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PERSONNEL SERVICE SYSTEM RULES AND REGULATIONS

TABLE OF CONTENTS

PART PAGE

I PURPOSE AND SCOPE Part I, Page 1

I.A Purpose 1

I.B Policy 1

I.C Coverage 2

I.D Scope 3

I.E Eligibility for Employment 3

ORGANIZATION FOR PERSONNEL MANAGEMENT Part II, Page 1

II.A Personnel Management 1

II.B The Personnel Officer 1

II.C The Civil Service Commission 2

III

STAFFING Part III, Page 1

III.A EXAMINATIONS 2

III.A1 Competitive Examinations 2

III.A2 Non-Competitive Examinations 2

III.A3 Examination Announcements 3

III.A4 Publicity 3

III A5 Content of Examinations 3

III.A6 Continuous Examinations 4

III.A7 Admissions to Examinations 4

III.A8 Disqualification of Applicants 4

III.A9 Notification of Acceptance for Assembled Examination 4

III.Al0 Conduct of Assembled Examinations 5

III.A1l Cancellation of Examinations 5

III.Al2 Rating of Examinations 5

III.A13 Reviews of Examination Results 5

III.A14 Changes in Rating 5

III.A15 Establishment of Eligible Lists 5

III.A16 Certification from Eligible Lists 6

III.A17 Procedure When Eligibles Are Required 7

III.A18 Removal of Names from Eligible Lists 7

III.A19 Selective Certification 8

III.A20 Use of Eligible Lists 8

III.A21 Duration of Eligible Lists 8

III.A22 Order of Use of Eligible Lists 8

III.A23 Reemployment Priority List 9

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III.B POSITIONS AND APPOINTMENTS Part III, Page 11

III.B1 Types of Positions 11

III.B2 Permanent Position 11

III.B3 Types of Appointments 11

III.B4 Pre-Employment Condition Standards 13

III.B5 Administration of Physical and Medical Examinations 13

III.B6 Prohibited Actions 13

III.B7 Reemployment 13

III.B8 Orientation 14

III.C MERIT PROMOTION PROGRAM 16

III.C1 Policy 16

III.C2 Definitions 16

III.C3 Scope and Coverage 17

III.C4 Areas of Consideration 17

III.C5 Methods of Locating Candidates 18

III.C6 Transfer 19

III.C7 Qualification Standards 19

III.C8 Conditions of Employment 19

III.C9 Evaluation Process 20

III.C10 Evaluation Measures 20

III.C11 Selection Procedure 21

III.C12 Information to Employees 22

III.C13 Employee Questions and Complaints 22

III.C14 Review of Promotion Program 23

III.D SUSPENSIONS, SEPARATIONS AND DEMOTIONS 24

III.D1 Separations Not Involving Personal Cause 24

III.D2 Furloughs, Suspensions, Separations for Personal Cause,

and Demotions for Disciplinary Reasons (Adverse

Action) 25

Steps for an Adverse Action 30

III.E REDUCTION-IN-FORCE (RIF) 33

III.E1 Policy 33

III.E2 Coverage 34

III.E3 Reduction-in-Force Planning 34

III.E4 Competitive Processes 34

III.E5 Limitations on Competition 36

III.E6 Tenure Groups 37

III.E7 Furlough and Separation 37

III.E8 Vacant Positions 38

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III.E9 Assignment Rights (Bumping) Part III, Page 38

III.E10 Transfer of Function 39

III.F EMPLOYEE APPEALS 41

III.F1 General 41

III.F2 Rights of the Parties 41

III.F3 Employee Appeal 43

III.F4 Preparation for Hearing 43

III.F5 Appeal File 44

III.F6 Procedural Defects 45

III.F7 Status of Employee During Appeal 45

III.F8 Performance Rating Appeal 46

III.G GRIEVANCE PROCEDURE 49

III.G1 General 49

III.G2 Employee Coverage 49

III.G3 Grievance Coverage 49

III.G4 Matters Not Covered 49

III.G5 Freedom from Restraint 49

III.G6 Employee's Right to Representation 50

III.G7 Role of the Civil Service Commission 50

III.G8 Employee's Right to Seek Advice 50

III.G9 Informal Grievance Procedure 50

III.G10 Formal Grievance Procedure 51

POSITION CLASSIFICATION AND COMPENSATION Part IV, Page 1

IV.A POSITION CLASSIFICATION 1

IV.A1 General 1

IV.A2 Definitions 1

IV.A3 Principles and Policy 2

IV.A4 Responsibilities 3

IV.A5 Position Planning 4

IV.B COMPENSATION 6

IV.B1 General 6

IV.B2 Compensation Plan 6

IV.B3 Periodic Review of Compensation Plan 6

IV.B4 Establishing Salary Upon Appointment 6

IV.B5 Promotions 7

IV.B6 Temporary Promotions 7

IV.B7 "Acting" Assignment 6

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IV.B8 Detail Part IV, Page 8

IV.B9 Demotion 8

IV.B10 Transfer 8

IV.B11 Effect on Service Anniversary Date 9

IV.B12 Reallocation/Reclassification of Position to Higher-Pay 9

IV.B13 Effective Date of Position Change 9

IV.B14 Within-Grade Increase 9

IV.B15 Workshops 10

IV.B16 Overtime Compensation, Compensatory Time and Control 11

IV.B17 Standard Work Week 17

IV.B18 Use of Non-Standard Work Week 17

IV.B19 Holidays 17

IV.B20 Merit Increase 18

IV.B21 Premium Pay 18

IV.B22 Approval of Premium Pay or Differentials 21

IV.B23 Bar to Dual Compensation or Dual Employment 21

IV.B24 Severance Pay 22

IV.B25 Timekeepers 22

EMPLOYMENT-EMPLOYEE RELATIONS Part V, Page 1

V.A. COMMUNICATIONS 1

V.A1 General 1

V.A2 Role of the Personnel Officer 2

V.B EMPLOYEE CONDUCT AND PERFORMANCE 4

V.B1 General 4

V.B2 Policy on Emotional and Mental Health 4

V.B3 Policy on Alcoholism and Problem Drinking 5

V.B4 Action by Supervisors and Managers 5

V.B5 Action by Personnel Officer 6

V.B6 Action Related to Alcoholism or Drug Abuse 6

V.B7 Actions Related to Other Causes 6

V.C RESPONSIBILITIES OF EMPLOYEES AND MANAGEMENT 9

V.C1 Code of Ethics for Government Personnel Service 9

V.C2 Policy on Employee Conduct 11

V.C3 Subordination to Authority 11

V.C4 Management Responsibility 11

V.C5 Employee Responsibility 12

V.C6 Interpretation and Advisory Service 12

V.C7 Disciplinary and Other Remedial Action 12

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V.C8 Ethical and Other Conduct and Responsibilities

of Employees Part V, Page 13

V.C9 Outside Work and Interests 14

V.C10 Financial Interests 16

V.C11 Government Property 17

V.C12 Information 17

V.C13 Gambling, Betting and Lotteries 17

V.C14 Use of Toxicants 17

V.C15 Specific Types of Conduct 17

V.C16 Community and Professional Activities 18

V.D POLITICAL ACTIVITY 20

V.D1 Political Activities 20

V.D2 Rights of Employees 20

V.D3 Prohibitions 20

V.D4 Public Office 21

V.D5 Penalty 21

V.E GOVERNMENT EMPLOYMENT EQUAL OPPORTUNITY POLICY 23

V.E1 Government Employment Equal Opportunity Policy 23

V.E2 Nepotism 25

V.E3 Political Affiliation 25

V.E4 Coercion 25

VI EMPLOYEE AWARDS SYSTEM Part VI, Page 1

VI.A INCENTIVES AND AWARDS 1

VI.A1 Introduction and Purpose 1

VI.A2 Policy 1

VI.A3 Program Responsibility 1

VI.A4 Incentive Awards Committee 2

VI.A5 Contributions and Award Categories 2

VI.A6 Letters of Commendation 2

VI.B RECOGNITION AND AWARDS 5

VI.B1 Superior Performance Awards 5

VI.B2 A Special Act or Service Award 5

VI.B3 Honorary Awards 5

VI.B4 Length of Service Awards 7

VI.B5 Awards to Persons Outside Commonwealth 8

VI.B6 Presentation of Awards 8

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VI.C BENEFICIAL SUGGESTIONS PROGRAM 11

VI.C1 Suggestion Award 11

VI.C2 Suggestion procedures 11

VI.C3 Documentation 11

VI.C4 Records and Reports 11

VII

EMPLOYEE BENEFITS AND SERVICES Part VII, Page 1

VII.A LEAVES OF ABSENCES 3

VII.A1 Purpose 3

VII.A2 Creditable Service for Leave Purposes 3

VII.A3 Kinds 4

VIIIA4 Leaves with Pay 4

VII.A5 Leaves without Pay 8

VII.A6 Basis for Accrual 10

VII.A7 Unauthorized Leave 10

VII.A8 Disposition of Leave Upon Separation 10

VII.A9 Responsibilities 11

VII.A10 Administration of the System 11

VII.B BENEFITS 14

VII.B1 General 14

VII.B2 Responsibilities 14

VII.B3 Nature of Coverage 14

VII.B4 Insurance Program Definitions 15

VII.B5 Retirement Program 15

VIII

PERFORMANCE EVALUATION Part VIII, Page 1

VIII.A General 1

VIII.B Employee Performance Evaluation 1

VIII.C Policy 1

VIII.D Responsibilities 2

VIII.E Relationship to Other Personnel Management Activities 3

VIII.F Performance Appraisal Rating 4

VIII.G Rating Probationary Employees 4

VIII.H Appeals 4

TRAINING AND EMPLOYEE DEVELOPMENT Part IX, Page 1

IX.A Policy 1

IX.B Responsibilities 1

IX.C Definitions 3

IX.D Coverage 4

IX.E External Training 6

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IX.F Training Costs Defined Part IX, Page 7

IX.G Support for Training 7

IX.H Coordination with U.S. Federal Programs 8

IX.I Evaluation of Training 8

PERSONNEL MANAGEMENT EVALUATION Part X, Page 1

X.A Purpose 1

X.B Objectives 2

X.C Responsibilities 2

X.D Evaluation Methods and Procedures 2

X.E Reports 3

X.F Action 4

PERSONNEL MANAGEMENT PLANNING Part XI, Page 1

XI.A1 Personnel Management Plan 1

XI.A2 Report on personnel Management Plan (PMP) 1

XI.B RECORDS 4

XI.B1 Purpose 4

XI.B2 Policy 4

XI.B3 Records Required 4

XI.B4 Disposition of Records 6

XI.B5 Access to Official Personnel Folder 6

XI.B6 Information Available to the Public 6

XI.C REPORTS 8

XI.C1 Purpose 8

XI.C2 Role of the Personnel Officer 8

XI.C3 Role of the Timekeeper 8

GLOSSARY Definitions, Page 1

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PERSONNEL

SERVICE

SYSTEM

RULES

AND

REGULATIONS

PART

PURPOSE

AND

SCOPE

1.A

PURPOSE

These regulations implement

the

provisions of 1

CMC

1, et seq., and subsequent amendments

thereto, which establish a Personnel Service System

the Government of the Commonwealth of

the Northern Mariana Islands.

is hereby declared to be

the

policy of these regulations to establish

system of personnel

administration based on merit principles and generally-accepted methods

govern tbe classification

of positions and

the

employment, conduct, movement,

and

separation

public officials and

employees.

It is also declared to

the

purpose of these regulations to

build

career service which will attract,

select, and

retain

the bestqualified civil servants on merit who shal1 hold their offices or positions

fiee fiom coercion, discrimination, reprisal, or political influences,

with

incentives

the form of

genuine opportunities for promotion

the public service,

and

provide competent and loyal

personnel to render impartid service

the public

all times according

the dictates of ethics

and

morality. In order to achieve this purpose, it

declared to be the policy of the Commonwealth

Government

that

the

personnel system

hereby

established

applied

and

administered

accordance

with

the following merit principles:

Equal

opportunity for

alI,

regardless of age,

race,

color, religion, sex, national origin,

place of origin,

marital

status,

political affiliation or belief, or disability;

Impartial selection of

the

most able person for government service by

means

competitive

tests

which

are

fair,

objective,

and

practical;

Just opportunity for competent employees to

promoted

within

the Service;

Reasonable job

security

for

the

competent employee;

Systematic classification of all positions and personnel through adequate job

descriptions

and

periodic performance evaluations;

Fair

and

ppctical

grievance procedures for

a17

employees

pertinent

to conditions of

employment;

and

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PART

Flexibility

employer-employee relations

achieve and maintain

well-trained,

productive, and happy work force.

COVERAGE

1. These regulations apply to all employees and positions now or hereafter established

in the Executive Branch of the Commonwealth Government

and

all personnel

services performed for the Executive Branch,

with

the

following exceptions:

Employees and positions covered by the United States Civil Service System,

untiI and unless exempted. by the United States Office of Personnel

Management or by United States law;

Persons or organizations retained by contract where

the

Personnel Officer

has

certified that the service to be performed is special or unique and non-

permanent, 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

performed, it would not be practical to obtain personnel to perform

such

services through normal public service recruitment procedures;

Positions of a temporary nature needed in the public interest where certified

the Personnel Officer

and

when the need for the same does not exceed

ninety

(90)

days; provided, however, that

the event of

disaster declared

by the President of the United States or by the Governor, the Personnel

Officer may extend the

90-day

period for a

maximum

additional one

hundred and eighty

(180)

days for positions engaged in relief, repair or

rehabilitation

result of such disaster;

Household and domestic employees at the official residence of the Governor;

Election inspectors, election clerks and other election employees;

Persons appointed

the

Governor to fill Executive positions;

Positions specifically exempt by any other law of

the

Commonwealth;

Personnel presently under contract of employment who

are

not included

subdivision

of this section, but only

during

the

life of the contract. No

contract of employment shall be entered into, renewed, or amended after

August

1978, the effective date of

the

Civil Service Act, except subject

the

provisions thereof;

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PART

Any

position involving intermittent performance which does not require more

than

forty

(40)

hours in

any

one

(1)

month;

Positions of part-time nature requiring the services of four

(4)

hours or less

per day but not exceeding one

(1)

year

duration;

Positions of temporary nature which involve special projects having specific

completion dates which shall not exceed one

(I)

year.

The

Personnel Officer shall determine the applicability of this section to the specific

positions not expressly covered by the Civil Service Act,

CMC

101,

et seq.

1.D

SCOPE

These regulations cover neatly dl

aspects

of personnel management and administration, and include

but

are

not limited to development and promulgation of personnel policy,

sag,

position

classification, employee relations, employee development

and

training,

employee

benefits

and

services, incentives

and

awards, performance evaluation, employee health service, employee safety

and accident prevention, labor-management relations, personnel management program evaluation,

and

records and reports. Each of the foregoing elements is presented in detail

subsequent parts

of these Regulations.

JGIBIJJTY FOR

EMPLOYMENT

It is

the

policy of the government that

the

personnel system shall

applied and administered

according

the

principle of equal opportunity for

all

persons regardless of age, race, color, religion,

sex, national

origin,

place of origin, marital status, political affiliation or belief, or disability.

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PART

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page

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blank.

Part

Page

PERSONNEL SERVICE SYSTEM

RULES

AND

REGULATIONS

PART

ORGANIZATlON

FOR

PERSONNEL MANAGEMENT

Personnel management is

the

responsibility of all Commonwealth Government

executives, managers and supervisors who direct the work of others.

The Personnel

Officer

has

the specific responsibility to plan, develop

and

implement

programs and procedures which give effect and meaning to the laws of the

Commonwealth

vis-a-vis

the govemnient workforce, giving due consideration to the

changing needs of

the

several programs that

are

now

progress and those to be

initiated

the future.

It is the policy of the Civil Service Commission

continuously promote improved

labor relations, human relations,

communications

and satisfying work conditions

order to provide all employees the opportunity to satisfy their needs for

recognition, a

sense

of personal worth,

and

personal achievement.

The provisions of 1

CMC

101, et seq., and these regulations

shd

govern

the

administration

the

Personnel Service System. Subject to these regulations

and

laws,

the

Personnel Officer shall:

Direct

and

supervise

all

the

administrative and technical activities of the Personnel

Office;

Administer the system of personnel administration for the Commonwealth

Government;

Act for the Civil Service Commission

the exercise of its appointing authority

under

CMC

10 1, et

seq.,

and Constitutional Amendment No.

;

Advise the Governor

and

the Governor's

staff

on all matters concerning personnel

management and administration, employee training,

and

staff housing;

Formulate

and

recommend to the Civil Service Commission policies

and

regulations

carry

out

the

provisions

CMC

et seq.;

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Cooperate fully

with

and

attend or arrange for

representative to attend meetings of

the Civil Service Commission and advise

the

Commission on technical matters

required;

Encourage

and

exercise leadership in the development of effective personnel

administration practices within the government

and

make

available

the

equipment,

staff, and facilities of

the

Personnel Office to

this

end;

Foster

and

develop, in cooperation

with

management officials, programs to promote

the Personnel Service System, improve employee efficiency, and increase employee

productivity;

Develop and maintain

adequate position classification and compensation plan;

10.

Administer recruitment and examination programs and determine when employees

meet specific

job

qualification requirements;

1 1.

Provide advice

and

assistance to management on matters of employee discipline and

grievance

and

appeal procedures;

12.

Develop training programs to elevate employee skills

and

increase employee

productivity;

13.

Administer a

staff

housing program for the Commonwealth government;

14.

Establish

and

maintain records of all personnel in the Personnel Service System;

15.

Interpret and administer these regulations; and

Perform any other activities deemed

necessary

to assure effective implementation of

the

merit

system.

1I.C

THE

CIVIL

SERVICE COMMISSION

The Civil Service Commission represents the public interest

matters concerning the Personnel

Service System. Subject to

the

provisions of

CMC

88101,

et seq., and Constitutional Amendment

No.

the Commission shall:

Prepare a comprehensive personnel management plan

and

proposed personnel

policies of the government, hereinafter referred

the "Personnel Service System,"

and submit copies thereof to the Governor and the Legislature;

Part

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RLEES

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PART

Oversee the operation of

the

Personnel Office;

Hold

hearing

and decide appeals of employees for disciplinary actions, for

suspensions

than

three

(3)

working

days,

demotions,

and

dismissals fiom the

service.

