TITLE 10

CIVIL SERVICE COMMISSION

 

Chapter 10-10            Excepted Service Personnel Regulations

Chapter 10-20            Executive Branch

Subchapter 10-20.1   Civil Service System Classification and

Compensation Manual

Subchapter 10-20.2   Personnel Service System Rules and Regulations

Chapter 10-30            Judicial Branch; Personnel Service System Rules and

Regulations

Chapter 10-40            Law Enforcement Officers’ Benefit Act Regulations

Chapter 10-50            Sick Leave Bank Regulations

 

CHAPTER 10-10

EXCEPTED SERVICE PERSONNEL REGULATIONS

 


Part 001          General Provisions

§ 10-10-001     General

§ 10-10-005     Applicability

§ 10-10-010     Purpose

§ 10-10-015     Definitions

 

Part 100          Staffing and Administration

§ 10-10-101     Recruitment and Selection Procedures

§ 10-10-102     “Special and Unique” Excepted Service Positions

§ 10-10-105     Nepotism

§ 10-10-110     Effective Dates

§ 10-10-115     Duty Station and Work Assignment

§ 10-10-120     Compensation and Work Schedules

 

Part 200          Employee Benefits

§ 10-10-201     Expatriation and Repatriation

§ 10-10-205     Housing

§ 10-10-210     Annual Leave

§ 10-10-215     Sick Leave

§ 10-10-220     Leave Without Pay

§ 10-10-225     Administrative Leave with Pay

§ 10-10-230     Holidays

§ 10-10-235     Advance Leave

§ 10-10-240     Court Leave

§ 10-10-245     Compassionate Leave

§ 10-10-250     Miscarriage Leave

§ 10-10-255     Pregnancy Disability Leave

§ 10-10-260     Maternity and Paternity Leave

§ 10-10-265     Military Leave

§ 10-10-270     Extended Military Leave

§ 10-10-275     FMLA Leave

§ 10-10-280     Part-time Accrual

§ 10-10-285     Transfer within the Executive Branch

§ 10-10-290     Transfer to Other Government Entity

 

Part 300          Employee Conduct and Obligations

§ 10-10-301     Mediation Procedure

§ 10-10-305     Termination of Services to the Government

§ 10-10-310     Non-discrimination Policy

§ 10-10-315     Non-tolerance of Sexual Harassment

§ 10-10-320     Anti-Bullying Policy

§ 10-10-325     Alcohol and Drug Free Workplace Policy


 

 


Chapter Authority: 1 CMC §§ 8116, 8117; N.M.I. Const. art. XX; Executive Order 94-3 § 214 (effective August 23, 1994).

 

Chapter History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

Commission Comment: The Civil Service Commission (CSC) was created by the Constitution of the Northern Mariana Islands, art. III § 16, (ratified 1977, effective 1978). Second Const. Conv. Amend 41 (effective Nov. 3, 1985) repealed article III § 16. Amendment 41 created the present art. XX. Article XX charges the CSC with the establishment and administration of personnel policies for the Commonwealth government. The Commission’s authority extends “to positions other than those filled by election or by appointment of the governor in the departments and agencies of the executive branch and in the administrative staffs of the legislative and judicial branches.” N.M.I. Const. art. XX.

 

Title 1, division 8 of the Commonwealth Code contains the public employment laws of the Commonwealth. PL 1-9 (effective August 11, 1978), the “Commonwealth Civil Service Act,” codified as amended at 1 CMC §§ 8101-8153, implemented the original constitutional provisions and created a civil service system. 1 CMC § 8111 creates a Civil Service Commission within the Commonwealth government.

 

The Civil Service Commission is charged with assuring compliance with personnel administration policy, proposing personnel policies of the Commonwealth to the Governor and the legislature, and carrying out its duties under the Civil Service Act. 1 CMC § 8116. 1 CMC § 8117 confers on the Civil Service Commission the authority to issue reasonable rules and regulations to carry out the provisions of the Civil Service Act, including regulating appointments, promotions, removals, and other personnel matters.

 

PL 1-9 also created the Personnel Office, headed by a Personnel Officer, within the Civil Service Commission, charged with implementing the personnel plans and policies of the CSC and conducting day-to-day Commonwealth personnel management functions. See 1 CMC § 8121.

 

Executive Order 94-3 (effective August 23, 1994) reorganized the Commonwealth government executive branch, changed agency names and official titles and effected numerous other revisions. According to Executive Order 94-3 § 214:

 

Section 214. Personnel Management.

(a)           There is hereby established an Office of Personnel Management, which shall have at its head a Director of Personnel, who shall be appointed by the Governor with the advice and consent of the Senate and who shall have the rank of special assistant to the Governor.

(b)           The Personnel Office is abolished and, except as otherwise provided in this section or in Section 307, its functions transferred to the Office of Personnel Management.

(c)           Boards and commissions (including the Civil Service Commission for its own employees), the Marianas Public Land Trust, the Board of Education/Public School System, the Northern Marianas College, and the Legislative and Judicial Branches (for their administrative staffs) may, to the extent of budgetary resources, retain or establish personnel management functions within their organizations, or they may, by agreement, arrange with the Office of Personnel Management to perform such functions on their behalf.

(d)           The following functions of the Personnel Office shall be retained by the Civil Service Commission (which may establish an appropriate administrative structure for such purpose) and may be delegated in whole or in part to any or all of the appointing authorities:

(1)           Exemption of positions from Civil Service classifications.

(2)           Development, evaluation, and improvement of the Personnel Service Performance Standards and Appraisal System.

(3)           Recommendation and promulgation of regulations relating to Personnel matters.

(e)           Notwithstanding any other provision of law, the function of taking any personnel action is, subject to the policies set for the by the Civil Service Commission, vested in the respective appointing authorities and shall not require further approval. Such actions shall be documented by the Office of Personnel Management (or by any office or employee conducting a personnel management functions pursuant to subsection (b) of this section); and a copy of such documentation forwarded to the Civil Service Commission.

(f)            The functions of the Personnel Office relating to training programs for government employees are transferred to the Northern Marianas College. The Board of Regents of the Northern Marianas College shall consult as necessary with the Director of Personnel regarding such programs. Government agencies and instrumentalities may, after consultation with the College, supplement such programs as budgetary resources may permit.

(g)           Nothing in this section shall be taken to derogate from the constitutional authority of the Civil Service Commission.

 

The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001; see also the commission comment to 1 CMC § 8116.

 

PL 12-54 (vetoed by Governor on April 20, 2001 and veto overridden June 18, 2001) repealed Executive Order 94-3 §§ 214 and 509, and reenacted and restored “the provisions of law affected by Sections 214 and 509...as they existed prior to the effective date of Executive Order 94-3.” PL 12-54 § 2. PL 13-1 (effective February 13, 2002) repealed PL 12-54 in its entirety and reenacted and reinstated Executive Order 94-3 § 214 in its entirety. PL 13-1 §§ 2 and 3.

 

Until November 1997, the Civil Service Commission promulgated and administered Excepted Service Personnel Regulations, which the CSC applied to all government personnel excepted from the civil service system. In 1998, the Office of Personnel Management within the Office of the Governor began issuing amendments to the Excepted Service Personnel Regulations under a delegation of authority by the Governor to develop and promulgate regulations for the excepted service personnel system.

 

Attorney General Legal Opinion 04-05 (March 3, 2004), 26 Com. Reg. 22196 (Mar. 23, 2004), addressed the legal authority of the Civil Service Commission to promulgate regulations applicable to government employment positions exempted by law from the civil service system. AG Opinion 04-05 concluded:  

 

“The ESPR proposed and adopted by the CSC...are valid only as applied to personnel service employees whose positions are exempt from Personnel Service System classifications. The ESPR as applied to those exempted from the Personnel Service System by the N.M.I. Constitution and CNMI law have no force and effect because the CSC had no statutory or constitutional authority to proposed or adopt them.”

 

AG Opinion 04-05, pg. 10; 25 Com. Reg. at 22205 (Mar. 23, 2004).

 

The regulations codified in this chapter are those originally issued by the Civil Service Commission, which according to Attorney General Opinion 04-05, remain applicable to government employment positions exempted by CSC from personnel service system classifications. Later amendments issued by the Office of Personnel Management are not included in this chapter. For Excepted Service Personnel Regulations administered by the Office of Personnel Management applicable to government employment positions exempted from the civil service by law, see NMIAC, title 120, chapter 10.

 

PL 17-80 (effective August 31, 2012) repealed and reenacted PL 13-1 § 3, the Commonwealth Civil Service Act of 1979 [1 CMC §§ 8101, et seq.]. PL 17-80 also repeals Chapter 10-10 of the CSC Rules and Regulations, and Chapter 120-10 of the Office of Personnel Management Rules and Regulations, but neither agency followed the procedure for repeal of these regulations in accordance with the APA. See 1 CMC § 9104(a).

 

The update history for the pre-2012 version of these regulations is as follows: Amdts Adopted 19 Com. Reg. 15748 (Nov. 15, 1997); Amdts Proposed 19 Com. Reg. 15638 (Sept. 15, 1997); Amdts Adopted 19 Com. Reg. 14891 (Jan. 15, 1997); Amdts Emergency and Proposed 18 Com. Reg. 14370 (Oct. 15, 1996) (effective for 120 days from Sept. 18, 1996); Amdts Adopted 17 Com. Reg. 13918 (Dec. 15, 1995); Amdts Emergency and Proposed 17 Com. Reg. 13631 (Aug. 16, 1995) (effective for 120 days from Aug. 16, 1995); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 12 Com. Reg. 7139 (June 15, 1990); Amdts Proposed 11 Com. Reg. 6148 (Apr. 15, 1989); Amdts Adopted 11 Com. Reg. 6156 (Apr. 15, 1989); Amdts Proposed 11 Com. Reg. 5854 (Feb. 15, 1989); Adopted 8 Com. Reg. 4695 (Oct. 22, 1986); Proposed 8 Com. Reg. 4643 (Sept. 15, 1986); Emergency and Proposed 6 Com. Reg. 2970 (July 16, 1984) (effective retroactive to November 25, 1983).

 

Part 001 -       General Provisions

 

§ 10-10-001     General

 

(a)        This chapter provides the regulations to appoint, reassign or transfer, promote or demote, or otherwise change status of, and to remove from the government service employees who are excepted from the Commonwealth Civil Service System pursuant to 1 CMC §8131(a). This chapter also provides the full range of personnel administration for the service of personnel employed under the excepted service.

 

(b)        Public Law 17-80, enacted August 31, 2012, placed the Office of Personnel Management within the Civil Service Commission. Public Law 17-80 gives the Civil Service Commission the authority to promulgate rules and regulations to regulate personnel matters, including for positions where civil service status is not attained. 1 CMC §8117(j). Pursuant to this authority, the Civil Service Commission promulgates the following Excepted Service Personnel Regulations, to be administered by the Office of Personnel Management under 1 CMC §8124(b).

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

§ 10-10-005     Applicability

(a)        The regulations in this chapter shall apply to employment of personnel in all excepted service positions within the Commonwealth government. However, nothing in these regulations shall be construed to apply to the payment of compensation and benefits, termination or service of elected officials, executive branch department heads, resident department heads, members of boards, commissions and councils, or other gubernatorial appointments. These regulations do not apply to the administrative staff of the judicial and legislative branches of the government. Agencies within the executive branch can be exempted from these regulations if the agency is specifically authorized by law to administer and regulate its personnel system. The executive branch includes resident departments, offices, and agencies in the First and Second Senatorial Districts, including the Offices of the Mayors and Municipal Councils. These regulations are not applicable to any agency or activity specifically authorized by law to establish its own personnel rules and regulations.

 

(b)        These regulations are not applicable to any agency or activity specifically authorized by law to establish its own personnel rules and regulations, unless the agency chooses to abide by these regulations.

 

(c)        It is not the intention of the regulations in this chapter to create any legally protected property interests in excepted service employment or any employment right or benefit not explicitly stated in these regulations or the employment contract. All excepted service employment may be terminated at the will of the employee and/or employer pursuant to the terms of the contract and these regulations.

 

(d)       Publicly elected officials, department heads, including resident department heads, other constitutional or statutory gubernatorial or mayoral appointments, and individuals on independent service contracts or other contracts processed through the procurement system are not excepted service employees. Appointed members of boards and commissions are not members of the excepted service.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

Commission Comment: The Commission corrected the capitalization of the words “judicial,” “legislative,” and “branches” in subsection (a) pursuant to 1 CMC § 3806(f).

 

§ 10-10-010     Purpose

 

The regulations in this subchapter establish regulatory direction for employing, compensating, providing employee benefits, and effecting other personnel actions for excepted service employees. These regulations shall be construed and applied to promote the following underlying purposes and policies:

 

(a)        Simplify, clarify, and modernize the excepted service employment policies and practices of the Commonwealth government.

 

(b)        Establish consistent excepted service employment policies and practices among various departments, offices, agencies, and activities of the Commonwealth government.

 

(c)        Create increased public confidence in the procedures followed in excepted service employment.

 

(d)       Ensure the fair and equitable treatment of employees within the Excepted Service Personnel System.

 

(e)        Provide safeguards for the maintenance of an excepted service personnel system of quality and integrity.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

Commission Comment: The Commission inserted commas after the words “benefits” in the initial paragraph and “agencies” in subsection (b) pursuant to 1 CMC § 3806(g).

 

§ 10-10-015     Definitions

 

For purposes of this subchapter, the following terms shall be defined as follows:

 

(a)        “Dependent(s):” Spouse, minor children, unmarried and under 21 years of age, physically or mentally handicapped children incapable of supporting themselves, regardless of age, wholly dependent parents of employee or spouse, or minor children by previous marriage, unmarried and under 21 years of age, for whom the employee or spouse have legal custody. Children by a previous marriage who are primarily domiciled by court order in other than the employee’s household are not considered dependents.

 

(b)        “Employee:” As used in this subchapter, an excepted service employee.

 

(c)        “Employer:” Any executive branch official with hiring authority; a hiring official.

 

(d)       “Excepted Service Contract:” Employment contract entered into by the employee and employer for a term not to exceed two years, subject to the availability of funds, budgeted FTEs, and any statutory limitations.

 

(e)        “Excepted Service Employee:” A contracted employee holding a position that is exempted from the Civil Service System, pursuant to the laws of the Commonwealth.

 

(f)        “Excepted Service Employment:” Employment contracted for a position that is exempted from the Civil Service System, pursuant to the laws of the Commonwealth.

 

(g)        “FTE:” Full-time employee.

 

(h)        “Willful Abandonment:” When an excepted service employee is absent without authorized leave for a combined total of ten days without valid reason during a twelve month period.

 

(i)         “Termination for Cause:” Termination for cause before the end of the contract term may be for any of the following reasons:

(1)        Failure or inability to perform competently;

(2)        Willful misconduct;

(3)        Willful abandonment of job;

(4)        Substantial or repeated violation of law, or of this subchapter, or of department or agency rules or policies;

(5)        Willful failure or inability to plan, manage, or evaluate employee or unit performance in a timely or effective manner;

(6)        Conviction of a felony or other crime involving moral turpitude;

(7)        Other good cause that adversely affects the employee’s ability to perform the job or that may have an adverse effect on the department or agency if employment is continued.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

Commission Comment: The Commission inserted quotation marks around terms defined. The Commission inserted commas after the words “FTEs” in subsection (d) and “manage” in subsection (i)(5) pursuant to 1 CMC § 3806(g). The Commission inserted punctuation at the ends of subsection (i)(1) through (i)(7) pursuant to 1 CMC § 3806(g).

 

Part 100 -       Staffing and Administration

 

§ 10-10-101     Recruitment and Selection Procedures

 

(a)        An employer who seeks to fill a vacant position will initiate a request for personnel action (RFPA) for recruitment. Upon certification of the availability of funds by the Department of Finance and the availability of a FTE by the Office of Management and Budget, the Director of Personnel will authorize a vacancy announcement to initiate a search for a qualified and suitable person. The terms for the position shall be in accordance with the position description. The recruitment and selection process will follow procedures established by the Director of Personnel.

 

(b)        An existing position is deemed to be vacant upon expiration of the present or last employment contract. The position can be announced sixty days before the end-date of the current employment contract if the intent is not to renew the incumbent.

 

(c)        There is no requirement for the employer to renew an excepted service employment. If the employer elects to renew the employment contract of an excepted service employee, the employer may request the Director of Personnel to waive the announcement of the position, unless the incumbent is a non-resident employee and the announcement is required by the Nonresident Workers Act, as amended.

 

(d)       Newly established or otherwise unfilled positions will be announced. Provided, however, when necessary for the provision of essential services, as justified by the employer with concurrence of the Governor, the Director of Personnel may waive the requirement of a vacancy announcement for selection of a candidate for any position within the excepted service. However, prior to waiving the vacancy announcement, the Director of Personnel shall require certification of the availability of funds by the Secretary of Finance and availability of a FTE by the Office of Management and Budget for the position to be filled. Such waivers cannot be granted for non-resident workers, as per the Nonresident Workers Act, as amended.

 

(e)        Deputy secretaries, special assistants, and executive secretaries to the heads of the principle executive branch departments, ungraded directors of offices or agencies, and the special assistants and executive secretaries to the heads of commissions, boards, councils, government corporations, and autonomous agencies may be employed without announcement. These unannounced employees must meet reasonable minimum qualification requirements recommended by the hiring authority and approved by the Director of Personnel, if requirements have not already been established by statute or regulation.

 

(f)        Upon selection of an applicant the employer will submit a request for personnel action. The selected candidate will not be authorized to begin work until the action and contract have been fully routed and approved, a negative report has been received for the pre-employment drug test, all other requirements have been met, and the Director of Personnel has made payroll certification that the employee has been employed in accordance with relevant statutes and regulations.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

Commission Comment: The Commission inserted commas after the words “assistants” and “corporations” in subsection (e) and “met” in subsection (f) pursuant to 1 CMC § 3806(g).

 

§ 10-10-102     “Special and Unique” Excepted Service Positions

 

(a)        “Special and Unique” excepted service positions, authorized by Public Law 18-05 and cited in 1 CMC § 8131(a)(13), are those where the appointing authority certifies and the Director of Personnel concurs that the service to be performed is special and unique and is essential to the public interest because of the level of expertise or special knowledge required and the essential nature of the services to be approved. In general these exemptions from the Civil Service will be restricted to those positions that:

(1)        Are not listed in the approved Civil Service Master List of Classified Positions;

(2)        Are not easily or readily available through local recruitment; and

(3)        Either require a bachelor’s degree level of education or higher; require highly technical skills not necessarily attained through higher education; or require U.S. or CNMI licensure or certification.

 

(b)        The Director of Personnel will make the final determination of a position’s excepted service status under this exemption taking into consideration the public interest.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

Commission Comment: The Commission corrected the capitalization of the words “excepted service” and “appointing authority” in subsection (a) and the words at the beginning of subsections (a)(1) through (a)(3) pursuant to 1 CMC § 3806(f).

 

§ 10-10-105     Nepotism

 

There shall be no limit to the number of members of the same household who may be employed under other excepted service appointments, provided:

 

(a)        No member of the same household may supervise another.

 

(b)        All other qualifications for employment are met.

 

(c)        No costs, other than for salary and employment benefits as provided by regulation, shall accrue to the government as a result of hiring persons from a household containing another employee.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

§ 10-10-110     Effective Dates

 

(a)        Employment Start Date. Employment for all excepted service employees, whether residing inside or outside the Commonwealth at the time of hire, shall be effective on the first day the employee reports to work. Expatriation travel time is outside the employment period and will not be compensated.

 

(b)        Contract Completion. Completion of the term of employment shall be effective on the last day of the term of the employment contract.

 

(c)        Early Termination. Early termination of employment, with or without cause, shall be effective on the date of termination stated in the termination letter. Repatriation travel time is outside the employment period and will not be compensated.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

§ 10-10-115     Duty Station and Work Assignment

 

(a)        Duty stations are defined as Saipan, Rota, Tinian, the Northern Islands, or as otherwise assigned.

 

(b)        The employee is employed for the specific position and assigned to a specific duty station as identified in the employment contract. However, with the employees consent, the employee may be assigned to another related employment position and to another duty station, based upon the needs of the government.

 

(c)        If the transfer of employment and duty station involves a permanent move for a period in excess of six months to another island, the employee shall be entitled to transportation for self and dependents, if any, and shipment of household effects, not to exceed 1,500 pounds for a single status employee or 3,000 pounds for an employee with dependents. This benefit is available only in cases where the transfer is initiated by the government.

 

(d)       Temporary assignments to another duty station for periods of not more than ten consecutive workdays do not require the employee’s approval, if the assignment is required by the needs of the government.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

§ 10-10-120     Compensation and Work Schedules

 

(a)        The salary will be subject to budget appropriations and will be expressed in terms of the gross amount to be paid during a twelve-month annual period, and for each of the twenty-six bi-weekly pay periods.

 

(b)        Periods of compensable time shall include time worked during the assigned work schedule, overtime for overtime-eligible employees, legal holidays, and approved annual, sick, administrative and other leaves, as defined herein. Periods of absence without leave (AWOL) and leave without pay (LWOP) will not be compensated and will be subject to appropriate timekeeping and administrative action.

 

(c)        The standard government workweek is Monday through Friday with the standard workday from 7:30 a.m. to 4:30 p.m. The employee’s specific workday and workweek may differ from the standard workweek on a permanent basis, or vary from time to time, according to the needs of the government. Every effort shall be made to maintain a reasonable five-day, forty-hour work schedule, but the schedule is subject to variation, to include required overtime for overtime-eligible employees, extra hours for overtime-exempt employees, shifts of differing duration, and broken periods of duty, according to the needs of the government.

