legislature and Chief
Justice for the Judiciary. For purposes
of this Title, ‘Executive’ includes Kosrae State Government agencies, but does
not include any authority, publicly financed enterprise or public corporation
granted authority to retain and terminate employees upon such terms and
conditions as it deems appropriate.
(4)
"Class" or "class of positions" means a group of
positions sufficiently similar so that all can reasonably be identified by the
same title, be filled by applying the same qualification standards, and be
equitably compensated by the same salary level. A class may consist of only one position or any greater number of
positions.
(5) “Director” means
the Director of the Department of Administration and Finance.
(6) "Eligible
list" means a list of persons who have been found qualified for
appointment to a position in a particular class. Such a list may be either reemployment, promotional, or
open-competitive.
(7) "Eligible
person" or "eligible" means a person whose name is on an active
eligible list.
(8)
"Employee" means a person holding a position in the public
service, whether permanently or otherwise.
(9) "Management
official" or "management" means a supervisor of a division,
Branch Head or other person authorized to make appointments or changes in
status of employees in public service.
(10)
"Open-competitive examination" means an examination for
positions in a particular class, admission to which is not limited to persons
employed in the public service.
(11) "Open-competitive
list" means a list of persons who have been found qualified by
open-competitive examination for appointment to a position in a particular
class.
(12) “Oversight
Board” means a three member board consisting of each Branch Head, or their
designee, that will create and control policy and promulgate rules and
regulations for the Public Service System.
(13) "Position"
means a group of duties and responsibilities assigned by the respective
management official to be performed by one person, working full-time or
part-time. A position may be either
occupied or vacant.
(14) "Position
Classification plan" means the arrangement in a systematic order of the
titles of all classes existing in the public service, with a description of
each class, as agreed to by the Oversight Board.
(15) "Probation
Period" means a period of probationary employment status of not less than
6 months nor more than 1 year from the beginning of an employee's service in a
particular position or class in the public service.
(16) "Promotional
examination" means an examination for positions in a particular class,
admission to which is limited to regular employees in the public service.
(17) “Promotional
list” means a list of persons who have been found qualified by a promotional
examination for appointment to a position in a particular class.
(18) "Public
service" means all offices and other positions in the Government of the
State of Kosrae not exempted by Section 18.107 of this Chapter.
(19) "Reemployment
list" means a list of persons who have been regular employees in the
public service and who are entitled to have their names certified for
appointment to a position in the class in which they last held permanent
status, or in a related class in the same or a lower salary range for which
they meet the qualification requirements.
(20) "Regular
employee" or "permanent employee" means an employee who has been
appointed to a position in the public service and who has successfully
completed a probation period.
Background
Subsections
(2) and (3) amended by State Law 6-132.
Section amended by State Law 7-47.
Section
18.103. Merit Principles. The State Public Service System shall be
administered in accordance with the merit principles set forth below:
(1) Equal opportunity for all regardless of sex,
race, religion, political affiliation, ancestry or place of origin.
(2) No
discrimination against any person because of a physical handicap unconnected to
his ability to perform effectively the duties of the position in which he is
employed or in which he is seeking employment; provided that the employment of
such physically handicapped person will not be hazardous to him nor endanger
the health or safety of others.
(3) Impartial selection of the ablest person for
public service by means of tests which are fair, objective, practical and the
avoidance of family hiring based solely on family status.
(4) Just opportunity for competent employees to
be promoted within the service.
(5) Reasonable job security for competent
employees, including the right of appeal from adverse personnel actions as
provided in this Title.
(6) Systematic classification of all positions
through objective job analysis.
(7) Fair and reasonable grievance procedures,
appropriate to conditions of employment, for all employees.
(8) Proper employer-employee relations to
achieve a well-trained, productive, and happy work force.
Section
18.104. Preference to citizens. (1)
Notwithstanding the provisions of Section 103 of this Title, with a view
to insuring full participation by FSM citizens and residents of this State in
its public service, preference shall be given to qualified FSM citizens and
residents of Kosrae State in making appointments and promotions and providing
opportunities for training.
Section
18.105. Tenure. Every regular employee shall be entitled to
hold his position during good behavior, subject to suspension, demotion,
layoff, or dismissal only as provided in this Title and in any regulations,
rules or directives adopted in pursuance thereof; provided, however, that the
tenure of a contract employee is the term of his contract.
Section
18.106. Nondiscrimination. No employee in the public service shall be
suspended, demoted, dismissed, laid off, or otherwise discriminated against
because of sex, marital status, race, religious or political preference, place
of origin, or ancestry.
Section
18.107. Application and exemptions.
The State Public Service System shall apply to all employees and
positions in the government of the State of Kosrae now existing or hereafter
established and to all personnel services performed for that government except
the following, unless this Title or provisions
are specifically made applicable to them:
(1) Members of
the Kosrae State Legislature.
(2) The
Governor and Lieutenant Governor of Kosrae State.
(3) Justices
and other judges of the State courts.
(4) The
Attorney General and Assistant Attorney General.
(5) Persons
appointed by the Governor with the advice and consent of the Legislature.
(6) Court
Counsel.
(7) The
Legislature’s Legal Counsel.
(8) Persons or organizations retained by
contract when the Branch Head has certified that the service to be performed is
special or unique and non permanent and is essential to the public interest,
and that, because of the degree of expertise or special knowledge required and
the nature of the services to be performed, it would not be practical to obtain
personnel to perform such services through normal public service recruitment procedures.
(9) Contract
employees during life of the contract, except if renewed or amended.
(10) Temporary
positions, required in the public interest, for which the need does not exceed
6 months.
(11) Positions
requiring part-time or intermittent work which does not exceed 60 hours in any
calendar month.
(12) Positions
filled by inmates, patients and students of institutions of Kosrae State.
(13) Members
of any board, public corporation, commission, or similar body, in their
capacity as such.