The

Commission may utilize the services of

qualified

hearing

officers

where

such

services

are

deemed essential

the Commission.

Hearings

shall

public

except

when

the

appealing

employee requests

closed hearing;

Administer oaths

witnesses in

any

matter pending before the Commission;

Subpoena witnesses and/or documents

any

matter

pending

before

the

Commission;

and

Perform

any

other lawfbl

act@)

required

law or

deemed

the Commission to

necessary

carry

out

its

duties.

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PERSONNEL SERVICE

SYSTEM

RULES

AND

REGULATIONS

PART

111

STAFFING

This

part

covers the st;tffing elements necessary to acquire, maintain, reassign, promote and release

employees of the Personnel Service

System.

The

sub-parts treat specifically and in detail the

regulations which govern in

the

execution of the respective functions. Merit principles, open

competition and, in specific applications, employee seniority, shall underlie all considerations in

implementing these staffrng functions.

Appointing Authorities are Executive Department, Activity Heads

and

other public officials who are

authorized to expend appropriated finds pursuant to law. Non-Commonwealth employees shall not

be delegated the

authority

to effect changes in Personnel Actions.

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PART

111,

SUB-PART

EXAMINATIONS

This sub-part prescribes

the

examining system to be used in the Personnel Service System. It

describes the several types of examinations, the assembly of eligible lists and the referral of

eligibles from those lists to selecting officials.

III.Al COMPETITIVE EXAMINATIONS

All examinations shall be competitive and open to

the

public except where specifically

exempted. All examinations shall be either:

Assembled, wherein the applicants assemble in a designated place at a specific time

to take written or performance tests that fairly measure the knowledge, skills, or

abilities required

the particular position (or class of positions) sought. Assembled

examinations shall

conducted under conditions affording maximum security at all

times to protect the confidential nature of examination questions and related

documents.

Unassembled, wherein the candidates responding to

examination announcement

submit, to designated places and

designated times, their records

education,

training, experience and such other information as requested in the announcement,

to be evaluated

and

rated by

qualified analyst or

board of rating examiners.

The

examination shall stipulate the dates of opening and closing

the examination,

the

forms

to be used for filing, and the places to which the forms and associated

information shall

sent.

III.A2 NON-COMPETITIVE EXAMINATIONS

Non-competitive examinations, either assembled or unassembled, may be used when, in the

judgment

the Personnel Officer, one of the following conditions or circumstances occurs:

The position to be filled requires rare or special qualifications or training which do

not permit competition;

There is a lesser number of qualified applicants than there are positions to

filled;

To determine the qualifications of

employee to be placed

a redress for error or

omission

processing under

the

Merit Promotional Program;

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PERSONNEL

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PART

I11

To determine qualifications

part of the in-service placement process, or for

placement of persons with reinstatement eligibility.

EXAMINATION ANNOUNCEMENTS

Examination announcements shall contain, as a minimum, the following information:

Class title, pay and

pay

level of the position;

B. Brief description of the duties and responsibilities;

Geographical and organizational location of the position;

Minimum bona fide occupational qualifications for the position to include general

experience, specialized experience,

and

such qualitative evaluation elements as may

be deemed appropriate

and

necessary;

Instructions on how to apply for the examination including place to apply, form of

application required, and documentary support required; and

Period of the announcement. In

instance shall this be less than fifteen

(15)

calendar days. This period may be extended by the Personnel Officer if the response

has been inadequate, provided that the extension shall be announced

the same

manner

the original announcement.

PUBLICITY

Optimum publicity

shall

be given to examination announcements through posting in the Personnel

Office and at such other places

may be designated by the Personnel Officer (e.g., official bulletin

boards in offices or work places). In addition, public announcements through the news media may

be used. Department directors shall make every effort to bring announcements to the attention

all personnel under their jurisdiction.

IILA5

CONTENT

EXAMINATIONS

Examinations shall be practical and reasonable and shall examine for the bona fide occupational

qualifications necessary to perform the duties of the positions to be filled. Any acceptable method

of examination may be used, including verification and evaluation of education, training,

experience, aptitude and character of the applicants

and

any other accepted examination method

deemed appropriate by the Personnel Officer.

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PERSONNEL SERVICE SYSTEM

RULES

AND REGULATIONS

PART I11

III.A6 CONTINUOUS EXAMINATIONS

When difficulty is experienced in attracting sufficient numbers of qualified applicants for vacancies

in the Personnel Service System,

the

Personnel Officer may issue a continuous examination. Notice

of closing of a continuous examination shall be posted at least fifteen

calendar days prior to the

final closing date for such examination.

IKA7 ADMISSIONS TO EXAMINATIONS

Applications for examination shall be made on forms prescribed by the Personnel Officer. 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.

knowingly

false answer or statement shall be grounds for denying admission to the examination, removal from

the eligibility list, or for dismissal horn the Personnel Service System if the person is employed prior

to the discovery of a false answer or statement. The Personnel Officer shall designate 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 no later than the announced closing date. Late applications will not be accepted unless

approved by the Personnel Officer because of unusual circumstances. Such determination shall be

made

matter of record and similar circumstances in other examinations shall be treated equally.

III.A8 DISQUALIFICATION OF APPLICANTS

The Personnel Officer may refuse to examine an applicant for failure to meet requirements for

admission to the examination. Applicants who do not meet the minimum qualifications shall be

notified

soon

practical. If

applicant is disqualified following placement on

eligible list,

the applicants's name shall be removed from the eligible list.

III.A9

NOTIFICATION OF ACCEPTANCE FOR ASSEMBLED EXAMINATTON

Each applicant who has been accepted shall be given sufficient advance notice of the date, time and

place of

assembled examination; inclusion of the requisite information on the examination

announcement meets this notification requirement.

applicant shall be entitled to take

assembled examination at a date, time and place other than that stated in the notification unless

specifically authorized by the Personnel Officer. The Personnel Officer shall not be responsible if

notice is lost in the mail or sent to

applicant's former address through failure

applicant to

report a change of address. Where mail service is not adequate to meet these notification

appointments, oral notification in person, by telephone or by radio may be given if the foregoing time

and content provisions are met and if such oral notification is properly documented.

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III.AI0

CONDUCT

ASSEMBLED

EXAMINATIONS

The Personnel Officer shall appoint a representative to administer the examinations at a time and

date designated in the notification of acceptance for examination or the examination announcement.

III.Al1 CANCELLATION

EXAMINATIONS

Examinations may be canceled at any time by the Personnel Officer if there is no longer need for

eligibles covered by the examination, or if the examination no longer meets the expressed

requirements

the government.

MA12 RATING

EXAMINATIONS

A. Examinations shall be rated by a qualified rating examiner from the personnel Office.

Appropriate statistical techniques and procedures shaIl be used in scoring and rating

examinations and determining the relative ranking of candidates on competitive

examinations. The final rating required to pass

examination shall be set

the

Personnel Officer, who may also set minimum ratings for each part of the

examination when the examinations are arranged in readily identifiable parts. The

final earned ratings of each candidate shall be determined

combining the earned

ratings

each

part

the examination

accordance

with

the weights established for

each part.

1II.A

REVIEWS OF EXAMINATION

RESULTS

Any applicant may request a review of hislher rating within ten (10)calendar days following

notification of examination results.

Such

request for review shall be addressed to the Personnel

Officer, who shall comply with the request and make whatever changes, if

any,

the facts warrant.

III.Al4 CHANGES IN

RATING

Changes

rating may be made as a result of correction of errors

the scoring or rating process, or

as a result of a request for review wherein the facts warrant

change. Correction of errors shall be

applied equally to all participants. An amended notice of rating shalI be reported to the applicants

affected by such change in rating.

III.Al5 ESTABLISHMENT OF ELIGIBLE LISTS

Following the completion of

open competitive examination and rating process, the

Personnel Officer shall establish eligible lists called "Registers

Eligiblest', in

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which all candidates who receive an eligible or passing rating on the examination

shall be listed. The Register of Eligibles shall list the candidates in order of their

respective ratings, highest rating first. When the Personnel Officer provides a list

eligibles to a management official, the names of those candidates with the highest

rating shall be certified first.

"established" when approved

the Personnel Officer.

In the event a list of e1igibIes for any position contains less than five

(5)

names and

the appointing authority deems the range of choice to be inadequate, the Personnel

Officer shall announce a new examination.

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 examinations.

If all portions are identical, the receipt time of their applications will determine

priority.

open competitive list shall be certified by the Personnel Officer only

after it has been determined that a qualified candidate is not available through the

reemployment priority list or promotional examinations.

CERTIFICATION

FROM

ELIGIBLE LISTS

Appointments and promotions in the Personnel Service System shall be made from

certified eligible lists resulting from examinations, except as otherwise provided by

these regulations. The process of providing

list of eligible candidates to a selecting

official is known

"Certification

Eligibles".

Certificate of Eligibles shall

drawn from among the highest rated candidates in precise numerical order, highest

rate

first.

Where a list of eligibles exceeds five

(5)

names, only the top five

(5)

names shall

certified. The appointing authority shall be entitled to the certification

of not less than five

(5)

eligibles for each vacancy, however, when less than five

(5)

persons comprise

list of eligibles, the appointing authority may accept the lesser

number or return the list until sufficient names are available. If a selecting official

intends to fill more than one position from the same examination at the same time,

the number of names certified shall be increased

one

eligible for each additional

position to be filled, where possible,

Requests for eligibles shali be made on forms prescribed by the Personnel Officer

and shall clearly identify the position to be filled, including its position number.

The selecting official shall justify, in writing,

the Personnel Officer the non-

selection of any Eligible with

higher rating than the candidate selected. Such

requirement creates no special standing for the candidatets) with

higher rating.

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No person shall report to work nor receive a salary unless

appropriate personnel action

has

been

approved by the Personnel Officer or authorized representative.

III.Al7

PROCEDURE

WHEN

ELIGIBLES ARE

REOUIRED

Whenever eligibles are required, the Personnel Officer shall:

Prepare the Examination Announcement;

Administer the examination; and

Establish

eligible list,

determined by the examination results.

The

Personnel Officer may remove the name of

any

person

who

has

been disqualified under

Part

III.A8.

The name of any person may also be removed if:

The eligible candidate fails to respond within fifteen (1

calendar days from the date

of dispatch of

inquiry as to availability for employment, provided that the name

may be restored for reasons deemed sufficient by the Personnel Officer.

The person is appointed

from

that list to a permanent position in the Personnel

Service System.

The eligible voluntarily withdraws.

There

evidence

physical or mental unfitness to perform the duties of the

position,

indicated by appropriate medical examination.

The eligible fails to report for duty within the time prescribed

the selecting

official.

The eligible is found to be no longer qualified

perform the duties required of the

class of position.

Intentional false statements, deception or fraud are included in the application or in

the examination process or appointment.

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SELECTIVE CERTIFICATION

Where the Personnel Officer 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.

USE

ELIGIBLE LISTS

Whenever a vacancy arises

the Personnel Service System, the official responsible for initiating

the process to fill that position has the following options:

When the position has promotional potential, the first option shall be to fill the

position under the provisions of the Merit Promotion Program.

When the position to be filled does not have promotional potential, the selecting

officer may request certification from the appropriate reemployment priority list or

eligible list or choose to redefine the position at a lower level and fill it through the

Merit Promotion Program. If the position is in

established career ladder, it must

be filled at the entry level unless there are overriding reasons not to do so. The

Personnel Officer is authorized to grant exceptions to this procedure upon proper

justification. Promotional examinations and Open examinations may be announced

concurrently but the promotional list will be used first. Appropriate records of such

approvals and associated material shall be maintained by the Personnel Officer.

DURATION

OF ELIGIBLE LISTS

The life of

eligible list, other

than

the

reemployment priority list, shall be for one (1) year, unless

extended by the Personnel Officer. An eligible list may be extended up to one

(1)

year beyond its

original expiration date.

No person shall be retained on an eligible list beyond the period of

extension of the original list. Remaining eligibles shall be combined with those on the new list for

the remainder of the term of the original list. An open examination eligible list and

non-

competitive examination eligible list shall be combined only as a non-competitive eligible list. If

eligible candidate successfully participates in

subsequent competitive examination and the

resulting eligible list is combined with that of a previous competitive examination eligible list

bearing the candidate's name, that eligible candidate may elect to have hidher 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.

III.A22

ORDER OF

USE

OF ELIGIBLE LISTS

The following order shall be followed in the use

eligible lists:

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Reemployment Priority List

Promotional List

Open Competitive List

IKA23

REEMPLOYMENT PRIORITY LIST

Any person who has held a permanent position in the Personnel Service and has been demoted or

terminated through reduction-in-force shall be permitted to have hisher name placed on

reemployment priority list (provided such person so requests in writing to the Personnel Officer).

The name of such person shall be placed on the reemployment priority list for the same or related

class of position as such person last held under

permanent appointment. Names shall be arranged

on the reemployment priority list in the chronological order of their separation from their respective

competitive levels. Names shall

removed from the reemployment priority list at the expiration

three

(3)

years

from

the date of separation or demotion or sooner if such person is reemployed in

position at the same or higher pay level as that such formerly held in the Personnel Service

System. The individual may be removed from the list if such person refuses a reasonable offer of

employment.

reasonable offer is of the same position or one equivalent to that last held in the

Personnel Service.

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SUB-PART

POSITIONS AND APPOINTMENTS

TYPES OF POSITIONS

All positions in the Personnel Service shall be identified in the records of the Office of Personnel

Management as permanent, or such other status as is authorized by law.

IKB2 PERMANENT POSITION

permanent position is a fidl-time position which is established based upon the continuing need of

the Government and which is authorized to continue longer than one

(I)

year.

TYPES OF APPOINTMENTS

Appointments in the Personnel Service System are placed in the classes defined in the following:

Probationary Appointment.

appointment in which the appointee is selected from

eligible list resulting

from

open examination to fill a permanent position. The

appointee shall serve a period of six

(6)

and not more than twelve

(12)

months from

the beginning of the probationary appointment and shall demonstrate the capacity for

consecutive weeks of satisfactory performance before being eligible to be

converted to a permanent appointment. Separations

during

a probationary

appointment

are

not processed under adverse action procedures or reduction-in-force

(RI

Permanent Appointment.

An employee who has been appointed to a permanent

position

and

who has satisfactorily completed

probationary period is entitled to the

111

benefits of these Regulations. Permanent appointment may be made to less

than

full-time positions with a regularly scheduled tour

duty.

Limited-Term Ap~ointment.

Limited-Term appointment

one

which the

appointee is appointed

for

period of not more than one

(I)

year.

employee

serving a limited-tern may serve in either

full-time or part-time position. Any

person given

limited-term appointment must meet the minimum qualifications for

the class of position to which appointed. Appointing authorities shall justify, in

writing, to the Director of Personnel Management, requests for

new

Limited-Term

Appointments following expiration

one

(1)

year appointments. Limited-Term

Appointments

may

be converted to Permanent Appointments at the end of one year,

if the position has been found to be permanent, provided that the employee has

demonstrated the capacity for

consecutive weeks of satisfactory performance.

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Provisional Apuointment.

provisional appointment is usually limited to ninety

(90) days and is used to fill a permanent position in the absence of

appropriate

ehgible list. The Director of Personnel Management may authorize extension of a

provisional appointment beyond ninety

(90)

days for a maximum of one hundred

and

eighty

80) days when the examination fails to make available an adequate number

of qualified candidates. Any person given a provisional appointment must meet the

minimum qualifications

for

the class of position to which appointed.

Emer~encv A~~ointment. An emergency appointment may be authorized

the

Director of Personnel Management for any one of the following purposes:

(I)

When a serious emergency exists; or

(2)

To prevent stoppage of essential public services.

emergency appointment shall be limited to thirty

(30)

calendar days but may

extended

the Director of Personnel Management if the appointing authority so

requests in writing, when the cause

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 appointed.

Temporary Aupointment.

temporary appointment is utilized when it is anticipated

that

employee will temporarily occupy a position for a period in excess of three

(3)

months.

employee can be temporarily promoted only if the employee meets

the qualification standards of the new position. See

Part

IV.B6.

Acting" Appointment.

"acting" appointment is

the

official written designation

that an employee will act for a period

up to thirty

(30)

days in place of a

supervisor. When the supervisor's absence exceeds the initial thirty (30) day period,

new designation shall

made for an additional thirty (30) days. The thirty (30)

day renewal of

"acting" assignment may be repeated until the supervisor returns

to the position.

Whenever

the "acting" assignment exceeds ninety (90) days, the employee shall

temporarily promotedlappointed

the position if the employee meets the

qualification standards of the position.

See

Part

IV.B7.

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III.B4

PRE-EMPLOYMENT CONDITION STANDARDS

All persons appointed to positions in the Personnel Service System must be examined by medical

personnel (see Part III.B5) and certified as physically capable of performing the duties of

the

position. They must be free from communicable diseases and any present or potential medical

condition which would be detrimental to successful performance of duty or the health of other

employees, or reflect discredit upon the Personnel Service System. However, if a claim is made by

a candidate or appointee that the condition constitutes

disability under the federal Americans with

Disabilities Act (ADA), the provisions of that act shall be followed,

applicable.

111.135

ADMINISTRATION

PHYSICAL

AND

MEDICAL

EXAMINATIONS

Physical and medical examinations shall be administered by medical personnel authorized by the

Commonwealth Government to conduct such examinations for employment purposes, and shall be

recorded on forms prescribed by the Director of Personnel Management.

PROHIBITED ACTIONS

A. Employment of any person without

approved personnel action is prohibited.

Supervisors or management officials who permit

employee to report to work

without

appropriate and formally approved personnel action shall be held

personally liable for

any

claim for compensation resulting from such improper

appointment as provided by

CMC

101,

et seq.

Retroactive personnel actions shall not be made unless approved

the Director of

Personnel Management prior to commencement of such action.

REEMPLOYMENT

An employee who has successfully completed a probationary period in the Personnel Service

and

subsequently left the Personnel Service for any reason shall be granted reemployment eligibility for

a period following the separation equal to the employee's total full years of creditable service with

the Government. This means that the former employee

may

be reappointed to the former position

in the Personnel

Service

at the same

pay

level and step that the employee held upon separation.

re-appointed to a higher or lower class, the employee shall be allowed to retain the former rate of

pay.