 

(d)       All employees are covered by the Federal Fair Labor Standards Act (FLSA). Under the FLSA, the Commonwealth is considered to be a single employer. Employees cannot waive their rights under FLSA. An employee will be designated by the Director of Personnel as overtime-eligible or overtime-exempt based upon the duties performed and in accordance with the federal FLSA. Such designated executive, administrative, and professional employees are exempt from, and shall not be paid, overtime payment. These terms have the meanings given them in the federal Fair Labor Standards Act. The employee’s overtime eligibility status is stated in the excepted service contract.

 

(e)        Overtime for overtime-eligible employees shall be approved in accordance with a procedure established by the department or activity. The employer shall also establish a policy to address administrative actions for unauthorized overtime work. However, prohibition of unauthorized overtime does not relieve the employer of the requirement to pay for time actually worked. Overtime is that time a non-exempt employee is directed or permitted to work in excess of the 40 hours during a standard work week (40 hours in seven consecutive days). Employers may apply different work periods for health care employees, or different work periods and overtime thresholds for law enforcement and fire employees, as permitted by federal law. Such overtime hours are paid at 1.5 times the regular rate of pay, as defined in the Fair Labor Standards Act.

 

(f)        Compensatory time-off can be used to replace monetary payment for overtime-eligible employees, at the discretion of the employer. In such cases replacement will be at the rate of one and one-half hours of compensatory time-off for each one hour of overtime worked. The employee’s acceptance of excepted service employment serves as an agreement to receive compensatory time-off in lieu of paid overtime. The employer can require the employee to use the compensatory time-off that they have earned, rather than allowing it to excessively accumulate or paying it as overtime. Restated, this means that the employer can schedule compensatory time-off periods and require the employee to take that time-off. This does not prevent an employee from also scheduling time off at a time of his or her choosing, as long as approving the request does not unduly disrupt government operations.

 

(g)        The Director of Personnel may approve compensatory time or extra payment to an overtime-exempt employee, at the recommendation of the employer, in exceptional situations. Such situations will be considered the exception, not the rule, and will be limited to declared emergencies and extraordinary work requirements. In such cases compensatory time-off or extra payment will be on a one-to-one regular base pay basis.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

Commission Comment: The Commission struck a superfluous “0” from subsection (c) pursuant to 1 CMC § 3806(g). The Commission inserted commas after the words “deviation” in subsection (c) and “administrative” in subsection (d) pursuant to 1 CMC § 3806(g).

 

Part 200 -       Employee Benefits

 

§ 10-10-201     Expatriation and Repatriation

 

Expatriation and repatriation benefits are only provided to excepted service employees hired from outside the Commonwealth or those excepted service employees hired within the Commonwealth and transferred to a post outside the Commonwealth. Benefits will not be duplicated in situations where both spouses are employed by the government, regardless of employing entity. The government does not provide any insurance coverage for periods of expatriation or repatriation travel and assumes no liability for injury or loss or damage of property.

 

(a)        Expatriation. Travel and transportation expenses shall be paid by the employer as follows:

(1)        Coach or tourist class air transportation costs by a direct route for the employee and the dependents from the point of recruitment to the CNMI.

(2)        No salary will be paid during the period of travel.

(3)        Upon request by the employer and approval by the Director of Personnel, shipment of household goods and personal effects may be authorized for positions that are considered hard to fill. This authorization shall be limited to the following:

(i)         The employer shall pay the cost for one shipment by sea of household goods and personal effects, not to exceed 3,000 pounds net weight for an employee with accompanying dependents, or 1,500 pounds for an employee without accompanying dependents, from the employee’s point of recruitment to his or her duty station.

(ii)        The employer is not responsible for any amount exceeding the authorized benefit or for any additional personal shipments made by the employee.

(iii)       The shipment must originate within six months of the date of entry on duty, unless extended by the Director of Personnel for just cause. In the event temporary storage of household goods and personal effects intended for shipment to the duty station is necessary at the point of recruitment after pick-up by the carrier and prior to departure by sea, the government will pay the cost of such temporary storage.

(iv)       Only those items may be shipped which are not restricted by Commonwealth or federal laws or regulations. Household goods and personal effects are defined as personal property of the employee and his immediate family at the time of shipment that can be transported legally in interstate commerce. The term may include household furnishings, equipment and appliances, clothing, and other personal or household items. It does not include automobiles, boats, motorcycles, any other vehicle or trailer, or any pet or animal. It also does not include property that is for resale or disposal, for use in conducting a business or other commercial enterprise, or for any purpose other than the direct use of the employee and his or her immediate family.

(v)        The employee is encouraged to self-pack and to ship his or her household effects by the United States Postal Service (USPS) by first class mail. If this option is elected, no sea shipment will be authorized. All limits and restrictions of the sea shipment otherwise apply. The employee is advised that USPS receipts showing weight and cost of each package must be provided for reimbursement.

(vi)       The employer shall reimburse up to $300.00 for an air shipment (USPS) or accompanied baggage to an employee with accompanying dependents, and up to $150.00 to an employee without accompanying dependents, upon presentation of receipts. If the employee self-packs and ships the main shipment through USPS, this amount will be in addition to the 3000 or 1500 pound limit.

(vii)      The employer is not responsible for the cost of insurance or for any damage or loss of shipped items, whether transported by sea shipment or USPS.

 

(b)        Repatriation. Upon completion of the agreed upon period of service under this contract or any subsequent excepted service contract entered into after the expiration of this contract, the government shall pay the benefits set out above in subsection (a) with the following conditions:

(1)        The employer will provide a one-way coach-class ticket to the point of recruitment for the employee and each authorized dependent. Employees may also receive their return ticket in cash at the lowest economy excursion fare to their point of hire, unless ticketing of the employee is required by law. This ticketing benefit will only be provided upon the employee’s full separation from government employment.

(2)        If a minor child of an employee reaches the age of 21 years, such dependent, at government expense, will be eligible for repatriation to point of recruitment upon his or her consent. However, the employer will be discharged of this responsibility if repatriation benefits are not utilized within one year of the dependent attaining the age of 21 years.

(3)        No salary will be paid during the period of travel.

(4)        The repatriation shipment of household goods and personal effects will be subject to the conditions of subsection (a)(3), and limited to the actual weight shipped upon recruitment. The employer will be discharged of the responsibility for repatriation of household goods if the benefit is not utilized within one year from the termination date.

 

(c)        Check-out. Before repatriation benefits are afforded and the final paycheck is issued, the employee must complete check-out procedures as established by the Office of Personnel Management.

 

(d)       Carry Over of Benefits. An employee who has earned the contractual repatriation benefits may carry over these benefits to any subsequent employment within the executive branch or to any other employer within the Commonwealth government and will be eligible to receive them at the end of employment with the Commonwealth government. No benefit will be duplicated, regardless of the number of contract periods.

 

(e)        Early Termination of Contract. Early termination occurs where the employee resigns or willfully abandons his/her position or is terminated for cause prior to the end of the contract term.

(1)        If an employee terminates the contract within the first year:

(i)         The employer will not be liable for any repatriation expenses.

(ii)        The employee must repay the cost to the employer of the expatriation benefits enumerated in this section, and other costs paid by employer related to recruitment.

(iii)       The Director of Personnel, with the recommendation of the employer, may waive (e)(l)(i) or (e)(l)(ii) and provide repatriation benefits including shipping and airfare to point of recruitment on a compassionate basis.

(2)        If an employee on a two-year contract terminates the contract after completing one year of service, the employer will not be liable for any repatriation expenses.

 

(f)        Re-employment. An employee who has separated from government service and has utilized contractual repatriation benefits will not be eligible for expatriation or repatriation benefits in a new contract if rehired by the Commonwealth government within six months from the date of separation.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

Commission Comment: The Commission corrected the capitalization of the word “federal” in subsection (a)(3)(iv) pursuant to 1 CMC § 3806(f). The Commission inserted a comma after the word “clothing” in subsection (a)(3)(iv) pursuant to 1 CMC § 3806(g).

 

§ 10-10-205     Housing

 

(a)        Housing benefits shall apply only to excepted service employees whose point of recruitment is outside the Commonwealth of the Northern Mariana Islands and those excepted service employees hired within the Commonwealth and transferred to a post outside the Commonwealth. An excepted service employee recruited outside the Commonwealth shall receive either housing or housing allowance at the election of the employee, but not the two simultaneously. If the employee elects housing, it is provided pursuant to a revocable license and not as a tenancy or leasehold. The housing allowance shall not exceed $600 per month for an employee without dependents and $800 per month for an employee with dependents.

 

(b)        If government housing is unavailable and private housing has not been arranged for the employee, the employer shall pay a temporary lodging allowance to the employee not to exceed the governments established per diem rate for travel at the duty station, for a period not to exceed thirty days. When the Director of Personnel has determined that this period is insufficient to move into permanent housing, a longer period may be authorized.

 

(c)        Government housing is intended for the use of the employee and his or her dependents. No person who is not a dependent may reside in government housing for more than thirty days, unless it is approved in writing by the Director of Personnel.

 

(d)       No employee whose contract has been terminated or has expired shall remain in the provided quarters longer than fourteen days after that termination or expiration, unless continued residence is approved by the Director of Personnel upon request of the employer.

 

(e)        The employee is responsible for utility and trash collection costs.

 

(f)        The employee is responsible for returning government furniture/appliances to the employer at the termination of the contract of employment, in a similar condition as that at the beginning of the occupancy of the government housing, ordinary wear and tear excepted. At the termination of the contract, subsequent to the departure from the premises, the employer or their designee shall inspect the premises. If cleanup or repairs, due to the employees actions or neglect are required, the employee will be assessed the cost of the corrective action.

 

(g)        The employee is responsible for taking reasonable action to protect government housing entrusted to the employee from damage caused by a storm. Election of housing creates an assumption of risk by the employee and creates no warranty of habitability or quiet enjoyment.

 

(h)        Any housing allowance or housing benefit for employees recruited outside the Commonwealth shall remain in effect for not more than five years.

 

(i)         The housing benefit will not be duplicated in situations where both spouses are employed by the government, regardless of the employing entity.

 

(j)         The employee shall comply with all housing regulations promulgated by the Office of Personnel Management.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

§ 10-10-210     Annual Leave

 

(a)        Annual leave, or vacation, shall be granted for the purpose of rest and relaxation. Except as provided in this section, employees who have less than three years of creditable service shall earn annual leave at the rate of four hours per pay period. Employees with three but less than six years of creditable service shall earn annual leave at the rate of six hours per pay period. Employees with six or more years of creditable service shall earn annual leave at the rate of eight hours per pay period.

 

(b)        Activity heads, division directors, deputy secretaries, executive secretaries, special assistants of the Governor, Lieutenant Governor and department heads, medical doctors, practicing attorneys, and executive directors of principal boards and commissions shall earn annual leave at the rate of eight hours per pay period.

 

(c)        Annual leave accrual rate per pay period for health care professionals, engineers, and other professionally qualified excepted service employees with advanced degrees and/or exceptional skills or experience shall be at a rate not to exceed eight hours, and:

(1)        Based, specific to each employee, upon:

(i)         The critical need to fill the position;

(ii)        The availability of qualified applicants; and

(iii)       The amount and quality of related education, training, and experience possessed by the employee.

(2)        An employee employed in the first year of the initial contract shall not be entitled to use annual leave during the first ninety days of employment. Annual leave earned during this period will be credited to the employee upon completion of this initial period. This restriction does not apply to employees employed on an immediately subsequent contract.

 

(d)       Excepted service employees shall accrue annual leave at the rate set forth in their employment contract. If the employee takes leave without pay (LWOP) or is in an absence without leave (AWOL) status there will be no leave accrual for that pay period.

 

(e)        Annual leave may be used only upon prior written approval of the employer and will be scheduled based upon the needs of the employer. Annual leave requests must be made in advance, except in cases of bona fide emergencies, on a leave request form provided by the Office of Personnel Management. All annual leave requests must be approved by the immediate supervisor and division director. In smaller organizations where division may not exist, the heads of such organizations shall approve annual leave. The employer will approve all properly submitted leave requests unless the needs of the government prevent the absence of the employee.

 

(f)        Employees serving on government boards and commissions who elect to take leave without pay during their performance of duties on a board or commission shall accrue annual leave for that service time.

 

(g)        Annual leave must be utilized during the contract period. Except as provided in subsections (h), (j), and (k) below, any annual leave not utilized will be converted to sick leave at the end of the employment term. No cash payment will be made for unused annual leave, except as provided for in subsections (j) and (k) below.

 

(h)        If an offer and acceptance for a new employment contract is agreed upon, or if an excepted service employee accepts conversion to civil service status, accrued and unused annual leave credits from the prior period of employment, not to exceed 160 hours, shall be carried over to the new employment contract, or status in cases of conversion to civil service status. Notwithstanding this limit on leave, in order to comply with the 160-hour limit, due to the critical nature and need for the services by the Commonwealth government, the employer may allow, with the approval of the Director of Personnel, the employee to accumulate up to 240 hours of annual leave and carry this amount over into a subsequent employment period. Unused annual leave in excess of the limits cited above will be converted to sick leave.

 

(i)         Employees converting from the civil service to excepted service status will be authorized to carry over not more than 160 hours of annual leave. Hours in excess of this amount will be converted to sick leave if not used prior to conversion.

 

(j)         The Director of Personnel may, upon the recommendation of the employer and with the concurrence of the Governor, approve a lump-sum cash payment of up to 160 hours of unused annual leave in cases of involuntary separation due to reasons of bona fide personal emergency beyond the control of the employee.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

Commission Comment: The Commission inserted commas after the words “attorneys” in subsection (b), “engineers” in subsection (c), “training” in subsection (c)(1)(iii), and “(j)” in subsection (g) pursuant to 1 CMC § 3806(g).

 

§ 10-10-215     Sick Leave

 

Sick leave shall accrue to the employee at the rate of four hours per pay period, provided the employee has been in pay status as required by the excepted service employment contract. If the employee takes leave without pay (LWOP) or is in an absence without leave (AWOL) status there will be no leave accrual for that pay period. Government employees serving on government boards and commissions who elect to take leave without pay (LWOP) during such performance shall accrue leave for that service time.

 

(a)        The employee is entitled to use accrued sick leave from the time sick leave is first earned.

 

(b)        Any absence on sick leave where the employee misses more than three continuous days of work must have the illness verified by a note from a medical doctor in order to claim sick leave.

 

(c)        The employee is not entitled to any payment for accrued and unused sick leave upon completion of an employment contract or termination of employment.

 

(d)       If an offer and acceptance for a new period of employment is agreed upon under a new employment contract/appointment, all accrued and unused sick leave credits from the prior contract/appointment will be carried over, provided that if the employee is separated from government service for a period longer than three years, the employee shall be divested of accumulated sick leave.

 

(e)        If the employer has reasonable grounds to believe that the employee is misusing sick leave, or requesting sick leave for purposes other than illness, the employer may request proof of illness from a health care professional for any period of illness. If the certification is not provided, or is unpersuasive, the supervisor may deny the sick leave request.

 

(f)        Sick leave may be accumulated without limit.

 

(g)        Excepted service employees are eligible for the sick leave bank program pursuant to applicable regulations adopted on October 16, 1997 and published in the Commonwealth Register, Vol. 19, No. 11 , on November 15, 1997, at pages 15748-15757. (See NMIAC title 100, chapter 50).

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

§ 10-10-220     Leave Without Pay

 

Leave without pay for 90 days or less may be taken only after obtaining the written approval of the department director. Leave without pay in excess of 90 days must be approved by the Director of Personnel upon recommendation by employer.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

§ 10-10-225     Administrative Leave with Pay

 

Administrative leave with pay may be granted by the Governor for a public purpose. Administrative leave with pay may be granted by the employer to an employee serving on government boards, councils, and commissions, provided the employee does not receive compensation from the board, council, or commission, and, if deemed for an employment related purpose, for a period of not to exceed ten days per annum.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

§ 10-10-230     Holidays

 

The employee shall be released from work on all legal holidays, except during emergencies, without loss of pay or charge to leave account.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

§ 10-10-235     Advance Leave

 

Where, for good reason, the employee requires an advance of annual or sick leave, the Director of Personnel may grant leave in advance up to a maximum of one-half of the total earnable leave credits for one year from the date the request is approved or for the remainder of the employment contract/appointment, whichever is shorter. Subsequent leave earnings shall serve to replace the amount of advance leave taken. In the event an employee resigns from his or her employment, any annual or sick leave overdraft must be paid as part of the final clearance.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

§ 10-10-240     Court Leave

 

The government encourages its employees to fulfill their obligations as citizens and residents of the Commonwealth and the federal government. Thus, employees who are called upon to serve as jurors and witnesses may, at their option, be granted court leave for such period as required by the court. Employees who are called to jury duty or as witnesses shall present their summons to their immediate supervisor together with a completed request for leave for his signature and processing. Employees using court leave to cover the period of absence shall turn over to the Commonwealth Treasurer such jury or witness fees (as distinct from expense allowances) as they receive from the court or summoning party. Expense allowances paid the employee for whatever purpose may be retained by the employee to defray the expenses for which granted.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

§ 10-10-245     Compassionate Leave

 

Full-time excepted service employees may be granted compassionate leave of no more than five workdays, not necessarily consecutive, in cases of death in the immediate family of the employee. For the purpose of this section, the term immediate family shall include a mother, father, brother, sister, spouse, immediate offspring (natural and culturally or legally adopted), stillborn child, grandfather, grandmother, grandchild, mother-in-law, or father-in-law. Compassionate leave must be taken within eighteen days after the death of the immediate family member.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

§ 10-10-250     Miscarriage Leave

 

Miscarriage leave shall be granted to an excepted service employee who is absent from work because of miscarriage or the subsequent convalescence. Such miscarriage leave shall not exceed five work days, and shall be in addition to any accumulated sick leave. An employee who wishes to claim miscarriage leave must have the miscarriage verified by a note from a medical doctor in order to claim miscarriage leave. Any additional leave taken after five work days shall be charged against accumulated sick leave.

 

§ 10-10-255     Pregnancy Disability Leave

 

Pregnancy disability leave shall be granted to an excepted service employee who is absent from work because of childbirth or the subsequent convalescence. Such pregnancy disability leave shall not exceed thirteen work days, shall be in addition to any maternity leave or accumulated sick leave, and shall be any thirteen work days encompassing the date of childbirth. Any additional leave taken for such childbirth purposes shall be charged against accumulated sick leave. Pregnancy disability leave shall be available to an excepted service employee who suffers a still birth.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

§ 10-10-260     Maternity and Paternity Leave

 

Maternity or paternity leave shall be granted to an excepted service employee who is absent from work because of the employee (maternity leave) or the employee’s wife (paternity leave) giving birth. Such maternity or paternity leave shall not exceed two work-days and shall be taken within one week of the date of childbirth. Paternity leave will only be granted in cases of legal marriage.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

Commission Comment: The Commission corrected the spelling of “employee’s” pursuant to 1 CMC § 3806(g).

 

§ 10-10-265     Military Leave

 

Military leave with pay may be granted to excepted service employees for a period not to exceed fifteen working days in any calendar year, regardless of the number of training periods in the year.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

§ 10-10-270     Extended Military Leave

 

Extended military leave shall be granted to excepted service employees pursuant to the federal Uniformed Services Employment and Reemployment Act (USERRA).

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

§ 10-10-275     FMLA Leave

 

Leave under the federal Family and Medical Leave Act of 1993 (FMLA) shall be granted to excepted service employees as provided in FMLA.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

§ 10-10-280     Part-time Accrual

 

Part-time or intermittent employees with regular scheduled tours of duty of forty to less than eighty hours during a biweekly period will accrue annual leave and sick leave at a prorated amount of the full time benefit, rounded off to the nearest quarter hour per pay period, and will be eligible for other paid leaves, provided is* this part, at this rate. Part-time or intermittent employees with regular scheduled tours of duty of less than forty hours during a biweekly pay period will not accrue annual or sick leave or be eligible for the other paid leave benefits. If a part-time or intermittent employee takes leave without pay (LWOP) or is in an absence without leave (AWOL) status for a scheduled duty period there will be no leave accrual for that pay period.

 

* So in original.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

§ 10-10-285     Transfer within the Executive Branch

 

If an excepted service employee transfers to another excepted service position within the executive branch, the new employer will assume any liability for the payment or transfer of all earned contractual benefits. Transfers to similar positions within the executive branch with no change in salary may be affected by the employer with or without the employee’s permission.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

§ 10-10-290     Transfer to Other Government Entity

 

If an excepted service employee transfers to another government entity, the receiving entity will assume any liability for the payment or transfer of all earned contractual benefits. Similarly, the executive branch will assume a similar liability for the payment or transfer of all earned contractual benefits if it accepts the transfer of an employee contractually entitled to such benefits from another government entity.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

Part 300 -       Employee Conduct and Obligations

 

§ 10-10-301     Mediation Procedure

 

Excepted services employees may seek dispute resolution to resolve conflicts and disputes by means of a mediation procedure as provided by the Office of Personnel Management and pursuant to available resources.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

§ 10-10-305     Termination of Services to the Government

 

(a)        The government may terminate the employee without cause upon written notice sixty days in advance of the date of termination of employment. This time may be shortened only by specifying in the employment contract a lesser period of advance notice. Such notice shall specify the date of termination and be delivered in person to the employee, or by certified mail if the employee is otherwise unavailable for personal delivery.

 

(b)        The government may terminate the employee with cause upon written notice seven days in advance of termination of employment.

 

(c)        When resigning, the employee must give sixty-days advance written notice in terminating employment. When considered to be in the best interests of the government, this time may be shortened or lengthened by the employer stating in the space provided in the employment contract the specific period of advance written notice that will be required. At the time of resignation, the employer may waive the advance written-notice requirement.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

§ 10-10-310     Non-discrimination Policy

 

(a)        It is the policy of the Commonwealth government that discrimination, for or against any employee, because of race, creed, color, gender (including sexual harassment), sexual orientation, national origin, age, religion, political affiliation, organizational membership, veterans status, disability, or genetic information is prohibited and will not be tolerated.