(14) Positions
specifically exempted by any other law of Kosrae State.
Nothing in
this Section shall be deemed to affect the public service status of any
incumbent as it existed on the effective date of this Title.
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.
Chapter
2. Administration
Section
18.201. Establishment of system. There is hereby established in the Kosrae
State Government a system of personnel administration based on merit principles
and accepted personnel methods governing the classification of positions and
the employment, conduct, movement and separation of public officers and
employees. This system of personnel
administration shall be referred to as the “State Public Service System.”
Section
18.202. Application of system. The State Public Service System is
applicable to all branches of the State Government. Application and administration of the State Public Service System
will be through a cooperative effort of the Branch Heads, the Oversight Board,
and the Director. The Oversight Board
shall create and control policy and promulgate rules and regulations for the
State Public Service System by unanimous consent. The Branch Heads, or the Branch Head’s designee, is responsible
for all hiring decisions, disciplinary actions, suspensions, terminations,
reduction in force, promotion, administrative directives, and other specific
decisions which affect their branch of government and are not inconsistent with
Title 18 or the policies, rules and regulations adopted by the Oversight
Board. The Director shall be
responsible for administering the public service system consistent with Title
18 and the policies, rules and regulations adopted by the Oversight Board.
The Director shall maintain a
current roster of all employees of the State Public Service System indicating
the duties of each employee, the class of position held, the salary, and any
other appropriate data. The Oversight
Board shall approve the position classification plan that identifies class
specifications for each class within the State Public Service System, including
appropriate pay levels.
The Oversight Board shall approve
the system of performance evaluation to be administered and utilized for
appraising the productivity of the employees in the State Public Service
System. The Branch Heads shall utilize
the performance evaluations for employees within their respective branches and
transmit them to the Director for administrative purposes.
The Oversight Board shall approve
the system of recruitment and selection procedures and methods to be
administered for employment in the State Public Service System. The Director shall administer the system of
recruitment and selection consistent with Title 18 and the policies, rules and
regulations adopted by the Oversight Board.
Repealed and
replaced by State Law 7-47.
Chapter
3. Hiring and Promotion of Employees
Section
18.301. Recruitment and placement. Except as otherwise provided in this Title,
all positions covered by this Title and for which appropriations have been made
shall be recruited by advertisement, for the period and by the media which are
appropriate in the circumstances. The
advertisement shall include at least the position title, the salary, a brief
description of the class, the location of the vacancy or vacancies, the
qualification standards required, and the time and place of the examination, if
any. The closing date for filing
applications shall be clearly stated.
On applications which are mailed, the date stamp of the post office on
the mailing envelope shall be used to determine compliance with the deadline
stated in the advertisement.
Section
18.302. Position classification. The position classification plan shall
classify all positions subject to the provisions of the State Public Service
System according to their duties and responsibilities and shall be grouped into
classes on the basis of their similarities in duties, and responsibilities and
desirable qualifications. In preparing
the position classification plan, the Director shall consult with the
appropriate Branch Head and/or the management official. The Oversight Board shall approve and adopt
any position classification plan, including any reclassification plans, by
unanimous consent.
Repealed and
replaced by State Law 7-47.
Section
18.303. Examinations.
(1) General Character. There shall be competitive examinations, whenever possible and as
determined by the Branch Heads, or as required in the position classification
plan, to test the relative fitness of candidates for public service positions
covered by this Act. Examinations may
be written, oral, performance or any combination thereof, and shall provide for
ascertaining the physical and educational qualifications, experience,
knowledge, and skill of applicants and their relative capacity and fitness for
the duties of the positions they seek.
All examinations shall be free and, except for promotional examinations,
shall be open to all candidates, but with such limitations in regard to health,
physical condition, education, training, experience, and other relevant matters
as are appropriate to the class for which the examination is given. All examinations shall be administered by
the Director, or such person as he may designate, to administer them. All persons who have passed an examination
may be required to take such physical examination as may be specified by the
Director.
(2) Promotional Examination. Examinations may be promotional whenever, in
the opinion of the Branch Head, such examinations are practical and for the
best advantage of public service. The
Director shall give ample notice of any promotional examination.
(3) Open-Competitive Examination. Examinations shall be open-competitive
whenever, in the opinion of the Branch Head, such examinations are practical
and for the best advantage of the public service. The Director shall give ample notice of any open-competitive
examination.
(4) Noncompetitive Examination.
Noncompetitive examinations may be given when, in the opinion of the
Branch Head, the class for which the examination is to be given calls for
special qualifications which could not practically be evaluated through
competition, or when the number of qualified candidates does not exceed the
number of vacancies to be filled.
Amended by
State Law 7-47.
Section
18.304. Eligible lists.
(1) General.
The Director shall establish and maintain separate eligible lists for
all classes in which vacancies exist or are anticipated. Eligible lists may be open-competitive,
promotional or reemployment registration.
An eligible list may remain active for 1 year, except that the name of a
person otherwise eligible may remain on a reemployment list for 3 years. The active life of an open competitive or
promotional list may be extended by the Director if candidates thereon remain
available and there are more vacancies to be filled than names on the list.
(2) Reemployment Lists. Whenever any employee who has been
performing his duties in a satisfactory manner, as shown by the appropriate
records, is laid off or demoted because of lack of work or lack of funds, or
has voluntarily accepted a position in a lower class, or whenever such an
employee's position has been reclassified to a lower class, he shall have the
right to have his name registered on the appropriate reemployment list for a
period of 3 years thereafter by filing a written application for
registration. Such application form
shall be provided to him at the time of notification of adverse personnel
action. A person on a reemployment list
shall be eligible for certification to positions in the class in which he last
held permanent status or in a related class, in the same or a lower salary
range, for which he meets qualification requirements.
Amended by
State Law 7-47.
Section
18.305. Filling of vacancies. All vacancies and new positions in the
public service shall be filled in the following manner:
(1) Whenever there is a position to be filled,
the management official or supervisor shall ask the Director to submit a list
of persons eligible for the position.