The possession of reemployment eligibility does not thereby provide the person

with

any

mandatory

reemployment rights. This means that the individual

may

be considered for employment only after

persons with higher rating on the reemployment priority fist have been considered. If it is in the

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public

interest,

such

person

may

reemployed, provided

such

person

meets

the noncompetitive

qualifications for

the

position

to be

filled.

III.B8

ORIENTATION

New

employees shall receive a standardized orientation to government service as

soon

practical

after being appointed,

and

least

within

one

month

appointment.

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Position with Known Promotion Potential

position which is to be filled below the

specified performance level for the position. These may

trainee and understudy

positions, career ladder positions and positions filled one or more levels below the

established level.

III.C3

SCOPE

AND

COVERAGE

Competitive promotion procedures apply to:

All

competitive positions in the Personnel Service System when filled

promotion.

Any position which is filled by a candidate at a basic pay level higher than the

candidate's last position; and

(1)

The position is filled by transfer;

(2)

The position is filled by selection of a non-temporary Personnel Service

employee from

eligible list following an open competitive examination;

(3)

The position is filled by detail for more than ninety

(90)

days duration.

(NOTE:

All periods of detail of

employee to the position during the

preceding twelve

[12]

months, inchding promotion, are counted against the

90-day limitation.)

Any

position with known promotion potential which is filled by transfer or selection

from the reemployment priority list.

III.C4

AREAS

CONSIDERATION

As a minimum, areas of consideration should be broad enough to provide

reasonable number of

highlv qualified candidates and to give employees adequate opportunity for consideration for

promotion.

A. Normal Areas of Consideration. There are two different normal

areas

consideration:

(1)

Inter-island (Commonwealth-wide) for positions at pay level

and above;

and

(2)

Intra-island (within each island) for positions at pay level 21 and below.

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Candidates selected

for

the position must be advised

the

conditions

and

acknowledge

those

conditions in writing. However,

with

respect to physical or medical standards,

a candidate claims

a disability under

the

federal Americans with Disabilities Act (ADA), the provisions of that act shall

be followed,

applicable.

EVALUATION PROCESS

Since the Merit Promotion Policy requires that the selection be made from among the best qualified

candidates, the evaluation process must go beyond basic eligibility to

rank

the candidates in

meaningful may. When properly used, the evaluation process should:

Provide

sound

basis

for

comparing

and

judging

candidates

relation

the

knowledge, skills, abilities

and

personal characteristics that contribute to successful

performance in the position.

Identify those qualities which demonstrate

candidate's potential

for

future

promotion, when the job being filled leads to further advancement.

Distinguish between the knowledge and skills that

employee must have at the time

promotion

and

those the employee can acquire quickly after promotion, through

experience

and

training.

In selecting the proper method of evaluating candidates, recognition should be given to the future

staffing needs of the organization as well

the current requirements of the positions to be filled.

1II.C

EVALUATION MEASURES

The various measures for evaluating candidates are:

Written Tests.

written test may be used in the evaluation process, but may not be

the

sole

means

evaluation.

Written

tests

must be

approved

the

Personnel

Officer or meet such standards

established by the Personnel Officer.

Appraisal of Performance.

supervisory appraisal must be obtained for every

employee who

qualified. Appraisals

may

obtained from supervisors other

than

the employee's immediate supervisor.

Exnerience. In evaluating experience the objective

to determine how

closely

the

experience relates to the new position or level of work. Length of service is

factor

only when there is

clear and positive relationship with quality

performance.

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Awards.

considering

awards

received

the candidates, the weight assigned must

be based on those elements necessary to successful performance for the position to

be filled.

Training.

appropriate weight is given for pertinent training, self-development

and

outside activities which would increase the employee's potential or effective

performance in the position to be filled.

Education. Education may

considered only if it

clearly job-related or

provides

measure of the learning ability essential for genuine trainee positions.

Oualifications Investkation.

qualification investigation may be used to assist

determining experience, training, degree of responsibility exercised and

effectiveness. Inquiries may be made to assist

judging how

well

a candidate

likely

perform

higher

level

or in

different kind

work.

Oral Interview. Individual or group interviews may be held. Oral questions

may

relate

either to subject

matter

knowledge

to other matters pertinent to the position

or the candidate. If oral questions are

the nature of a test, the same questions

and

sequence must

asked of each candidate and a record of their answers made part

of the promotion record.

SELECTION

PROCEDURE

Selection

based on the selecting individual's judgment of how well the candidate

will perform in the position to be filled and the candidate's potential for

advancement. When there are less than five

(5)

names available, the selecting

authority is not required to select someone from the merit promotion certificate.

However,

returning

the

certificate the

selecting

authority

must

state

how

the

position

will

filled.

the selecting authority disagrees with the merit promotion certificate, objections

must be stated

writing

with

request for the Personnel Officer to review the

rankings.

The selecting authority notes

the

name of

the

person

selected

the

merit promotion

certificate. Reasons for selection do not have to be cited.

The Personnel Officer

notifies all eligible candidates of the selection including the person selected.

When

the

promotion involves

move between organizations, the effective date is

negotiated, and barriers may not

placed against the employee's release by the

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losing organization.

The

interval between notification of selection

and

the release

date may not

than

thirty

(30)

calendar days unless agreed to

the gaining

organization. When the move between organizations also involves a move between

islands,

the appointing

authority

concerned must give

prior

approval

the selection.

When a first-line supervisory position

filled,

a determination

made as to the

amount of supervisory training needed to meet

the

standard.

The

selecting individual

and

Personnel Officer

will

determine

and,

where necessary, schedule the training

needed to meet the standard.

TNFORMATION

EMPLOYEES

Empbyees' acceptance and support of the Personnel Service System promotion

program depends to a large extent on how well they understand its purpose and

operation and are aware of its effect on them individually. The program does not

guarantee a promotion to every employee, but it does give every employee an

opportunity for fair consideration.

New employees will receive promotion program information as part of their

orientation. All employees

will

receive this information from

time

to time.

EMPLOYEE

QUESTIONS

AND

COMPLAINTS

Employee Ouestions. Any employee who has filed

response to a promotionaI

opportunity announcement

who

has

been

considered

for

promotion

may

present

questions to the Personnel Office which handled the vacancy, within seven

(7)

calendar days after receipt of notification

selection. Questions may

submitted

person,

writing, or through a representative. Among other considerations, an

employee is entitled to know:

(1)

The level of eligibility for a specific promotion;

(2)

considered

for

specific promotion and,

so, whether found eligible;

(3)

the

group from which selection

was

made; and

(4)

Who

was selected for the promotion.

Employee

Com~laints.

the

employee

dissatisfied

and

the

matter

cannot

resolved

an informal basis, the employee may have recourse to Part

IILG,

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(1)

No suitable reassignment

can

made

within

the department or location to

which the employee is assigned; and

(2)

Medical examination procedures,

outlined in

Part

111-B5,

have been

complied

with.

However, if a claim is made by the employee

that

the medical reason constitutes a

disability under the federal Americans with Disabilities Act

(ADA),

the provisions

of that act shall

followed, as applicable.

An employee whose services

are

terminated under this

part

may

eligible for

disability retirement under the

NMI

Retirement Program.

The

responsibility for

applying for disability retirement

rests

with

the employee although it is the

responsibility of the Personnel Officer to assure

that

the employee is aware of such

opportunity.

Volunw Demotion.

employee may volunteer for demotion to

lower class of

position at a lower

pay

level. The approval of such

request by the appropriate

management officials

must

contingent upon the following factors:

(1)

A vacant position in the class and pay level must

available

within

the

jurisdiction of

the

management official concerned.

(2)

No additional cost shall

accrue

to the government

a result of

incident to

the demotion action.

(3)

The

salary

the

demoted employee

the lower level position

shall

set

the same numerical step in the lower level position

the employee

received in the higher position.

IILD2

~ONS

FOR

PERSONAL

CAU~

AND

REASONS

(ADVERSE

ACTION)

ntv

to take Adverse

Unless specified by law,

the

authority

hire

followed

the authority

effect adverse actions.

For

this

purpose,

appointing

authorities shall include

the

Governor, the Lieutenant Governor, staff officers, the

Personnel

Officer,

department directors, resident department

heads

and chairpersons

of boards

and

cornmissioas. These persons may delegate,

writing,

authority to

effect adverse

actions

to division heads of departments, or to executive directors of

boards

and commissions.

The

authority to

effect

adverse actions may not

further

delegated or redelegated. Throughout

this

part

the term "appointing authority" will

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refer

only to

individual who is specifidly granted authority

this

part to effect

adverse actions.

Emplovee

Cove-.

This part applies to

all

permanent employees of the

government,

provided under Constitutional Amendment No.

and

CMC

seq.,

except:

Employees whose appointments must

made

with

the advice and consent

of the Legislature;

(2)

Emptoyees, temporarily promoted, to

returned

to their former positions

from

which temporarily appointed;

(3)

Employees

and

appointees in positions excepted by the CommonweaIth

Constitution;

(4)

Employees

under

the

Ofices of

the

Mayors

stated

CMC

55101,

seq.; and

(5)

Employees

hired

under special contracts for

specified term not to

exceed

one

(1)

year.

Merit of

Adverse

Ar;tian.

An action

against

employee may not

taken

under

this

part except for

"such

cause

will

promote the efficiency of the service."

hment.

admonishment is

informal disciplinary

measure.

manager

or supervisor

may

discuss at

any

time minor deficiencies

performance

conduct

with

the objective of improving

employee's

effectiveness.

Admonishments shall

not

made

matter

record.

reprimand is a formal

means

of calling to

employee's attention

minor deficiencies in performance or conduct

which,

if continued, may result in

fiuther disciplmry measures.

is the

first

formal step in

the

disciplinary process.

Reprimands

are

always

writing

and

should contain specific references to

performance deficiencies, citations of instances

misconduct, and

warning

that

stern disciplinary measures may

taken if

the

employee's performance

conduct is not improved.

copy of

the

reprimand

becomes

a part of

the

employee's

Official

Personnel Folder

(OPF).

There

recourse

formal

appeal

processes

reprimand,

however,

employee who feels

reprimand

not justified

may

resort

to the

Grievance

Procedure.

(See

Part

1II.G.)

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Furlouah.

furlough is

action placing

employee in a non-duty

and

non-pay

status because of lack of work or

funds.

adverse action if for a period of

thirty

(30)

calendar days or less. Furloughs of more

than

thirty

(30)

calendar days are

reduction-in-force actions and shall be accomplished using reduction-in-force

procedures. (See

Part

I1I.E.)

Sus~ension Not to Exceed Three

(3)

Working: Days.

suspension is

action

placing

employee in a non-duty and non-pay status for disciplinary reasons for a

period not to exceed three

(3)

working days. There is no formal appeal from such a

suspension, although the employee may resort to the Grievance Procedure if the

employee feels the suspension is improper or not justified. (See

Part

1II.G.)

Suspension for

than

Three

(3)

Workine Dav~.

suspension is

action

placing

employee

non-duty

and

non-pay

status

for disciplinary reasons.

Appointing authorities authorized to take adverse actions may suspend

employee

for such cause

will promote the efficiency of the government service, provided all

adverse action procedures are followed.

Abandonment of

Job.

employee absent without leave

(AWOL),

without valid

reason, for a combined total of ten

(10)

working days in any twelve

(12)

month

period may be terminated from employment for job abandonment, provided

all

adverse action procedures are followed.

As of the last day of such

AWOL,

the employee's absence may

considered in

effect

resignation.

appointing authority may cancel such termination, however,

if it detedes that circumstances warrant such cancellation. Nothing

this section

shall preclude

appointing

authority

from taking disciplinary action against

employee for absence without leave.

Removals. Appointing authorities may take removal action against

employee for

just cause provided all adverse action procedures are followed.

Reduction

R-.

Appointing authorities

may

take action to reduce

employee in

rank

or pay for cause.

(1)

"Reduction

rank"

means more

than

one numerical

grade

or pay level under

the classification system. Basically,

means lowering an employee's relative

standing in

the

organizational structure

determined

the employee's

official position description,

employee's position assignment may

changed only

official personnel action. When

employee is made

the

subject of

official personnel action

which

results

in lowering

the

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employee's relative standing

the organizational structure,

reduction

rank

has

occurred even though there

has

not been

reduction

class

or pav

level. Such actions may

taken only under adverse action procedures.

(2)

"Reduction in pay" means reduction

basic class and

pay

level

employee. The base pay is fixed

law or administrative action. Base pay

does not ordinarily encompass extra or additional payment for special

conditions or duties

which

are generally regarded

premium pay or

allowances. To reduce class

and

pay level for disciplinary reasons,

appointing authorities authorized to take such actions must follow adverse

action procedures.

Se~aration duri~p Probation

(1)

If it becomes evident during

the

probationary period

that

the employee lacks

the ability, attitude or desire to become

efficient

and

productive employee

in the position to which appointed, or there is lack of funds

work

to be

done, that employee shall be separated from the service. However, if the

probationary employee claims that the apparent lack of ability, attitude, or

desire is due to

disability under the Americans

with

Disabilities

Act

(ADA),

the provisions of that act

shall

followed,

applicable.

(2)

Appointing

authorities who find it necessary to separate

employee during

probation shall provide

the

employee

with

not less

than

fourteen

(14)

calendar days notice, in writing, specifying the reasons for

the

separation.

The employee shall

afforded the

right

to discuss the situation

with

the

management official next above the one initiating the separation.

such

management official does not make a final decision known to

the

employee

before the separation date, the employee

may

seek

the

assistance of the

Personnel

Officer

to have the separation date extended for

additional

fourteen

(14)

calendar days.

The

Personnel Officer

may

reject such request

for good cause.

(3)

Grievance, adverse action or reduction-in-force procedures do not apply to

separations

during

probation.

Procedure

for

Taking

Adverse

Actiom. Appointing authorities must observe certain

procedural requirements

when

processing adverse actions covered in this sub-part.

These procedural requirements

are

presented here

abbreviated form,

letter of

proposed adverse

action

must

reviewed

the Personnel Officer and

the

Attorney

General,

their designees, before issuance. Procedures for removal, suspension for

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than

three

(3)

working days, hlough without pay and reduction in

rank

or pay

are

follows:

The appointing authority must

give

the employee at least

tturty

(30)

days

advance written notice of

the

proposed action. In the event that crimind

charges are filed against

employee, the employee shaIl be immediately

suspended without pay, reassigned, or subject to such other action

management may deem necessary.

the event the charges are dismissed or

the employee is found not guilty,

the

employee shall

reinstated

with

benefits

and

pay retroactive to the date of suspension.

The notice

must

state any

and

all reasons for the proposed action specifically

and

detail.

The employee has the right to answer personally ador

writing.

The

employee

shall

allowed

not more

than

twenty

(20)

days

answer

the

notice

proposed action. Except

noted

Item

below, three

(3)

work

days

within

the allowed twenty (20) days shall

official

time

which to

secure

&davits

and

prepare

answer. The Personnel Officer may extend

the official

time

not to exceed three

(3)

additional work days.

the employee answers, management must consider

that

answer.

at all practicable, the employee must

kept on active

duty

the

regular

position

during

the

notice

period.

emergency, however, the employee

may

suspended during the advance notice

period

and placed on Leave

Without

Pay

(LWOP) or,

with

the employee's consent,

canied

annual

leave.

Management

must

give the employee a

written

decision before the adverse

action is effected. The decision

must

state which of the reasons

the

advance notice have been found sustained and which have been found not

sustained.

The

decision

must

tell

the

employee of appeal

rights.

Advance written

notice

and opportunity to answer

are

not necessary if the

employee

furloughed due to unforeseeable circumstances, such

sudden

breakdowns

in equipment,

acts

God,

or emergencies

requiring

curtailment

of activities.

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ADVERSE ACTION PROCEDURAL SYSTEM

MANAGEMENT OFFICIAL'S

LETTER

PROPOSED ADVERSE ACTION

EMPLOYEE'S

PRESENTATION

EVIDENCE

MANAGEMENT OFFICIAL'S LETTER OF

DECISION

EMPLOYEE'S WRITTEN

APPEAL

CIVIL

SERVICE COMMISSION

CIVIL SERVICE COMMISSION

HEARING

(If

CIVIL

SERVICE COMMISSION DECISION

art

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111,

SUB-PART

REDUCTION-TN-FORCE

(RIF)

GENERAL:

This sub-part estabIishes the general regulations under which reduction-in-force shall

be accomplished. These regulations concern the removal or reduction

class or pay level

employees because of lack of work or

funds,

or other management requirements, but not for

disciplinary reasons.

appointing authority should exhaust

all

administrative alternatives to place

the employee

another equivalent position before reduction-in-force procedures are instituted.

III.El

POLICY

the policy of the government, within its available resources, to provide

job

security to every

employee. When it becomes necessaryto reduce the work force, every

effort

will be made

ensure

that

the reduction is accomplished

with

minimum

disruption

operations

and

minimum

negative

impact on each empIoyee affected.

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PART

111

Marianas

administration under

US.

Navy and

NTTU.

Until

1962,

when

TPI

Headquarters moved to Saipan, the

Marianas

(Saipan and Tinian) were under

Naval Administration. Rota was already included in

TTPI

Administration'

prior to

1962.

Personnel under municipal governments.

A11 employment within TTPI including: Peace Corps, Micronesian

CIaims

Commission, National Weather Service and

U.S.

Coast Guard.

U.S. military

and

civilian service in the Trust Territory. Active military

service in United States Armed Forces; civilian service with the

U.S.

Armed

Forces in the TTPI.

Employees of judiciary and legislative branches (Congress of Micronesia,

municipal councils

and

district legislatures).

Judiciary, including district

court judges who may have been or are presently on

WAE

appointments.

Service in the Commonwealth Government since April

1976.

Trust Territory Government employment under the

Seaman's

Act.

Employees of government agencies

and

instrumentalities within the

Commonwealth.