 

(b)        All agencies shall maintain every workplace free from unlawful harassment, including sexual harassment. Any employee or official who engages in any act of discrimination or harassment on the basis of any of the above factors violates government policy, and such misconduct will subject the employee to corrective action ranging from counseling to disciplinary action up to and including termination. Such harassment by a non-employee (for example, a client or contractor) is also prohibited. Employers shall not tolerate any such outside harassment and shall take necessary action to prevent its continuation or recurrence.

 

(c)        Any employee who feels that he or she has been discriminated against on the basis of any of the above factors, or sexually harassed, should immediately report such incidents to a supervisor at any level without fear of reprisal. In cases of sexual harassment, procedures should be followed in accordance with § 10-10-315. Confidentiality will be maintained to the extent permitted by the circumstances.

 

(d)       An employer who receives a claim of discrimination or harassment in violation of this policy shall take such complaint seriously and immediately advise the Director of Personnel or the Commonwealth Equal Employment Opportunity (EEO) Coordinator of the situation. The employer, with the assistance of the EEO Coordinator, will ensure that it is investigated promptly, privately, and with as much confidentiality as possible, consistent with the need to determine the facts. The investigation will be documented by an investigative report that will be retained in a confidential file by the EEO Coordinator. Any person accused of a violation shall be allowed the opportunity to rebut the charges.

 

(e)        After determining the facts through the investigation, the employer shall take corrective action as required by the circumstances. This may include counseling any employee, whether or not a violation has occurred; imposing an appropriate sanction, including disciplinary action; making sure that this policy is reiterated to all employees or any group. An employer, or any supervisory staff, who does not take appropriate action also violates this policy and exposes the Commonwealth government to liability.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

§ 10-10-315     Non-tolerance of Sexual Harassment

 

(a)        Applicability

This policy and procedure applies to all excepted service employees of the Commonwealth government.

 

(b)        Purpose

This policy and procedure will establish the Commonwealth government’s policy of non tolerance of sexual harassment of any form, by its employees, toward its employees, or by non-governmental agents against the government’s clients or employees. It will also provide guidance for the education and training of employees to recognize, avoid and prevent sexual harassment in the workplace. This policy and procedure will provide steps for reporting, investigating, and taking administrative action in situations involving sexual harassment.

(c)        Definitions

(1)        Sexual harassment is an unwelcome sexual advance, request for sexual favors, or other verbal or physical conduct of a sexual nature. Sexual harassment occurs when:

(i)         Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or

(ii)        Submission or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual, or

(iii)       Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostility*, or offensive work environment.

 

* So in original.

 

(2)        Sexual harassment can be divided into two basic types of misconduct:

(i)         When an employee suffers or is threatened with a quid pro quo (this for that) situation. This form of sexual harassment occurs when a supervisor or someone else with authority over the victim makes a put out or get out demand, such as submit to my sexual requests or you will be fired, demoted, passed over for promotion, or in some other way made miserable on the job. This type of sexual harassment can be committed only by someone in the organization structure who has the power to control the victim’s job destiny.

(ii)        When behavior in the workplace creates a hostile environment. This form of sexual harassment occurs when a supervisor, co-worker, or someone else with whom the victim comes into contact on the job creates an abusive work environment or interferes with the employees work performance through words or deeds because of the victim’s gender. The following kinds of behavior have been recognized by the courts as contributing to a sexually hostile environment:

(A)       Discussing sexual activities;

(B)       Telling off-color jokes;

(C)       Unnecessary touching;

(D)       Commenting on physical attributes;

(E)       Displaying sexually suggestive pictures;

(F)       Using demeaning or inappropriate terms, such as babe, honey, etc.;

(G)       Using indecent gestures;

(H)       Sabotaging the victims work;

(I)        Engaging in hostile physical conduct;

(J)        Granting job favors to those who participate in consensual sexual activity; or

(K)       Using crude and offensive language;

(L)       Wearing provocative, sensual attire, i.e. tight, skimpy, short-length, etc.

(iii)       The above listed behaviors can create a liability for the government and any such conduct must be addressed and corrected at its earliest stage before it becomes severe or pervasive.

(3)        A workplace environment is considered sexually hostile when conduct occurs that meets the following two conditions:

(i)         It must be subjectively perceived as abusive by the person(s) affected, and

(ii)        It must be objectively severe or pervasive enough to create a work environment that a reasonable person would find hostile or abusive.

(iii)       A determination of whether or not a situation would be construed as sexual harassment should also take into consideration the following factors:

(A)       The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex;

(B)       The harasser can be the victims supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee;

(C)       The victim does not have to be the person harassed, but could be anyone affected by the offensive conduct;

(D)       Unlawful sexual harassment may occur without economic injury to the victim;

(E)       The harassers conduct must be unwelcome.

(4)        Sexual discrimination is distinguished from sexual harassment in that it reflects biases in employment actions based upon gender, but does not involve the abusive behavior described in subsection (b) above.

 

(d)       Policy

(1)        It is the policy of the Commonwealth government that all employees shall enjoy a work environment free from sexual harassment and all forms of discrimination. Sexual harassment is illegal, under Title VII of the Civil Rights Act of 1964, as amended and as implemented by 29 CFR 1604.11, and is prohibited under this chapter and article 1, section 6, of the Commonwealth Constitution.

(2)        Sexual harassment is specifically prohibited and will not be tolerated in any form, regardless of whether the offensive conduct is committed by supervisors, managers, non-supervisors (co-workers), or nonemployees (consultants, contractors, general public).

(3)        All employees are encouraged to report any violation of this policy. If management is not aware of specific incidents of sexual harassment in the workplace it cannot properly address them. If an employee observes or is subjected to sexually discriminatory or harassing behavior in the workplace, it should be reported immediately to the departmental EEO counselor or coordinator so it can be resolved at the earliest possible time. Employees will not be retaliated against for making truthful statements about perceived harassment.

(4)        No employee will be denied or will receive employment opportunities and/or benefits because of a sexual relationship with a co-worker or supervisor. No employee or non-employee shall imply to an employee, an applicant for employment, or a client of a government activity, that conduct of a sexual nature will have an effect on that person’s employment, assignment, advancement, other condition of employment, or any other relationship with the government. Any incidents of this type, upon verification by investigation, will be subject to disciplinary and corrective action.

(5)        The employer, at all supervisory levels, is responsible for the occurrence of acts of sexual harassment in the work place when they know or should have known of the prohibited conduct. As an official of the Commonwealth government, a supervisor’s improper action or failure to act creates a liability on the part of the government. All incidents of sexual harassment will be immediately reported to the Equal Employment Opportunity Coordinator, division director, or department head/employer for guidance. Supervisors and managers who knowingly allow harassing behavior to occur, or participate in such behavior, will be subject to disciplinary action.

(6)        The Director of Personnel, as the Deputy Commonwealth Equal Employment Officer, will be immediately informed by all department and activity heads of any incident of sexual harassment reported within their organization, or of any charges received from the Equal Employment Opportunity Commission (EEOC).

(7)        The Director of Personnel will ensure that all sexual harassment complaints receive swift and thorough investigations. Appropriate action will be taken in situations where the complaint is validated to correct the situation and appropriately discipline the harasser. Complaints determined to be deliberate false accusations will also be treated as potential disciplinary situations. Situations where the victim requests that no investigation be conducted or action taken must also be investigated and acted upon to avoid future liability and to effect consistent enforcement of the Commonwealths policy of non-tolerance for sexual harassment.

(8)        Complaints of sexual harassment should be filed immediately upon occurrence to facilitate a timely response and to minimize the time that an employee would be subjected to such treatment. However, per EEOC statutes complaints may be filed anytime within one-hundred and eighty days of an incidents occurrence.

(9)        Incidents of harassment due to an employee’s sexual orientation, while not covered by law as an Equal Employment Opportunity violation, are a violation of the Commonwealth’s policy of ensuring that every employee is provided with a work environment that is safe, non-threatening, and non-discriminatory. Incidents of this nature comprise misconduct and will be subject to disciplinary action.

(10)      The hiring of an employee with a known history of sexual harassment or misconduct could result is government liability for negligent hiring. No applicant for employment with such a history will be employed without a complete background investigation and the specific approval of the Director of Personnel.

(11)      Each employer is required to distribute this policy to every employee under his or her authority and to ensure that this policy is posted in an accessible location at all times.

(12)      All supervisors will be provided training on identifying and preventing sexual harassment in the workplace. They will also receive training on how to conduct a limited administrative investigation and the reporting procedures far* allegations of harassment.

 

* So in original.

 

(e)        Procedures

(1)        Any government official who is aware of an incident or situation involving sexual harassment must report it immediately to his or her Equal Employment Opportunity Coordinator, division director, department head/employer. The Commonwealth government has legal liability for any action where a government official subjects an employee to sexual harassment, or is aware that an employee subjects another employee to sexual harassment and fails to take corrective action.

(2)        Any employee who is personally subjected to sexual harassment, or is aware that other employees are being subjected to sexual harassment, should report the incident or situation immediately to his or her departmental Equal Employment Opportunity Coordinator, division director or department head/employer. If the employee does not feel comfortable bringing it to the attention of any of these parties, or the division director or department head/employer is somehow involved in the harassment, he or she should immediately contact the Commonwealth Equal Employment Coordinator at the Office of Personnel Management, or the Director of Personnel directly. The initial contact does not have to be in writing.

(3)        If the sexual harassment incident involves a physical assault, such as rape, attempted rape, assault, or other actions involving physical contact, either the employee or the official who becomes aware of the incident should report it immediately to the Department of Public Safety for immediate processing and investigation, Any physical evidence should not be disturbed until the arrival of the Department of Public Safety,

(4)        All incidents of alleged sexual harassment must be immediately reported to the Commonwealth Equal Employment Opportunity Coordinator at the Office of Personnel Management or directly to the Director of Personnel as soon as the employer, or other senior official in case of the employers unavailability, becomes aware of it, The complaining employee should be interviewed by the departmental Equal Employment Coordinator, legal counsel, division director, or the department head/employer to determine the basic facts of the allegation. The Director of Personnel or the Commonwealth Equal Employment Opportunity

Coordinator will then be consulted to determine if the investigation will be conducted at the departmental level or if an outside investigator will be appointed.

(5)        Due to the potential legal liabilities resulting from sexual harassment situations, the Director of Personnel will assume responsibility for the investigation and assign the investigating official (selected EEO official, manager, or legal counsel) or unit (Office of the Attorney General or Department of Public Safety).

(6)        All allegations of sexual harassment from employees or perceptions of sexual harassment from third parties or management staff will be reported to the Director of Personnel and will be investigated. Those situations where the victim requests that no investigation be conducted or action taken must also be investigated and acted upon to avoid future liability and to effect consistent enforcement of the Commonwealths policy of non-tolerance for sexual harassment.

(7)        The department(s) involved in the complaint and the official or unit appointed to conduct the investigation will cooperate fully with the Office of Personnel Management in the process of investigating, reporting, and resolving the complaint.

(8)        The department(s) involved in the complaint and the Office of Personnel Management will ensure that no retaliation is taken against the complainant or any witnesses by the alleged harasser or by any other employees.

(9)        In the process of investigating the complaint, the following guidance will be followed at all times:

(i)         All complaints will be taken seriously.

(ii)        Guilt should not be presumed on either party. The rights of both parties must be protected.

(iii)       Both parties should be afforded the opportunity to state their side.

(iv)       Confidentiality must be maintained at all times.

(10)      An administrative investigation will be completed as expeditiously as possible. The final report will be delivered to the Director of Personnel in the following format:

(i)         Summary of Incident

(ii)        Findings of Fact

(iii)       Discussion

(iv)       Conclusions

(v)        Recommendations

(11)      The Director of Personnel will review the investigative report to ensure that the facts support the conclusions and that the recommendations are reasonable and consistent with the Commonwealths disciplinary policy. The Office of the Attorney General will be consulted to ensure that the resolution is legally appropriate.

(12)      The Director of Personnel will forward the final report to the Department/employer with the Office of Personnel Managements recommendations for the resolution of the complaint.

(13)(i)  Depending upon the severity of the incident of sexual harassment, the resolution of the situation could involve the following administrative actions:

(A)       Conference/counseling

(B)       Oral or written warning

(C)       Letter of reprimand

(D)       Suspension

(E)       Demotion

(F)       Termination

(ii)        Any administrative actions are separate from and not contingent upon any civil or criminal court actions.

(14)      The employer will resolve the complaint/grievance based upon the investigation and the recommendation of the Office of Personnel Management. If the department head/employer disagrees with the recommended resolution, he or she must immediately meet with the Director of Personnel to resolve their differences. If both parties cannot reach agreement, the case will immediately be brought before the Governor for a final decision.

(15)      Either the complainant or the respondent may appeal the final resolution to the Director of Personnel, not later than fifteen days after receiving notice of the final resolution. If the complainant or the respondent are excepted service employees and are not gubernatorial or mayoral appointees, they may appeal the final resolution to the Director of Personnel, not later than fifteen days after receiving notice of the final resolution. Complainants or the respondents who are gubernatorial or mayoral appointees may formally request in writing for the employer to review the decision in their case, but final resolutions approved by the Governor or Mayors on cases involving their respective appointees are not subject to appeal.

(16)      The Director of Personnel will conduct a hearing on the appeal and make a final decision on the matter.

(17)      Incidents or situations of sexual discrimination that do not involve acts of harassment will be processed through the normal grievance procedure utilized for other Equal Employment Opportunity complaints.

 

(f)        Records and Reports

(1)        The Office of Personnel Management will maintain records of all allegations of sexual harassment to include copies of investigative reports.

(2)        Records of on-going investigations will be kept in a confidential file separate from the official personnel folder. Upon resolution of the complaint, appropriate records of the resolution or disciplinary action will be placed in the appropriate official personnel folder.

(3)        The Office of Personnel Management will report to the Governor annually in its annual personnel report on the number of sexual harassment cases and their resolution.

 

(g)        Responsibilities

(1)        All employees will be familiar with the Commonwealths Equal Employment Opportunity and Non-tolerance of Sexual Harassment Policies and will comply with these policies to create a safe, non-threatening, and non-discriminatory workplace.

(2)        All supervisors, managers, and directors will develop and maintain a work environment that is safe, non-threatening, and non-discriminatory. They will ensure that all employees know that sexual harassment will not be tolerated and will ensure that any incident of sexual harassment is reported as directed by this policy.

(3)        All Equal Employment Program counselors must be knowledgeable concerning equal employment opportunity laws, regulations and policies, both federal and Commonwealth, and will strive to remain up-to-date on current EEO trends and activities. They will make themselves readily available to listen to EEO-related complaints is* their department or activity and provide counseling and assistance to affected employees. They will coordinate with the department/activity EEO Coordinator.

 

* So in original.

 

(4)        All Department/Activity Equal Employment Coordinators must be knowledgeable concerning Equal Employment Opportunity laws, regulations, and policies, both federal and Commonwealth and will strive to remain up-to-date on current EEO trends and activities. The coordinators will provide EEO expertise and assistance to the depa1tment/activity EEO counselors and management staff. They will coordinate with the Commonwealth EEO Coordinator.

(5)        All department or activity heads, as activity Equal Employment Officers, will issue an Equal Employment Opportunity policy statement and establish a departmental Equal Employment Opportunity Program that includes a policy of non-tolerance of sexual harassment. They will hold their supervisors, managers, and directors accountable for developing and maintaining a work environment that is safe, nonthreatening, and nondiscriminatory. They will enforce the Commonwealths policy of non-tolerance of sexual harassment and take reasonable and consistent action in resolution of any sexual harassment situation.

(6)        The Director of Personnel, as the Deputy Equal Employment Officer for the Commonwealth, will ensure the development and maintenance of a viable Commonwealth wide Equal Employment Opportunity Program that includes training at all levels in prevention and resolution of sexual harassment situations. The Director of Personnel will initiate administrative investigations for all allegations of sexual harassment and will ensure their appropriate resolution in accordance with this policy and procedure.

(7)        The Governor, as the Equal Employment Officer for the Commonwealth, will establish and promote a policy of non-tolerance of sexual harassment in any form. The Governor will hold all Department and Activity Heads accountable for their active support of the Commonwealths Equal Employment Opportunity and non-tolerance of sexual harassment policies, and for their fulfillment of the responsibilities assigned in this policy and procedure.

 

(h)        Equal Employment Opportunity Commission

(1)        If an employee’s sexual harassment complaint is not acted upon to his or her satisfaction, the employee has the option of filing a complaint with the Equal Employment Opportunity Commission (EEOC). Complainants also have the option of filing their complaint directly with the EEOC. It should be noted that there is a statutory limitation of 180 days from the harassing/discriminatory incident during which the complaint may be filed.

The EEOC in Hawaii is located at:

300 Ala Moana Blvd.

Room 7 1 23A

Box 50082

Honolulu, Hawaii, 96850

(808) 541-3120

The EEOC in San Francisco, California, is located at:

901 Market Street

Suite 500

San Francisco, California, 94103

(415) 356-5100

(2)        Although the Commonwealth government would like to resolve all complaints through its administrative processes, employees will not be subjected to any retaliatory actions for filing a complaint with the Equal Employment Opportunity Commission.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

Commission Comment: The original paragraphs of subsection (e)(10) were undesignated. The Commission designated them as subsections (e)(10)(i) through (e)(10)(v) pursuant to 1 CMC § 3806(a). The Commission corrected the capitalization of the words “division director” in subsections (d)(5), (e)(1), (e)(2), and (e)(4), and “department head” in subsections (d)(5), (e)(1), (e)(2), (e)(4), and (e)(14) pursuant to 1 CMC § 3806(f). The Commission inserted commas after the words “investigating” in subsection (b), “favors” in subsection (c)(1), “hostility” in subsection (c)(1)(iii), “co-worker” in subsection (c)(3)(iii)(B), “co-workers” in subsection (d)(2), “department” and “activity heads” in subsection (d)(6), “non-threatening” in subsection (d)(9), “assault” in subsection (e)(3), “manager” in subsection (e)(5), “reporting” in subsection (e)(7), “non-threatening” in subsection (g)(1), “managers” in subsection (g)(2), “non-threatening” in subsection (g)(2), “regulations” in subsection (g)(4), and “managers” and “nonthreatening” in subsection (g)(5) pursuant to 1 CMC § 3806(g).

 

§ 10-10-320     Anti-Bullying Policy

 

(a)        The Commonwealth is committed to providing all employees a healthy and safe work environment. It is the policy of the government that workplace bullying will not be tolerated. All agencies shall maintain every workplace free from bullying. This policy shall apply to all excepted service employees, regardless of his or her employment status.

 

(b)        Bullying is defined as persistent, malicious, unwelcome, severe, and pervasive mistreatment that harms, intimidates, offends, degrades, or humiliates an employee, whether verbal, physical, or otherwise, at the place of work and/or in the course of employment.

(1)        The following types of behavior have been interpreted to constitute workplace bullying. This list is not meant to be exhaustive and is only offered by way of example:

(i)         Staring, glaring, or other nonverbal demonstrations of hostility;

(ii)        Exclusion or social isolation;

(iii)       Excessive monitoring or micro-managing;

(iv)       Work-related harassment (work-overload, unrealistic deadlines, meaningless tasks);

(v)        Being held to a different standard than the rest of an employee’s work group;

(vi)       Consistent ignoring or interrupting of an employee in front of co-workers;

(vii)      Personal attacks (angry outbursts, excessive profanity, or name-calling);

(viii)     Encouragement of others to turn against the targeted employee;

(ix)       Sabotage of an employee’s work product or undermining of an employee’s work performance;

(x)        Stalking;

(xi)       Repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets;

(xii)      Conduct that a reasonable person would find hostile, offensive, and unrelated to the employer’s legitimate business interests.

(2)        Workplace bullying must be addressed and corrected at its earliest stage before it becomes severe or pervasive.

 

(c)        Any employee who feels that he or she has been bullied should immediately report such incidents to a supervisor at any level without fear of reprisal.

 

(d)       An employer who receives a claim of bullying in violation of this policy shall take such complaint seriously and immediately advise the Director of Personnel or the Commonwealth Equal Employment Opportunity (EEO) Coordinator of the situation. The employer, with the assistance of the EEO Coordinator, will ensure that it is investigated promptly, privately, and with as much confidentiality as possible, consistent with the need to determine the facts. The investigation will be documented by an investigative report that will be retained in a confidential file by the EEO Coordinator. Any person accused of a violation shall be allowed the opportunity to rebut the charges.

 

(e)        After determining the facts through the investigation, the employer shall take corrective action as required by the circumstances. This may include counseling any employee, whether or not a violation has occurred; imposing an appropriate sanction, including disciplinary action; making sure that this policy is reiterated to all employees or any group. An employer, or any supervisory staff, who does not take appropriate action also violates this policy and exposes the Commonwealth government to liability.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

Commission Comment: The Commission inserted commas after the words “severe,” “degrades,” and “physical” in subsection (b), “glaring” in subsection (b)(1)(i), and “insults” in subsection (b)(1)(xi) pursuant to 1 CMC § 3806(g).

 

§ 10-10-325     Alcohol and Drug Free Workplace Policy

 

(a)        Policy

As an employer, the government recognizes it has a responsibility to its employees and the public it serves to take reasonable steps to assure safety in the workplace and in the community. Furthermore, the government is concerned about the adverse effect alcohol and drug abuse has on safe and productive job performance. It also recognizes that any employee, who’s* ability to perform safely and productively is affected by the use of alcohol and other drugs, jeopardizes the integrity of the workplace and the achievement of the government’s mission. The government realizes that alcoholism, problem drinking, and drug addiction are treatable illnesses. The government, therefore, encourages employees who have problems with drugs or alcohol to utilize all available resources to resolve their problems before those problems affect their job performance.

 

* So in original.

 

(b)        Definitions

For the purposes of this section, the following definitions apply:

(1)        “Accident.” An event which causes

(i)         A fatality,

(ii)        An injury to a person requiring professional medical treatment beyond simple at-scene first aid, or

(iii)       An economic loss, including property damage, greater than $2,500.00.

