American Samoa § 7.0803 - Demotion and termination.

§ 7.0803. Demotion and termination.

(a) Any employee in the career service serving under an appointment without a time limitation who has completed his probationary period may be removed for cause or demoted on any ground set out in 7.0801. (b) When considered appropriate, such action shall be recommended in writing to the Director of Manpower Resources by department heads or other authorized operating officials, who shall supply the Director with supportive evidence. (c) If the recommendation is followed, the Director shall in writing notify the employee of the nature of the charges against him, that he is subject to removal or demotion 30 calendar days from the date of the notice, and that he may request a hearing before the Personnel Advisory Board within 10 calendar days of the date he receives the notice. (d) The decision of the Personnel Advisory Board, or of the Director of Manpower Resources in the event no hearing is requested and held, shall be final and shall be made within the 30-day notice period provided in subsection (c). (e) Employees serving under temporary appointments as defined in subsection (a) of 7.0207 may be terminated at any time without notice or the procedures described in this section. Amendments: 1985 catchline: deleted “suspension” and added “termination”. Case Notes: Appeal under provisions of 4.1040 et seq. from the Final decision of the personnel advisory board permitted. Reed v. Personnel Advisory Board, ASR (1977).