F. Retention Standia Retention standing is derived

allotting

(1)

one point for each

year of creditable service, and two

(2)

points for an exceptional overall rating of

4.2

or better. In competing

with

other employees for retention

a competitive level, the

individual

with

lowest retention standing shall be released first. (See Part VII1.E.)

Reemploynent

Priority

Lists. Employees serving under permanent appointments

who are separated by reduction-in-force shall be placed on

appropriate

reemployment priority

list

for

three

(3)

years or until returned to duty

a permanent

position in the Personnel Service System. An appropriate reemployment priority list

is the one established for

the

class

and

pay level fiom

which

the employee

was

finally

separated.

III.E5

TATIONS ON COMPETITION

Obligated positions are positions fiom which the incumbent is temporarily absent

because of:

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(1) Approved educational leave;

(2)

Temporary promotion; or

(3)

Detail to another activity.

Employees who are incumbents of obligated positions shall not be placed in

RIF

competition until they have been returned to duty in the obligated position.

Similarly, obligated positions shall not be abolished until the employee returns to

duty in that position. The Personnel Officer, having jurisdiction over

obligated

position, must keep a record thereof in such form or manner that will assure

recognition

and

protection of the obligated position and its incumbent.

III.E6

TENURE

GROUPS

For

the

purposes of reduction in force, PersonneI Service employees shall be classed in tenure groups

as follows:

TENT

JRE GROUP

All permanent employees.

TENURE

GROUP

Employees serving

a probationary appointment.

TENURE GROUP

I11

Employees serving in limited term or provisional appointments.

III.E7 FURLOUGH AND SEPARATION

The Personnel Officer may use furloughs for more

than

thirty

(30)

days

there is

reasonable assurance that the employees fidoughed

will

be returned to duty within

the next twelve

months. If there

reasonable doubt regarding

the

return to duty

furloughed employees, then the appointing authorities concerned must separate the

employees found to be in excess of managements's needs and proceed according to

reduction-in-force procedures.

combination of furlough and separation may be used to clear the rolls of excess

employees, provided no employee is separated while furloughed employees with

lower retention standing

are

kept in furlough status.

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I11

IILEI

TRANSFER

FUNCTION

Function defined. For the purpose of these regulations, "function" means all or a

clearly identifiable segment of an entity's mission and the integral parts of that

mission, regardless of how performed.

Transfer of employees. Before a reduction-in-force is made in connection with the

transfer of

any

or a11 of the functions of an entity to another continuing entity, each

competing employee in a position identified with the function or functions shall be

transferred to the continuing entity without change in

the

tenure of employment.

employee whose position is transferred solely for liquidation and who is not

identified with an operation function specificaily authorized

the time of transfer

to continue in operation more than sixty

(60)

days is not a competing employee for

other positions in the receiving entity.

Change of location.

change of location of a function does not automatically

qualify as a transfer of function. The function must move from its commuting area

at the time of the transfer to a new commuting area. Consolidation of activities,

reorganizations

other changes not involving a move to another commuting area do

not qualify as

transfer of function for the purpose of these regulations.

function

transferred for the purpose of liquidation is not a "function" for the purpose of this

regulation and therefore should not be treated

a transfer of function.

Failure to accompany

function.

employee in a position in

function which is

to be transferred, who does not intend to accompany the function to

the

new location

and so indicates

writing to management, shall be separated from the Personnel

Service using the adverse action procedures

Part

1II.D.

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PART

111,

SUB-PART

EMPLOYEE

APPEALS

GENERAL

This sub-part establishes the Personnel Service Appeals System. Any employee of the Personnel

Service may appeal, personally andlor in writing, a decision to take adverse action resulting from

reduction-in-force procedures, or

"unsatisfactory" or "satisfactory" performance rating.

any

appeal the appealing employee and

the

appointing

authority

have certain rights which shall

not be denied. These include:

Right to

Hearing. Upon the filing of

appeal by an emk:.yee, both the

responsible management official and the employee

are

entitled to

full and fair

hearing before the Civil Service Commission or a hearing officer designated by the

Commission, to present evidence and to be represented by counsel. At the hearing,

although technical rules of evidence shall not apply, the testimony shall be recorded.

The

Commission shall render its findings of fact

and

find

decision in writing

with

service on all parties.

Only one

(1)

hearing is held, unless

the

Commission determines that unusual

circumstances require a second hearing. It should

noted that the hearing provided

this sub-part is separate

and

distinct from the employee's answer

and

presentation

of evidence in response to

letter of proposed adverse action.

Any

evidence may be

presented at the hearing which the Commission or hearing officer allows, that bears

on the issue of whether adverse action taken

was

justified and proper.

Denial

a Hearing.

(I)

The Commission may make

the

determination to deny a hearing on

the

appeal

when a hearing is impractical by reason of unusual location or other

extraordinary circumstance. In this event

the

Commission must notify both

parties

writing

the reason(s) for denying

hearing.

(2)

If the Commission determines that no hearing is reasonably possible,

the

appointing authority and

the

employee will be notified

submit,

writing,

any additional evidence they desire to present on the issues so that

decision

can

made on

the

record without

hearing.

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Freedom from Reprisal or Interference. UnIess an employee feels free to use the

appeal system, the system

will

not serve the intended purpose of giving a means for

review of dissatisfaction.

employee and the employee's representative, therefore,'

must be free to use the system without restraint, interference, coercion,

discrimination or reprisal.

An employee, whether acting in

official capacity for the government or on any

other basis, must not interfere

with,

or attempt

interfere with, another employee's

exercise of rights under this sub-part. To

fully effective, the spirit as well as the

letter

the

requirement

must

enforced.

not

enough

for

official

abstain

from overt acts or interference. The official must also refrain from making

any

statement or taking any action that has the appearance of

threat, interference or

intimidation.

Employee Representation. Employees have the right to present

appeal without

representation. They also have the right to

accompanied, represented and advised

by a representative of their choice at any stage of the proceeding. Employees may

change their representative, but to do so, they must notify the Commission of the

change, in writing.

Employees may select other government employees

their representative, provided

that such employees are willing to represent them. In addition, the representatives

must be free to do so, e.g., not be disqualified because of conflict of position or

unavailability to serve

that capacity because

priority needs of the service or

reasonable cost to the government as determined

the appointing authority or

management official. Employees are free to select as their representative anyone

outside

the

government

service:

but

entirely

their

own

expense.

Government Representation.

The

appointing authority's representative at Civil

Service Commission hearings must

the Atto,mey General or designee.

Em~loyee Entitled to Official Time to Prepare

Appeal. Employees are entitled to

a reasonable amount of official time to prepare their appeal

they are otherwise

an active duty status. If the employees' representatives are employees of the

government, they are also entitled to a reasonable amount of official time to prepare

the appeal

they

are

otherwise

an active duty status. Both the employees who

appeal

and

the employees who act as representatives shall make arrangements with

the Director of Personnel Management for use of official time. The Director of

Personnel Management shall determine the reasonable

amount

of official time that

is to be granted

and

will inform the supervisors

the employees

and

of the

employees' representatives.

The

time to be allowed must necessarily depend on the

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facts and circumstances of each case, e.g., the number and nature of the reasons

stated in the letter of decision, the specifics, the volume

the supporting evidence

compiled by the management officiaI,

the

availability

documents, witnesses,

assistance at the employee's place of employment and similar considerations. If

preparation requires more official time than

was

originally considered reasonable, the

employees or their representatives may request the Director of Personnel

Management for more time. The request should explain fully why more time is

needed. The Director of Personnel Management will determine

the request is

reasonable and should

granted.

granted, the Director of Personnel Management

will make the necessary arrangements.

III.F3

EMPLOYEE

APPEAL

An employee must file an appeal within fifteen

(15)

calendar days after deliver! of the letter of

decision. The appeal must be in writing

and

must be delivered personally or by Certified or

Registered Mail to the

Civil

Service Commission.

The

appeal must give the employee's reasons for

contesting the adverse action, together with

any

offer of proof and pertinent documents

the

employee

desires to submit.

should also include a request for hearing if the employee so desires. Employees

located away from

Saipan

must also meet the fifteen

calendar days period for filing

appeal

to the Commission. If Certified or Registered mail is utilized, the appeal must be postmarked no

later than the 15th calendar day.

III.F4 PREPARATION

FOR

HEARING

When the Civil Service Commission grants

hearing and establishes

hearing date,

it will notify the Director

Personnel Management, giving the employee's name,

title, grade and organizational unit.

The

Director of Personnel Management must meet the employee and representative

and the appointing authority

and

representative (either simultaneously or at different

times) within seven

(7)

calendar days,

possible, after receiving notice that

hearing has been granted.

it is not possible to hold the meeting or meetings within

the seven

(7)

calendar days,

the

meeting or meetings will

held as soon thereafter

as possible.

such event, the Director of Personnel Management will inform the

Commission of the delay

and

request

hearing date

necessary. Separately, the

employee and the appointing authority will be required to furnish the Director of

Personnel Management and the other party the following information:

(1)

Employee's list of witnesses containing the name, location and occupation of

each witness;

summary of

each

witness; anticipated testimony; and the

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111,

SUB-PART

GRIEVANCE

PROCEDURE

III.Gl

GENERAL

Consistent

with

the principles

good management, the government recognizes the importance

settling labor-management disagreements and misunderstandings promptly, fairly

and

ways

that

will maintain the self-respect of both the employee and

the

supervisor.

accomplish this, every

effort will be made to settle grievances expeditiously and at the Iowest possible level

supervision.

III.G2

EMPLOYEE

COVERAGE

The Personnel Service grievance system covers

all

Personnel Service

System

employees.

III.G3

GRIEVANCE

COVERAGE

The grievance system will cover all matters

concern or dissatisfaction to

eligible employee

unless excepted by

Part

III.G4.

KG4

MATTERS

NOT

COVERED

The

grievance

system

will

not cover the following:

adverse action appealed under

Part

1II.D;

fitness-for-duty examination;

The content of published government policy;

Non-selection for appointment, promotion,

transfer from

group

properly

ranked and certified candidates;

Non-adoption

a suggestion or disapproval of

merit increase, performance award,

other

kind

honorary discretionary

award;

and

employee who is serving

probationary status.

FREEDOM

FROM RESTRAINT

Employees will be unimpeded

and

free from restraint, interference, coercion, discrimination

and

reprisal in seeking adjudication of their grievances

and

appeals.

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(2)

The

details of the grievance;

(3)

The corrective action desired; and

(4)

The

name of the employee's representative,

any

FORMAL

GRIEVANCE

PROCEDURE

The appointing authority will examine the grievance, discuss it with the grievant or

representative and render a decision,

writing, within fourteen

calendar days

after receiving the grievance. The appointing authority may have present the

employee's immediate supervisor, if it deems it appropriate to the resolution of the

grievance.

the appointing authority is not successful in settling the grievance to the employee's

satisfaction within fourteen (1

calendar days after it is presented to the employee

in writing, the employee shall, within fifteen

(15)

calendar days after receiving

written notification of the decision, submit a grievance to the Civil Service

Commission.

The Civil Service Commission shall set a time for its review of the case within a

reasonable time after receiving

grievance. If the Commission desires to have the

grievance heard by

hearing officer, it must inform the aggrieved employee and

representative

soon as possible.

In hearings before the Civil Service Commission or

hearing officer, the aggrieved

employee and/or representative shaI1 be allowed to appear and present the case.

appropriate management representative shall also be allowed to appear before the

Commission.

Both

sides shall have the right to call witnesses in support of their

positions and to cross-examine witnesses for the other side. The ~&nrnission or the

hearing officer shall prepare a summary of the hearing. If both parties desire

formal, written record prepared by

reporter, the cost of such services shall be shared

equally.

only one side desires a formal written record of the proceedings that side

shall bear the cost.

The Civil Service Commission shall reach a decision

and

present

formally to the

appropriate management official within fifteen

worlung days following the close

of the formal hearing. Decision by the Civil Service Commission shall be made

a two-thirds

(2/3)

vote

the entire members,

required by

CMC

et seq.,

and

shall be final.

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PERSONNEL

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SYSTEM

RULES

AND

REGULATIONS

PART

IV,

SUB-PART

POSITION

CLASSIFICATION

GENERAL

All positions subject to the provisions of the Personnel Service System shall be classified in

accordance with the approved Position Classification Plan.

IV.A2 DEFINITIONS

A. Position Classification. Position Classification means the process by which

employment positions in

organization

are

identified, described and defined

according to their duties

and

responsibilities, with like positions segregated Into

groups called "classes".

systematic record is made of the classes found and listing

is made of the particular positions found to be of each class.

Class.

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 said class.

The

same standard

qualifications may be required of all incumbents, the same test of fitness may

used

choose qualified employees,

and

the same schedule of compensation may be

applied

with

equity under the same or substantially the same employment conditions

given

class;

although suficiently dissimilar ftom any position or any other group

of positions to warrant exclusion from those groups of positions.

The class title assigned to

position in accordance with the Position Classification

Plan shall

the official title

and

will be used for all personnel, budgetary and

financial purposes, and should

used for all position organization charts,

Position.

The

work, consisting

duties

and

responsibilities assigned

competent

authority for

performance

by an employee.

Position Classification Plan. Position Classification

Plan

means classes of positions

arranged

systematic order to

reflect

a11

the

kinds

and

levels of work

utilized

the Personnel Service.

Appointinn Authority. Appointing Authority means a person or

designee of such

a person having power to make appointments or changes in status of

employee in

the Personnel Service.

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PERSONNEL

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PART IV

Allocation. Allocation of a position means the assignment

a position to

its

appropriate class on the basis of analysis of the duties and responsibilities of the

position.

Reallocation. Reallocation of a position is a position change resulting from

change

of duties and responsibilities over a period of time, not a result of planned

management decision and action.

Reclassification. Reclassification means change

a position or group of positions

different class as a result of a change

assigned duties and responsibilities,

classification standards,

as a result of correcting a classification error.

Class Specification. Class specification means

official position classification plan

document description of the general characteristics of

class,

:::d

includes the

official class title,

detailed description of

the

scope of duties and responsibilities of

the class, specific examples of work or typical duties performed

and

statement of the

qualifications required to perform the work

the class.

Occupational Group. Occupational Group means a major subdivision of a position

classification plan, generally embracing several series of classes of positions in

associated

Iated work specialties, professions or related activities. (For example,

"Clerical

and

Machine Operationtt, "Administrative, Management, and AIlied", and

"Agricultural and Allied" are occupational groups."

Series of Classes. Series of classes means classes closeIy related as to occupational

specialty

but

differing in level of difficulty, responsibility and qualifications required.

(For example, the three classes of Architect

Architect I1 and Architect

III

taken

together make up a series of classes.)

Position Description. Position description means

formal, official written statement

management which documents

the

description, assignment or arrangement

the

duties and responsibilities of a position.

PRINCIPLES

AND

POLICY

he basic principles underlying the position classification system are:

A. Equal pay for equal work; and

Variations in pay in proportion to differences in difficulty, responsibility and

qualification requirements

the work. The Personnel Service System's position

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PERSONNEL SERVICE SYSTEM RULES AND MGULATIONS

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classification program applies these principles in response to management's

expressed needs and

support of mission accomplishments. Changes in

classification shall not be made for the purpose of raising or reducing pay, but only

to reflect clear and significant changes

duties and responsibilities. Supervisors

and

managers are expected to organize the work of their organizations and structure the

positions so that vacancies

can

be filled at the lowest level at which qualified

applicants can be obtained.

RESPONSIBILITIES

Personnel Officer

Administers a classification program which supports management's

objectives, meets legal and regulatory requirements, and promotes

participation by operating officials in the classification process.

Provides advice and assistance to management

the classification aspects

position structure needed

carry

out the government's mission.

Conducts periodic reviews to evaluate the effectiveness of the classification

program and directs corrective action where appropriate.

Develops new classification standards, revises existing standards as needed,

seeks advice

and

counsel of appointing authorities with the approval

the

Civil Service Commission.

Groups positions into classes on the basis

their similarities

duties,

responsibilities and other significant factors.

Assigns

title to each class which shall apply to

alI

positions in the class;

describes the characteristics of each class; and sets the standards for

employment in

any

position

the

class

subsequent to consultation

with

the

Civil Service Commission

and

the appropriate management officials.

Changes

position from one class to another where substantial changes have

occurred

the duties and responsibilities.

Determines the status of occupants of positions which have been changed

from

one

class

another.

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The Personnel Oficer is authorized to delegate authority to the degree to which the

Personnel Officer deems appropriate, including to other qualified personnel in the

Personnel Office, to identify positions which have been approved and allocated

within

the

Classification Plan.

13.

Appointing Authorities and Supervisors

Plan, organize, develop

and

assign duties and responsibilities to positions

whether occupied or vacant;

Consider the mission of the organization and structure positions for

accomplishment of requirements in the most effective and economical

manner possible;

Assure that assigned duties and responsibilities do not duplicate or overlap

those of other positions;

Assure that 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;

Develop, prepare, maintain

and

submit factual and up-to-date functional

statements and organizational position charts which clearly depict such

information as assigned organizational andfor 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; and

Assist employees to accomplish

the

foregoing.

IV.AS

POSITION

PLANNING

The supervisor is responsible for position

planning.

The

supervisor analyzes the work to be

accomplished, decides on work or production methods,

and

determines the requirements for

supervision, special technical support, qualitative and quantitative controls, and review

and

evaluation.

well defined position has clearly defined operation, tasks, duties, authorities,

responsibiIities and supervisory relationships.

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This

page

intentionally

left

blank.

Part

IV,

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PART

of two weeks' notice must be given the losing supervisor or appointing authority prior to effecting

a transfer.

IV.Bl1

EFFECT

SERVICE

ANNIVERSARY

DATE

An employee's service anniversary date

will

not

affected

detail,

acting

assignment,

temporary promotion.

IV.Bl2

REALLOCATION/RECLASSIFICATION

POSITION

HIGHER

PAY

employee whose position

reallocatedkeclassified to a higher class shall be compensated at the

lowest step in the higher pay level which at least equals

the

amount of

two (2) step increase in the

lower pay level. The rate of compensation cannot exceed the rate of the

maximum

step in the higher

pay level. The anniversary date of the new

reallocation/reclassification

shall be re~ycled.