The Director shall thereupon certify a list of all eligible applicants
in the following order: first, re-employment lists; second, promotional lists,
and third, open-competitive lists. The
management official shall make the appointment from the list of eligibles
submitted to him unless he finds no person available and acceptable to him on
the list, in which case he will ask the Director to certify a new list.
(2) A management official may fill a vacant
position in his department, office or other agency by promoting any regular
employee therein without examination, if the employee meets the minimum class
qualifications of the position to which he is to be promoted, and if the
position is in the same series as the position held by the employee or is
clearly an upward progression in the same career-ladder of positions; provided
that a qualified employee who is an FSM citizen and resident of Kosrae State
shall be given preference for promotion over a noncitizen, nonresident
employee; and provided further, that when there is no material difference
between the qualifications of employees holding the same citizenship status,
the employee with the longest public service will receive first consideration
for promotion.
Amended by
State Law 7-47.
Section
18.306. Disqualification from
appointment.
(1) Conviction
of a felony shall not be a bar to employment in the public service unless the
Branch Head determines that the nature of the felony renders the candidate
clearly unsuitable for the position. A
pardon shall operate to remove any bar to employment which would have arisen as
a result of the felony for which the pardon was granted.
(2) The commission of or the attempt to commit
any material deception or fraud in connection with any application or
examination shall cause removal and permanent disqualification from appointment
in public service, after proper notice and hearing.
Section
18.307. Provisional and short term
employment.
(1) Provisional Appointment. When there is no eligible person available
on a list appropriate for filling a vacancy in a continuing position and the
public interest requires that it be filled before eligibles can be certified,
the Branch Head may authorize the filling of the vacancy through provisional
appointment. The Branch Head shall
communicate to the Director the need for an examination. The Director shall
proceed without delay to announce an examination to fill the vacancy. The provisional appointment shall be made
only to a person who meets the minimum requirements for the position and their
appointment may continue only for such period as may be necessary to make an
appointment from an eligible list but shall not extend beyond 90 days; provided
that the Branch Head may extend the provisional appointment for a maximum of 90
additional days if an examination has failed to secure an eligible person.
(2) Emergency Appointment. To prevent the stoppage of essential public
business, management officials may make emergency appointments, not to exceed
10 working days, to fill positions temporarily in any serious emergency when
time is insufficient to follow normal appointment procedure. The Branch Head may, for good and sufficient
cause stated in writing by the management official concerned and to the
Director, extend the appointment for an additional period not to exceed 20
working days.
(3) Qualifications, Provisional and temporary
appointees must meet the qualification requirements for the class of the
position to be filled.
Amended by
State Law 7-47.
Section
18.308. Probationary service.
(1) Every employee shall successfully serve a
probation period before becoming a regular employee. An employee whose services are unsatisfactory during his
probation period may be dismissed from the public service at any time by the
responsible management official. An
employee so dismissed shall have no right of appeal; but if the employee so
requests, the Branch Head may, in his discretion, request the Director to
insert the employee's name on the eligible list or lists for other positions in
the same class.
(2) A regular employee who is promoted or
transferred to another position in the public service shall be required to
serve a new probation period in his new position, but he shall be entitled to
all rights and privileges of a member of the public service system except the
right to appeal in case of removal from the new position, as distinguished from
dismissal from the public service.
(3) When a provisional or temporary appointee
subsequently becomes a probationary employee, the period of service in
provisional or temporary status shall be counted toward meeting the probation
period required by this Section.
Subsection (1)
was amended by State Law 7-47.
Chapter
4. Employee Rights.
Section
18.401. Performance evaluations. The Oversight Board shall develop a system
of performance evaluation for the purpose of appraising the productivity of
employees in the public service. Each
management official shall rate each employee under his jurisdiction at least
once a year. The Director shall
standardize performance evaluation criteria for the same class in various
Branches and develop evaluating procedures subject to the approval of the
Oversight Board. The Branch Head shall
certify all final evaluations. A copy
of each evaluation shall be given to the employee affected, a copy shall be
retained by the Branch Head and the original kept in the Director’s personnel
files. The management official shall
give written notification to any employee whose performance in his position is
substandard. Performance evaluations shall be used in determining eligibility
for retention status in reduction-in-force, promotions, change in
duties/reallocation decisions, transfers, change in status (as from probation
to permanent, temporary to permanent, etc.) and step increases.
Background
Amended by State Law 6-132 and
State Law 7-47.
Section
18.402. Outside employment.
(1) No employee subject to the provisions of
this Title shall engage in any outside employment or other outside activity
which is not compatible with the full and proper discharge of the
responsibilities of his position or is otherwise prohibited by law. It shall be deemed incompatible with such
discharge of responsibilities for any such employee to accept any fee,
compensation, gift, payment of expenses, or any other thing of monetary value
in circumstances such that acceptance may result in, or create the appearance
of resulting in:
(a) use of office for private gain;
(b) an undertaking to give preferential
treatment to any person;
(c) impeding government efficiency or economy;
(d) any loss of complete independence or
impartiality;
(e) the making of a government decision outside
official channels; and
(f) any adverse effect on the confidence of the
public in the integrity of the government.
(2) No employee subject to the provisions of
this Title shall receive compensation or anything of monetary value, other than
to which he is duly entitled from the government, for the performance of any
activity during his service as such employee within the scope of his official
responsibilities.
Section
18.403. Employee associations. Employees shall have the right to form
associations for the purpose of presenting their views to the government and
shall be free from restraint or reprisal in exercising this right. The government shall give reasonable
opportunity to representatives of such associations to present their views.
Section
18.404. Grievances. The Oversight Board shall publish and enact
regulations which prescribe a system for hearing the views of employees on
their working conditions, status, pay and related matters, and for hearing and
adjudicating grievances of any employee or group of employees. These regulations shall ensure that
employees are free from coercion, discrimination, and reprisals and that they
may have representatives of their choice.