(2)        “Assessment.” A determination of the severity of an individual’s alcohol or drug use problem and an analysis of the possible courses of treatment, made by an expert in the field of substances abuse.

(3)        “Breath Alcohol Concentration” (“B.A.C.”). The alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath testing device (E.B.T.).

(4)        “Breath Alcohol Technician” (“B.A.T.”). An individual authorized to collect breath specimens under subsection (g)(2) and who operates an E.B.T.

(5)        “Consulting Physician.” A licensed physician retained or employed by the government to advise on drug testing.

(6)        “Drug.” A substance

(i)         Recognized in the official United States Pharmacopoeia, the official Homeopathic Pharmacopoeia of the United States, or the official National Formulary, or any supplement to any of them; or

(ii)        Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; or

(iii)       Other than food, minerals, or vitamins, intended to affect the structure or any function of the body of a human or other animal; or

(iv)       Intended for use as a component of any m1icle specified in subsection (b)(6)(i), (ii), or (iii) above.

Devices or their components, parts, or accessories are not considered drugs under this definition.

(7)        “Evidential Breath Testing Device” (“E.B.T.”). A device which is

(i)         Approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath; and

(ii)        Is on the NHTSAs Conforming Products List of E.B.T.s; and

(iii)       Conforms with the model specifications available from the NHTSA, Office of Alcohol and State Programs.

(8)        “Illegal Drug.” A drug that

(i)         Is not obtained legally; or

(ii)        Is knowingly used for other than the prescribed purpose or in other than the prescribed manner; or

(iii)       Is a designer drug or drug substance not approved for medical or other use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration.

(9)        “Invalid Test.” A breath or urine test that has been declared invalid by a Medical Review Officer (M.R.O.), including a specimen that is rejected for testing by a laboratory for any reason. An invalid test shall not be considered either a positive or a negative test result.

(10)      “Medical File.” The file containing an employee’s medical examination form, mental health referrals, alcohol and drug test results, and other health related documents, maintained by the Office of Personnel Management separate from an employee's official personnel folder.

(11)      “Medical Review Officer” (“M.R.O.”). A licensed physician, appointed by the government, with specialized training in substance abuse disorders and in the use and evaluation of drug test results. The M.R.O. shall be the only person authorized to receive laboratory drug test results and shall be the primary contact for technical inquiries to the drug testing laboratory.

(12)      “Reasonable Suspicion.” A perception based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of an individual or on specific facts, circumstances, physical evidence, physical signs and symptoms, or on a pattern of performance or behavior that would cause a trained supervisor to reasonably conclude that the individual may be under the influence of alcohol or illegal drugs while on duty.

(13)      “Safety-sensitive.” A word describing activities which directly affect the safety of one or more persons, including the operation of motor vehicles or heavy machinery or the carrying of firearms. Each department, entity, or organization head, in conjunction with the Director of Personnel Management, shall identify all positions to be considered safety-sensitive positions due to the amount of time the employee spends performing safety sensitive functions.

(14)      “Statement of Fitness for Duty.” A written statement from a substance abuse professional (S.A.P.), certifying that the named employee is not dependent on alcohol or any drug to the extent such dependence will affect safe and productive work.

(15)      “Substance Abuse Professional” (“S.A.P.”). A physician, psychologist, psychiatrist, or social worker with knowledge of and clinical experience in the diagnosis and treatment of drug and alcohol related disorders; or a counselor certified by the National Association of Alcoholism and Drug Abuse Counselors.

(16)      “Under the Influence.” A condition where a person’s behavior, attention, or ability to perform work in the usual careful fashion has been adversely affected by the use of alcohol or drugs; intoxicated.

(17)      “Vehicle.” A device in, upon, or by which any person or property is or may be propelled or moved on a highway, on a waterway, or through the air.

 

(c)        Prohibited Conduct

(1)        Sale, Purchase, Possession with Intent to Deliver, or Transfer of Illegal Drugs. No employee shall

(i)         Sell, purchase, or transfer;

(ii)        Attempt to sell, purchaser* or transfer; or

 

* So in original.

 

(iii)       Possess with the intent to deliver, any illegal drug while on government property, in any government vehicle or on any government business. It is a defense to this provision that the employee is employed by a law enforcement agency and the conduct occurs as part of the employees assigned duties for the purpose of investigating illegal drug trafficking.

(2)        Possession of Illegal Drugs. No employee shall possess any illegal drug on government properly, in any government vehicle, or while on government business. It is a defense to this provision that the employee is employed by a law enforcement agency and the conduct occurs as pmt of the employees assigned duties for the purpose of investigating illegal drug tracking.

(3)        Possession of Open Containers of Alcohol. No employee shall possess an open container of alcohol in any vehicle while on duty or in any government vehicle at any time. No employee shall possess an open container of alcohol while at his or her workplace.

(4)        Under the Influence of Alcohol or Illegal Drugs. No employee shall be under the influence of alcohol or any illegal drug when at work, or reporting to work with the intention of working. As used in this subsection, alcohol includes any alcohol found in any prescription or non-prescription drug such as cough syrup. An employee is presumed to be under the influence of alcohol or an illegal drug if

(i)         The employee has a B.A.C. of 0.02 or more;

(ii)        The employee has a detectable amount of any illegal drug in his or her urine;

(iii)       The employee uses alcohol or any illegal drug while on call when the employee knows he or she may be called upon to perform safety-sensitive functions;

(iv)       The employee uses alcohol or any illegal drug within four hours prior to reporting to work and expects to perform a safety-sensitive duty.

(5)        Refusal to Be Tested. No employee required to be tested for drugs or alcohol under any provision of this section shall refuse to be tested. The following conduct shall be considered a refusal to be tested:

(i)         Refusing in writing to submit to testing after receiving clear and specific written notice of the requirement to be tested;

(ii)        Refusing verbally, in front of at least two witnesses, to submit to testing after receiving clear and specific written notice of the requirement to be tested;

(iii)       Failing to timely provide an adequate specimen for testing, without a valid medical explanation, after receiving clear and specific written notice of the requirement to be tested. An M.R.O. or consulting physician shall determine if there is any medical reason for failure to provide an adequate urine sample (shy bladder) or an adequate breath sample (shy lung);

(iv)       Engaging in conduct that clearly obstructs the specimen collection process;

(v)        Failing to remain available for post-accident testing, or leaving the scene of an accident before a testing decision is made. An employee may leave the scene of an accident only to obtain necessary medical care or assistance in responding to the accident. If the employee leaves the scenes the employee must notify his or her supervisor as soon as possible of his or her location and reason for leaving the scene;

(vi)       Consuming alcohol or illegal drugs after an accident and before a testing decision is made;

(vii)      Failing to report, during the work shift in which an accident occurred, an accident which could have resulted in a testing decision; and

(viii)     Failing to report to the specimen collection site timely after being informed of the requirement to be tested.

(6)        Giving False Information. No employee shall give false information about a urine specimen or attempt to contaminate or alter the specimen.

(7)        Refusal to Comply with Treatment Recommendations. No employee shall fail to comply with recommendations for treatment or after-care made by an M.R.O. or S.A.P. as a consequence of a prior positive drag* or alcohol test result.

 

* So in original.

 

(8)        Failure to Notify Government of Conviction. No employee shall fail to notify the Director of Personnel Management of any criminal drug statute conviction, within five days of such conviction, if the violation of the criminal drug statute occurred while the employee was conducting Commonwealth business, or while on or using Commonwealth property.

(9)        Supervisors Responsibility for Confidentiality. No employer shall knowingly disregard an employee’s right to confidentiality in matters relating to alcohol or drug testing or otherwise neglect his or her responsibilities under this section.

 

(d)       Penalties and Consequences

(1)        Disciplinary Action. An employee committing any act prohibited by subsection (c) shall be subject to an appropriate form of discipline, depending on the circumstances.

(i)         Generally. Where an employee commits an act prohibited by subsection (c) without valid reason, the employee shall be disciplined up to and including removal. At a minimum, the employee shall receive a formal reprimand. If the prohibited act committed by the employee relates to the use or possession of alcohol or illegal drugs, the employee shall be referred to an S.A.P. for assessment and treatment.

(ii)        First offense, under the influence. An employee found to be under the influence; of alcohol or illegal drugs in violation of subsection (c)(4), for a first offense, shall not be subject to removal solely for being under the influence of alcohol or illegal drugs. However, if the person is also involved in an accident depending on the circumstances, the employer may decide to initiate a disciplinary action for removal, even on a first offense.

(iii)       Serious offenses. The following acts, even for a first offense, will result in an immediate disciplinary action for removal:

(A)       The sale, purchase, possession with intent to deliver, or transfer of illegal drugs, or the attempt to sell, purchase, or transfer illegal drugs in violation of subsection (c)(1);

(B)       Being involved in an accident resulting in a fatality while under the influence of alcohol or illegal drugs, in violation of subsection (c)(4);

(C)       While performing and about to perform duties in a safety sensitive position, being under the influence of alcohol or illegal drugs, in violation of subsection (c)(4);

(D)       An unexcused refusal to be tested, in violation of subsection (c)(5);

(E)       Giving false information, contaminating, or attempting to contaminate a urine sample, in violation of subsection (c)(6);

(F)       Failing to notify the proper authority of conviction for a drug offense in violation of subsection (c)(8);

(G)       Testing positive for alcohol or illegal drugs within five years of a prior positive test; and

(H)       Breaching any term of a return to duty contract executed under the provisions of subsection (e)(2).

(2)        Information Concerning Treatment Options. Those employees not removed from government service after committing any act prohibited by subsection (c) shall be informed of resources available for evaluating and resolving problems associated with the use of alcohol and illegal drugs. At a minimum, the Office of Personnel Managements Alcohol and Drug Free Workplace Coordinator shall give the names addresses, and telephone numbers of local S.A.P.s and substance abuse counseling or treatment programs. The employees will then be required to fulfill all the specified steps of treatment before being considered ready for return to duty.

(3)        Report to Department of Public Safety. An employee committing any act prohibited by subsection (c)(1) or (c)(2) shall be reported, by the employer, to the Department of Public Safety for the purpose of possible criminal prosecution.

(4)        Duty/Pay Status Pending Disciplinary Action. Unless the employee was involved in an accident resulting in a fatality, an employee subject to a disciplinary action for committing any act prohibited by subsection (c), except for subsection (c)(7), shall be allowed to remain on the job pending resolution of any proposed disciplinary action but shall not be allowed to perform a safety-sensitive function, even if that means assigning the employee duties the employee would not otherwise be performing. An employee subject to a disciplinary action for committing any act prohibited by subsection (c) who was involved in a fatal accident shall be placed on leave without pay pending resolution of the disciplinary action for removal.

 

(e)        Return to Work Procedures

(1)        Prerequisites to Returning to Duty. No employee who has tested positive for the presence of alcohol or illegal drugs shall be allowed to return to work until the employee has:

(i)         Complied with treatment recommendations of an M.R.O. or S.A.P. and been released for work by an S.A.P. in consultation, when appropriate, with the M.R.O. or a consulting physician;

(ii)        Tested negative in a subsequent test paid for by the employee for the presence of alcohol, if the removal from duty was due to alcohol use; or cocaine, marijuana, opiates, amphetamines, and phencyclidine, if the removal from duty was due to drug use; and

(iii)       Agreed to execute a return to duty contract.

(2)        Return to Duty Contract. The return to duty contract shall include the following provisions:

(i)         Aftercare. An agreement to comply with aftercare and follow up treatment recommendations for one to five years, as determined appropriate by the employees S.A.P.;

(ii)        Follow-up testing. An agreement to unannounced alcohol or drug testing, depending on the substance which resulted in the removal from duty, paid for by the employee, for one to five years, as determined appropriate by the employees S.A.P., but there shall be no fewer than six tests in the first year after the employee returns to work;

(iii)       Compliance with rules. An agreement to comply with government rules, policies, and procedures relating to employment;

(iv)       Term. An agreement that the terms of the contract are effective for five years after the employees return to duty; and

(v)        Breach of contract. An agreement that violation of the return to duty contract is grounds for termination.

 

(f)        Testing Occasions

(1)        Pre-employment Testing. At the time of application, persons applying for any position within the excepted service will be notified that any offer of employment is contingent upon a negative urine test. After receiving an offer of employment, the candidate shall be tested for the presence of cocaine, marijuana, opiates, amphetamines, and phencyclidine in the urine. The test shall be paid for by the candidate. Testing shall be in compliance with subsection (h), below. Applicants who were previously employed by the government and applicants who have had an offer for government employment withdrawn due to a previous positive urine test result, must also provide a written release of drug testing history for the two years immediately preceding the application date.

(i)         No new excepted service candidate may be assigned to work in any position until he or she presents the results of a urine test, taken after the offer for employment has been made, that shows negative for the presence of cocaine, marijuana, opiates, amphetamines, and phencyclidine.

(ii)        If the candidates test result is positive for the presence of a tested drug, without a legitimate explanation, the offer of employment will be withdrawn.

(iii)       If the candidate presents a drug testing history showing a positive drug test within two years prior to the application date, the offer of employment will be withdrawn unless the candidate submits a statement of fitness for duty and agrees to execute an agreement similar to a return to duty contract described in subsection (e)(2).

(2)        Reasonable Suspicion Testing. Where there is a reasonable suspicion that an employee is under the influence of alcohol or drugs while at work or about to begin work, he or she shall submit to a breath or urine test for the presence of alcohol, cocaine, marijuana, opiates, amphetamines, and phencyclidine, upon written notice from the employee's supervisor. Except as otherwise provided, the government shall pay for the testing.

(i)         Properly trained supervisor. Only a supervisor with government-approved training in the physical, behavioral, and performance indicators of probable drug and alcohol use is permitted to make reasonable suspicion testing decisions.

(ii)        Objective inquiry. The properly trained supervisor will observe the employee suspected of being under the influence of alcohol or illegal drugs. A decision to request testing shall be based on eye witness reports, facts of the event, and observed physical and behavioral characteristics of the employee. Prior to making the decision to require testing, the supervisor will question the employee in a private area to ascertain whether there are any reasons other than alcohol or drug use for any behavior observed.

(iii)       Verification. No employee shall be required to submit to a drug or alcohol test based on reasonable suspicion unless the need for the test is verified by a second properly trained government employee. The regained verification shall be done in person.

(iv)       Transportation assistance. The employee shall be accompanied to the collection site by a supervisor or manager, and shall be provided transportation home from the collection site. If the individual refuses and demands to drive his/her vehicle, the supervisor or manager shall notify the Department of Public Safety.

(v)        Duty pending test results. Until the results of the drug and alcohol test are complete and verified, no employee tested based upon reasonable suspicion shall be allowed to perform or continue to perform a safety-sensitive duty.

(vi)       Report. The supervisor ordering reasonable suspicion testing shall put in writing, in detail, the facts leading to the decision. This report shall be considered confidential and will be maintained in the employee’s medical file, which is confidential, until needed for a disciplinary action. Only at that time will the report be filed in the employee’s official personnel folder.

(3)        Post-accident Testing. As soon as practical after an accident any employee whose action or inaction may have contributed to the accident must submit to breath and urine tests for the presence of alcohol, cocaine, marijuana, opiates, amphetamines, phencyclidine, upon written notice from the employees supervisor. Except as otherwise provided, the government shall pay for the testing.

(i)         Supervisor training. Only a supervisor with government-approved training in the physical, behavioral, and performance indicators of probable drug and alcohol use is permitted to make post-accident testing decisions.

(ii)        Objective inquiry. A supervisor’s decision to request testing shall be based on eye witness reports, facts of the event, and observed physical and behavioral characteristics of the employee. Specifically, the properly trained supervisor shall require the driver of any government vehicle or the operator of any government equipment involved in the accident to be tested.

(iii)       Transportation assistance. The employee shall be accompanied to the collection site by a supervisor or manager, and shall be provided transportation home from the collection site. If the individual refuses and demands to drive his/her vehicle, the supervisor or manager shall notify the Department of Public Safety.

(iv)       Duty pending test results. Until the results of the drug and alcohol test are complete and verified, no employee reasonably suspected of having been under the influence of alcohol or drugs at the time of the accident shall be allowed to perform or continue to perform a safety-sensitive duty.

(v)        Report. The supervisor ordering post-accident testing shall put in writing, in detail, the facts leading to the decision. This report shall be considered confidential and will be maintained in the employee’s medical file, which is confidential, until needed for a disciplinary action. Only at that time will the report be filed in the employee’s official personnel folder.

(4)        Random Testing. During each calendar year randomly selected employees performing safety-sensitive functions will be required to submit to breath tests for alcohol and urine tests for cocaine, marijuana, opiates, amphetamines, and phencyclidine. The testing will be done during on-duty time. Except as otherwise provided, the government shall pay for the testing.

(i)         Method of selection. Employees will be selected by a statistically valid method such as a random number table or computer-based random number generator that is matched with employee Social Security numbers, payroll identification numbers, or other comparable identifying numbers.

(ii)        Number to be tested. No more than twenty-five percent of all employees performing safety-sensitive functions in each department or agency each year shall be required to submit to breath alcohol testing and no more than fifty percent shall be required to submit to urine testing. The actual percentage will be determined at the beginning of each fiscal year for each department or agency by the Office of Personnel Managements Alcohol and Drug Free Workplace Coordinator, in consultation with the employer and the M.R.O. after reviewing the departments or agency’s prior positive testing rates, reasonable suspicion and post accident events, and referrals for service.

 

(g)        Collecting and Testing Breath Specimens

(1)        Collection Site. Breath specimens shall be collected only at a site approved by the Director of Personnel Management or at the scene of an accident if proper equipment and personnel can be made immediately available.

(2)        Collection Protocol. Breath specimens shall be collected only by a B.A.T. trained in the collection of breath specimens at a course approved by the United States Department of Transportation in accordance with standard collection protocols as specified in 49 CFR, Part 40(C) Procedures for Transportation Workplace Drug Testing Programs - Alcohol Testing, except as otherwise provided in this section. However, the M.R.O. or a consulting physician, when requested, may assist in facilitating the collection for post-accident testing.

(3)        Confirming Test. Breath specimens shall first be subjected to a screening test for alcohol. If that test indicates a probable breath alcohol concentration of 0.02 or greater, a second test confirming the first and providing quantitative data of alcohol concentration, shall be performed. No alcohol test shall be considered positive unless both the screening test and the confirming test show a B.A.C. of 0.02 or greater.

(4)        Results. The breath test results shall be transmitted by the B.A.T., in a manner to assure confidentiality, to the employee, to the employee’s employer, and to the Director of Personnel Management.

(5)        Confidentiality. Other than as specified above, no person involved in the testing process shall release the results of breath tests to any other individual without a written release from the tested employee.

(6)        Invalid Test. If the Director of Personnel Management determines the test is invalid, using the factors found at 49 CPR, Part 40.79, the test result shall be reported as negative.

(7)        Statistical Reporting. The B.A.T. shall compile statistical data that is not name specific, related to testing results. The B.A.T. shall release the statistical data to the Director of Personnel Management upon request.

 

(h)        Collecting and Testing Urine Specimens

(1)        Collection Site. Urine specimens shall be collected only at a site approved by an appropriate government agency, and identified by the Director of Personnel Management.

(2)        Collection Protocol. Urine specimens shall be collected by persons trained in the collection process developed by the Substance Abuse and Mental Health Service Administration, United States Department of Health and Human Services, in accordance with standard collection protocols as specified in 49 CFR, Part 40(8), Procedures for Transportation Workplace Drug Testing Programs - Drug Testing, except as otherwise provided in this section. However, the M.R.O. or a consulting physician, when requested, may assist in facilitating the collection for post-accident testing.

(3)        Splitting Sample.

(i)         After collecting a sample of the employees urine, the sample will be split into two specimens. Both specimens will be shipped to the laboratory selected for performing tests for the government.

(ii)        One specimen, called the primary specimen, shall be tested for the government. The other specimen, called the secondary specimen, shall be the property of the employee, to be tested only upon request of the employee.

(4)        Confirming Test. Primary urine specimens shall first be subjected to a screening test. Only if the screening test shows positive for the presence of a prohibited drug, will a second test be conducted on the same urine specimen to identify the presence of a specific drug or metabolite, using a gas chromatography/mass spectrometry (GC/MS) test. No drug test shall be considered positive unless both the screening test and the confirming test show the presence of one or more of the drugs tested for.

(5)        Results. The laboratory conducting the urine test shall give the results only to the M.R.O. The M.R.O. shall discuss the test result with the tested individual.

(6)        Invalid Test. If the M .R.O. decides that the test is invalid, the candidate shall immediately submit another urine specimen for testing.

(7)        Employee Test. If the governments test shows positive for the presence of a specific drug or drugs, the employee may request that the M.R.O. have the secondary specimen tested at another laboratory certified by the United States Department of Health and Human Services, for the presence of the drug or drugs found in the primary specimen.

(i)         The employee must make the request in writing, within 72 hours of receiving notice of the result of the governments test.

(ii)        The results of the second test shall be given to the M.R.O. who shall discuss the result with the employee.

(iii)       The employee shall pay for the cost of the second test.

(8)        Alternative Explanations for Positive Test Results.

(i)         Upon receiving a report of a positive test results the M.R.O. shall determine if there is any alternative medical explanation for the results including the use of prescribed medication by the employee. Such a determination shall be based on information received from the employee such as the tested individuals medical history and records. If the M.R.O. determines it to be necessary he or she may request pertinent analytical records from the laboratory or require a re-analysis of the specimen.

(ii)        The M.R.O. shall report the urine test result as negative and shall take no further action if he or she determines:

(A)       There is a legitimate medical explanation for a positive test result, other than the use of the specific drug; or

(B)       Based on a review of laboratory inspection reports, quality assurance and quality control data, and other drug test results, the positive drug test result is scientifically insufficient for further action.