1V.B

EFFECTIVE

DATE

POSITION

CHANGE

The

effective date of all position changes shall be

the

beginning of the first pay period immediately

following

the

approval

the

action

the

Director

Personnel Management. Exceptions to this

rule

may

made

the

Director

Personnel

Management

only

for

such reasons as

will

expedite

public business

ar~d

not

result

inequitable situation.

1V.B

WITHIN-GRADE

INCREASE

Within-grade

increases

may

granted

employees

upon

completion

fifty-two

(52)

consecutive calendar weeks

satisfactory performance.

Employees who

are

included under the Personnel Service System and assigned

work part-time will be eligible for a within-grade increase only at such time as the

cumulative total

all hours worked equates to a standard work year of 2,080 hours

and such work has been satisfactory. Employees who

are

employed on

intermittent basis are not eligible to receive within-grade increases.

The effective date of a within-grade increase shall be the first day of the first pay

period following completion of the required waiting period.

For all positions, approved leave in a non-pay status

(LWOP)

andlor unapproved

leave

(AWOL)

not to exceed eighty

(80)

hours, is creditable toward the waiting

period for a within-grade increase. Unapproved Ieave (AWOL) and leave without

pay

(LWOP) of more

than

eighty

(80)

hours will extend the waiting period by at least

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PART

Overtime compensation

will

ody

paid

for

hours

actual1

worked in excess of forty

(40)

hours

week. Paid leave shall not be included in the

computation

hours actually worked, except for administrative leave allowed

pursuant to

Part

VII.A4(G)(I)

VlI.A4(G)(4).

Time

during

which

employee is

required

remain at a prescribed workplace shall be

included

in the hours

actually

worked, even

no work

performed.

&g&

The regular rate of pay shall

include consideration

the following compensation

for

employment:

Basic pay (one-eightieth

biweekly

salary)

for the first forty

(40)

hours

actually worked in the workweek, including work on a holiday

(but

not the

amount

also

paid

for

holiday

leave),

and

including basic pay far work during

typhoon

emergency

(but

not

the

amount

also

paid

fur

admi~istrative

leave),

regardless of whether actual compensation

during

such emergency

higher

because

any

such

work

was

performed outside

regular

duty

hours;

and

Any hazardous work differentia1 earned during the workweek; and

Any

night

work differential (which can only be earned during regular duty

hours); and

Any

premium earned for remaining on call for duty during a regularly

scheduled period

excess of

forty (40) hour week; and

Payment

for

housing

transportation

and from work provided

the

employee, or the fair value

those benefits if

they

are

provided directly by

the

government,

pro-rated

determine

the

amount for that workweek. The

fair value shall

the

amount specified by the Secretary of Finance for

tax

purposes.

Calculation of Regular Rate

Pay

and Overtime.

The

computations set forth below

are guidelines that describe how overtime generally is computed under the

FLSA

the

effective date

this

provision.

However,

there

arc

numerous

official

federal

interpretations that

may

be applicable

individual cases. Also,

a result of federal

statutory or regulatory changes or

a result

court rulings, the computations may

change from time to

time.

case of

any

discrepancy, applicable federal

iaw,

regulations, and

interpretations

shall be followed in

lieu

these guideIines.

A11

payroll

offices

are required

become

knowledgeable

and

keep

ctment

regarding

applicable overtime regulations under the

FLSA.

Guidance should be sought, as

necessary, from the

Department of Labor.

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PART

The

maximum

autlrrorized

accumu1ath

compensatory

time

eighty

80)

hours. When

employee

has

accumulated eighty

(80)

hours of

compensatory

time

off, all overtime must be paid in

cash;

and

employee's request to

use

compensatory time off must be granted within

a reasonable

time

unless the responsibIe official determines the time off

would be unduly disruptive to operation of

the

activity; and

Accrued

balances

of compensatory time off at the termination of employment

must be paid at

the

average

basic pay of the employee over the Iast three

years of employment or the final basic pay, whichever

higher.

Transition Provision. All compensatory time off carried "off the books:

through

in-house agreement or arrangement shall

converted to official

compensatory time off

of the effective date of the amendment. The

approving official shall be personally liabIe for

any

compensatory time off

granted through

non-officiaI in-house agreement or arrangement after

the

effective date of this amendment.

employee who

has

a balance of more

than eighty

(80)

hours of compensatory time because of this transition

provision must be paid immediately for the balance exceeding eighty

(80)

hours.

funds are not available for such immediate payment, the bdance

will be converted to annual leave.

Intelligent

and

responsible

control

overtime

continuing management function and certain steps are to be taken by all

appointing authorities and supervisors to reduce overtime. Overtime work should be

directed to a specific objective or goal,

and

should not be work that can be completed

during the regular workday, nor postponed to

the

following

day

or days.

Management should:

(1)

Ensure that

every

effort is made to improve management

the worker-hours

available

during

the

40-hour

work week; eliminate

unessential

low

priority

work; make certain that reasonable discipline is maintained with respect to

hours of work, leave, punctuality, industry and individual productivity.

(2)

Examine the purpose of overtime to determine whether the work to be

accomplished requires immediate completion. No overtime should be

approved to complete any work that could

delayed without undue

hardship.

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Where recurring overtime appears necessary, compare the relative cost of

additional personnel versus the current cost of overtime. Where additional

personnel would result

less cost to the government, reassign employees

less essential positions, wherever possible.

Pool clerical personnel and loan employees fiom one activity to another

the needs require. No situation should

allowed to exist

wherein

employees

are not llly occupied in necessary work the full

eight

hours a

day.

Use

available recognition devices, merit increase, performance awards and

priority consideration for promotion to reward employees who make extra

efforts on behalf of their organizations. This

wilI

encourage other employees

to raise their sights.

Ensure

that timekeeping duties

are

accomplished during regular working

hours. Overtime shall not

authorized for timekeeping.

Minimize

use of compensatory

time

off. Excessive use of compensatory time

will

take employees away from

the

workplace

the future

and

create a need

for more overtime.

B~~roval of

Ove*.

Overtime must be approved, in advance, by the appropriate

management

official

on forms prescribed by the Director of Personnel Management.

Such officials are Secretaries or their equivalent, or Directors or their equivalent

when

this

authority

delegated.

(1)

employee who is suffered or permitted to work overtime without

authorization shall be paid, because

the

time represents

obligation of the

government.

(2)

The responsible management official has

obligation to discourage

overtime

which

not approved,

and

must take disciplinary action, when

appropriate, against

employee who works overtime without authorization.

The Director of Personnel Management may request documentation of the

steps taken by management to control unauthorized overtime.

(3)

As a general policy,

employee who has taken

annual

or sick leave or who

plans to take

annual

or sick leave

within

the

same work

week

will not be

scheduled to work overtime.

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Sut>ervisors.

a genera1 policy, management officials should

refrain

from directing supervisory personnel to work overtime.

Ion of Overtime Work.

the event three

more employees are directed

to work overtime,

supervisor must be present to ensure proper utilization of the

overtime period.

STANDARD

WORK

WEEK

The standard work week commences on Monday at

7:30

a.m.

and ends on the following Friday at

4:30

p.m. of each week. For FLSA purposes, including the computation

overtime pay, the

workweek is the 168-hour period beginning at

12:O 1

a.m.

on Sunday, unless a different

FLSA

workweek is specified for a particular position.

USE

NON-STANDARD

WOW

WEEK

Non-standard work weeks may be used to provide continuity

service or to fulfill other needs of

the public interest. Schedules for non-standard work weeks shall be devised, in advance, by the

appointing authority, not to exceed

forty

(40)

hours per

week.

When

becomes necessary

change

employee

fiom

standard work week

non-standard work week, the employee shall be given

notice ten

working days in advance of the effective date of the change.

employee is not

given

the

required

notice

change

schedule

work,

the

employee

shall

compensated

the

overtime rate for

those

days worked within the first ten

working days which do not fall within

the

standard

work week.

All government employees shall receive leave with pay

each legal holiday.

Payment for Work

Hold-

employee required to work on a legal holiday

shall be compensated at the base salary rate or the adjusted base salary rate for the

hours actually worked,

and

shall also be paid for the holiday leave

with

pay.

Holidav

Pav

Non-Standard

Work

Week.

When

holidays fa11 on a regular non-

work

day

for employees whose basic work week

other

than

the

standard

work

week,

the

work

day

immediately preceding or succeeding the holiday shall

designated

(as

determined

the department head)

the holiday in lieu

such

holiday

which

occurs on

the

employee's scheduled non-work day.

(1)

Such employees who have designated holidays

lieu

the official holiday

shall,

possible, be excused

fiom

duty

the

designated holiday.

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(3)

Exposure

the

particular

unusual and extreme

hazard

must constitute

reasonable amount of time so as to be clearly recognizable. For example,

several repeated exposures to such

hazard may occur for

brief period of

time, but collectively measured over a period of time, e.g.,

one

day,

may

possibly provide a valid basis for recognition of

the

hazard. Conversely, clear

and sustained exposure to

unusual

and extreme hazard is readily more

recognizabIe

and

measurable.

(4)

Upon receipt of a request to renew a hazardous differential, the Director of

Personnel Management

shall:

(a)

Review

the

pay level assigned to the class which covers the position

involved and

the

hours actually worked

employees

with

that

classification while exposed to the

hazard

involved,

and

determine

whether the pay level should be adjusted for the entire class; and

(b)

Review the justification provided by management

determine

whether

the

employee

still

eligible

for

the

hazardous

work

differential.

Night

Work.

Additional compensation in the form

a night work differential of

fifteen percent

(15%)

base

salary rate or adjusted base

salary

rate

paid for

all

hours worked

between

4:30 p.m.

and

7:30 a.m., when such

hours

are included

within

a regularly scheduled tour

duty.

(I)

ControI Criteria.

eligible to receive payment of a night work

differential,

the

following criteria must

met:

(a)

Payment will be made only for actual hours worked which fall

between 4:30

p.m.

and 7:30

a.m.

(b)

The above

restricted to include only those regularly scheduled work

hours

within

the specified time

period

which

constitute all or a

part

the employee's regular hours of duty.

(2)

Non-payment of Night Work Differential.

Payment of a night work

differential

will

not be

made

for the following situations:

(a)

employee

whose

regular hours of duty included scheduled hours

during

the

period

4:30

p.m.

to 7:30

a.m.,

is absent

and

does not

actually

perform work for

the

hours involved;

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PERSONNEL SERVICE SYSTEM

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ide Commonwealth Service,

employee of the Personnel Service residing in

the Commonwealth and assigned a permanent change of duty station to work at

locations outside the geographic boundaries or admioistrative control limits

the

Commonwealth shall receive, in addition to base salary,

fifty

percent (50%) of the

base salary. Employees receiving housing benefits shall not be eligible for this

differential.

A Medical Officer or Dental Officer who occupies a position

with

duties predominantly clinical,

opposed to administrative in nature, shall receive,

in addition to the base salary, a Special Medical Differential of

thirty

percent

(30%)

of the base salary for the pay level and step of the position.

Advanced Professional.

employee who has achieved advanced professional

preparation through obtaining an L.L.B. or J.D. Degree, a Doctorate in Medicine or

Dentistry, or

earned doctorate

any other field from an accredited United States

university or any other university accredited in the United States, and who is

employed in a position having a requirement for such degree, shall receive, in

addition to the base salary, a premium of

fifty

percent (50%) of the

base

salary

for the

pay level and step of

the

position.

APPROVAL OF PREMIUM.

PAY

OR DIFFERENTIALS

Proposals to either begin or discontinue premium pay differentials shall be submitted on

Request

for Personnel Action

the Director of Personnel Management for review

and

approvai.

The

request

must be accompanied by a letter of justification addressing each of the criteria required to support

the particular differential. Discontinuance of differentials does not constitute a "reduction in pay"

and

does not require a formal adverse action under Part 1II.D.

No employee shall receive compensation for two positions or two appointments in the Personnel

Service. When

employee is engaged in government work other than

the employee's regular

position, such employee shall be placed in

LWOP

from

the regular position, or

(2)

continue the

government salary and reject the salary for the second position, whichever is to the employee's

personal advantage.

Em:

When an employee is engaged as a classroom teacher outside the employee's regular

work day to teach Adult Basic Education or classes for the Northern Marianas College, such

employee shall

paid for work

a teacher at the prevailing rate. Other exceptions may

made

upon proper justification

with

the specific written approval of the Director of Personnel

Management.

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PERSONNEL SERVICE SYSTEM RULES

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PART IV

Employees who are separated fiom the Personnel Service by reduction-in-force (RIF), not eligible

to receive immediate retirement pay, are entitled to severance pay computed as follows:

For each full year of creditable service

with

the government, the employee is entitled

to one-half

(%)

of the employee's biweekly pay rate

effect upon separation by

RIF.

For each full three

(3)

months of service beyond the total full years of service, the

employee

entitled to twenty-five percent

(25%)

of the pay for a biweekly period

at the rate in effect upon separation by RIF. Not more than seventy-five percent

(75%)

of the pay for one biweekly period shall be paid under this part-year provision.

Severance pay is paid at the regular biweekly sequences until the entitlement is exhausted.

employee separated by RIF is reemployed by the government in any capacity before the allowable

severance pay liability is satisfied, the employe2 sacrifices the unpaid balance upon return to duty.

the employee's total creditable service is less than one (1) full year, there is no entitlement to

severance pay.

It is essential that the Civil Service Commission and the government have available accurate data

concerning the time and attendance of employees. This information assists forecasting of future

personnel needs and analysis of current practices. To provide the needed information, it is necessary

that competent timekeepers be appointed and certified.

A. Ap~ointrnent and Certification of Timekeeper. Each appointing authority shall

appoint timekeepers fiom among the employees assigned to such office.

Each

timekeeper shall be assigned designated employees for whom the timekeeper will be

responsible. Every employee (classified service and excepted service) shall be

required to be assigned

timekeeper. Upon the appointment,

each

timekeeper

wiii

undertake a course of instruction in timekeeping procedures as specified by the

Director of Personnel Management and the Secretary of Finance. Upon satisfactory

completion of such instruction, the Director of Personnel Management may certify

acting timekeeper an employee who

has

not yet completed the required instruction,

where circumstances dictate. No person may perform the duties of timekeeper

without certification.

Dutv of the Timekeeper, Each timekeeper will be responsible for recording and

certifying time and attendance records of the assigned employees. Timekeeping

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PERSONNEL SERVICE SYSTEM

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PART

authorized for timekeeping. The timekeeper will also record and certify leave time

taken by any assigned employee. The method of recording and certifying time,

attendance and leave shall be prescribed by the Director of Personnel Management

and the Secretary of Finance.

Time and attendance records, kept by the Timekeeper, are subject to audit by the

Director of Personnel Management or his designee at least once a year. Non-

compliance to this part shall subject the Timekeeper to immediate decertification and

appropriate disciplinary action(s).

Protection of the Timekeeper. It is essential that timekeepers be able to fulfill their

duties without harassment. No person may attempt to coerce, threaten or otherwise

attempt to hinder the timekeeper. Any person violating this provision shall be

reported promptly by the timekeeper to the Director of Personnel Management. Any

person violating this provision may be subject to disciplinary andlor criminal

sanctions.

Em~lovees' Riehts to Challenge Timekeeping Records.

Any

employee who wishes

to challenge the accuracy

any timekeeper's records may institute

employee

appeal under the Grievance Procedure, Part

111.

Part

IV,

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PERSONNEL SERVICE SYSTEM RULES

AND

REGULATIONS

PART

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IV, Page

PERSONNEL SERVICE SYSTEM RULES

AND

REGULATIONS

PART

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bianic.

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Page

PERSONNEL

SERVICE

SYSTEM

RULES

AND

REGULATIONS

PART

SUB-PART

C0MMUNICAT10NS

The government

committed to the policy of participative management. This means that employee

views and opinions shall

actively sought. Managers

and

supervisors shall not take any steps,

either covertly or overtly, which could diminish participation

employees in the management

process through communication of ideas, comments and suggestions to their supervisors

and

superiors.

To this end, supervisors and managers shall make positive

and

continuing efforts to

communicate with the employees in the following ways:

Formally, through:

(1)

The

annual

employee review system and the performance evaluation process

defined in Part VIII of these regulations;

(2)

Staff meetings or other assemblies called for the purpose of informing

subordinates concerning the status of work and programs and discussion of

current matters of mutual interest;

(3)

Contributions to official publications of the government prepared for

information

employees; and

(4)

Such other devices

may be initiated

managers and supervisors to

enhance communications.

Informally, through:

(1)

Frequent contact with employees at their work site to exchange comments

concerning progress of work:

(2)

Maintaining

"open door" policy which encourages employees to

bring

the

&tedm

the

s~pewisers

rn~mgers

&nse

prnhlems

mutual

concern;

(3)

Adopting a helpful and supportive attitude toward the Incentive Awards

Program, especially the Beneficial Suggestion Program;

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(4)

Passing along, promptly, to higher levels of management, complaints and

concerns of employees which cannot be resolved or corrected at

the

lower

levels of supervision;

(5)

Resolving promptly those matters which fall within the authority of the

supervisor;

(6)

Encouraging

morale

and

esprit de corps

by:

(a)

occasional brief group meetings to recognize events and communicate

plans of

mutual

interest to the employees

that

office;

and

(Gj

occsional

ga&eiings

empi"yees

'heir

fmliiies

r'or

picnics or holiday celebrations to promote better understanding and

cooperation.

V.A2

ROLE

THE

PERSONNEL

OFFICER

The Personnel Officer shall designate one or more employees to monitor employee

relations

through

advising managers and supervisors in such areas as:

Advising supervisors

and

managers concerning effect and import of regulations

c"nce-ng

empi"y.eeYs

i;igks

pii"iieges,

mmagement's

fighis,

con&ct

and performance appeals, grievances and communications;

Advising and counseling employees concerning benefits to include the Group Life

Insurance, the Group Health Insurance and the Worker's Compensation;

Advising

all

employees on the impact of

law

and

regulations concerning

the

personnel management function; and

Advising all employees concerning conflict of interest as denounced in the Personnel

Regulations.