Amended by
State Law 7-47.
Section
18.405. Leaves of absence. Branch Heads, or other appropriate
management officials, may grant leaves of absence, with or without pay,
pursuant to regulations adopted by the Oversight Board.
Repealed and
replaced by State Law 7-47.
Section
18.406. Resignation.
Resignations shall be in writing. If an
employee ceases work without explanation for more than 6 consecutive working
days, the management official shall file with the Branch Head and the Director
a statement showing termination of employment because of abandonment of
position. The management official shall
promptly transmit a copy of the statement to the employee by the most practical
means.
Background
Amended by
State Law 7-47.
Section
18.407. Reduction in force. The
Oversight Board shall develop and promulgate regulations, directives or rules
to govern the conditions under which an employee shall be laid off from his
position when lack of work or lack of funds make such action necessary. In establishing such order of layoff,
consideration shall be given, first, to the employee's individual merit, as
shown by performance evaluations; second, to his qualifications of education, training
and experience; third, to his seniority as measured by total creditable
service.
Amended by
State Law 7-47.
Section
18.408. Retirement. An employee is not older than sixty years of
age. Subject to appropriation, an
employee who has worked eighteen quarters for the public service and has
retired from said employment after reaching fifty-five years of age may be
eligible for pension benefits until he reaches sixty years of age. The Director shall transmit to the
Legislature, no later than September 1 of each year, a bill to appropriate the
estimated amount of funds to be needed for the upcoming fiscal year, using for
their estimate the rate of monthly benefits available to Social Security
retirement beneficiaries.
Amended by
State Law 7-47.
Section
18.409. Personnel Records. The official personnel records of all
employees, whatever their type of status, shall be maintained in one location
with the Director and safeguarded for confidentiality. The Director shall provide a copy of the
personnel records to the Speaker of the Legislature and the Chief Justice of
the Kosrae State Court for the employees of their respective branches. The Director shall provide any employee a
copy of their personnel records after a written request has been made.
Added by State
Law 7-47.
Chapter
5. Discipline
Section
18.501. Suspension. A management official may, for disciplinary
purposes, suspend any employee without pay for such length of time as he
considers appropriate but not to exceed 30 days at any one time or 60 days in any 12 month period. The management official shall transmit
written notice to the Director upon suspension of an employee. No single suspension for a period of more than
3 working days, whether consecutive or not, shall take effect until the management
official transmits to the employee, by the most practical means, a written
notice setting forth the specific reasons for the suspension and the employee's
right to appeal. A copy of the notice
shall be filed with the Branch Head and the Director without delay. With the approval of the Branch Head, an
employee may be suspended for a period longer than 30 days pending the
investigation of any charge against
him. When an employee has been
suspended pending such an investigation and the charge is subsequently dropped,
he shall be reinstated in his position with full pay and benefits retroactive
to the date of suspension.
Amended by
State Law 7-47.
Section
18.502. Dismissal; demotion. A
management official may, for disciplinary reasons, dismiss or demote an
employee when he determines that the good of the public service will be served
thereby. Demotions may also be made for reasons other than disciplinary ones;
regulations, rules or directives shall specify the circumstances in which such
demotions may be authorized. No
dismissal or demotion of a permanent employee shall be effective for any
purpose until the management official transmits to the employee, by the most
practical means, a written notice setting forth the specific reasons for the
dismissal or demotion and the employee's rights of appeal. A copy of the notice shall be filed with the
Branch Head and with the Director without delay.
Amended by
State Law 7-47.
Section
18.503. Appeals Panel. Each
Branch Head shall appoint not fewer than five persons to constitute a panel
from which ad hoc hearing committees may be drawn for the purposes set forth in
this Title. Each person shall be
appointed for a two year term. The
Branch Head may remove any of his appointments for cause. Persons appointed shall be nonexempt
employees of the Kosrae State Government, of mature judgment and
experience. The panel should include at
least one member from each of the three branches of government.
Amended by
State Law 7-47.
Section
18.504. Appeals Process. Any regular employee who is suspended for
more than the 3 working days, demoted, or dismissed may appeal to the Branch
Head or his designee within 15 calendar days after written notice of the
suspension, demotion or dismissal has been transmitted to him. Any regular employee who has a grievance
which has been handled pursuant to the grievance procedure as set forth in
regulations to be promulgated by the Oversight Board, and who is still
unsatisfied with the final decision may appeal to the Appeals Board pursuant to
the applicable regulations. Upon
receiving such appeal, the Branch Head, or his designee, shall form an ad hoc
hearing committee of three members, drawn from the panel established under
Section 18.503 of this Chapter.
(1) The ad hoc committee shall comprise one
member chosen by the Branch Head, one chosen by the appellant, and a third
chosen jointly by the first two members.
If the first two members are unable to agree on the choice of a third
member, the third member shall be selected by lot from among the remaining
members of the panel.
(2) No member of an ad hoc committee shall be an
officer or employee of the division the appellant was or is assigned, or a
close relative of either appellant or the responsible management official.
(3) Members of the ad hoc committee shall not be
entitled to additional compensation for such service, but shall be reimbursed
for necessary expenses connected with any hearings to which they are assigned.
Amended by
State Law 7-47.
Section
18.505. Hearing.
(1) The hearing shall be held within 15 calendar
days after the Branch Head receives the Appeal, unless the appellant requests a
delay. At the hearing, the appellant
and the responsible management official shall each have a right to be heard, to
present evidence, to be confronted by the adverse witnesses, and to be
represented by counsel of his own choosing.
(2) At the hearing, technical rules of evidence
shall not apply and evidence shall be taken stenographically or by a recording
machine. The committee shall on its own
motion or on that of the Branch Head of the appellant, management official or
appellant, subpoena witnesses and tangible evidence, when such witness or
evidence are relevant and material to the hearing. Hearings shall be public except when the appellant requests a
closed hearing.