(9)        Illegal Use of Opium. If the GC/MS does not confirm the presence of 6-monoacetylmorphine; the M.R.O. shall determine whether there is clinical evidence, in addition to the urine test result, of illegal use of any opium, opiate, or opium derivative.

(10)      Report to Government. The M.R.O. shall report all positive and negative urine drug test results, in a manner to assure confidentiality, to the employee’s employer, and to the Director of Personnel Management.

(11)      M.R.O. and Confidentiality. Other than as specified above, the M.R.O. shall not release the results of drug tests to any other individual without a written release from the tested employee.

(12)      Statistical Reporting. The M.R.O. shall compile statistical data that is not name specific, related to testing and rehabilitation. The M.R.O. shall release the statistical data to the Director of Personnel Management upon request.

 

(i)         Employee Awareness and Rehabilitation

(1)        Employee Awareness Training. All employees shall receive information concerning the effects and consequences of drug and alcohol use on personal health, safety, and the work environment; the manifestations and behavioral clues indicative of drug and alcohol use; and the resources available to the employee in evaluating and resolving problems associated with the use of illegal and legal drugs and alcohol.

(2)        Employees Seeking Voluntary Assistance. Government employees shall be allowed to voluntarily seek assistance for alcohol or drug use at any time prior to being required to be tested under the reasonable suspicion, post-accident, or random testing procedures.

(i)         Referrals. Employees may request referral to an S.A.P. for treatment, may refer themselves, or may be referred by a supervisor as part of a performance counseling. Such referrals shall only be made a part of the employee’s medical file and shall not be a part of the employees official personnel folder. Referrals shall be kept confidential.

(ii)        Voluntary referrals. Employees who voluntarily seek assistance in dealing with drug and alcohol problems or accept referrals, before job performance is compromised, shall be provided the same leave benefits for recommended treatment as provided for any other health problem.

(iii)       Accountability for job performance. Regardless of participation in or requests for referrals, employees shall be held accountable for acceptable job performance. In no case where job performance has been compromised will disciplinary action be waived for employees asking for assistance and referral. However, such requests may be considered a mitigating factor in determining the appropriate form of discipline.

(3)        Job Security Maintained. Employees shall not have job security or promotional opportunities jeopardized solely because of a request for a drug or alcohol treatment referral.

(4)        Required Documentation. Although voluntary referrals or referrals made prior to testing are kept strictly confidential, documentation of poor performance or disciplinary actions taken due to drug or alcohol abuse shall be included in the employee’s official personnel folder.

 

(j)         Disseminating Information on Regulations

(1)        Distribution to Employees. All current employees shall receive a copy of the regulations in this section at least thirty days before the implementation date. New employees hired after the effective date of this policy will be given a copy of the policy in this section at the time of hire. Each employee shall sign a form prescribed by the Director of Personnel Management which acknowledges the receipt of the policy and the employees understanding that he or she is bound by this policy. This acknowledgment shall be kept in the employee’s official personnel folder.

(2)        Posting. The regulations in this section will be posted in all government workplaces for at least sixty days following their implementation.

 

(k)        Record Retention and Reporting Requirements

(1)        Administrative Records. Records relating to the administration of the policy in this section, including policy and program development, employee awareness training, supervisory training, collection site training, program administration, and calibration documentation, shall be kept by the Director of Personnel Management and the M.R.O. for five years.

(2)        Records Relating to Collection Process. Records relating to the breath and urine collection process shall be kept by the Director of Personnel Management, the M.R.O., and the specimen collector at the collection site for two years.

(3)        Refusals, Referrals, and Test Results. The Director of Personnel Management shall keep a copy of all records of refusals to be tested, breath and urine test results, and referrals to an S.A.P. in the employees medical file, not the employees official personnel folder, at least until such time as disciplinary action is taken. The M.R.O. shall keep a copy of all urine test results and the B.A.T. shall keep a copy of all breath test results in a manner to assure confidentiality. No test results shall be available for use in a criminal prosecution of the employee without the employees consent.

(i)         Positive test result records, records of refusals to be tested, and referrals to an S.A.P. shall be kept for five years.

(ii)        Negative test resent records shall be kept for a period of one year.

(4)        Report to Federal Contract Agency. To comply with the Drug Free Workplace Act of 1988, 41 U.S.C. 701(a)(1)(E), the Director of Personnel Management shall notify the federal contracting agency of the conviction of any employee for selling, manufacturing, or dispensing any illegal drug on government business property or government time, within 10 days of the conviction.

 

History: Adopted 35 Com. Reg. 34136 (Aug. 28, 2013); Proposed 35 Com. Reg. 33669 (June 28, 2013).

 

Commission Comment: The Commission inserted quotation marks around terms defined. The Commission corrected the capitalization of the words “Social Security” in subsection (f)(4)(i) pursuant to 1 CMC § 3806(f). The Commission inserted commas after the words “drinking” in subsection (A), “treatment” in subsection (b)(6)(i), “results” in subsection (b)(10), “entity” in subsection (b)(13), “upon” in subsection (b)(17), “purchase” in subsection (d)(1)(iii)(A), “contamination” in subsection (d)(1)(iii)(E), “event” in subsection (f)(2)(ii), “opiate” in subsection (h)(9), “post-accident” in subsection (i)(2), “referrals” in subsection (k)(3), “tested” in subsection (k)(3)(i), and “manufacturing” in subsection (k)(4) pursuant to 1 CMC § 3806(g).

 


 

CHAPTER 10-20

EXECUTIVE BRANCH

 

SUBCHAPTER 10-20.1

CIVIL SERVICE SYSTEM CLASSIFICATION AND COMPENSATION MANUAL

 


Part 001          General Provisions

§ 10-20.1-001  Introduction

§ 10-20.1-005  Legal Basis

§ 10-20.1-010  Overall Policy

 

Part 100          Specific Policies, Procedures, Practices, and Guidelines

§ 10-20.1-101  Introduction

§ 10-20.1-105  Position

 

Part 200          Position Description

§ 10-20.1-201  Definition

§ 10-20.1-205  Preparation of Position Descriptions

§ 10-20.1-210  Standard of Adequacy and Content of Position Description

§ 10-20.1-215  Currency of Position Descriptions

§ 10-20.1-220  Re-description of Positions

§ 10-20.1-225  Certification

 

Part 300          Class of Positions and Series of Classes

§ 10-20.1-301  Definitions

§ 10-20.1-305  Standards for Determining Classes and Series

§ 10-20.1-310  Class and Series Titles

 

Part 400          Class Specification

§ 10-20.1-401  Definition

§ 10-20.1-405  Purpose

§ 10-20.1-410  Content of Class Specifications

§ 10-20.1-415  Development of Class Specifications

§ 10-20.1-420  Form of Class Specifications

§ 10-20.1-425  Interpretation of Class Specifications

 

Part 500          Position Classification Plan

§ 10-20.1-501  Definition

§ 10-20.1-505  Content

§ 10-20.1-510  Purpose

§ 10-20.1-515  Arrangement of Classes

 

Part 600          Allocation and Reallocation of Positions

§ 10-20.1-601  Definition

§ 10-20.1-605  Basis for Action

§ 10-20.1-610  Effective Date

 

Part 700          Compensation Plan

§ 10-20.1-701  Definition

§ 10-20.1-705  Basic Compensation Policy

§ 10-20.1-710  Purpose of the Compensation Plan

§ 10-20.1-715  Evaluation Criteria

§ 10-20.1-720  Guidelines for the Arrangement of Classes

§ 10-20.1-725  Methodology for the Evaluation of Classes

 

Part 800          Reallocation Procedures

§ 10-20.1-801  Reallocation Request

§ 10-20.1-805  Before the Interview

§ 10-20.1-810  Interview

§ 10-20.1-815  After the Interview

 

Part 900          Guidelines for the Position Audit

§ 10-20.1-901  The Position Audit

§ 10-20.1-905  Prior to Desk Audit

§ 10-20.1-910  During the Desk Audit

 

Part 1000        Steps in Position Analysis

§ 10-20.1-1001            Step One

§ 10-20.1-1005            Step Two

§ 10-20.1-1010            Step Three

§ 10-20.1-1015            Step Four

§ 10-20.1-1020            Step Five

 

Part 1100        Developmental Guide

§ 10-20.1-1101            Applicability

§ 10-20.1-1105            Developmental Guide

§ 10-20.1-1110            Introduction

§ 10-20.1-1115            Guide Application

 

Part 1200        Guide for Describing the Assigned Duties and Responsibilities of a Position

§ 10-20.1-1201            Position Description; General

§ 10-20.1-1205            Introduction

§ 10-20.1-1210            Major Duties and Responsibilities

§ 10-20.1-1215            Control Over the Position

§ 10-20.1-1220            Qualification Requirements of the Work

 

Part 1300        Guidelines for Designating Work to Be Professional

§ 10-20.1-1301            Basic Definition

§ 10-20.1-1305            General Work Characteristics

§ 10-20.1-1310            Worker Functions and Traits

 

Part 1400        Guidelines for Designating Work to Be Technical

§ 10-20.1-1401            Basic Definition

§ 10-20.1-1405            General Work Characteristics

§ 10-20.1-1410            Worker Functions and Traits

 

Part 1500        Guidelines for Designating Work to Be Clerical

§ 10-20.1-1501            Basic Definition

§ 10-20.1-1505            General Work Characteristics

§ 10-20.1-1510            Worker Functions and Traits

 

Part 1600        Guidelines for Designating Work to Be Blue Collar

§ 10-20.1-1601            Basic Definition

§ 10-20.1-1605            General Work Characteristics

§ 10-20.1-1610            Worker Functions and Traits

 

Part 1700        Evaluation Factors

§ 10-20.1-1701            Introduction

§ 10-20.1-1705            Nature and Variety of Work

§ 10-20.1-1710            Nature of Supervisory Control Exercised Over the Work

§ 10-20.1-1715            Nature of Available Guidelines for Performance of Work

§ 10-20.1-1720            Originality Required

§ 10-20.1-1725            Purpose and Nature of Person-to-Person Work Relationships

§ 10-20.1-1730            Nature and Scope of Recommendations, Decisions, Commitments and Conclusions

§ 10-20.1-1735            Nature and Extent of Supervisory Control Over the Work of Other Employees

§ 10-20.1-1740            Knowledge and Abilities Required


 

Subchapter Authority: 1 CMC §§ 8116, 8117; N.M.I. Const. art. XX; Executive Order 94-3 § 214 (effective August 23, 1994).

 

Subchapter History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The Civil Service Commission (CSC) was created by the Constitution of the Northern Mariana Islands, art. III § 16, (ratified 1977, effective 1978). Second Const. Conv. Amend 41 (effective Nov. 3, 1985) repealed article III, § 16. Amendment 41 created the present art. XX. Article XX charges the CSC with the establishment and administration of personnel policies for the Commonwealth government. The Commission’s authority extends “to positions other than those filled by election or by appointment of the governor in the departments and agencies of the executive branch and in the administrative staffs of the legislative and judicial branches.” N.M.I. Const. art. XX.

 

Title 1, division 8 of the Commonwealth Code contains the public employment laws of the Commonwealth. PL 1-9 (effective August 11, 1978), the “Commonwealth Civil Service Act,” codified as amended at 1 CMC §§ 8101-8153, implemented the original constitutional provisions and created a civil service system. 1 CMC § 8111 creates a Civil Service Commission within the Commonwealth government.

 

The Civil Service Commission is charged with assuring compliance with personnel administration policy, proposing personnel policies of the Commonwealth to the Governor and the legislature, and carrying out its duties under the Civil Service Act. 1 CMC § 8116. 1 CMC § 8117 confers on the Civil Service Commission the authority to issue reasonable rules and regulations to carry out the provisions of the Civil Service Act, including regulating appointments, promotions, removals, and other personnel matters.

 

PL 1-9 also created the Personnel Office, headed by a Personnel Officer, within the Civil Service Commission, charged with implementing the personnel plans and policies of the CSC and conducting day-to-day Commonwealth personnel management functions. See 1 CMC § 8121.

 

Executive Order 94-3 § 214(b) (effective August 23, 1994) abolished the Personnel Office and transferred its duties, with certain enumerated exceptions, to the newly created Office of Personnel Management within the Office of the Governor. Under Executive Order 94-3 § 214(d)(3), the Civil Service Commission retained the power to recommend and promulgate regulations relating to personnel matters. The full text of Executive Order 94-3 is set forth in the commission comment to 1 CMC § 2001; see also the commission comment to NMIAC, title 10, chapter 10.

 

PL 12-54 (vetoed by Governor on April 20, 2001 and veto overridden June 18, 2001) repealed Executive Order 94-3 §§ 214 and 509, and reenacted and restored “the provisions of law affected by Sections 214 and 509...as they existed prior to the effective date of Executive Order 94-3.” PL 12-54 § 2. PL 13-1 (effective February 13, 2002), repealed PL 12-54 in its entirety and reenacted and reinstated Executive Order 94-3 § 214 in its entirety. PL 13-1 §§ 2 and 3.

 

Public Law 15-119 (effective Dec. 5, 2007), codified at 1 CMC §§ 8117(i), amends the Civil Service Rules and Regulations “to remove any and all provisions requiring that persons seeking to be certified as eligible for a civil service positions have prior work experience in a related field if such persons possess a bachelor’s, masters, or doctoral degree, in a field of expertise related to the civil service position for which the person has applied.” PL 15-119 § 1. The provisions of PL 15-119 supersede the provisions of this chapter to the extent that they conflict.

 

Part 001 -       General Provisions

 

§ 10-20.1-001  Introduction

 

Position classification is the systematic analysis and grouping of positions into classes based on their current duties and responsibilities, required knowledge, abilities and skills, and other pertinent work facts; so that the same titles and statements or definitions of essential characteristics may reasonably be applied to the positions comprising such classes. It is a tool that is widely used both in private and public personnel management to assist in the equitable and efficient handling of personnel matters.

 

Position classification is the foundation of the compensation program. The basic compensation plan consists of the systematic arrangement of all classes in the position classification plan assigned to appropriate pay levels based on objective analysis of their relative difficulty and responsibility and other pertinent factors.

 

Position classification and the compensation plan enhance personnel programs and serve as aids to basic management by organizing the facts about the duties, responsibilities and the requirements of positions to facilitate comprehension and appropriate and uniform action on like positions. Some important advantages offered to management by position classification and the compensation plan are as follow:

 

(a)        Provides a system for controlling salaries that is important to management in terms of its need for fiscal integrity and in providing a systematic salary structure equitable to the employees affected. Inequitable salary relationships adversely affect employee motivation and morale with severe loss to the organization’s economy and effectiveness of operations. Concern is to have equal pay for basically equal work.

 

(b)        By grouping positions in an organization into relatively few groups of similar position, or classes, the job of managing people is simplified in many respects. Position grouping is essential, for example, in recruiting, examining, placement, promotion, transfer, demotion, determining training needs and reduction in force.

 

(c)        Supervisors are able to keep closer control of their organization because of a written record of the assignment of duties and responsibilities. In addition, position descriptions provide supervisors with a convenient basis for checking on employee performance.

 

(d)       The development and use of meaningful standard position and class titles result in an understandable and uniform terminology.

 

(e)        Personnel data useful in budget and manpower forecasting and in many kinds of personnel and management planning and administrative functions can be readily gathered and analyzed.

 

(f)        Information developed by classification can aid management in identifying overlapping duties, unnecessary levels of supervision, excessively broad spans of control, and insufficient or unclear delegation of authority.

 

(g)        Clear-cut descriptions of positions, with their respective job related qualification requirements, provide a standard against which applicants for employment can be evaluated.

 

(h)        Spelling out duties and supervisory relationships help the employee to understand his/her role and thus, avoid employee/supervisor misunderstandings.

 

(i)         Enable the establishment of in-service career patterns.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The Commission inserted a comma after the word “control” in subsection (f) pursuant to 1 CMC § 3806(g).

 

§ 10-20.1-005  Legal Basis

 

(a)        The Commonwealth Civil Service Act of 1979 [1 CMC §§ 8101, et seq.] establishes a Civil Service Commission and Personnel Service System in the Commonwealth of the Northern Mariana Islands. 1 CMC § 8102 sets forth the purpose “to establish a system of personnel administration based on merit principles and generally accepted methods governing the classification of positions and the employment, conduct, movement and separation of public officials and employees.” By law, the Personnel Service System shall be administered in accordance with the merit principles set forth below:

(1)        Equal opportunity for all regardless of age, race, sex, religion, political affiliation, or place of origin.

(2)        Impartial selection of the ablest person for government service by means of competitive tests which are fair, objective, and practical.

(3)        Just opportunity for competent employees to be promoted within the service.

(4)        Reasonable job security for the competent employee.

(5)        Systematic classification of all positions through adequate job evaluation.

(6)        Fair and reasonable grievance procedures for all employees pertinent to condition of employment.

(7)        Proper employer-employee relations to achieve a well trained, productive, and happy work force.

 

(b)        Part IV.A.4 of the Personnel Services System Rules and Regulations [NMIAC § 10-20.2-306] stipulates that along with other responsibilities, the Personnel Officer shall administer a classification program which supports management’s objectives, meets legal and regulatory requirements, and promotes participation by operating officials in the classification process. In so doing, the Personnel Officer shall group positions into classes on the basis of their similarities in duties, responsibilities and other significant factors. Each class shall be assigned a title which shall apply to all positions therein.

 

(c)        Part IV.B.2 of the Personnel Services System Rules and Regulations [NMIAC § 10-20.2-312] stipulates that the Personnel Officer shall assign all classes in the position classification plan to appropriate pay levels in the base salary schedule in accordance with:

(1)        Kind and level of work.

(2)        Degree of difficulty and responsibility.

(3)        Kind, quality, and level of qualification requirements.

(4)        Relationship to other classes in its occupational group and of its occupational group to other occupational groups.

 

Modified, 1 CMC § 3806(c), (f), (g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a), (b) and (c).

 

The Commission corrected the spelling of the word “principles” in the opening paragraph of subsection (a). The Commission inserted commas after the words “affiliation” in subsection (a)(1), “objective” in subsection (a)(2), “productive” in subsection (a)(7), “requirements” in subsection (b), and “quality” in subsection (c)(3) pursuant to 1 CMC § 3806(g).

 

§ 10-20.1-010  Overall Policy

 

(a)        It is expressly understood that the development and maintenance of the position classification and compensation plan is the responsibility of the Personnel Officer, who shall:

(1)        Administer the classification plan which supports management’s objectives, meets legal and regulatory requirements, and promotes participation by operating officials in the classification process;

(2)        Provides advice and assistance to management on the classification aspects of position structure needed to carry out the government’s mission;

(3)        Classify all positions according to their duties and responsibilities;

(4)        Group positions into classes on the basis of their similarities in duties, responsibilities, and other significant factors;

(5)        Assign a title to each class which shall apply to all positions in the class;

(6)        Prescribe the characteristics of each class and the standards for employment in any position in the class subsequent to consultation with the Civil Service Commission and the appropriate management officials concerned;

(7)        Change a position from one class to another when substantial changes have occurred in its duties and responsibilities, or to correct an error, or to conform to revisions in the classification plan;

(8)        Determine the status of occupants of positions that have been changed from one class to another class; and

(9)        Orient supervisors and management officials, at all levels, in their responsibility and roles in the Position Classification Plan processes.

 

(b)        It is also expressly understood that achievement of an effective and efficient personnel service, and the development and maintenance of sound position classification and compensation plans requires the cooperation of management officials and their subordinates.

 

(c)        Management officials and supervisors shall specifically:

(1)        Plan, organize, develop, and assign duties and responsibilities to positions, whether occupied or vacant;

(2)        Ensure that current duties and responsibilities assigned to positions are completely and accurately described in position descriptions in sufficient detail for position classification and all related purposes;

(3)        Ensure that position descriptions are current and that revisions are made when duties and responsibilities are changed;

(4)        Ensure the development, preparation, maintenance, and submission of factual and up-to-date functional statements and organizational position charts which clearly depict assigned organizational and supervisory responsibility, organizational segment identification, official class titles and pay levels for the positions which are funded and approved, and other similar essential details; and

(5)        Assist their employees, to the extent necessary, to accomplish the foregoing and obtain from authoritative sources, as necessary, answers to specific questions raised by their employees.

 

(d)       In carrying out their responsibility for assigning work, they shall organize and distribute work among the positions for which they are responsible so as to contribute to sound personnel management and to avoid:

(1)        Unclear position-to-position relationships;

(2)        Excessive or unwarranted job dilution;

(3)        Unnecessary supervisory jobs;

(4)        An excessive number of small work units;

(5)        Overlapping or unwarranted duplication of duties;

(6)        Lack of designated accountability for results;

(7)        Work assignment practices designed solely to achieve high salary levels;

(8)        Grouping unlike skills or disparate levels of work (e.g., professional and clerical work) in a single position when alternatives are available.

 

(e)        Further, management officials, in carrying out their position management responsibilities, shall give appropriate consideration to labor cost economy and personnel management factors. Labor cost economy has reference to the maintenance of labor cost at a justifiable level and includes ensuring that all duties contribute to the mission of the organization, that practices outlined above are avoided, that work distribution is equitable and contributes to efficiency, effectiveness, and economy.

 

(f)        The pertinent personnel management factors are:

(1)        Skills utilization in relating staff requirements to the availability of the kinds and levels of needed skills, including application of job engineering to organize work into less complex combinations of duties and responsibilities in recognition of manpower problems resulting from scarce skills;

(2)        Employee motivation in considering the impact of work assignments in promoting job satisfaction and challenge; and

(3)        Employee development in considering the effect of work assignments in providing opportunities for employee growth and career development within an organizational component throughout a given department and throughout the jurisdiction.

 

(g)        A balanced consideration must be given to labor cost economy and personnel management factors to obtain an efficient position structure and a workforce motivated to work diligently and effectively with an interest in personal development and pride in work accomplishment. All of these should therefore be considered collectively as well as individually so that a balance can be carefully weighed.