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SUB-PART

EMPLOYEE

CONDUCT AND

PERFORMANCE

GENERAL

This sub-part deals with employee conduct and performance when outside influences adversely

ffnnt

nmnl

.IT-P~C

eff~rtivpnpw

The

infl~lences

include,

but are not limited to, the following:

.,,,

,,,,,

c,,-

VAL-.-...

v-.-y-.

----

------------

---

Politics Family Problems

Employee-Supervisor conflict Drug dependence

Employee-Employee conflict Legal concerns

Perceived personal crisis Alcoholism

Retirement crisis Divorce

Death in

family

7.-

---

---Ll---

irrarlwd

y~uvlc~~s

Early

recognition of deteriorating performance or conduct is a vital first step in the government's

program to help the troubled employee retain or resume hisher place

a productive member of the

work force. Early recognition is also an integral part of supervision.

Because the immediate

supervisor must assume such a key role in helping the troubled employee, this sub-part is prepared

to help the supervisor:

Recognize

early

signs indicative of personal problems;

Deal in

appropriate manner with the employee whose work is suffering because

of personal problems; and

Make

the employee aware of sources of help within the organization and the

community.

employer, the government is concerned with any person or social situation which interferes

with

the individual employee's mental

and

physical well-being, or interferes

with

the efficient and

nmmndoh;litv,

rpflprt~

di~rrpdit

the

pprqnnnel

safe

perIomarlct:

ul ~>s+~cu

UUU~~,

l,UUbba

dvpvlA

uvulrj

---------

Service.

is the government's policy to offer assistance through confidential counseling and referral guidance

when indicated. This assistance includes but is not limited to such areas as alcoholism, emotional

problems, family and marital problems, indebtedness, interpersonal conflicts (employee-supervisor,

employee-employee)

and

crisis situations, where it is determined by the employee or management

that these problems adversely afiect empioyee heaith

and

performance. Sick ieave,

mud

ieave

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leave without pay may be granted for approved programs of treatment, counseling or rehabilitation.

The confidential nature of records in these cases will be maintained in the same manner as medical

records.

V.B3

POLICY ON ALCOHOLISM AND PROBLEM DRINKING

As employer, the government is not concerned with the private decision of an employee to

use

not to use alcoholic beverages. Management is concerned with an employee's use of alcoholic

beverages when it interferes with the efficient and safe performance of assigned duties, reduces

dependabi:iiy,

reflects

biserebit

oii

the

Persoiiiie!

Sei-dice.

The government has

interest in any health problem that reduces employee productivity. It

recognizes that alcoholism and problem drinking are treatable illnesses and should be given the

same careful consideration

other health problems. The goal is improved job performance and not

discipline. Accordingly, it is the government's policy to offer assistance toward treatment and

rehabilitation. Sick leave, annual leave or leave without pay may be granted for approved programs

of treatment and rehabilitation.

ACTION

SUPERVISORS AND MANAGERS

Supervisors and managers must be alert to indications of deteriorating performance

on the part of employees under their supervision. Some of the indications which may

occur are:

(1)

A marked change in behavior. This may show up as emotional outburst,

chronic irritability, excessive fatigue, or rule violations;

(2)

Frequent short-term absences, notably the afternoon of pay day or the

following Monday;

(3)

Repeated accidents;

(4)

Frequent complaints related to health;

(5)

Chronic inability to get along with fellow employees; or

(6)

Excessive problem drinking.

Upon identification of presumed problems, the supervisor should approach the

employee to determine the cause of performance change. Should an approach be

rebuffed, which is likely, the supervisor should continue observation of the

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employee's performance, recording occurrences which tend to support the

supervisor's feeling that the employee is troubled.

If the conduct continues for a lengthy period, the supervisor must counsel with the

employee and,

the employee is unresponsive, refer the matter to the Personnel

Of'ficer.

V.B5

ACTION

PERSONNEL OFFICER

Upon referral of a case to the Personnel Officer

a supervisor, the Personnel Officer should contact

the Department of Health and Environmental Services for assistance. Once arrangements for

assistance, on reasonable call, have been made, the Personnel Officer should seek out the employee

and

comsel

the employee to seek medical help. If the employee is agreeable, the Personnel Officer

should notify the supervisor concerned so that arrangements can be made for the employee to seek

help. If the employee is not agreeable, the Personnel Officer should advise the employee that if

hisher unsatisfactory performance continues, disciplinary action may result.

V.B6

ACTION RELATED

ALCOHOLISM

DRUG

ABUSE

-.-

rlen

arl

cmphjieds

uiwitisfzctorq.

i;erfommce

qpem

the

syxviser

c!ea,.!y

tc?

re!ziteL!

excessive use of alcohol or

drug

abuse, the supervisor, with advice

and

assistance from the Personnel

Officer, should advise the employee that hisher removal from employment will be sought. The

Personnel Officer and the supervisor, jointly, shall prepare a letter of proposed adverse action against

the employee according to instructions in Part 1II.D. As a

part

of the said letter, the following

paragraph should be included:

"If, however, you agree to seek medical

heip

aid

and

improve your condition of health,

which

appears responsible for your unsatisfactory work performance, your removal will be held in

abeyance, provided you,

with

the

help of your doctor, establish

program of diagnostic rehabilitation

which is satisfactory to us. The program of rehabilitation must continue successfully for a

minimum

of two years. Should you fail to carry out the program you have agreed to and revert to your former

unsatisfactory performance, we

will

consider that to be a determination on your part that you do not

wish to be retained as an employee in the Personnel Service. I shall then proceed with your removal,

in order to promote and maintain the efficiency of the service."

V.B7

ACTIONS RELATED

OTHER

CAUSES

Should an employee's conduct

and

performance continue to deteriorate

and

the supervisor is

convinced beyond a reasonable doubt that the cause is other than alcohol abuse or

drug

dependence,

the

szper~ism

shodd

consu!t

wit!^

the

Persolln_el

Oficer:

The

Personnel Officer should then seek

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the assistance from

appropriate practitioner at the Department of Public Health and

Environmental Services.

Once the availability of professional help has been arranged, the Personnel Officer should meet

with

the employee

and

candidly discuss the problem

and

offer to assist the employee in seeking

professional help from the Department of Public Health

and

Environmental Services.

The course of action to be taken after referral to professional attention depends on the professional

recommendation given.

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PART

SUB-PAFtT

RESPONSIBILITIES

EMPLOYEES

AND

MANAGEMENT

INT

PERSRNNEJ.

SERVICF,

All

persons in government service should:

Put loyalty to the highest moral principles

and

the country above loyalty to persons,

party

or government offke.

Uphold the laws applicable in the Commonwealth and

dl subdivisions thereof and

never be a

party

to their evasion.

Give a full day's labor for a fuIl day's pay; giving to the performance of duties earnest

effort and

best

thought.

Seek to find and employ more efficient and economic ways of getting tasks

accomplished.

Never discriminate unfairly by the dispensing of special favors or privileges to

anyone, whether for remuneration or note; and never accept, for himherseif or

hisher family, favors or benefits under circumstances which might be construed by

reasonable persons

influencing the performance of his/her governmental duties.

Make no private promises of any kind binding upon

the

duties of office, since a

government employee

has

no private word

which

can be binding on public duty.

Engage in no business

with

the government, either directly or indirectly which is

inconsistent with the conscientious performance

governmental duties.

Never use

any

information coming confidentially in the performance of governmental

duties

a means of making private profit.

Expose corruption wherever discovered.

Uphold these principles, ever conscious that public office is a public trust. In

addition, guarantees

and

custodians of federal

bds

shall maintain

written code or

standards of conduct

which

shall govern the performance of their officers, employees

or agents engaged

the award and administration of contracts supp.orted

federal

funds. No employee, officer or agent of the grantee shall participate in selection, or

the

award or administration of

contract supported by federal funds

a conflict

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PERSONNEL SERVICE SYSTEM

RULES

AND

REGULATIONS

PART

POLICY

EMPLOYEE

CONDUCT

The maintenance of the highest standards of honesty, integrity, impartiality and conduct

Personnel

Service System employees is essential to assure the proper performance

government business and

to maintain the confidence of citizens

their government.

Employees of the government

are

expected to comply

with

all laws and regulations. Legal

requirements are essentially concerned with official conduct, i.e.

the behavior of the employee in

the

course of or in relation to official duties. Personnel Service System Employees are required to

conduct themselves in such

manner that the work of the government is effectively accomplished

and to observe the requirements of courtesy, consideration and promptness

dealing with or serving

the public or its clientele. Personal and private conduct of

employee (as opposed to official

conduct),

that

reflects adversely

upon

the

dignity

and

prestige

the Personnel Service System,

also a matter of concern to management. All employees are expected to cultivate those personal

qualities which characterize a good civil servant

loyalty to our government, a deep sense of

responsibility for

the

public

trust

and a standard of personal deportment which will be

credit to the

individual.

V.C3

SUBORDINATION

AUTHORITY

employee is required to

carry

out the announced policies and programs of the Commonwealth

Government. While policies related to work are under consideration, the employee may,

and

expected to, express opinions and points of view; but once

decision has been rendered by those in

authority, the employee will

expected unreservedly to assure the success of programs which

are

the

employee's responsibility to effectuate.

the employee fails to

carry

out any

lawfuI

regulation,

order or policy,

deliberately refuses

obey the proper requests of superiors having responsibihty

for

the employee's performance, the employee is subject to appropriate disciplinary action.

V.C4

MANAGEMENT

RESPONSIBILITY

Appointing authorities shall establish and maintain internal procedures

means of which all

employees are adequately and systematically informed of the content, meaning

and

importance

the regulations in this sub-part. Copies of the regulations in this sub-part shall be given

each

employee

with

ninety

(90)

days

from

the effective date of these regulations and to new employees

upon

entrance to duty. Each appointing authority shall remind its employees

the

regulations in

this sub-part periodicaIly, at least once annually, through a publication or memorandum issued to

all

employees.

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V.C5

EMPLOYEE

RESPONSIBIT

It is the responsibility of employees to familiarize themselves and to comply with the regulations in

this sub-part. Employees are expected to consult with their supervisors and PersonneI Officer on

general questions they may have regarding the applicabiIity of the regulations. On specific matters

and

for guidance on questions

conflict of interest, they may receive authoritative advice

and

guidance fiom the Personnel Officer

and

the Attorney General's Office.

INTERPRETATION

AND

ADVISORY SERVICE

Channels for counseling: It is the government's policy to encourage responsible

disposition of counseling requests

the Personnel Oficer. CounseIing provided by

the Personnel Officer involving

any

question of conflict of interest shall

cooperation with the Attorney General.

order

that

the

Attorney

General

may

informed

the content

and

scope of

counseling at

levels, the Personnel Oficer will

responsibIe for communicating

summary

of each such counseling action to the Attorney General on a concurrent

basis; provided, however, that such reporting is required only

to counseling in

regard to conflict of interest questions.

DISCIPLINARY

AND

OTHER

REMEDIAL

ACTION

Violations of the regdations

this

part

employee may be cause for appropriate

disciplinary action which may be in addition to any penalty prescribed

law. After

consideration of the statements of employment

and

financial interests submitted

the employee and the explanation of such employee

required in

the

regulations

this

part, if the Attorney General or designee decides that remedial action is required,

immediate action shall be taken to end

the

actual or apparent conflict of interest.

Remedial

action

may

include,

but

is not

limited

to:

(1)

Changes in assigned duties;

(2)

Divestment by the employee of conflicting interest;

(3)

Disciplinary action; andfor

(4)

Disqualification for

particular assignment.

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(3)

Impeding government efficiency or economy;

(4) Losing independence

impartiality;

(5)

Making

government decision outside official channels; andlor

(6)

Affecting adversely the confidence of the

public

the

integrity of

the

government.

employee

shall

not sojicit a contribution fiom another employee for

gift

o%cial superior, or accept a

gift

from

employee receiving less pay. However, this

paragraph

does

not prohibit

voluntary

gift

nominal values or donation

nominal amount made on

special occasion

such

marriage,

illness

retirement.

employee shall not accept

gift,

present, decoration or

other

thmg

fiom

foreign

government unless authorized

law or

the Constitution.

This

section does not prohibit receipt of

bona fide reimbursement, unless prohibited

law,

for actual expenses for travel

and

such

other necessary subsistence

compatible

with

this part

for

which no government payment or reimbursement is

made. However,

employee may not be reimbursed

and

payment may not be made

on the employee's behalf, for excessive personal living expenses, gifts or

entertainment, nor does

allow

employee

reimbursed

person

for

travel

on official business under government orders when reimbursement is proscribed

law.

Policy:

Outside work is permitted to the extent that it does not prevent

employee

from devoting the employee's

primary

interests, talents

and

energies

the

accomplishment of work for the government or tend to create

conflict between the

private interests of

employee and

official

responsibilities. The employee's outside

employment shall

not

reflect discredit

the government.

(1)

The

term

"outside

work"

means

all

gainful

employment other than the

performance of

official

duties.

includes, but

not limited to self-

employment and working for another private business

(including

personally

owned businesses, partnerships, corporations

and

other

business

entities).

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PART V

This section does not preclude

employee from having

financial interest or

engaging in financial transactions to the same extent

a private citizen not

employed

the government, so long

it is not prohibited

law, the Constitution,

or the regulations in

this

part.

V.CI

GOVERNMENT

PROPERTY

General Responsibility. Employees shall be held accountable for government property and money

entrusted to their individual use in connection

with

their official duties. It is their responsibility to

protect and conserve Government property

and

to use it economically and for official purposes only.

the

policy of the government to accord the public access to information about its activities and

to make available to the public records of the government except in cases where the discIosure of

the record is prohibited

statute or constitutes

invasion of privacy of any individual concerned,

or the record is exempt from the disclosure requirements, and sound grounds exist which require

application of

applicable exemption.

employee may not testify in any judicial or

administrative proceedings concerning matters related to the business of

the

government without the

permission of the appointing authority or the Governor.

V.C

GAMBLING.

BETIDIG.

AND

LOTTERIES

While on government-owned or leased property or while on duty for the government, an employee

shall not participate in

any

gambling activity including the operation of a gambling device, in

conducting a lottery or pool, in

game for money or property, or

selling or purchasing

number's

slip or ticket. However,

this

section does not preclude activities necessitated by the employee's law

enforcement duties.

V.Cl4

USE

OF TOXICANTS

employee who habitually uses intoxicants or narcotics or dangerous drugs is subject to removal.

Employees shall not use intoxicating beverages on government property except at officially

sanctioned events.

V.Cl.5

SPECIFIC

TYPES

CONDUCT

Misconduct. Any criminal, infamous, dishonest, immoral or notoriously disgraceful

conduct on the part of

government employee is cause for removal from service.

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PART

VI,

SUB-PART A

INCENTIVES AND AWARDS

VI.Al INTRODUCTION AND PURPOSE

To set forth policies and procedures for the Personnel Service Incentives and Awards Program under

applicable regulations.

VIA2 POLICY

It is the policy of the government to use incentives and awards as an integral part of the supervision

and management to:

Recognize and reward employees who contribute to increased efficiency, economy

or other improvements in operation; and

B. Encourage individual or group effort to make such contributions.

VLA3

PROGRAM

RESPONSIBILITY

The Personnel Officer is responsible for the overall direction and supervision of the

Incentive Awards Program and to administer the program in conjunction with the

Incentive Awards Committee.

B. The appointing authorities are responsible for directing awards activities, including

suggestion processing, to the Incentive Awards Committee. Appointing authorities

have been delegated responsibility for recommending Superior Service Awards,

Awards of Service, Letters of Appreciation and Honor Awards to the Incentive

Awards Committee.

Appointing authorities and supervisors at all levels have the primary responsibility

for the conduct and promotion of the Incentive Awards Program. They should

encourage all employees to become active participants in the government's search for

efficiency and economy in the conduct of its business. When superior work

performance or special acts are identified through normal management review,

program managers shall request appropriate supervisors

those areas to identifjr the

employees who have made the special contribution, and consider submitting award

nominations.

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PART

VI.A4 INCENTIVE AWARDS COMMITTEE

The Incentive Awards Committee will consist of three

(3)

persons. The Personnel

Officer shall serve as chairman. The Governor shall appoint the other two

(2)

members, one to represent management and one to represent the employees.

The committee shall meet each quarter or more frequently, at the call of the

chairman, if the number of award nominations warrants. The presence of the

chairman and one member will constitute a quorum.

The committee reviews and evaluates Letters of Appreciation, Suggestion Awards,

Superior Performance Awards, Special Act or Service Awards, Honor Awards and

cash awards.

CONTRIBUTIONS AND AWARD CATEGORIES

employee's contribution, to be considered for

Incentive Award, must be identified with one

of the following four

(4)

categories:

A. Suggestion Award;

Superior Performance Award;

C. Special Act or Service Award; or

Sustained Superior Performance for two

(2)

years or more.

Supervisors shall be given due recognition for the extent to which they are successful in creating a

climate in which their employees are motivated to express their interests and participate in the

Incentive Awards Program.

employee shall not be advised that an award nomination has been

submitted until final approval

has

been received. So that an employee may be given full benefit and

recognition of achievement, appointing authorities are encouraged to submit award nominations at

the time an important contribution is made to recognize a notable career well in advance of

retirement.

LETTERS OF COMMENDATION

Supervisors should initiate letters of commendation for employees who

make

contributions which

are worthy of recognition but do not meet the minimum standards for monetary or honor awards.

Such letters may be signed by the immediate supervisor or higher official, depending upon the

significance of&e contribution.

ne original is presented

the empivyee

mid

copy

fmiislied

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PART

to the Personnel Office for the employee's Official Personnel Folder.

the letter

concerns

adopted suggestion, a

copy

also

forwarded

the Incentive

Awards

Committee.

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PART

VI.B5

AW ARDS

PERSONS OUTSIDE

COMMONWEALTH

award in the form of

brief citation or certificate is granted by the Incentive Awards Committee

to private citizens to commend them officially for their voluntary contributions to the public service.

Any employee may initiate a recommendation for this award by memorandum to the Incentive

Awards Committee, outlining the individual's or group's contribution. Criteria might include:

Advancements in technology of benefit to the Commonwealth;

Effective cooperation among various sectors of private enterprises; and

Aesthetic and environmental aspects of citizenship.