Amended by
State Law 7-47.
18.506. Recommendations. The committee shall
prepare a full written statement of its findings of fact and its
recommendations for action within 7 calendar days after the close of the
hearing. Its recommendations may
include modification or reversal of the disciplinary action, from which appeal
was taken. They shall forthwith
transmit that statement, with such supporting documentation as it deems
appropriate, to the appropriate Branch Head and the Director. The decision of the Branch Head and the
Director shall be final. The Branch
Head shall transmit a copy of his decision to the Director and the Appellant
within 14 calendar days of receipt of the recommendation of the committee.
Amended by
State Law 7-47. Further amended by
State Law 7-119.
Section
18.507. Judicial review of contested
cases.
(1) A person adversely affected or aggrieved by
a final decision made pursuant to this Chapter is entitled to judicial review
of that decision in the Kosrae State Court.
The Court shall conduct a de novo trial of the matter and may receive in
evidence any or all of the record from the administrative hearing that is
stipulated to by the parties.
(2) The reviewing court shall decide all
relevant questions of law and fact, interpret constitutional and statutory
provisions, and determine the meaning or applicability of the terms of an
agency action. The reviewing court
shall:
(a) compel agency action unlawfully withheld or
unreasonably delayed;
(b) hold unlawful and set aside agency actions
and decisions found to be:
(i) arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with law;
(ii) contrary to constitutional right, power,
privilege, or immunity;
(iii) in excess of statutory jurisdiction,
authority, or limitations, or a denial of legal rights;
(iv) without substantial compliance with the
procedures required by law; or
(v) unwarranted by the facts.
Repealed and
replaced by State Law 7-132.
Chapter
6. Compensation
Section
18.601. Salary schedule.
(1) There shall be a single salary schedule for all
employees and positions in the public service.
The Director shall assign each class of positions to an appropriate
salary level of such schedule based on the position classification plan adopted
by the Oversight Board.
(2) No salary
schedule or change in any salary schedule for employees of the Kosrae State
Public Service System, except those excluded by provisions under this Title,
shall be effective unless it shall have been enacted into law by the Kosrae
State Legislature.
(3) The salary of each public service position
is pursuant to lawful classification by step and pay level of the position and
to the base salary schedule of biweekly salary rate appearing in the following
table:
|
Steps |
1 |
2 |
3 |
4 |
5 |
6 |
7 |
8
|
9 |
10 |
||||||||
|
Levels |
|
|
|
|
|
|
|
|
|
|
||||||||
|
1 |
83.16 |
86.86 |
91.25 |
94.25 |
97.94 |
101.64 |
105.95 |
110.26 |
114.57 |
118.89 |
||||||||
|
2 |
86.86 |
91.25 |
94.25 |
97.94 |
101.64 |
105.95 |
110.26 |
114.57 |
118.89 |
123.20 |
||||||||
|
3 |
91.25 |
94.25 |
97.94 |
101.64 |
105.95 |
110.26 |
114.57 |
118.89 |
123.20 |
129.97 |
||||||||
|
4 |
94.25 |
97.94 |
101.64 |
105.95 |
110.26 |
114.57 |
118.89 |
123.20 |
129.97 |
138.75 |
||||||||
|
5 |
97.94 |
101.64 |
105.95 |
110.26 |
114.57 |
118.89 |
123.20 |
129.97 |
138.75 |
148.45 |
||||||||
|
6 |
101.64 |
105.95 |
110.26 |
114.57 |
118.89 |
123.20 |
129.97 |
138.75 |
148.45 |
158.85 |
||||||||
|
7 |
105.95 |
110.26 |
114.57 |
118.89 |
123.20 |
129.97 |
138.75 |
148.45 |
158.85 |
169.93 |
||||||||
|
8 |
110.26 |
114.57 |
118.89 |
123.20 |
129.97 |
138.75 |
148.45 |
158.85 |
169.93 |
181.89 |
||||||||
|
9 |
114.57 |
118.89 |
123.20 |
129.97 |
138.75 |
148.45 |
158.85 |
169.93 |
181.89 |
194.57 |
||||||||
|
10 |
118.89 |
123.20 |
129.97 |
138.75 |
148.45 |
158.85 |
169.93 |
181.89 |
194.57 |
208.21 |
||||||||
|
11 |
119.84 |
126.43 |
134.97 |
144.40 |
154.52 |
165.30 |
176.91 |
189.27 |
202.53 |
216.90 |
||||||||
|
12 |
126.43 |
134.97 |
144.40 |
154.52 |
165.30 |
176.91 |
189.27 |
202.53 |
216.90 |
231.88 |
||||||||
|
13 |
134.97 |
144.40 |
154.52 |
165.30 |
176.91 |
189.27 |
202.53 |
216.90 |
231.88 |
248.06 |
||||||||
|
14 |
144.40 |
154.52 |
165.30 |
176.91 |
189.27 |
202.53 |
216.90 |
231.88 |
248.06 |
265.44 |
||||||||
|
15 |
154.52 |
165.30 |
176.91 |
189.27 |
202.53 |
216.90 |
231.88 |
248.06 |
265.44 |
284.02 |
||||||||
|
16 |
165.30 |
176.91 |
189.27 |
202.53 |
216.90 |
231.88 |
248.06 |
265.44 |
284.02 |
304.39 |
|||||||
|
17 |
176.91 |
189.27 |
202.53 |
216.90 |
231.88 |
248.06 |
265.44 |
284.02 |
304.39 |
325.36 |
|||||||
|
18 |
189.27 |
202.53 |
216.90 |
231.88 |
248.06 |
265.44 |
284.02 |
304.39 |
325.36 |
348.13 |
|||||||
|
19 |
202.53 |
216.90 |
231.88 |
248.06 |
265.44 |
284.02 |
304.39 |
325.36 |
348.13 |
373.37 |
|||||||
|
20 |
216.90 |
231.88 |
248.06 |
265.44 |
284.02 |
304.39 |
325.36 |
348.13 |
373.37 |
398.47 |
|||||||
|
21 |
221.05 |
236.47 |
253.04 |
270.74 |
290.17 |
310.16 |
331.86 |
355.92 |
379.85 |
406.69 |
|||||||
|
22 |
236.47 |
253.04 |
270.74 |
290.17 |
310.16 |
331.86 |
355.92 |
379.85 |
406.69 |
435.25 |
|||||||
|
23 |
253.04 |
270.74 |
290.17 |
310.16 |
331.86 |
355.92 |
379.85 |
406.69 |
435.25 |
465.53 |
|||||||
|
24 |
270.74 |
290.17 |
310.16 |
331.86 |
355.92 |
379.85 |
406.69 |
435.25 |
465.53 |
498.09 |
|||||||
|
25 |
290.17 |
310.16 |
331.86 |
355.92 |
379.85 |
406.69 |
435.25 |
465.53 |
498.09 |
532.35 |
|||||||
|
26 |
310.16 |