 

(h)        Management officials may be advised by the Personnel Officer in these areas.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (h).

 

In subsections (a)(1) and (a)(7), the Commission corrected the spelling of “management’s” and “occurred,” respectively. In subsection (e), the Commission corrected the spelling of “organization.” The Commission also corrected the spelling of “opportunities” in subsection (f)(3). The Commission inserted commas after the words “responsibilities” in subsection (a)(4), “develop” in subsection (c)(1), “maintenance” in subsection (a)(4), and “effectiveness” in subsection (e) pursuant to 1 CMC § 3806(g).

 

Part 100 -       Specific Policies, Procedures, Practices, and Guidelines

 

§ 10-20.1-101  Introduction

 

Parts 100 through 1700 consist of specific policies, procedures, practices, and guidelines governing specific functions and activities relative to position classification and compensation in the personnel service system.

 

Modified, 1 CMC § 3806(d).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The Commission inserted a comma after the word “practices” pursuant to 1 CMC § 3806(g).

 

§ 10-20.1-105  Position

 

(a)        Definition. A position means a specific employment, whether occupied or vacant, consisting of a group of current duties and responsibilities assigned by competent authority and requiring the full or part-time employment of one person. A position is the basic unit of an organization.

 

(b)        Position Establishment, Change, and Abolishment. It is the responsibility of line management to determine staffing requirements and skills needed to accomplish assigned mission/activities and to organize duties into positions to establish and maintain a position structure which achieves optimum balance between economy, efficiency, skills utilization and employee challenge, motivation and development. It is, therefore, the responsibility of line management to initiate the establishment and abolishment of positions and to effectuate changes in the duties and responsibilities assigned to those positions. These actions are to be in conformance with proper budget and manpower controls and other requirements. The Personnel Officer may advise operating officials in these areas to ensure sound position management decisions in these areas and/or may refer cases, in which concerns relative to position and personnel management cannot be resolved satisfactorily, to appropriate authorities.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: In subsection (b), the Commission corrected the spelling of the words “conformance” and “personnel.” The Commission inserted a comma after the word “change” in subsection (b) pursuant to 1 CMC § 3806(g).

 

Part 200 -       Position Description

 

§ 10-20.1-201  Definition

 

A position description means a formal official written statement by management documenting the assignment or rearrangement of the duties and responsibilities of a position.

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

§ 10-20.1-205  Preparation of Position Descriptions

 

(a)        The assignment of duties and responsibilities is always a management responsibility. Good management requires that assignments to employees be definitely established, clearly delineated and thoroughly understood, and that there be no conflicts or inconsistencies in assigned duties and responsibilities between positions.

 

(b)        There shall be a description for every authorized position which shall document these management decisions. The description may be prepared by whomever management determines is best able to prepare it under the particular circumstances - the employee, the supervisor, a personnel specialist, or all three of these working together.

 

(c)        Descriptions shall be prepared on the official position description form to be provided by the Personnel Office.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (c).

 

In subsection (a), the Commission corrected the spelling of “assignment” and “responsibilities.”

 

§ 10-20.1-210  Standard of Adequacy and Content of Position Description

 

(a)(1)   A position description is adequate if it states the significant duties and responsibilities and the organizational relationships of a position sufficiently, clearly and definitely

(i)         To provide the information necessary for affected parties (incumbent, supervisor) to understand the scope and nature of the duties and responsibilities, and

(ii)        For its proper classification by the Personnel Office (when supplemented by otherwise readily available and current information on the program or programs, organization, functions, and policies and procedures concerned).

(2)        Decisions on the adequacy of a position description shall be made by the Personnel Office.

 

(b)        A significant duty is any duty which:

(1)        Occupies a significant portion of the work time;

(2)        Serves to identify the nature of the work; and

(3)        Serves as a basis for establishing the qualifications required in the work.

 

(c)        An adequate description:

(1)        Shows the approximate percentage of time spent on each major duty, and clearly defines the nature and extent of responsibilities and delegated authorities.

(2)        Outlines and describes the two major types of organizational relationships: supervision received and supervision exercised.

(3)        Shows the supervisory restrictions, instructions and guidance under which the employee operates, the kinds of problems or other matters to be referred to his/her supervisor, and the purpose and extent of the review of his/her work.

(4)        Shows any significant types of actions or decisions for which the employee is responsible which are not subject to supervisory control.

(5)        In addition, a statement of management’s recommendations relative to qualifications required, including training, experience, knowledge, skill, abilities, and other requirements, is also to be a part of a position description.

 

(d)       The Personnel Officer shall give consideration to management’s recommendations in this area, but shall not be bound by them in making classification, screening, or certification decisions.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (d) and subsections (c)(1) through (c)(5).

 

In subsection (b)(2), the Commission corrected the spelling of “referred.” The Commission inserted commas after the words “abilities” in subsection (c)(5) and “screening” in subsection (d) pursuant to 1 CMC § 3806(g).

 

§ 10-20.1-215  Currency of Position Descriptions

 

(a)        It is essential that position descriptions be kept current and that they accurately describe the major duties and responsibilities assigned and the organizational relationships involved. Management officials are responsible for ensuring that position descriptions are reviewed and revised, if necessary, under the following circumstances:

(1)        When the position becomes vacant. If changes in the duties and responsibilities of the position are desired, they should be made before filling the position. In some cases, a new employee can only learn to perform the work assigned the previous employee after extensive on-the-job training. Consequently, the existing position description may not reflect the work the new employee is expected to perform and a revised description should be prepared.

(2)        When making organizational changes. Reorganization will frequently change the work assignments of employees. Position descriptions should be reviewed to identify these changes.

(3)        When making major changes in work assignments. Adding new assignments to an employee’s work, redistributing the work of several employees, or introducing new methods or equipment, are all situations in which position descriptions should be reviewed.

 

(b)        Additionally, each description should be reviewed by the supervisor and incumbent annually. Each department shall establish a schedule for such reviews (e.g., at the time of the employee’s job performance review or for the department as a whole at a specified time). The results of the review and any necessary re-descriptions shall be submitted to the Personnel Officer.

 

(c)        The Personnel Officer may investigate the currency of any position description at any time and request that those no longer current be re-described.

 

(d)       To insure annual supervisory reviews of employees’ duties and responsibilities and position descriptions, the Personnel Officer may wish to implement the annual position survey procedure.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (d). The Commission inserted a comma after the word “employees” in subsection (a)(3) pursuant to 1 CMC § 3806(g).

 

§ 10-20.1-220  Re-description of Positions

 

(a)        Significant changes of work on a continuing basis are to be re-described by management officials on a timely basis for classification review. Re-descriptions may also be required by the Personnel Officer in order to assure the correctness of existing classifications for the conduct of special studies.

 

(b)        Significant changes of work may occur gradually through a process of abnormal growth or rapidly through drastic changes in program and organizational structure. However, it is improper to re-describe a position to show the assignment of work previously ascribed to another position for the purpose of evading promotion, transfer, or other procedures.

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b). The Commission inserted a comma after the word “transfer” in subsection (b) pursuant to 1 CMC § 3806(g).

 

§ 10-20.1-225  Certification

 

All affected parties (incumbent, supervisor, department head) shall certify to completeness and accuracy of position descriptions.

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Part 300 -       Class of Positions and Series of Classes

 

§ 10-20.1-301  Definitions

 

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

 

(b)        A series of classes means classes closely related in occupational specialty, but differing in level of difficulty and responsibility and qualifications required (e.g., the three classes of Accountant I, Accountant II, and Accountant III make up a series).

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

In subsection (a), the Commission corrected the spelling of “responsibilities.”

 

§ 10-20.1-305  Standards for Determining Classes and Series

 

(a)        The grouping of positions which are sufficiently alike in their duties and responsibilities allows for group treatment in nomenclature, selection, pay, and other personnel processes. The fundamental consideration then in determining the degree of refinement of groupings is the effective, efficient and economical achievement of personnel management and other administrative purposes. The degree of refinement is determined on the basis of working advantages to gained and by considerations of principle and logic in the light of such other factors as:

(1)        Statutes, as they relate to such things as merit system coverage.

(2)        Rules and regulations and the character of practices governing

(i)         Recruiting, screening, and appointment processes and

(ii)        In-service transactions such as transfer, promotion, lay-off, and re-employment.

(3)        The degree of variation in the kinds of work assigned to a group under consideration.

(4)        Environmental conditions peculiar to certain kinds of positions.

 

(b)        A series is distinguished by the following characteristics:

(1)        It represents a single occupation; and

(2)        Positions in the series require a body of basic qualifications common to all positions in the series and, in the aggregate, different from those required for all other series.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

§ 10-20.1-310  Class and Series Titles

 

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

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Part 400 -       Class Specification

 

§ 10-20.1-401  Definition

 

A class specification means an official Position Classification Plan document describing the general characteristics of the class, including the official class title, the duties and responsibilities of the class, examples of work or typical duties performed, and a statement of the qualifications required to perform the work of the class.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

§ 10-20.1-405  Purpose

 

As an essential personnel management tool, a class specification must satisfy the following objectives:

 

(a)        To identify the kind and level of work sufficiently so that appropriate selection and compensation decisions can be made.

 

(b)        To identify the boundaries of the class to differentiate it from every other class in terms of general character or kind of work and in terms of difficulty and responsibility of work and qualifications.

 

(c)        To serve, consequently, as a guide for all concerned in the allocation of individual positions to classes.

 

(d)       To define the class title which has the meaning, and only that meaning, given to it by the class specification.

 

(e)        To serve as a convenient, currently maintained written record identifying the basic characteristics of the class for any purpose.

 

(f)        To permit the organization of classes into convenient and logical groupings.

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

§ 10-20.1-410  Content of Class Specifications

 

The Personnel Service System Rules and Regulations [NMIAC, title 10, subchapter 20.2] make reference to class specifications including the official title, the duties and responsibilities, examples of work or typical duties performed, and a statement of qualifications required to perform the work. This enumeration expresses the basic content of class specifications.

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The Commission inserted a comma after the word “performed” pursuant to 1 CMC § 3806(g).

 

§ 10-20.1-415  Development of Class Specifications

 

In the development and revision of class specifications, operating agencies are to be consulted to gain information about the positions and the occupation under study, to secure their viewpoints on the establishment of classes and series of classes, and to secure their review of the comments concerning proposed classes and qualifications. Participation in these processes by line management not only makes for development of adequate class specifications, but will also result in their better use for management purposes. However, the decision to establish a class, its description in the class specification, and the qualification requirements established, remain the prerogative of the Personnel Officer with the approval of the Civil Service Commission.

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The Commission inserted a comma after the word “specification” pursuant to 1 CMC § 3806(g).

 

§ 10-20.1-420  Form of Class Specifications

 

The Personnel Officer shall determine the appropriate form of class specifications, which may vary depending on the number of positions involved, the complexity of the information contained, and other pertinent factors.

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The Commission inserted a comma after the word “contained” pursuant to 1 CMC § 3806(g).

 

§ 10-20.1-425  Interpretation of Class Specifications

 

(a)        Each class specification must be interpreted in its entirety and in its proper relation to other specifications. Particular phrases or examples of work should not be treated as the full definition of a class nor should the absence of some item be highlighted to the exclusion of the rest of the text.

 

(b)        Class specifications are not intended to and do not create a rigid system of classes which cannot be changed, and to which positions and assignments of work to employees must at all times conform. Consequently, they do not limit or prescribe the kinds of positions that may be created from time to time, or fix, control, or prescribe the duties that may be assigned to particular employees by management officials.

 

(c)        The Personnel Officer shall consider the opinion of management officials in determining whether a particular class reflects the work of any position, but shall make the final decision on such matters.

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (c). The Commission inserted a comma after the word “control” in subsection (b) pursuant to 1 CMC § 3806(g).

 

Part 500 -       Position Classification Plan

 

§ 10-20.1-501  Definition

 

Position classification plan means the arrangement of classes in a logical and systematic order reflecting all of the kinds and levels of work utilized in the Personnel Service System.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

§ 10-20.1-505  Content

 

The Position Classification Plan consists of all of the classes in the Personnel Service System, the established class specifications reflecting those classes, and an organized and systematic listing of those classes reflecting their official titles.

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

§ 10-20.1-510  Purpose

 

(a)        The primary purpose of the position classification plan is to establish a meaningful and objective system of obtaining and documenting information on the content of jobs and of organizing that information into a logical and useful system which can be used as the basis for other personnel and administrative functions.

 

(b)        Each class and class specification provides specific information on similar positions which enables actions on positions in that class to be carried out consistently and objectively. Of special significance are like pay level assignments and qualification requirements for all positions in the class.

 

(c)        The systematic arrangement of those classes, in a manner which reflects a logical pattern of relationships, further contributes, to rational pay relationships and orderly personnel and administrative processes.

 

(d)       Consequently, the plan as a whole and in terms of its component parts, serves the following purposes:

(1)        It reflects the official occupational terminology used in the Personnel Service System.

(2)        It identifies and reflects the key duties of each class of positions.

(3)        It establishes the qualification requirements necessary for each class or category of work, facilitates recruitment and provides a uniform basis for screening and selection decisions based on job-related criteria.

(4)        It ensures that all positions in a class will be compensated at the same base pay level.

(5)        It establishes a scheme or systematic, organized framework of classes of positions, exhibiting a logical pattern of relationships, to facilitate pay level assignments and the establishment of a compensation plan which reflects meaningful internal relationships based on job-related considerations.

(6)        It aids in other personnel and administrative activities such as clarifying promotion and transfer opportunities and processes; developing training programs; planning, clarifying and improving organizational structure; fostering good employee/ employer relations through uniform objective treatment of positions and their incumbents; compiling meaningful personnel statistics; and in general, tends to systematize and facilitate the determination and execution of many types of personnel policies and specific personnel or pay transactions.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (d).

 

In subsection (c), the Commission corrected the spelling of “relationships.”

 

§ 10-20.1-515  Arrangement of Classes

 

Classes shall be arranged, in the Position Classification Plan, in a logical manner which is consistent with the needs of the compensation plan so that the comparison of related classes of work is facilitated and, to the extent possible, lines of promotion, career ladders, etc., are clarified.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Part 600 -       Allocation and Reallocation of Positions

 

§ 10-20.1-601  Definition

 

(a)        Allocation means the assignment of a position to its appropriate class on the basis of analysis of the duties and responsibilities of the position.

 

(b)        Reallocation means the reassignment of a specific position or group of positions from one class to another on the basis or analysis and the identification of new or different tasks or for other appropriate reasons.

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

§ 10-20.1-605  Basis for Action

 

The allocation and reallocation of positions shall be based on the duties and responsibilities delegated as certified by competent authority in current position descriptions. There shall be a systematic and critical examination of job-content facts and their interpretation in terms of applicable criteria, factors or job elements and pertinent class specifications.

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

§ 10-20.1-610  Effective Date

 

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

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Part 700 -       Compensation Plan

 

§ 10-20.1-701  Definition

 

Compensation plan means an arrangement of classes reflecting all of the kinds and levels of work utilized in the Personnel Service System and indicating the pay levels of the base salary schedule to which each class is assigned.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

§ 10-20.1-705  Basic Compensation Policy

 

The basic policy of the Commonwealth government is to ensure that classes of positions in terms of difficulty, complexity, responsibility, and authority are assigned to the same pay level, that classes of positions performing work which are of a higher level of difficulty, complexity, responsibility, and authority are assigned to higher pay level; and that the relative difference between pay levels of classes reflects the relative differences in difficulty, complexity, responsibility, and authority.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The Commission corrected the spelling of “performing.” The Commission inserted a comma after the word “responsibility” pursuant to 1 CMC § 3806(g).

 

§ 10-20.1-710  Purpose of the Compensation Plan

 

The compensation plan promulgates and displays, in a meaningful fashion, the pay level decision made on all classes of work in the personnel service system. It therefore serves as an authorizing reference for pay level decisions on individual positions, a reference in the preparation of budgets for personnel services, and as the authoritative reference for identifying existing pay level assignments and relationships in order to determine the appropriate pay level assignments of new classes.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

§ 10-20.1-715  Evaluation Criteria

 

The Personnel Officer shall assign all classes in the Position Classification Plan to appropriate pay levels in the base salary schedule in accordance with the following:

 

(a)        Kind and level of work;

 

(b)        Degree of difficulty and responsibility;

 

(c)        Kind, quality, and level of qualification requirements;

 

(d)       Relationship to other classes in its occupational group, and relationship of its occupation groups; and

 

(e)        Long-range recruitment market experience.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: In the opening paragraph, the Commission corrected the spelling of “schedule.”

 

§ 10-20.1-720  Guidelines for the Arrangement of Classes

 

In order to facilitate the evaluation of classes based on the criteria set forth above, classes will be arranged in such a manner that

 

(a)        Relationships in terms of level of work within a particular work specialty are clearly identified;

 

(b)        Relationships with other classes, closely related in terms of kind of work, are indicated; and

 

(c)        Comparisons with such classes are facilitated.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

§ 10-20.1-725  Methodology for the Evaluation of Classes

 

The evaluation of each class shall include comparisons, as appropriate, with the categories of classes below:

 

(a)        Higher and lower classes in the same work specialty;

 

(b)        Classes in other work specialties to which the supervisor’s position is allocated;

 

(c)        A class, in another work specialty, to which the supervisor’s position is allocated;

 

(d)       Classes reflecting similar levels of difficulty, competence and responsibility in closely related work specialties.

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Part 800 -       Reallocation Procedures

 

§ 10-20.1-801  Reallocation Request

 

(a)        After receiving verbal or written request for reallocation, check submitted documents for completeness. Each request must be accompanied by the following:

(1)        Current position description (PD).

(2)        Updated employment application (completed by the incumbent).

(3)        Functional/organizational charts.

 

(b)        Should any of these materials be missing, follow-up either by phone or by returning a form acknowledging receipt of request and requesting for submission of missing materials.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

In subsection (b), the Commission changed “receipt or request” to “receipt of request” to correct a manifest error.

 

§ 10-20.1-805  Before the Interview

 

The following must be taken before then interview:

 

(a)        Review position description.

 

(b)        Compare duties and responsibilities of incumbent’s position with that of other classes of position within existing classification plan.

 

(c)        Prepare questions that would help determine proper allocation of position.

 

(d)       Review incumbent’s personnel files. Question any discrepancies between personnel actions and job application.

 

(e)        Make appointment for a desk audit.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The opening line of this section is left as written in the original. See 7 Com. Reg. at 3518. It should probably read: “The following steps must be taken before the interview.”

 

In subsection (b), the Commission corrected the spelling of “responsibilities.”

 

§ 10-20.1-810  Interview

 

During the interview, the interviewer must:

 

(a)        Ask questions that would enable the incumbent to elaborate on duties and responsibilities; yes or no type of questions may tend to lead the incumbent to answer the way he/she is expected.

 

(b)        Interviewer should allow for incumbent to do most of the talking.

 

(c)        Interview itself, should not take more than an hour.

 

(d)       On the other hand, it should not be rushed.

 

(e)        Major duties and responsibilities should be differentiated from minor ones.

 

(f)        Ask for samples of incumbent’s work (reports written by incumbent, etc.).

 

(g)        Before leaving, request that you return, should you have any future questions.

 

(h)        Question incumbent’s work supervisor about duties and responsibilities of the incumbent’s position.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: In subsection (a), the Commission corrected the spelling of the words “questions,” “incumbent,” and “responsibilities.” In subsection (h), the Commission corrected the spelling of “supervisor.”

 

§ 10-20.1-815  After the Interview

 

After the interview, the classifier should:

 

(a)        Determine proper classification.

 

(b)        Prepare reports of findings.

 

(c)        Evaluate incumbent’s application to determine if incumbent meets qualification requirements of position (to which he/she is to be reallocated to).

 

(d)       Prepare memorandum of findings to requesting department.

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Part 900 -       Guidelines for the Position Audit

 

§ 10-20.1-901  The Position Audit

 

Position audits, sometimes called desk audits, are conducted upon the initiative of the Personnel Officer or upon the request of a department. Generally, position audits fall into three categories. They are:

 

(a)        Intra-departmental Audits: This involves rechecking every position in a department or single unit, such as a bureau, periodically to discover what changes have occurred in an organization or assignment that affects the classification plan. A continuing program includes making this type of audit periodically in each department.

 

(b)        Inter-departmental Audits: This consists of re-checking all positions in a particular class or series of classes across departmental lines, again to insure proper classification.

 

(c)        New Position or Changed Position Audits: In addition to audits undertaken according to long range plans and those on the initiative of the Personnel Officer, departments are required to submit a description of job duties whenever a new position is proposed, or whatever there is to be a significant change in the duties and responsibilities of an existing position. Often, this type of audit occurs as a result of budget requests, or to make certain that the agency is using their budget properly.

 

Modified, 1 CMC § 3806(b), (f), (g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: This section originally appeared after § 10-20.1-910. See 7 Com. Reg. at 3520. The Commission moved it to the beginning of part 900 because it improves the overall flow of the part.

 

In the opening sentence of this section, the Commission corrected the spelling of “initiative.” In subsection (c), the Commission changed “department are” to “departments are” to correct a manifest error and corrected the spelling of “responsibilities.”

 

§ 10-20.1-905  Prior to Desk Audit

 

The classifier is expected to follow through on the following data prior to a desk audit:

 

(a)        Is job hash-marked (#) or red-circled? If so, to what and why?

 

(b)        Is there an old position description (PD) on the job? On a comparable job? Have you read it?

 

(c)        Do you have the class specifications and have you read and understood them?

 

(d)       Is there a current up-to-date organizational chart which includes the employee’s job? If so, have you reviewed it?

 

(e)        Have you checked the employee’s supervisor’s job? (Through a PD in the files.)

 

(f)        If the employee has subordinates, have you checked to see if there are PDs on them?

 

(g)        Have you obtained clearance to conduct the audit?