PRESENTATION

AWARDS

The

Distinguished Service Awards and

Valor

Awards

are presented at

special annual convocation

the Governor. It is preferable that

the

ceremony accompanying

the

presentation of the

Distinguished Service Awards or Valor Awards be made a truly memorable occasion to which the

spouses and famiIies of the recipients shouId be invited, and following

which

may be served

refreshments,

if the administration or

the

recipients' coworkers so desire.

their

very

nature, these

awards represent

truly

significant accomplishments worthy

public note. The awards reflect credit

not only upon the empIoyees being given the recognition, but on the organizations and individuals

with whom they work.

A. Meritorious Service Awards, length-of-service emblems for

thirty

(30)

years

and

specid achievement awards of two hundred dollars

($200)

and over are presented in

the appointing authority's staff meetings.

Length of service pins for twenty

(20)

or more

years

are presented to

the

employee

the appointing authority.

Other awards may be presented by any appropriate official

the recipient's

organization, in accordance

with

the

importance of

the

contribution. The recipient

special

achievement

award

given

the

original

the

approved

recommendztion, along with

check.

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PERSONNEL

SERVICE

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RULES

AND

REGULATIONS

PART

VII

Service

the

common wed^

Government

since

April

1,1976,

Trust Territory

Government

employment

under

the

Seaman's

Act.

Employees

agencies and instrumentalities

within

the

Commonwealth.

Broadly

characterized,

leaves

absence

are

either

with

pay

without

pay.

LEAVES

WITH

PAY

Annual

Leave.

Annual

leave, or vacation, shall

granted

for

the

purpose

of rest

and

relaxation. Personnel Service System employees

who

have less

than

three

(3)

years

creditable

service

shall

earn

annual

leave

the

rate

four

(4)

hours

per pay

period;

except

that

newIy

appointed

employees

shall

undergo

waiting

period

ninety

(90)

calendar

days

before being credited

with

annual

leave. Employees with

three

(3)

but

less

than

six

(6)

years

creditable service shall earn

annual

leave at the

rate

six

(6)

hours

per

pay

period.

Empioyees

who

have

six

(6)

years

creditable service

shall

earn

annual

leave

the

rate

eight

(8)

hours

per

pay

period.

Annual

leave requests

than

three

(3)

working

days

must

made

advance

leave

request

form.

All

annual

Ieave

requests

must

approved

the

employee's

division

head

upon

recommendation

such

employee's

immediate

supervisor.

smaller

organizations

where divisions may

not

exist,

the

heads

such

organizations

shall

approve

annual

leave.

denial

of request for

annual

leave

subject to employees' grievmce rights.

Maxim--.

The

maximum

accumuIation

annual

leave for Personnel

Service

System

employees

shall

thrse

hundred

sixty

(360)

hours.

Accrued

annual

Ieave

excess

360 hours

remaining

the

end

the leave year

shall

converted

sick

leave.

Sick Leave. Sick leave shdl

allowed whenever the empIoyee

be absent

from

duty

because

illness

injury or because

quarantine

the

family

and/or

residence.

Use

sick leave

appropriate

only

for

medical, dental,

optometric

mental

health

counseling or

treatment

which

the

employee

personally

must undergo.

employee

absent because

illness,

injury

quarantine

excess

three

(3)

days,

the

employee

may

required

hsh

certification

the incapacity

fiom the

attending physician.

The

appointing

authority

may

require certification for

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PART

VII

(2)

Extended absence required for medical appointments and care following job-

related injuries may

authorized

administrative leave.

(3)

Administrative

leaves

to disciplinary actions. Managers may place

employee in nonworking status

with

pay

for up to three

(3)

work days

pending preparation of a notice of proposed suspension for up to thirty

(30)

calendar days

removal

from

the

Personnel

Service.

(4)

Administrative leave

may

be granted to employees serving on government

boards and commissions, provided such employee does not receive

compensation from

the

boards

and

commissions. Advance written notice by

the head of

board or commission must be delivered to the department or

agency head before

employee

can

be released from official duties to attend

meeting.

emergency

meeting

necessary,

the chairman

executive

director

may

notify the department or agency head by phone, but

written

confirmation of the meeting must follow that notification.

Court

Leave. ?he government encourages its employees to fblfill their obligations

citizens of the Commonwealth.

Thus,

employees who are called upon to serve as

jurors

may,

at their option, be granted Court Leave for such period

the

jury

may

be impaneled. Employees

who

are

called

jury

duty

shall

present

their

Jurm

Summons

their immediate supervisor together with a completed Request for

Leave, for the supervisor's signature and processing. Employees who serve

juror

using Court Leave to cover the period of absence shall turn over to the

Commonwealth

Treasurer such jury fees

(as

distinct from expense allowances)

they receive ftom the Court. Expense allowances paid the employee for whatever

purpose may be retained

the employee to defray the expenses for which granted.

employee subpoenaed

witness, except

government witness,

shall

charge

such absence

annual leave or leave without pay. Court leave shall be granted to

employee subpoenaed in litigation

which the government has no interest, to

serve

a witness

the empIoyeeis present or past

official

capacity

government

employee

and

who may be required to present government records in testimony.

Such

employee must inform the appointing authority

the required testimony

soon

possible after being subpoenaed.

Military Leave- Military leaves

absence with pay, not to exceed fifteen

(15)

working

days

any calendar year, regardless

the number of

training

periods

the

year, may be granted by the Personnel Officer to employees who are members of the

United States National Guard and Reserve components of

the

United States Armed

Forces, when directed under orders issued by proper

military

authority.

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PERSONNEL

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PART

VII

hdrbinistrative leave

will

not be granted in order to extend leave time for any

additional

training

days.

M_aternitv.

Maternity leave shall be granted to

female employee on

permanent status who

absent from

work

because of confinement for

childbirth.

The appointing authority shall have the responsibility for approving maternity leave

requests. Such maternity

leave

shall not exceed fifteen

(15)

work

days, shall be in

addition to

any

accumulated sick leave,

and

shall

any

fifteen

(15)

work days

encompassing

the

date of childbirth.

Any

additional leave taken for such childbirth

purposes

shall

be charged against accumulated

sick

leave.

Paternity

Leavc.

Paternity

leave shall be granted

male

employee on permanent

status who

absent from work because of

his

wife's confinement for childbirth.

Such

paternity

leave

shall not

exceed

fwo

(2)

work

days

encompassing

the

dare of

childbirth.

The

appointing authority

shall

have

the responsibility for approving

paternity leave requests.

LEAVES

WITHOUT

PAY.

employee

permanent status may be granted leave without

pay

not to exceed

ninety

(90)

consecutive

work

days

the

appointing

authority

considers

justified.

Leave without pay

may

extended up

ninety

(90)

additional consecutive work

days

ONLY

with

the

approval

the

PersonneI

Officer,

upon recommendation by the

appointing

authority.

Such

leave without pay may

granted

permit

the

employee

to attend to important fmiIy affairs, such

settling

estate or for

justifiable

personal or business reasons.

employee desiring extended leave without pay shdl prepare

memorandum of

explanation addressed to immediate supervisor explaining

detail

the

reasons

for

the request.

Training

and

Education

1,eav~.

Employees

permanent status who wish to pursue

their education

MI-time basis, without financial assistance by

the

government,

may

be granted leaves of absence

without

pay

for

period

not

exceed one

(1)

year.

Such

employees shall

have

the right to return to their positions

the

satisfactory

conchsian

their

education or

training,

and

their

service

anniversary dates

shdl

adjusted

the

amount

leave without pay taken. The Personnel Officer

responsible for approving or disapproving requests for Training and Education

Leave,

upon

recommendation by the appointing authority.

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PERSONNEL SERVICE

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PART

VII

ve. Employees

permanent

status

may

granted

leave without pay

(LWOP)

for

the

purpose of

extending

annual

sick

leave.

When sick leave is

extended, the attending

physician

must ceaifjl

the

necessity

the

extension.

The Personnel Officer is

responsible

for

approving

or disapproving requests for leave without pay, upon recommendation

the

appointing

authority.

Tardiness. At the end

each pay

period

tardiness shall be charged to Leave Without

Pay

(LWOP).

The

timekeeper shall determine

the

total number

minutes

the

employee

has

been late

during

the

pay

period,

and

charge

WOP

the

hour

amount

nearest

the total minutes

tardy.

Extended.,

The

federal

Uniformed Services Employment

and

Reemployment Act

(USERRA)

generally requires the Commonwealth government

to provide extended

military

leave

for

its career employees, regardless

whether

the

service

voluntary

involuntary.

The

cumulative

length

ail

absences due to

military leave

and

extended

military

leave shall not exceed five

years,

unless

extended

for

good reason documented

writing

the appointing

authority.

The

employee must give advance notice to the appointing authority, unless

military

necessity

circumstances

make

this

impossible

measonable.

most cases,

the

employee

guaranteed reinstatement rights

and

certain

seniority rights upon return

fiom

leave.

The

employee must

also

comply

with

requests

for documentation

and

with the requirements

these regulations regarding the timing

applications

for

reemployment.

For details,

empIoyees

and

appointing authorities should contact

the

U.S.

Department

Labor.

The federal

Family

and

Medical

Leave

Act

1993

(FMLA)

entjtles

employees

who

have

worked

for

the

Commonwealth

for

least one

year

and

who

worked at least

1,250

hours

over the previous

months to take up to

weeks

LWOP

for

any

of the following reasons:

(I)

to care

for

the employee's

child

after

birth

placement

for

adoption

foster

care;

(2)

to care for the

employee's

spouse, son or daughter, or parent,

who

has

serious health

condition;

(3)

for a serious health condition

that

makes

the

employee

unable

perform

the

employee's

job.

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PART

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government employment before

the

passage

work days, the employee is

required to

make

a refund for the unexpired term of leave remaining.

the employee in the above

example

separates from government empIoyment

December

is offered

opportunity to return to duty

with

the same classification

and

pay, accepts,

and

returns

work

March

1534

work

days

272

hours

would

have

elapsed

(me

holiday

occurred

Februiary)

'between

separation

and

return

duty. Such employee would be required to repay to the government

the

value of

work hours, the difference between the

360

accumulated hours granted through

lump-sum payment,

and

the

272

hours

elapsed

time

between

separation

and

return

to duty.

Repayment

may

through

lump-sum

cash

prior

resuming

duty

status, payroll

deduction or assigning to the government

all

annual

leave accrued subsequent to

returning to duty until the repayment

completed.

Sick

Leave.

employee

separated

f?om

the

Personnel

Service

for

any

reason

shaH

have

all

sick leave accrued to the employee's account held in the leave records for

three

(3)

years. Should

the

person be reempioyed

the Personnel Service at

any

time during that three

(3)

year period, thesick leave balance shall be recredited to

the

employee's

sick

leave account

and

available

for

use fiom

the

first

day

reemployment. Provided, however, that

employee separated fiom

the

Personnel

Service

for

retirement purposes, and whose unused

sick

leave

has

been converted

service time

determine eligibility

the

Retirement

Program,

shall

not

recredited far such sick Ieave balance. (See

CMC

830

amended.)

The

employee

shall

be responsible for initiating

request

for

leave using such forms, documentation

and expIanatory material

may be required. Such request shdI be initiated sufficiently in advance

enable

management

make

the necessary

staff

adjustments. Management

shall

review

all

leave requests

and

may approve, disapprove or modify

any

leave request.

The Personnel Officer shall be

available

for

advice

and

assistance

the

employees

and

all

management agencies

matters concerning leaves

and

shall

be responsible for the find decision in

leave

disputes

and

interpretation and

application

of leave

policy.

J-w.

For administrative convenience, leave accumulations

and

usages

are

based upon the leave

year.

"leave

year"

that

period

consecutive

weeks

(26

Part

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PART

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SUB-PART

BENEFITS

VII

GENERA&

the

policy of the government to provide certain benefits to

all

its employees, whatever

their

appointive

status.

These

axe

defined

the

sections which

follow.

The Personnel Office is charged with

the

responsibility to administer the benefits.

The Personnel Officer

responsible for advising

the

Civil Service Commission

to the bds of coverage needed for the employees, the preparation and oversight of

procedures used, and for

the

training

managers and employees

the development

and

presentation

claims.

Managers and supervisors

are

responsible to know the provisions of

the

several

plans

for coverage of the employees under their supervision

and

the

procedures necessary

present

claims.

Employees

are

responsible to familiarize themselves

with

reporting procedures so

that they may be assured

proper coverage in event of injury or illness.

Government employees

are

entitled

the

following

benefits

with

specific

exceptions

noted

below:

Worker's Compensation coverage for work-related

injury

or illness is provided to a11

employees

the

government who

are

not otherwise covered by

US.

laws.

Group

life

insurance coverage is available

all

employees who work at

least

twenty

(20)

hours per week; provided, however,

that

should

group

life insurance policy be

effect covering employees

not

meeting the

stated

requirements, such coverage

shall immediately be afforded such employees.

Group

health insurance

coverage

available

all

employees

the

government.

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PART

VII

VKB4

INSURANCE

PROGRAM

DEFINITIONS

Brochures

and

other

idormation

concerning

nature

and

extent

of coverage, cost

the

employee

and

manner

processing claims

shall

available

the

Personnel

Office.

The

Personnel

Officer

and

his

staffmust

conversant

with

the

provisions

and

entitlements

under

the

Sod

Security

and

Retirement

programs

that

they

may

provide

informal

advice

and

counseI

employees

their

supervisors

who

need

information

and

guidance

filing

claims

for

benefits.

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PERSONNEL

SERVICE

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RULES

AND

REGULATIONS

PART

VIII

PERFORMANCE

EVALUATION

This

Part

prescribes the

employee

work

performance

review

system

which seeks to recognize,

evaluate and reward

employees

and their contributions toward increasing efficiency

and

economy

in the Personnel Service.

EMPLOYEE

PERFORMANCE

EVALUATION

Employee

performance

evaluation

essential to:

Improve employee effectiveness by:

Providing the working atmosphere in which

employee may be motivated

to achieve the highest performance potential; and

Identifying work performance standards agreed

by both management and

employee.

Strengthen the employee-supervisory relationship by:

Establishing a framework for continuing employee-supervisor

communications regarding performance standards and development

employee potential;

and

Guaranteeing employees the opportunity to participate in the establishment

of performance standards.

Provide management

with

objective basis for relating employee work performance

wide variety of pertinent personnel management activities.

Appointing authorities shall ensure that supervisors in their respective jurisdictions reach and

maintain

clear understanding

with

their subordinates

the

standards of work performance

which

must

be met

order to

successfully

accomplish assigned work. The supervisor and

the

employee,

person-to-person basis, must understand and agree on the work objectives set,

the

manner

which they can

reached,

and

the way they

will

evaluated.

review of the employee's position

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PART

VIII

description is necessary therefore, to assure such understanding of the duties, performance standards

and

work objectives established.

-w,

commencing at the employee's employment date, based upon the preceding

twelve

months performance rating report and other pertinent factors,

annual

written rating of

performance shall be submitted by the supervisor,

and

concurred by the activity head, on

CSC-P-07

forms

prescribed

the

Director

Personnel

Management,

for

each

pennantnt,

probalionq,

and

limited-term employee. The Director of Personnel Management, through

authorized

representative, shall administer the performance rating report

and

be alerted to changes needed

for

necessary

improvement of

such

system.

Non-Commonwealth employees shall not be delegated

the

authority to supervise employees of

the

Commonwealth.

VIII.

RESPONSIBILITIES

The

Director of Personnel Management shall be responsible to:

Develop, evaluate and improve the Personnel Service Performance annual

employee review system

and

performance rating report; and

Provide advice, assistance

and

supervision in

the

administration of

the

system.

The appointing authorities shall be responsible to implement, administer

and

obtain

compliance

with

the purposes of the system, including:

Provide assistance

supervisors

and

employees in developing performance

report;

Provide training to supervisors so they can effectively evaluate employee

performance; and

Assure

that

employees

understand

the

provisions, procedures

and

objectives

of the performance evaluation plan.

Supervisors

are

responsible to:

Assure that position descriptions accurately reflect the duties

and

responsibiIities assigned;

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PERSONNEL

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REGULATIONS

PART

Supervisory,

Executive

and

Managerial

Training:

Inasmuch as the work of the government is the best and most important

training resource for potential managers, opportunity should be given to

qualified employees to participate in:

(1)

formulating objectives, policies

and

operating procedures

with

respect

to the programs

their organizations;

(2)

defining and analyzing problems, evaluating workload,

and

developing operating procedures;

(3)

planning, programming

and

budgeting; and

(4)

representing their inter-departmental committees, work groups,

survey teams,

and

at legislative hearings.

The

Personnel Officer

shall

supervise the development of all supervisory,

executive

and

managerial training programs and develop

list of required

courses for entry into such classes and required courses to be taken prior

immediateIy after entry into the supervisory classes.

person entering a supervisory position must take such required courses not

earlier than six

(6)

months prior to such promotion

and

no later than six

(6)

months after

entry

into

such

position.

Secretarial and Clerical Training:

The Training Division shall recommend secretarial and clerical procedures

standardized for the secretarial and clerical functions within the

government.

The Personnel Officer shall supervise the development of courses in the

secretarial and clerical areas, maintain a Iist of required courses for

entry

and

for promotion within these classes, when necessary, and require employees

to take necessary courses and tests for promotion

within

these classes.

The Personnel Officer shdl develop training courses to insure that the

standard government correspondence

and

administrative procedures are

taught to employees performing secretarial

and

clerical duties.

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PART

further encouraged to provide adequate trainhg facilities in their respective areas to assure the

optimum level of effective training.

1X.H

COORDINATION

WlTH U.S.

FEDERAL

PROGRAMS

The

Training Division will coordinate training efforts with personnel engaged in monitoring

U.S.

federal grants training efforts. Training needs met through these efforts

shall

be included

annual

reports

training accomplishments. Such coordination will

concerned

with

avoiding duplication

efforts

and

attempting

direct

training

efforts toward that which

most needed.

1X.I

EVALUATION

TRAINING

The Personnel Officer shall develop and maintain a system which

will

provide information

and

analysis

the effectiveness of training provided.

Such

analyses shall

used to alter training

courses where needed and

training needs survey. All personnel who attend

and

return from a

training course outside

the

Commonwealth shall submit

written report including a

summary

of the

course along

with

judgment of

the

added

value gained from the course. Copies

such reports

shall

be addressed

the appointing authority

and

the Personnel Officer.