331.86 |
355.92 |
379.85 |
406.69 |
435.25 |
465.53 |
498.09 |
532.35 |
|
|||||||
|
27 |
331.86 |
355.92 |
379.85 |
406.69 |
435.25 |
465.53 |
498.09 |
532.35 |
|
|
|||||||
|
28 |
355.92 |
379.85 |
406.69 |
435.25 |
465.53 |
498.09 |
532.35 |
|
|
|
|||||||
|
29 |
379.92 |
406.69 |
435.25 |
465.53 |
498.09 |
532.35 |
|
|
|
|
|||||||
|
30 |
406.69 |
435.25 |
465.53 |
498.09 |
532.35 |
|
|
|
|
|
|||||||
The salaries
provided herein are based on fifty-six hours of work in a bi-weekly pay
period.
Background
Amended by
State Law 6-132. Subsection (1) was
amended by State Law 7-47.
Section 18.602. Periodic
review of plan. The Oversight Board shall periodically conduct necessary
and appropriate studies of rates of compensation and pay-related practices in
all geographic areas from which employees for the public service are normally
recruited and shall adopt such amendments to the existing compensation plan as
the Oversight Board deems appropriate; provided that when the amendment
includes changes in the salary schedule, the rates or nature of differentials
or allowances, or other subjects covered in this Title or in other laws, the
Oversight Board shall review the recommendations for transmittal to the
Legislature for its consideration, and that such amendment shall become
effective only after it has been enacted into law. In developing amendments, the Oversight Board shall give
consideration to:
(1) the minimum standard
of living which is compatible with decency and health;
(2) the general
economic conditions of Kosrae State;
(3) compensation
practices and conditions of appropriate labor markets;
(4) conditions of
employment in the Kosrae State Public Service System;
(5) the financial resources estimated to be available to the
State government; and
(5)
such other matters as
the Branch Heads may deem appropriate.
Amended by
State Law 7-47.
Section
18.603. Premiums. To recognize circumstances of employment
which make it appropriate that recognition be given to labor market conditions
outside of Micronesia, the following premiums are provided to public service
employees. When an employee is receiving
a premium in addition to his base salary, the sum of his base salary plus
premium shall constitute his adjusted base salary for the purpose of computing
differentials:
(1) Market
Premium. (a) An employee who is recruited in a location outside Micronesia,
who is a noncitizen of Micronesia, and at the time of original hire, a
nonresident thereof, may be paid a premium based on labor market conditions in
the place of recruitment and on the level of the base salary. (b) A citizen receives the base salary in the
salary schedule provided under Section 18.601. If the employee is (i)
professionally licensed in his field, when applicable (ii) has obtained an
earned professional degree in law or medicine, an earned doctorate in any other
field, or an earned degree in professional engineering awarded upon completion
of a four-year course, from a college or university accredited by a competent
authority in the jurisdiction where the college or university is located; and
(iii) is employed in a position having a requirement for such degree, the
employee also receives thirty-five percent of the market place premium using
the United States of America as the relevant labor market.
(2) Foreign
Service Premium. An employee who is a
citizen of the FSM and who is assigned to a permanent duty station outside
Micronesia may be paid a premium based on labor market conditions in the place
of assignment and on the level of the base salary.
Section
18.604. Differentials. To compensate for unusual circumstances of
employment which create hardships for public service employees, the following
differentials are provided for them;
provided that in no case may an employee receive differentials under
both subsections (1) and (2) of this Section:
(1) Night Work Differential. An employee whose tour of duty includes
regularly scheduled hours falling between 7:00 p.m. and 7:00 a.m. shall be paid
a differential of fifteen percent (15%) of the adjusted base salary for all
hours falling within that period.
(2) Hazardous Work Differential. An employee whose position entails unusual
and extreme hazards to his health or safety shall be paid a differential of
twenty-five percent (25%) of the adjusted base salary for all hours in which
hazardous work is performed.
(3) Overtime
Differential. An employee shall be paid
overtime differential at the rate of time and one-half of his adjusted base
salary for all time when he is directed to work and does work in excess of 8
hours in 1 day; or when he is directed to work and does work a day or days
beyond 5 days in a work week; provided that he has first worked a 40 hour week
straight time; and provided further, that overtime work performed on a holiday
shall be subject to subsection (4) of this Section.
(4) Holiday Differential. An employee who is required to work on a
legal holiday shall be compensated at double his adjusted base salary for all
such hours worked.
(5) Typhoon Emergency Differential. Employees who are required to work in a
location and a period in which a typhoon or other natural catastrophe has been
declared by competent authority, and in which other government employees are
released [from] work because of such conditions, shall be compensated for the
hours worked which such emergency remains in force at the rate of two and
one-half times the adjusted base salary.