 

Modified, 1 CMC § 3806(b), (f), (g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: This section originally appeared at the beginning of Part 900. See 7 Com. Reg. at 3519. The Commission moved it so that it followed § 10-20.1-901 because it improves the overall flow of the part.

 

In subsection (e), the Commission corrected the spelling of “employee’s.”

 

In subsection (f), the Commission changed “PD’s” to “PDs” to correct a manifest error.

 

§ 10-20.1-910  During the Desk Audit

 

When doing the audit:

 

(a)        Determine the employee’s line of communications with the supervisors and subordinates.

 

(b)        Find out how the employee’s job function fits into the audit in which the employee works.

 

(c)        How does the employee receive his work and in what form?

 

(d)       What does the employee do with the work assignment?

 

(e)        Who gets the finished product?

 

(f)        How much independence does the employee have? (Without having to rely on other employees to draw a final conclusion regarding the employee’s work assignment.)

 

(g)        Obtain samples of the employee’s work.

 

(h)        If the employee’s job is supervisory in nature, obtain the following information:

(1)        The type of supervision exercised;

(2)        The final responsibility for the work supervised; and

(3)        Kind of employees supervised.

 

Modified, 1 CMC § 3806(b), (g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: This section originally appeared before § 10-20.1-901. See 7 Com. Reg. at 3520. The Commission moved it to the end of part 900 because it improves the overall flow of the part. The Commission also designated this provision as a separate section.

 

In subsection (a), the Commission corrected the spelling of “employee’s.”

 

In subsection (g), the Commission changed “employees’” to “employee’s” to correct a manifest error.

 

Part 1000 -     Steps in Position Analysis

 

§ 10-20.1-1001            Step One

 

The first step in position analysis under any situation is to organize the factual information that has been obtained about the position.

 

(a)        Determine major and minor duties and responsibilities and the organizational relationships surrounding the position.

 

(b)        Attempt to determine, tentatively, those duties which are significant to the classification.

 

(c)        Generally in this position, duties and responsibilities are grouped on the bases of those consuming the major portion of the working time.

 

(d)       Other significant duties which are essential to the performance of the job, but not consuming to a large portion of the time, are noted for study.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The original part 1000 was not designated into sections. See 7 Com. Reg. at 3521. The Commission designated sections 10-20.1-1001 through 10-20.1-1020 and created the section titles.

 

In subsection (b), the Commission corrected the spelling of “classification.”

 

§ 10-20.1-1005            Step Two

 

The second step is to determine the series to which the position belongs on the basis of the kind of work involved in the position.

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The original part 1000 was not designated into sections. See 7 Com. Reg. at 3521. The Commission designated sections 10-20.1-1001 through 10-20.1-1020 and created the section titles.

 

§ 10-20.1-1010            Step Three

 

Third, the personnel specialist determines, from the class specifications, the distinguishing characteristics between classes in the series, which become the differences between levels. These specifications should be read and understood in their entirety and understood in relation to other specifications.

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The original part 1000 was not designated into sections. See 7 Com. Reg. at 3521. The Commission designated sections 10-20.1-1001 through 10-20.1-1020 and created the section titles.

 

§ 10-20.1-1015            Step Four

 

Next, the specialist carefully checks all the information to determine whether all the information pertinent to the classification are present. If they are not, the specialist takes the necessary steps to obtain them.

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The original part 1000 was not designated into sections. See 7 Com. Reg. at 3521. The Commission designated sections 10-20.1-1001 through 10-20.1-1020 and created the section titles.

 

§ 10-20.1-1020            Step Five

 

Finally, the specialist re-examines the facts to determine whether the position under review has any information which is or is not contained in the specification. The significance of any variations must be analyzed to determine whether the position is placed into an existing class or the establishment of a new class.

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The original part 1000 was not designated into sections. See 7 Com. Reg. at 3521. The Commission designated sections 10-20.1-1001 through 10-20.1-1020 and created the section titles.

 

Part 1100 -     Developmental Guide

 

§ 10-20.1-1101            Applicability

 

Guide for placement of employees into “developmental” or training classes and pay levels for all professional and target positions - classes PL-20 and above unless specifically excluded.

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: This provision was a forward to the original Part 1100. See 7 Com. Reg. at 3522. The Commission designated it § 10-20.1-1101 and created the section title.

 

§ 10-20.1-1105            Developmental Guide

 

The purpose of this is to insure uniform and equitable classification and compensation treatment for employees who are selected for classes of positions for which they fail to meet the qualification requirements of the target pay levels. This guide makes it possible for these employees to undergo on-the-job training for career development and placement in their areas of specialties in appropriate classes and at target pay levels.

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

§ 10-20.1-1110            Introduction

 

This guide is essential at this stage of development of the employees, who with the proper placement and on-the-job training, will be developed to a level of proficiency to qualify for movement to the target classes and pay levels.

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

§ 10-20.1-1115            Guide Application

 

(a)        For appointment and placement purposes, each employee’s present qualifications will be assessed against the qualification requirements of an existing target class and pay level, and where it is found that the employee’s qualifications fail to equate to the minimum requirements of the class, the employee or applicant may be appointed or placed in a “developmental” class or pay level where the employee may eventually progress to the target pay level of the class within a reasonable time period of not more than 2 years.

 

(b)        NOTE: This guide will be applicable only when there are no qualified applicants to fill an advertised position.

 

(c)        The professional staff physicians, medical, dental officers, and all professional legal classes are exempted from this guide.

 

(d)       Where related experience is used to qualify an employee, this qualifying experience may not be used to waive a specific requirement for specialized training if required by the class specification.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (d).

 

In subsection (a), the Commission corrected the spelling of the words “progress” and “reasonable.”

 

Part 1200 -     Guide for Describing the Assigned Duties and Responsibilities of a Position

 

§ 10-20.1-1201            Position Description; General

 

(a)        A position description is an official, written narrative of the major duties, responsibilities, and organizational relationships of a position. The information it provides is of prime importance in determining the class to which the position will be allocated, which in turn determines the qualification requirements and pay range assignment. A position description must therefore be current, accurate and sufficiently complete for classification purposes; i.e., it must be an accurate accounting of the actual duties and responsibilities of the position, consistent with the approved functions and organization of the program, and in sufficient detail and clarity for determining proper classification.

 

(b)        A position description should be thoughtfully prepared and be written in a format and style which aid understanding. Abbreviations, form numbers, special terms and ambiguous terms (e.g., “assist,” “prepare,” “handle,” “review,” “research,” “supervise,” etc.) should not be used unless explained in the narrative.

 

(c)        The outline in this part should be used as a guide in preparing a position description.

 

Modified, 1 CMC § 3806(d), (g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: This provision was a forward to the original part 1200. See 7 Com. Reg. at 3522-23. The Commission designated it § 10-20.1-1201 and created the section title. The original paragraphs were not designated. The Commission designated subsections (a) through (c).

 

In subsection (a), the Commission corrected the spelling of “determining.” The Commission inserted a comma after the word “responsibilities” in subsection (a) pursuant to 1 CMC § 3806(g).

 

§ 10-20.1-1205            Introduction

 

Describe in a few short sentences the organizational location of the position, the functions of the organization, and the purpose and primary function of the position.

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

§ 10-20.1-1210            Major Duties and Responsibilities

 

(a)        Describe each major duty and responsibility in a separate paragraph.

(1)        A major duty or responsibility is one which

(i)         Is a key indicator of the nature of work;

(ii)        Substantiates the need for a specific essential qualification; and

(iii)       Requires a significant portion (at least 5%) of the work time.

(2)        The order of paragraphs should facilitate an understanding of the position and therefore may be arranged in descending order of importance, the order of work sequence or any other manner which will achieve that end.

 

(b)        The work should be described as concisely as possible, but of greater importance is the need for clarity of content by inclusion of sufficient, relevant detail, using examples if necessary, and appropriate choice of words in describing what and how work is performed.

 

(c)        The statements of the duties and responsibilities should contain or be supplemented by information in the following areas:

(1)        A description of the guidelines used or instructions received, and the authority to make decisions, commitments or recommendations; and

(2)        A description of the originality required, and the purpose and nature of the interpersonal work relationships if they exceed the typical work situation and/or are unusually demanding. (List the major tools and/or equipment used in the work on the position description form.)

 

(d)       In describing supervisory functions (e.g., planning organizing, assigning and directing work, evaluating performance, etc.), indicate how they are performed. (Identify subordinate positions by incumbent’s name, position number and class title on the position description form.)

 

(e)        The approximate percentage of time spent in carrying out each major duty and responsibility must be posted in the right-hand margin alongside each paragraph. The total should not exceed 100%.

 

(f)        Describe any unique or special features of the physical environment and their effect on the work, including the use or application of equipment, tools, procedures, regulations, and so forth.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (f) and subsections (a)(1) and (2).

 

In subsection (a), the Commission corrected the spelling of “responsibility.”

 

§ 10-20.1-1215            Control Over the Position

 

Describe the guidance and instruction received from the supervisor, and the kind of problems on which the supervisor’s assistance is required or requested. Also, describe the extent of the supervisor’s review of work. (Identify the supervisor of the position by name, position number, and class title on the position description form.)

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

§ 10-20.1-1220            Qualification Requirements of the Work

 

Specify the knowledge, skills, and responsibilities recommended as necessary to perform the work of the position, including the need for specific agility or dexterity or any other special physical abilities. (Indicate the education, training, and experience believed normally associated with acquiring the required knowledge, skills, and abilities and any legally required license, certificate, or permit needed to perform the work of the position.)

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The Commission inserted commas after the words “skills,” “training,” and “certificate” pursuant to 1 CMC § 3806(g).

 

Part 1300 -     Guidelines for Designating Work to Be Professional

 

§ 10-20.1-1301            Basic Definition

 

(a)        The “professional” group is composed of occupations concerned with the theoretical aspects and their practical applications of such fields of endeavor as engineering, mathematics, physical sciences, social sciences, medicine and health, education, library science, law, the arts, and certain administrative specialties (e.g., accounting, personnel management).

 

(b)        Occupations in the professional group require substantial educational preparation at the university or college level or experience which provided an equivalent theoretical grounding.

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

§ 10-20.1-1305            General Work Characteristics

 

Determination of whether a job is professional may be facilitated by verification of the following characteristics in the work:

 

(a)        It is predominantly intellectual and varied in character (as opposed to more routinized mental, or manual or mechanical activities);

 

(b)        It involves the consistent exercise of discretion and judgment in its performance;

 

(c)        It is of such a character that the output produced or the result accomplished cannot be fully standardized in relation to a given period of time; and

 

(d)       It requires knowledge of an advanced type in a field of study customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning (as distinguished from general academic education or from an apprenticeship or specific training in the performance of concrete or routine mental or physical processes).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

§ 10-20.1-1310            Worker Functions and Traits

 

A “professional” job is further characterized by a requirement for the following worker functions and traits:

 

(a)        Worker Functions (what workers do, and the level of its complexity, in relations to data and other people).

(1)        Data. (Information, knowledge, and conceptions, related to data, people, or things, resulting from observation, investigation, interpretation, visualization, and mental creation. Data are intangible and include numbers, words, symbols, ideas, concepts and oral verbalizations). Specific professional functions, in relation to data, include:

(i)         Synthesization: Integration of analysis of data to discover facts and/or develop knowledge, concepts or interpretations.

(ii)        Coordination: Determination of time, place, and sequence of operations or action to be taken on the basis of analysis of data, and execution of determinations and/ or reporting on events.

(iii)       Analysis: Examination and evaluation of data, and frequent presentation of alternative actions in relation to the evaluation.

(2)        People (relationships with other human beings). Specific professional, activities, in relation to people, include:

(i)         Mentoring: Dealing with individuals in terms of their total personality in order to advise, counsel and/or guide them with regard to problems that may be resolved by legal, scientific, clinical, spiritual, and/or other professional principles.

(ii)        Negotiation: Exchange of ideas, information, and opinions with others to formulate policies and programs and/or to arrive jointly at decisions, conclusions, or solutions.

(iii)       Instructing: Teaching professional subject matter to others, through explanation, demonstration, and supervised practice.

 

(b)        Worker Traits (Characteristics and abilities required of a worker for average, successful job performance).

(1)        Professional work involves a high level of intelligence, and a high degree of verbal aptitude or numerical aptitude. A professional job requires reasoning development as specified in level 1 or 2 below and abilities at one or more of the specified levels in mathematical or language development.

(2)        Reasoning Development, with two component levels:

(i)         Level 1 -- Apply principles of logical or scientific thinking to a wide range of intellectual and practical problems; deal with non-verbal symbolism (formulas, scientific operations, graphs, musical notes, etc.) in its most difficult phases; deal with a variety of abstract and concrete classes of concepts.

(ii)        Level 2 -- Apply principles of logical or scientific thinking to define problems, establish facts, and draw valid conclusions; interpret an extensive variety of technical instructions in books, manuals, and mathematical or diagrammatic form; and deal with several abstract and concrete variables.

(3)        Mathematical Development, with two relevant components levels.

(i)         Level 1

(A)       Advanced Calculus: Work with limits, continuity, real number systems, mean value theorems, implicit function theorems.

(B)       Modern Algebra: Apply fundamental concepts of theories of groups, rings, and fields. Work with differential equations, linear algebra infinite series, advanced operational methods, functions of real and complex variables.

(C)       Statistics: Work with mathematical statistics, mathematical probability and applications, experimental design, statistical inference, econometrics.

(ii)        Level 2

(A)       Algebra: Work with exponents and logarithms, linear equations, quadratic equations, mathematical induction, and binomial theorems permutations.

(B)       Calculus: Apply concepts of analytic geometry, differentiations, and integration of algebraic functions with applications.

(C)       Statistics: Apply mathematical operations to frequency distributions, reliability and validity of tests, normal curves, analysis of variance, correlation techniques, chi-squares application and sampling theory, factors analysis.

(4)        Language Development, with one component level.

(i)         Reading: Read literature, scientific and technical journals, abstracts, financial reports, and legal documents.

(ii)        Writing: Write editorials, journals, speeches, manuals, and critiques.  

(iii)       Speaking: Conversant in the theory, principles and methods of effective and persuasive speaking, voice and diction, phonetics and discussion and debate.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: In subsection (b)(3)(i)(B), the Commission corrected the spelling of “functions.” The Commission inserted commas after the words “spiritual” in subsection (a)(2)(i), “information” and “conclusions” in subsection (a)(2)(ii), “rings” in subsection (b)(3)(i)(B), “induction” in subsection (b)(3)(ii)(A), “differentiations” in subsection (b)(3)(ii)(B), and “reports” in subsection (b)(4)(i) pursuant to 1 CMC § 3806(g).

 

Part 1400 -     Guidelines for Designating Work to Be Technical

 

§ 10-20.1-1401            Basic Definition

 

(a)        The “technical” group is composed of occupations which are concerned with the practical, mechanical, and/or support aspects of such fields of endeavor as engineering, mathematics, physical sciences, social sciences, medicine and health, education, library science, the arts, and certain administrative specialties (e.g., bookkeeping).

 

(b)        Occupations in the technical group require high school or post high school education (but less then* the baccalaureate level) or experience which provided an equivalent, specialized, grounding.

 

* So in original.

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

§ 10-20.1-1405            General Work Characteristics

 

Technical work exists on a continuum with professional work. In some cases, the continuum continues into clerical or blue collar work. Technical work is distinguished from these other kinds of work by the following characteristics:

 

(a)        It involves recurring mental activities (as opposed to varied intellectual or manual and mechanical activities );

 

(b)        It involves the exercise of discretion and judgment on an irregular basis which is constrained by predetermined and controlling professional considerations;

 

(c)        It is of such a character that the output produced or the results accomplished can usually be standardized in relation to a given period of time; and

 

(d)       It requires knowledge of semi-advanced type in a field of study customarily acquired by a post-high school course of study of methods and techniques.

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

§ 10-20.1-1410            Worker Functions and Traits

 

A “technical” job is further characterized by a requirement for the following worker functions and traits:

 

(a)        Worker Functions (what workers do, and the level of its complexity, in relation to data, other people, and things).

(1)        Data (information, knowledge, and conceptions, related to data, people, or things, resulting from observation, investigation, interpretation, visualization, and mental creation. Data are intangible and include numbers, words, symbols, ideas, concepts, and oral verbalizations). Specific technical functions, in relation to data, include:

(i)         Compilation: Gathering, collation, or classification of data. Reporting on and/or carrying out prescribed action in relation to the information is frequently involved. Does not include copying.

(ii)        Computation: Performance of arithmetic operations and reporting and/or carrying out a prescribed action in relation to them. Does not include counting.

(2)        People (relationships with other human beings). Specific technical activities, in relation to people, may include:

(i)         Instruction: Teaching subject matter to others, through explanation, demonstration, and supervised practice; or making recommendations on the basis of technical disciplines.

(ii)        Supervision: Determining or interpreting work procedures for a group of workers, assigning specific duties to them, maintaining harmonious relations among them, and promoting efficiency.

(iii)       Persuasion: Influencing others in favor of a product to convey or exchange information. Includes giving assignments and/or directions to helpers or assistants.

(3)        Things (relationship with inanimate objects, e.g., substances or materials, machines, equipment and products. A “thing” is tangible and has shape, form, and other physical characteristics). Specific technical activities, in relation to things, include:

(i)         Setting-up: Adjusting machines or equipment by replacing or altering tools, jigs, fixtures, and attachments to prepare them to perform their functions, change their performance, or restore their proper functioning if they break down.

(ii)        Precision Working: Using body members and/or tools or work aids to work, move, guide, or place objects or materials in situations where ultimate responsibility for the attainment of standards occurs and selection of appropriate tools, objects, or materials, and the adjustment of the tool to the task require exercise of considerable judgment.

(iii)       Operating - Controlling: Starting, stopping, controlling and adjusting the progress of a machine or materials as the work progresses.

 

(b)        Worker Traits (characteristics and abilities required of a worker for average, successful, job performance). A “technical” job requires average or better than average intelligence and average or better than average verbal, numerical, and/or spatial and form perception aptitudes. A “technical” job requires reasoning development as specified and, usually, abilities at one or more of the specified levels in mathematical or language development.

(1)        Reasoning Development, with one component level. Apply principle of rational system to solve practical problems and deal with a variety of concrete variables in situations where only limited standardization exists. Interpret a variety of instructions furnished in written, oral, diagrammatic, or schedule form.

(2)        Mathematical Development, with two component levels.

(i)         Level 1

(A)       Algebra: Deal with system of real numbers, linear, quadratic, rational, exponential, logarithmic, angle and circular functions, inverse function, related algebraic solution of equations and inequalities, limits and inequalities, limits and continuity, probability and statistical inference.

(B)       Geometry: Deductive, axiomatic geometry, plane and solid, using properties of real numbers, use of rectangular coordinates.

(C)       Shop Math: Practical application of fractions, percentages, ratios and proportion, measuration, logarithms, slide rule, algebra, geometric construction, essentials of trigonometry.

(ii)        Level 2:

(A)       General Mathematics: Compute discount, interest, profit and loss, commission, mark up and selling price, ratio and proportion, and percentage. Circulate surfaces, volumes, weights, and measures.

(B)       Algebra: Calculate variables and formulas, monomials and polynomials, ratio and proportion variables, square roots, and radicals.

(C)       Geometry: Calculate plane and solid figures, circumference and area, volume. Understand kinds of angles, and properties of pairs of angles.

(3)        Language Development, with one component level.

(i)         Reading: Read newspapers, periodicals, journals, manuals, dictionaries, thesauruses, and encyclopedias.

(ii)        Writing: Expositions, summaries, reports, requiring composition and conforming to all rules of punctuation, grammar, diction, and style.

(iii)       Speaking: Participate in panel discussion and debates. Speak extemporaneously on a variety of subjects.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: In the opening paragraph of subsection (a), the Commission changed “date” to “data” to correct a manifest error. In subsection (a)(1)(i), the Commission corrected the spelling of “relation.” The Commission also corrected the spelling of “performance” in subsection (b). In subsection (b)(1), the Commission corrected the spelling of “diagrammatic.” The Commission inserted commas after the words “people” in subsection (a), “concepts” in subsection (a)(1), “collation” in subsection (a)(1)(i), “fixtures” in subsection (a)(3)(i), “guide” in subsection (a)(3)(ii), “diagrammatic” in subsection (b)(1), “weights” in subsection (b)(2)(ii)(A), “roots” in subsection (b)(2)(ii)(B), and “diction” in subsection (b)(3)(ii) pursuant to 1 CMC § 3806(g).

 

Part 1500 -     Guidelines for Designating Work to Be Clerical

 

§ 10-20.1-1501            Basic Definition

 

(a)        The “clerical” group is composed of occupations concerned with the orderly processing and maintenance of the office communications and records, supplies and materials, of an office, an activity or group of activities, or a program or group of programs, and to thereby facilitate the transactions and operations of such entities. Included are the recording, transferring, transcribing, checking, systematizing, summarizing, filing, and preserving of communications and operational and activity records in support of technical, professional, administrative, and management operations.

 

(b)        Occupations in the clerical group require, at a minimum, high school education in spoken and/or written English or comparable education in mathematics.

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

Commission Comment: The Commission inserted commas after the words “filing” and “administrative” in subsection (a) pursuant to 1 CMC § 3806(g).

 

§ 10-20.1-1505            General Work Characteristics

 

(a)        Clerical work is normally performed within a framework of directly applicable policies, regulations, standard methods and procedures, and instruction. These guidelines specify, at a minimum, the nature of the records required and the flow of documents into and out of the organization.

 

(b)        Clerical work is characterized by the predominant performance of one or more of the following activities:

(1)        Maintaining files and records.

(2)        Receiving, posting to, and checking documents.

(3)        Searching files and compiling data.

(4)        Providing various, usually general and limited technical, information on operations and transactions orally and by correspondence.

(5)        Transmitting, mailing, and delivering records, correspondence and other documents.