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PERSONNEL SERVICE SYSTEM RULES

AND

REGULATIONS

PART

X.B

OBJECTIVES

The objectives of the government's personnel management evaluation program are to:

Provide a comprehensive basis for improvements in personnel management

ac.tivitiesj

programs and policies;

Assure compliance with statutory requirements, regulations and directives governing

personnel programs and practices;

Evaluate the participation and effectiveness of managers and supervisors in their

exercise of personnel management; and

Attain

the personnel management goals and objectives establishe~

CMC

et seq., and these regulations.

X.C

RESPONSIBILITIES

Appointing authorities are responsible to keep the Personnel Office apprised of

significant problems and achievements in carrying out their personnei management

responsibilities, and for proposing constructive changes in personnel policies

and

practices.

The Personnel Officer is responsible to:

Develop and administer with the Civil Service Commission

the

personnel

management evaluation program;

Report results to the Civil Service Commission;

Use evaluation results to

work

with the Civil Service Commission in

developing plans

and

iaproving personnel programs and activities; and

Assist outside audit teams andlor the Civil Service Commission in the

performance of reviews, audits

and

inspections.

X.D

EVALUATION METHODS AND PROCEDURES

The Personnel Officer must develop a very comprehensive guidk to assure full

coverage of the personnei management effort.

Persoinel

Gfficer,

!!east

every

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The Personnel Officer in consultation with the Civil Service Commission shall develop the

evaluation plan

and

the format for reporting.

ACTION

Using

the

i,n,terim

ev~!u~?io.n_s

and

the

an-nual

comprehensive personnel management report, the

Personnel Officer shall:

Direct and follow-up on corrective action to be taken with respect to

any

improper,

illegal or unprofessional personnel practices noted in

any

of the reports.

Arrange for and conduct training for those persons involved in personnel

management activities

who appear to

beEcient

iii

the

teekmica!

professima!

phases of personnel management as indicated in the several eval~~~ions.

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----

l'AK'1'

XI,

SUB-PART

PERSONNEL MANAGEMENT PLANNING

XI.Al PERSONNEL MANAGEMENT PLAN

Each year,

of October

the Personnel Officer in consultation with the Civil Service Commission

shall prepare a Personnel Management Plan which will specify the critical program areas to be

addressed during the ensuing fiscal year. The Plan shall address:

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Personnel Office andlor the Civil Service Commission. The schedule shall indicate

which appointing authorities' areas will be given attention and the scheduled dates

therefor.

Scheduled interim evaluations to be made at the Personnel Office.

Program development work to be done by the Personnel Office and the timetable for

it. As an example, staff effort toward revision of a class standard or a project to

develop a qualification standard or personnel management training to be done.

Commentary on evaluation of the labor market with respect to critically needed

skills, estimates of turnover by classes and reports of changes of turnover and similar

elements of management information.

REPORT ON PERSONNEL MANAGEMENT PLAN (PMP)

The Personnel Officer shall report not later than December

of each year to the Governor, to the

Civil Service Commission, and to the appointing authorities on performance under the Personnel

Management Plan for the preceding fiscal year period, October

to September

30.

The report shall

contain, in addition to a report on status of PMP projects, comments on such elements as:

Employee turnover, by appointing authority and by class;

Adverse actions taken for disciplinary reasons;

Adverse actions under

RIF

procedures;

Adverse actions not for cause;

Promotion actions processed by appointing authorities, by the several methods used;

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Hires above entry level in comparison to those hired at entry level;

and

Accomplishments in training and employee development, and such other information

as may be determined to be of interest to management.

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PART XI

Copy of each form reflecting choice of health benefits or group life insurance

coverage, designation of beneficiary and other legal and binding assignments

or designations.

Adverse action supporting material if the action is consummated. Temporary

information, as contrasted to permanent-type information as delineated

above, shall be kept in the OFF but filed on the LEFT side of the folder.

Examples

temporary material include:

(b)

annual employee review documentation sheets;

(c)

descriptions of positions occupied by the employet,

(d)

letters of reprimand (retained for two

(2)

years only);

(e)

items of correspondence concerning the employee but whch have no

historical or permanent value, e.g., letters of commendation or

congratulation.

Employee Record Card.

card record which summarizes critical data concerning

the identity, status, movement and separation of an employee. Every personnel

action taken will be recorded on the Employee Record Card. Exceptional or Less

Than

Satisfactory performance ratings shall be noted on the Employee Record Card

showing the rating and date thereof.

Medical Examination Records. Medical examination forms for each employee shall

be maintained in a file separate from the

OPF.

This is essential to protect

the

privacy

of the individual. The records shall be maintained in a locked, fire resistant file with

access allowed only to personnel authorized by the Personnel Officer. Access must

be restricted only to persons who have a "need to know" as determined and approved

by the Personnel Officer. Whenever access to a medical record is allowed, the

Personnel Officer shall record:

date of access;

name of persons allowed such access; and

reason therefor.

This memorandum shall be kept in the folder of the individual medical record.

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PART

-D.

Records of Investigation and Inquiry. Any records of investigation or inquiry

concerning an employee shall be filed in a separate folder, clearly identified by the

employee's name, date of birth and social security number. The material shall be kept

in a locked, fire resistant storage facility, safe or fire proof cabinet, with access

allowed only on a "need to know" basis

and

upon approval

the Personnel Officer.

The existence of

investigation file shall be noted in the OPF, filed on top of the

last entry therein.

DISPOSITION OF RECORDS

Upon the separation of an employee for whatever reason, the employee's Official Personnel Folder

shall be closed and removed to storage. Prior to sending the file to storage, all temporary material

filed

the

left

side

of the folder shall be removed and either given to the employee or destroyed.

Medical records and investigation file material shall be placed in the OPF so that the record is

accurate and complete.

employee is separated but is expected to return to government service within a specified time,

not to exceed

year, the

OPF

may be held in suspense rather that treated as a former employee

defined above.

ACCESS

OFFICIAL PERSONNEL

FOLDER

Employees may have access to their own official personnel folders at any time during regular

working hours provided a responsible personnel specialist or clerk watches as the employees' reviews

take place.

The

employees are not entitled to access to their medical records. Investigation reports

are not available to the employees. If employees persist in their desire to see investigation reports,

they should be referred to the agency which prepared the report or secure

court order authorizing

the Personnel Officer to allow the employee access to the investigation report.

INFORMATION

AVAILABLE

THE

PUBLIC

The names, present and past position titles, grades, salaries and duty stations of a government

employee is information available to the public; provided, however, such shall not be available when

the release of the information is prohibited by law or when the information is sought for the purpose

of commercial or other solicitation.

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PERSONNEL SERVICE SYSTEM RULES AND REGULATIONS

DEFINITIONS

The definitions which follow are used throughout these Regulations and have the same meaning in

whatever usage they

may

be found.

ADJUSTED BASE SALARY

The total of Base Salary plus other appropriate differentials.

ADMINISTRATIVE

STANDARD

WORK

WEEK

Time period which commences at

7:30

A.M.

Monday and ends at

4:30

P.M.

Friday.

ADMONISHMENT

An informal disciplinary measure.

ADVERSE ACTION

An unfavorable personnel action taken

management against an employee.

Assignment of a position to its appropriate class on the basis of analysis of the duties and

responsibilities of the position.

The official employment of

person to perform designated duties in exchange for compensation.

AREAS

CONSIDERATION

The geographical areas of consideration necessary to provide a reasonable number of qualified

candidates.

ASSEMBLED EXAMINATION

Activity wherein applicants meet in a designated place at a specified time for performance tests

normono

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DEFINITIONS

BASE SALARY (RATE)

The salary provided in the Base Salary Schedule.

BEST QUALIFIED CANDIDATES

Eligible candidates who

rank

at the top when compared objectively with other eligible candidates

for promotion within a general group.

CAREER

LADDER

POSITION

One of a group of positions in which

employee may

given successive promotions until he

reaches

the

hl! perfwmxce !eve!.

CAREER PROMOTIONS

Promotion without current competition.

CERTIFICATION

A statement by the Personnel Office that specific candidates meet particular standards and

qualifications

and

from

which

selection

may

be made.

CERTIFICATION OF ELIGIBLES

The process of providing

list of eligible candidates to a selecting official.

CLASS

One position or a group of positions sufficiently similar in respect to their duties, responsibilities,

qualifications, compensation and authority that the same title may be used to designate each position

allocated to the class; sufficiently dissimilar from any position or

any

other group of positions to

wmmt

exc!usim

fim~

s~ch

grnq

rrf

position:

CLASS SPECIFICATION

An official position description of the general characteristics of a class, including the class title,

scope of duties

and

responsibilities, examples of work performed,

and

qualifications required

perform the work of the class.

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DEFINITIONS

COMMISSION

The Civil Service Commission.

COMPETITIVE PROCESS

series of actions established

the PersonneI Officer to assure equitable competition, recognition

of seniority and tenure,

and

a safeguard to the public interest when filling a vacant position.

Factors implicit to successful performance such as hours of work, physical or medical standards,

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frequent need to travel.

CONTINUOUS EXAMINATION

vacancy announcement that does not have a closing

date.

CONTRACT

POSITION

position in

the

Excepted

Service

System.

CREDITABLE SERVICE

Specific prior work experience or applicable

convertible work benefits.

DELEGATE

non-supervisorq- employee elected to serve as

representative to the Employee-Management

Council.

DEMOTION

(See

Reduction-In-Pay)

ELIGIBLE LIST

List of persons found qualified for selection for appointment to a position in a particular class.

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PERSONNEL SERVICE SYSTEM RULES AND REGULATIONS DEFINITIONS

EMPLOYEE

A person in active pay status holding a position in accordance with Commonwealth of the Northern

Mariana Islands Public Law

1-9,

as amended, whether permanent, probationary, full-time or

otherwise in either the personnel Service or Excepted Service Systems.

EMPLOYEE-MANAGEMENT COUNCIL

A group of elected representatives of employees and management

who

meet as

forum to discuss

matters of common interest to the worker.

FURLOUGH

An act by management placing

employee in

involuntary non-duty status btLause of lack of

work or funds.

GOVERNMENT

Commonwealth of the Northern Mariana Islands.

GRIEVANCE

disagreement, misunderstanding

complaint of an employee arising out of the work situation.

HIGHL

Those eligible candidates whose experience, training, and potential substantially exceed the

qualifications standard for the position to a degree that they are likely to perform in a superior

manner.

INITIAL APPOINTMENT

The

d~te

which

persen

first

hec~mes

employee

the

Personnel Service, which date remains

fixed and unaffected by succeeding dates of promotion, change in position, or subsequent contracts,

for as long as service is uninterrupted by a break in service in excess of four (4) months.

INITIAL PROBATION

A period of not less than

six

(6)

months from the beginning of

initial appointment.

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DEFINITIONS

LABOR

ORGANIZATION

lawful organization in which employees participate and which exists for the purpose, in whole or

part, of dealing with agencies concerning grievances, personnel policies and practices, or other

matters affecting wages, hours and work conditions.

LIMITED

TERM

APPOINTMENT

The appointee

appointed for a period of not more than one

(1)

year and may serve in any of the

following types of positions: full-time, part-time, intermittent or, under very special circumstances,

a permanent position. The appointee shall be entitled only to Workmen's Compensation, Social

Security, Annual Leave (if the period exceeds ninety days)

Sick Leave, Overtime, and Holiday Pay

uniess the iast day of the appointment

falls

holiday.

MANAGEMENT

The Governor and all executive branch officials, supervisors, and other representatives having

authority to act for the agency on any matter relating to the implementation of the agency labor-

management relations program.

MANAGEMENT

OFFICIAL

department director or delegated person having power to make a change in status of employees

in the Personnel Service System.

MEDICAL

OFFICER

AND DENTAL

OFFICER

graduate from a school of medicine or a school of dentistry recognized

the government of the

country in which the school is located, but

which

is not accredited by

appropriate United States

professional organization; person is licensed as such by the Director of Public Health and

Environmental Services to practice in the Commonwealth of the Northern Mariana Islands.

Initial ranking

made between the "highly qualified"

and

"qualified" categories. If three to five

"highly qualified" candidates are available, the ranking is confined to that group. If there are more

than five "highly qualified candidates, they must be further ranked into "best qualified"

and

"well

qualified" relative to each other.

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DEFINITIONS

Either assembled or unassembled when special circumstances warrant.

NORMAL AREAS OF CONSIDERATION

There are two different normal areas of consideration; Commonwealth wide for positions at pay level

and above; the

RIF

competitive areas for all other employees at pay level

and below.

OPEN COMPETITIVE EXAMINATION

Examination for positions in a particular class, or series of classes, admission to which is not limited

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OPEN COMPETITIVE LIST

List of persons who have been found qualified by

open competitive examination for appointment

position in a particular case.

OTHER POSITIONS

Any position which does not have the essential characteristics of

permanent position, regardless

of the nature of appointment of the employee occupying the position.

OUTSIDE

WORK

All gainful employment other than the performance of official duties.

PERMANENT POSITION

full-time position which is established based upon the continuing need of the Government and

which is authorized to continue longer than one

(1)

year.

PERSONNEL OFFICE

Ofice

having custody of Oficial Personnel Folders

and

the capacity and authority to

take

personnel

actions.

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PERSONNEL OFFICER

Agent appointed

the Civil Service Commission with the advice and consent of the Legislature,

required by law.

organized set of regulations to administer the CNMI public work force based on merit principles.

PHYSICIAN (See Staff Physician)

POSITION

The authorized group of work, duties, and responsibilities assigned

competent authority requiring

the full- or part-time employment of

least one person.

POSITION CHANGE

A promotion, transfer, or demotion during

employee's continuous service.

The process by which positions 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 to be of each class.

POSITION CLASSIFICATION PLAN

A statement of

the

classes of positions arranged in

logical and systematic order to reflect all of the

kinds and levels of work utilized

the Personnel Service System.

formal written statement

management and the employee documenting the assignment or

rearrangement of the duties

and

responsibilities of a position.

POSITION WITH

KNOWN

PROMOTIONAL POTENTIAL

A position which is to be filled below the specified performance level for the position. These may

be trainee and understudy positions, career ladder positions, and positions filled one or more levels

below the established level.

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DEFINITIONS

PROBATIONARY APPOINTMENT

The appointee serves a period of not less

than

six

(6)

months to ascertain fitness to

fill

a permanent

position.

The change on

employee to a higher position class and pay level.

PROMOTIONAL LIST

List of persons who have been found qualified by a promotional examination for appointment to a

position in a pafiicuiar ciass.

PROMOTIONAL OPPORTUNITY ANNOUNCEMENT

published announcement for posting and distribution

and

otherwise given maximum publicity

within the area of consideration.

Usually limited to ninety

(90)

days, used to fill a permanent position pending the establishment of

zii

eligible list.

QUALIFICATION

STANDARDS

Minimum qualification requirements prescribed by the Personnel Office.

REALLOCATION

position modification resulting from a gradual change

duties and responsibilities over

extended period of time not a result of planned management action.

RECLASSIFICATION

Change of

position or group of positions to a higher or lower class and pay level as a result of a

change in classification standards or as a resuit of correcting a ciassification error.

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DEFINITIONS

The Department Director plans RIF action at least sixty

(60)

days in advance and institutes

administrative procedures to assure that all legitimate possibilities for transfer have been exhausted

and that formal reduction-in-force

the only remaining alternative.

REGULAR

OR PERMANENT EMPLOYEE

employee appointed to a position in the Personnel Service

accordance with the provisions of

Commonwealth of the Northern Mariana Islands Public Law

1-9,

as amended, who successfully

completed

initial probationary period, and is expected to be

active pay status for more than

consecutive months or from

9-12

consecutive months inclusive on an annually recurring basis.

REPRIMAND

formal means of calling to

employee's attention deficiencies in performance

conduct which,

if continued,

may

result in further discipline.

RETENTION STANDING

Derived by allotting one point for each year of creditable service under the Commonwealth of the

Northern Mariana Islands Personnel Service System. Two additional points shall be added if the

employee was rated as Exceptional on his last regular perfonnance rating. Military service with

Armed Forces of the

U.S.

counts toward years of service.

Exercise of Retreat Rights is

when

employee has insufficient retention standing to compete within

his competitive level,

and

shall compete down the line of his promotion.

SELECTION

PROCEDURE

The

process of evaluating candidates

meas-ming

abilities

oii -mitten

tests,

app:ai:?sa!s

performance, experience, awards, education, qualifications, investigation and oral interview.

SERIES

CLASSES

Classes closely related in occupational specialty but differing in level

difficulty,

and

responsibility

and qualifications required.

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DEFINITIONS

STAFF DENTIST

graduate with a D.D.S. or D.M.D. degree from a school of dentistry accredited or accepted by the

Council on Dental Education of the American Dental Association, having successfully completed

ar,

i~te~ship

to two

years,

and

being licensed to practice.

STAFF PHYSICIAN

A graduate with

M.D.

degree fi-om a medical school

the United States, Puerto Rico, or Canada

accredited or accepted by the American Medical Association, having successfully completed

internship of one to two years,

and

being licensed to practice in the United States, Puerto Rico, or

Canada; a graduate with

I2.I.D.

degree

from

rnedica! schoo! o~tside

the

U~ted

States,

Pnprtc!

Rico, or Canada accredited or accepted by the American Medical Association, having successfuIIy

completed an internship of one to two years, and having successfully passed the screening

examination of the Education Commission for Foreign Medical Graduates (ECFMG).

SUPERVISORY NOMINATIONS

The names of employees

who

supervisors believe

are

especiaiiy

weii-quaiified

for promotion

consideration.

SUSPENSION

disciplinary action placing an employee in a non-duty status.

SUSPENSION FOR MORE THAN THREE WORK DAYS

An action placing an employee in

non-duty and non-pay status for disciplinary reasons.

TERMINATION

rpl.

rle

ending

person's

emp!oyment.

UNASSEMBLED EXAMINATION

Wherein the candidates, responding to

examination announcement, submit to designated places,

their records of education, training, experience, and such other information as requested in the

announcement, to be evaluated and rated by a qualified analyst.

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