The differential provided in this subsection shall not limit the
employee's right to any other differential or allowance to which he may
otherwise be entitled by law or regulations.
(6) Standby Differential. An employee whose position requires him to
remain in standby status or on call, subject to call at any time, for a
regularly scheduled period of 8 or more hours in excess of a normal workweek,
and who, in fact is frequently called during this period of scheduled standby,
shall be entitled to a differential of twenty percent (20%) of the adjusted
base salary.”
Subsections
(3) and (6) amended by State Law 6-132.
Subsection (6) was further amended by State Law 7-47.
Section
18.605. Transfer allowance. To compensate employees for unusual expenses
resulting from changes of work location, the following allowance is provided to
public service employees:
(1) When an employee is recruited or transferred
beyond normal commuting distance from his place of permanent residence for work
elsewhere, he shall be entitled to all justifiable expenses connected with
travel of himself and his immediate family to the new work location and
transportation of a reasonable quantity of household effects.
(2) He shall be entitled to an allowance equal
to per diem at the established rate for the new duty station for a period not
exceeding 15 calendar days from the date of entry into new position.
Section
18.606. Performance increases. When an employee’s performance, as
determined through objective evaluation by the appropriate management official,
has met accepted standards of productivity during a specified period (“the
required period of acceptable performance”), his base salary is increased by
one step in the appropriate level of the base salary schedule. For an increase to step 2, 3, or 4, the
required period of acceptable performance is 52 calendar weeks. For an increase to step 5, 6, or 7, the
required period of acceptable performance is 104 calendar weeks. For an increase to step 8, 9, or 10, the
required period of acceptable performance is 156 weeks. No employee has a base salary above the
maximum step prescribed for his pay level unless he was receiving such
compensation on the effective date of this section.
Background Added by State Law 6-160. Prior Section 18.606, repealed by State Law
6-132.
Section
18.607. Cost of living adjustment. In addition to any other compensation authorized
under this Chapter, an employee is entitled to receive a cost of living
adjustment in the amount provided by legislative appropriation for that
purpose, if any. A cost of living
adjustment provided under this Section is not included in an employee’s base
salary and shall be paid bi-weekly.
Added by State
Law 7-40.
Chapter
7. Early Retirement Program
Background
Title 18,
Chapter 7 added by State Law 6-122 and renumbered by State Law 6-136.
Section 18.701. Short
Title. Chapter 7 of Title 18 of the
Kosrae State Code shall be known and may be cited as the “Kosrae State Early
Retirement Act of 1997”.
Section 18.702. Purpose. The purpose of this chapter is to lower the
long-term cost of Kosrae State Government operations by establishing a program
of early retirement for employees of the State Government due to the impending
reduction in compact funding during the compact step-down and the potential
termination of compact funding after the initial fifteen year compact period.
Section 18.703. Findings. the State finds that:
(a) The State must initiate and implement cost savings
measures as it faces certain reductions and possible future termination of
funds under the Compact of Free Association between the Federated States of
Micronesia and the United States of America.
(b) the State cannot continue to provide essential public
services unless cost-saving and cost reduction measures are implemented
immediately.
(c) The State must ease the impact of the necessary
cost-saving and cost-reduction measures on the people of the State of
Kosrae. An early retirement program
will help to alleviate the fiscal difficulties facing the State of Kosrae.
Section 18.704. Definitions. As used in this chapter, unless the context clearly requires
otherwise, the term:
(a) “Base Salary” means the specific rate of pay based on a
fifty-six hour bi-weekly pay period, for a given pay level and step as
contained within the Base Salary Schedule established by the State Public
Service System Act of 1997, as amended.
(b) “Compact” means the Compact of Free Association between
the Federated States of Micronesia and the United States of America.
(c) “Participating employee” means a permanent employee who
qualifies to participate in the Program as set forth in Section 18.706.
(d) “Permanent
employees” means employees appointed to positions in the public service system
who have successfully completed their probationary employment status.
(e)
"Probationary [employees]” means employees appointed to positions
in the public service system who have not completed their probationary
employment status for a period not less than six months and not more than one
year.
(f) “Program” means
the early retirement program established and prepared within Kosrae State
Government.
Background
Amended by State Laws 6-132 and
6-136.
Section 18.705. Early
Retirement Program: Commencement.
(a) the State hereby establishes a Kosrae State Early
Retirement Program for the benefit of permanent employees recruited pursuant to
the State Public Service System Act whose positions may be abolished from the
public service system in a manner consistent with this chapter and the economic
realities of the State.
(b) The program shall begin on the date the Governor
certifies that there are funds available in the Program for disbursement to
employees and shall continue from the date of certification for a period not to
exceed two years.
(c) The certification shall clearly state the date when the
program will end.
(d) Copies of certification shall be provided to each branch
of the Kosrae State Government.
Section 18.706. Eligibility; Procedures; Requirements. Eligibility for the benefits under the
program shall be determined as follows:
(a) Within 30 days of the commencement of the program, the
Governor of Kosrae for the executive branch, the Chief Justice of Kosrae State
for the judicial branch, the Speaker of the Kosrae Legislature, and the chief
executive officer for each agency of the State Government shall submit to the
Governor, or his designee, a list for their respective branch or agency. Each list may be updated from time to time
and shall include each position:
(1) Which shall be ineligible for inclusion in the
program. A position shall be ineligible
if such position is exempt by law from provisions of the Public Service System
Act, or provides essential public service and if abolished would cause the
Kosrae State Government to fail to provide essential public services;
(2) Which shall be terminated because such position is
redundant, inefficient, no longer funded or subject to abolishment from the
public service without causing a failure by the Kosrae State Government to
provide essential public services; and
(3) Which may be eligible for inclusion in the program.
(b) A permanent employee in a position which shall be
terminated under section 18.706(a)(2) of this chapter shall be deemed a
mandatory participant in the program subject only to the abolishment of the
position. Such abolishment may occur at
anytime during the program period but not less than 60 days after the employee
has received notice that the position is to be abolished. Eligibility for compensation under the
program shall be subject to the criteria in section 18.707(a) of this chapter.
(c) A permanent employee in a position eligible for
inclusion in the program under section 18.706(a)(3) of this chapter may
participate in the program voluntarily by submitting written application to the
Governor or his designee. Eligibility
for compensation under the program shall be subject to the criteria in section
18.707(a) of this chapter.
Section 18.707. Compensation to employees under the
program.
(a) Permanent employees eligible for participation in the
program shall be eligible for compensation under the program if:
(1) There are funds available in the program; and
(2) Long-term cost savings would be achieved by the
employee's participation in the program with compensation; and
(3) The respective branch or agency of the Kosrae State
Government shall abolish the position without compromising essential public
services or such position shall be filled by a permanent or probationary
employee and such employee's previous position shall be abolished.
(b) Permanent employees eligible for participation in the
program and eligible for compensation under the program shall receive the
following compensation:
(1) Persons less than 55 years of age shall receive either:
(a) a lump sum payment equal to 48 bi-weekly base salary
payments; or
(b) a lump sum payment equal to 24 bi-weekly base salary
payments plus periodic payments equal to 26 base salary payments; or
(c) periodic payments equal to 52 bi-weekly base salary payments.
(2) Persons aged 55 or greater but not yet eligible for FSM
Social Security Administration (hereinafter "SSA”) retirement benefits,
shall receive a lump sum payment equal to 6 bi-weekly base salary payments and
a monthly amount equal to such becoming eligible for SSA retirement
benefits. Such payment shall terminate
upon the person reaching the age of 60 or applicable law. The Director of Administration and Finance may
enter into an agreement with the SSA authorizing the SSA to administer the monthly
payments under this subsection. The
agreement may also provide for the collection of reasonable administrative fees
by the SSA. Should the participating
employee die prior to the termination of the benefits under the program the
deceased participating employee’s entitlements to compensation under the
program shall survive and the remainder will be paid to person's or entities in
accordance with the participating employee’s anticipated SSA monthly retirement
benefit at age 60.
(3) Persons aged 60 or greater and eligible to receive SSA
retirement benefits shall receive a lump sum payment equal to 6 bi-weekly base
salary periods.
(c) Each compensation package due to an employee pursuant to
this chapter shall be subject to the following adjustments prior to
disbursement.
(1) Deduct therefrom any annual or sick leave advance;
(2) Deduct therefrom any salary advance;
(3) Deduct therefrom any per diem or other travel advances
including outstanding travel authorization; and (4) Deduct therefrom any other
adjustment which the employee may owe to the government, or add thereto any
adjustment which the government may owe to the employee.
Background
Amended by State Law 6-136. Further amended by State Law 7-1..
Section 18.708. Employees in program not eligible for
re-employment. An employee who
receives compensation under the Program shall not be eligible for re-employment
by the State Government pursuant to the State Public Service System Act or
employment pursuant to employment contract for a period of four years following
the employee's departure from the public service under the program with the
exception of elected and appointed positions subject to advise and consent.
Section 18.709. Government shall provide counseling and
training. The Government shall
provide out placement counseling and retraining for the participating employees
during the transition period which shall be made optional and at the discretion
of the participating employees.
Background
Amended by State Law 6-136.
Section 18.710. Program
Fund, uses, loan repayment and reversion of funds.
(a) The program shall be funded from loan proceeds or from
funds from the General Fund otherwise appropriated for such use. Upon disbursement of any loan proceeds, such
funds shall be deposited in a Kosrae State Government Early Retirement Fund
(hereinafter Retirement Fund) which is hereby created and established. The Retirement Fund shall be separate from
the General Fund or any other funds of the Kosrae State Government. Money in the Retirement Fund shall be
invested prudently and investment gains therefrom shall accrue within the fund.
(b) Funds in the Retirement Fund may only be withdrawn,
unless otherwise provided by law, for the following purposes:
(1) Payment of compensation to employees participating in
the program;
(2) Payment to the SSA for payments and the administration
of monthly compensation to persons participating in the program under Section
18.707(b)(2) of this chapter;
(3) Repayment of any loan obligations directly related to
the program; or
(4) Payment for training costs related to the program, but
not exceeding $150,000 in total.
(c) In order to facilitate the repayment of the loan the
State Government shall continue to appropriate funds equivalent to at least
fifty percent of the costs for each position abolished and subject to
compensation payments under the program.
The funds so appropriated shall be deposited in the Retirement and
Repayment Fund. On or before September 30, 2001, the balance
of the Retirement and Repayment Fund
must equal or exceed the principal amount borrowed for the program.
(d) Pursuant to the terms of the Financing Agreement, if, at
any time during the term of the loan the amount in the State’s Trust Fund
Account with the national government, plus the amounts in the Retirement Fund,
exceeds the principal amount remaining for the loan, the amount in excess may
be withdrawn from the Retirement Fund first, and then from the State’s Trust
Fund Account if still in excess of the remaining principal amount of the
loan. Such withdrawals shall revert to
the General Fund. Any funds remaining
in the Retirement Fund and the State’s Trust Fund Account after the loan has
been paid in full shall revert to the General Fund.
Background
Amended by State Law 6-136.
Section 18.711. Annual Report. The Governor shall submit a report to the
Legislature not later than the first Monday of February of each year regarding
the condition of the Program, actual expenditures from the last completed
fiscal year, estimated expenditures for the fiscal year in progress, a full
accounting of the funds received by the State for the Program, and a full
accounting of funds deposited in the escrow account as authorized in Section
18.710 of this chapter.
Section 18.712. Act supersedes other laws. The provisions of this chapter shall
supersede in their entirety any other provisions of any State laws that may be
interpreted as inconsistent with any provisions of this chapter.