(6)        Screening callers and organizing the work of an administrator or office.

(7)        Receiving, storing, issuing, shipping, requisitioning, and accounting for supplies and materials in storage and use.

(8)        Operating various office machines.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

In subsection (a), the Commission corrected the spelling of “guidelines.” The Commission inserted a comma after the word “mailing” in subsection (b)(5) pursuant to 1 CMC § 3806(g).

 

§ 10-20.1-1510            Worker Functions and Traits

 

A “clerical” job is further characterized by a requirement for the following worker functions and traits:

 

(a)        Worker Functions (what workers do, and the level of its complexity, in relation to data, or other people and things).

(1)        Data (information, knowledge and conceptions, related to data, people or things, resulting from observation, investigation, interpretation, visualization, and mental creation. Data are intangible and include numbers, words, symbols, ideas, concepts, and oral verbalizations). Specific clerical functions in relation to data, include:

(i)         Compiling: Gathering, collating, or classifying information in an orderly manner. Reporting and/or carrying out a prescribed action in relation to the information is frequently involved. (Does not involve making analytical judgments or questioning the “why” of the facts.)

(ii)        Computing: Performing arithmetic operations and reporting and/or carrying out a prescribed action in relation to them. (Does not include counting.)

(iii)       Copying: Transcribing, entering, or posting data from one record or source to another. (Does not include appraising or ordering data.)

(iv)       Comparing: Judging readily observable, functional, structural, or compositional characteristics (the external attributes) of data, people or things to determine whether they are similar to and/or match an obvious standard. (e.g., Are two names or numbers identical? Is an envelope larger than 4” X 12”? Do all articles have a date stamp or signature?)

(2)        People (relationships with other human beings). Specific clerical activities, in relation to people, include:

(i)         Instructing: Teaching work activities to others through lecture, demonstration, and supervised practice.

(ii)        Supervising: Determining or interpreting work procedures for a group of workers, assigning specific duties to them, maintaining harmonious relations among them, and promoting efficiency.

(iii)       Persuading: Influencing others in favor of a product, service, or point of view.

(iv)       Speaking - Signaling: Talking with and/or signaling people to convey or exchange information. Includes giving assignments and/or directions to helpers or assistants.

(v)        Serving: Attending to the needs or requests of people or the expressed or implicit wishes of the people (immediate response is involved).

(vi)       Taking instructions/helping: Attending to the work assignments, instructions, or orders of a supervisor.

(vii)      NOTE: These “people” activities are not in an invariable, hierarchical order.

(3)        Things: (Relationship with inanimate objects, e.g., substances or materials, machines, equipment, and products. A “thing” is a tangible and has shape, form, and other physical characteristics.) Specific clerical activities, in relation to things, include:

(i)         Operating - Controlling: Starting, stopping, controlling, and adjusting the progress of a machine or materials as the work progresses.

(ii)        Tending: Starting, stopping and observing the functioning of machines or equipment. May involve some adjustments, e.g., changing guides, which require little judgment or knowledge of the internal processes of the machine.

(iii)       Feeding: Inserting or placing materials in, or removing them from, machines or equipment which are automatic or tended by others.

(iv)       Handling: Moving or carrying objects or materials. Little or no judgment is used in selecting material or tool in attainment of a standard. (e.g., bundles, newspapers, weighs letters)

 

(b)        Worker Traits: (Characteristics and abilities required of a worker for average, successful job performance. Clerical work involves reasoning, mathematical or language development at one or more of the following levels:

(1)        Reasoning Development:

(i)         Level 1 - Apply principles of rational systems to solve practical problems and deal with a variety of concrete variables in situations where only limited standardization exists. Interpret a variety of instructions in written, oral, or schedule form. An example of a “rational system” is a bookkeeping system. (e.g., schedules appointments based on information elicited from caller and knowledge of functions of office workers and length of time to accommodate cases of that type).

(ii)        Level 2 - Apply common sense understanding to carry out instructions furnished in written, oral or schematic form. Deal with problems involving several concrete variables in or from standardized situations. (e.g., operates switchboard, greets callers and announces to worker, records and delivers messages, accepts orders, etc.)

(iii)       Level 3 - Apply common sense understanding to carry out detailed but uninvolved written or oral instructions. Deal with problems involving a few concrete variables in or from standardized situations. (e.g., delivers messages and other items to a variety of locations)

(2)        Mathematical Development, with two relevant component levels.

(i)         Level 1:

(A)       Algebra: Calculate variables and formulas; ratio and proportion variables (e.g., compute discount, interest, profit and loss, compute wages).

(B)       Geometry: Calculate circumference, area, and volume.

(ii)        Level 2: General Mathematics: Add, subtract, multiply, and divide all units of measure with whole or decimal fractions. Compute ratios, rates, and percent.

(3)        Language Development, with four component levels.

(i)         Level 1:

(A)       Reading: Read newspaper, periodicals, dictionaries, thesauruses, manuals.

(B)       Writing: Write reports and business letters requiring composition and conforming to all rules of punctuation and grammar.

(C)       Speaking: Participate in business interchanges (e.g., questions applicants to obtain general and specific information).

(ii)        Level 2:

(A)       Reading: Read newspapers, rules and regulations, instructions in the use of office machines, incoming correspondence to determine specific nature of request.

(B)       Writing: Write brief business letters (e.g., transmittal letters), following prescribed formats and using proper grammar, punctuation, and spelling.

(C)       Speaking: Speak to others using correct English (e.g., answers questions on office activities).

(iii)       Level 3:

(A)       Reading: Read office procedures, incoming correspondence to determine correct office.

(B)       Writing: Complete formletters, forms.

(C)       Speaking: Speak clearly and answers simple factual questions (e.g., answers questions on office hours and locations).

(iv)       Level 4:

(A)       Reading: Compare similarities and differences between names, words, and series of numbers.

(B)       Writing: Post names and addresses.

(C)       Speaking: Speaking simple sentences.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: In subsection (b)(1)(i), the Commission corrected the spelling of “schedules,” “elicited,” and “accommodate.” The Commission inserted commas after the words “concepts” in subsection (a)(1), “collating” in subsection (a)(1)(i), “structural” in subsection (a)(1)(iv), “demonstration” in subsection (a)(2)(i), “service” in subsection (a)(2)(iii), “equipment” in subsection (a)(3), “controlling” in subsection (a)(3)(i), “area” in subsection (b)(2)(i)(B), “multiply” and “rates” in subsection (b)(2)(ii), “punctuation” in subsection (b)(3)(ii)(B), and “words” in subsection (b)(3)(iv)(A) pursuant to 1 CMC § 3806(g).

 

Part 1600 -     Guidelines for Designating Work to Be Blue Collar

 

§ 10-20.1-1601            Basic Definition

 

(a)        The “blue collar” group is composed of occupations concerned with the performance of trades, crafts, skilled, unskilled or semi-skilled manual labor positions. Blue collar occupations are concerned primarily with manual work. Manual work is the application of physical effort in the manipulation of tools, machinery, equipment, materials, and other physical objects.

 

(b)        The “blue collar” group also includes those positions such as foremen and inspectors who have trades, crafts or laboring experience as a primary requirement.

 

(c)        Occupations in the blue collar group require, at a minimum, the ability to follow instructions and perform manual work. Others require, in addition, a progressive knowledge of physical work processes and the use and care of equipment, machinery and tools, learned-on- the-job, through apprentice programs and/or in technical/vocational schools.

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (c). The Commission inserted a comma after the word “materials” in subsection (a) pursuant to 1 CMC § 3806(g).

 

§ 10-20.1-1605            General Work Characteristics

 

(a)        Although blue collar occupations are characterized by the performance of manual work, the presence of manual work in a position does not, in itself, denote a blue collar position. Further, nearly all manual work requires, in some degree, non-physical effort such as thinking, application knowledge of proper methods, and the use of judgment; the presence of such elements in manual work does not, in itself, exclude a position from the blue collar group.

 

(b)        Blue collar work distinguished from other kinds of work by the following characteristics:

(1)        The paramount duties or responsibilities of the position (i.e., the reason the position exists) involve the performance of physical or manual work.

(2)        The paramount duties and responsibilities have, as a paramount requirement, physical work knowledge and experience (as opposed to duties which involve physical work but have as a paramount requirement for their performance knowledge and experience of a scientific, technical, clerical or artistic nature).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

§ 10-20.1-1610            Worker Functions and Traits

 

A “blue collar” job is further characterized by a requirement for the following worker functions and traits:

 

(a)        Worker Functions (what workers do, and the level of its complexity, in relation to data, other people and things).

(1)        Data (information, knowledge and conceptions, related to data, people, or things, resulting from observation, investigation, interpretation, visualization, and mental creation. Data are intangible and include numbers, words, symbols, ideas, concepts, and oral verbalizations). Specific non-supervisory blue collar functions in relation to data, include:

(i)         Comparison: Judging the readily observable, functional, structural, or compositional characteristics (the external attributes) to determine whether they are identical and/or match an obvious standard (e.g., examines loaded truck to determine that materials are braced and secured, checks restrooms to insure that floors and fixtures are clean and in operating condition).

(ii)        NOTE: It is not unusual for certain worker level blue collar positions to be assigned auxiliary clerical functions involving compilation and computation (e.g., performing arithmetic operations to determine the amount of parts on hand and summarize reorders needed on requisitions); or copying (e.g., recording odometer reading and amount of gas and oil used during refueling in vehicle log book); or to perform auxiliary technical functions which involve analyzing (e.g., studies blue print to determine construction or repairs needed). Such activities in blue collar positions are supportive of the primary function of the position which is to perform a physical task.

(2)        People (relationships with other human beings.) Specific blue collar activities, in relation to people, include:

(i)         Instructing: Teaching work activities to others through explanation, demonstration, and supervised practice.

(ii)        Supervising: Determining or interpreting work procedures for a group of workers, assigning specific duties to them, maintaining harmonious relations among them, and promoting efficiency.

(iii)       Speaking-signaling: Talking with and/or signaling people to convey or exchange information. Includes giving assignments and/or directions to helpers or assistants.

(iv)       Serving: Attending to the needs or requests of people or the expressed or implicit wishes of people (immediate response is involved).

(v)        Taking instructions/helping: Attending to the work assignments, instructions, or orders of a supervisor.

(vi)       NOTE: These “people” activities are not in an invariable, hierarchical, order.

(3)        Things (relationships with inanimate objects, e.g., substances or materials, machines, equipment, and products. A “thing” is tangible and has shape, form, and other physical characteristics). Specific activities in relation to things, include:

(i)         Setting up: Adjusting machine or equipment by replacing or altering tools, fixtures, and attachments to prepare them to perform their functions, change their performance, or restore their proper functioning if they break down.

(ii)        Precision-working: Using body members and/or tools or work aids to work, move, guide, or place objects or materials in situations where the worker has responsibility for the attainment of standards and where selection of appropriate tools and their adjustment to the task require the exercise of judgment, e.g., diagnoses electrical malfunctions, using test lights, odometers, voltmeters, circuit simulators, and wiring diagrams.

(iii)       Operating-controlling: Starting, stopping, controlling, and adjusting the progress of a machine or materials as the work progresses, e.g., regulates flow and pressure of gas from mains to fuel feed lines of gas-fired boilers or furnaces and related steam generating or heating equipment. Opens and closes valves to supply fuel or reduce pressure.

(iv)       Driving-operating: Starting, stopping, and controlling the actions of machines or equipment for which a course must be steered, or which must be guided in order to fabricate, process, and/or move things or people.

(v)        Manipulating: Using body members, tools, or special devices to work, move, guide, or place objects or materials. Involves some latitude with regard to precision attained and selections of appropriate tools, although this is readily manifest, e.g., attaches cables to buildings, installs supports, cuts or drills holes in walls through which cables are extended using wrenches, pliers, screwdrivers, saws, and drills.

(vi)       Tending: Starting, stopping and observing the functioning of machines or equipment. May involve some adjustments, e.g., changing guides, which require little judgment or knowledge of the internal processes of the machine.

(vii)      Feeding: Inserts or places materials in, or removes them from, machines or equipment which are automatic or tended by other.

(viii)     Handling: Moves or carries objects or materials. Little or no judgment is used in selecting materials or tools or in attainment of a standard. (e.g., bundles newspapers, weighs letters.)

 

(b)        Worker Traits: (characteristics and abilities required of a worker for average, successful job performance). Blue collar work involves varying requirements for general intelligence and sometimes an average or better then* average mathematical development. Blue collar work usually involves reasoning, mathematical, or language development to one or more of the following levels:

(1)        Reasoning Development.

(i)         Level 1: Apply principles of rational systems to solve practical problems and deal with a variety of concrete variables in situations where only limited standardization exists. Interpret a variety of instructions in written, oral, or schedule form. An example of a “rational system” is an electrical wiring system (e.g., plans layout and installs and repairs wiring of electrical fixtures and control equipment. Plans new or modified installations according to specifications and electrical codes).

(ii)        Level 2: Apply common sense understanding to carry out instructions furnished in written, oral or schematic form. Deals with problems involving several concrete variables in or from standardized situations. (e.g., installs and adjusts TV receivers and antennas in residential units. Selects antenna according to type of set and location of transmitting stations. Secures antenna in place and adjusts for best picture reception).

(iii)       Level 3: Apply common sense understanding to carry out detailed but uninvolved written or oral instructions. Deals with problems involving a few concrete variables in or from standardized situations. (e.g., delivers messages and other items to a variety of locations).

(iv)       Level 4: Apply common sense understanding to carry out simple one or two-step instructions. Deal with standardized situations with occasional or no variation. (e.g., marks identifying information on containers or articles by stenciling or applying preprinted labels).

(2)        Mathematical Developments, with three relevant component levels.

(i)         Level 1:

(A)       Algebra: Calculate variables and formulas, ratio and proportion variables.

(B)       Geometry: Calculate circumference, area, and volume.

(ii)        Level 2: Add, subtract, multiply, and divide all units of measure with whole or decimal fractions. Compute ratios, rates, and percent. (e.g., measures, marks, and cuts carpeting and linoleum with knife to get maximum number of usable pieces form standard size rolls, following floor dimensions or diagrams)

(iii)       Level 3: Add and subtract two digit numbers (e.g., counts items to verify amount specified on work order).

(3)        Language Development, with three component levels.

(i)         Level 1:

(A)       Reading: Read safety rules, instructions on the use of shop tools and equipment.

(B)       Writing: Writes brief reports if work activities, i.e., using proper grammar, punctuation, and spelling.

(C)       Speaking: Speaks to others using correct English. (e.g., discusses equipment malfunction and repairs as required).

(ii)        Level 2:

(A)       Reading: Reads work unit procedures.

(B)       Writing: Fills out time sheets, forms.

(C)       Speaking: Speaks clearly and answers simple factual questions (e.g., questions on office hours and locations).

(iii)       Level 3:

(A)       Reading: Compare similarities and differences between names, words, and series of numbers.

(B)       Writing: Post names and addresses.

(C)       Speaking: Speak simple sentences.

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: In subsection (a)(1)(i), the Commission corrected the spelling of “auxiliary” and “arithmetic.” In subsection (a)(2)(ii), the Commission corrected the spelling of “efficiency.” In subsections (a)(3) and (a)(3)(v), the Commission corrected the spelling of “activities” and “regard.” In subsections (b)(1)(iii) and (b)(2)(i)(A), the Commission corrected the spelling of “messages” and “calculate.” The Commission inserted commas after the words “concepts” and “people” in subsection (a)(1), “structural” in subsection (a)(1)(i), “them” in subsection (a)(2)(ii), “equipment” in subsection (a)(3), “fixtures” in subsection (a)(3)(i), “simulators” in subsection (a)(3)(ii), “controlling” in subsection (a)(3)(iii), “process” in subsection (a)(3)(iv), “guide” and “saws” in subsection (a)(3)(v), “mathematical” in subsection (b), “area” in subsection (b)(2)(i)(B), “multiply” and “rates” in subsection (b)(2)(ii), “punctuation” in subsection (b)(3)(i)(B), and “word” in subsection (b)(3)(iii)(A) pursuant to 1 CMC § 3806(g).

 

Part 1700 -     Evaluation Factors

 

§ 10-20.1-1701            Introduction

 

(a)        The following breakdown of evaluation factors should be used as tools for

(1)        Systematic position analysis and

(2)        The comparative evaluation of classes.

 

(b)        They are the means of understanding and defining the responsibility and degree of complexity of work characteristics of a position and class of positions. Questions have been included under the general definition of each factor to assist the analyst in identifying the significant aspects of the work of the position/class in each area.

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: This provision was a forward to the original Part 1700. See 7 Com. Reg. at 3541. The Commission designated it § 10-20.1-1701 and created the section title. The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

§ 10-20.1-1705            Nature and Variety of Work

 

This factor embraces both the nature and variety of the subject matter. Under “nature,” consider the kind of work performed as shown by such elements as the subject matter, function, profession, or occupation involved; the mental or physical processes used in performing the work; and the skills, knowledge, and techniques applied. Under “variety,” consider the inherently different kinds of work included in the position as reflected by the essentially different kinds of knowledge, skills, abilities, and techniques applied in performance of the work.

 

(a)        What is the purpose of the work? Service? Production? Supervision? Administration?

 

(b)        What kinds of assignments are involved? Consider the complexity and variety of assignments.

 

(c)        At the time the work is received by the incumbent, what has already been done to it and what happens to it after it leaves him?

 

(d)       What methods and techniques are used in performing the work? To what extent are the procedures repetitive?

 

(e)        What essentially different skills, knowledge, personal attributes, or special techniques are needed for the tasks performed and to what extent?

 

(f)        What machines, tools, and equipment are used regularly? What does the equipment do and what duties are involved in using it?

 

(g)        Does the work include different tasks at different points in an established cycle? Have all duties regularly performed during the work cycle been considered?

 

(h)        To what extent is the incumbent responsible for planning his own work and the methods to be used?

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: In the opening paragraph, the Commission corrected the spelling of “shown” and “involved,” and changed the word “knowledges” to “knowledge.” In subsection (d), the Commission corrected the words “performing” and “the.” In subsection (e), the Commission changed “knowledges” to “knowledge.” The Commission inserted commas after the words “knowledge” and “abilities” in the initial paragraph and “tools” in subsection (f) pursuant to 1 CMC § 3806(g).

 

§ 10-20.1-1710            Nature of Supervisory Control Exercised Over the Work

 

(a)        This factor covers the nature and extent of deliberate, planned supervisory control exercised over the position, which limits the scope of work, the operations performed, and the nature and finality of decisions. For example, included are such item* as

(1)        The basis for selection of assignments of work,

(2)        Supervisor under whom the position operates, and

(3)        The extent and degree to which actions and decisions are restricted or limited, or are reviewed, e.g., by a thorough review of all cases; by periodic reports of work; by examination of work results; by review of program for effectiveness in meeting objectives or for application of, or adherence, to policy.

 

(b)        Are specific tasks defined and outlined? Are the work priorities determined by the supervisor? Are work methods and techniques explained for each assignment? Are other instructions provided? Are instructions provided only for certain kinds of assignments? What kinds of instructions are provided?

 

(c)        Does the work consist of the general run of assignments in the work unit or is the work restricted to the least or most difficult assignments?

 

(d)       Is the work reviewed during the execution of the assignment or after it has been completed?

 

(e)        What is the purpose of the review made of the work? Is the review technical or for administrative purposes?

 

(f)        Where is the supervisor located? Is the supervisor always available to aid the employee in any difficulties encountered in the work? If not, what kinds of standing instructions govern the work (see § 10-20.1-1715 below) or what special decisions must be made (see § 10-20.1-306)?

 

(g)        What kinds of situations or problems is the employee expected to refer to the supervisor?

 

(h)        What final actions does the employee take that are not reviewed?

 

* So in original.

 

Modified, 1 CMC § 3806(c), (f).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The Commission designated the opening paragraph subsection (a) and redesignated subsections (b) through (h) accordingly.

 

§ 10-20.1-1715            Nature of Available Guidelines for Performance of Work

 

This factor relates to those guides which control or influence performance of the work of the position, i.e., the extent to which performance of the work is guided by rules, regulations, manuals of instructions procedures, prescribed work practices, precedents, principles, policies, or other written or unwritten instructions or methods. This factor is important in reflecting the degree to which these guides apply to the work, or require interpretation, adaptation, or deviation. Also, important is the extent to which guides must be followed precisely and the consequences of error.

 

(a)        What regulations, procedures, manuals, precedents, unwritten guides, or other such guides are used in the work? How extensive are the guides? Must they be committed to memory? To what extent is the performance of the total job guided by these written or unwritten rules, regulations, manuals of instruction, prescribed work practices, specific instruction, etc.?

 

(b)        Are several different guides or approved courses of action applicable to the same situation? Who is responsible for selecting the most appropriate course of action?

 

(c)        To what degree can the employee deviate from standard guides, methods, etc.?

 

(d)       What would happen if the employee did not follow the correct guide?

 

(e)        What is the significance of an error? Does it involve many people or large sums of money? How difficult is it to correct?

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The Commission inserted commas after the words “policies” in the initial paragraph and “guides” in subsection (a) pursuant to 1 CMC § 3806(g).

 

§ 10-20.1-1720            Originality Required

 

This factor reflects the amount of inventive, imaginative, and creative abilities required in the position. It is important to consider the extent to which the work requires that new or previously unused plan, approaches, solutions, or methods, be developed or that deviations be made from standard work practices, methods, plans, or procedures. The resourcefulness, ingenuity, and ability to innovate which is required in the solving of new problems or the solving of old problems in new ways is the crux of this factor.

 

(a)        What parts of the work performed are not governed by rules, established procedures, precedents, or reference to others?

 

(b)        Is the employee required to modify standard practices? To what extent and what knowledge and abilities are required?

 

(c)        Is the employee required to develop new or revised work techniques, procedures or methods of operations?

 

(d)       Is the employee required to develop new or improved programs?

 

(e)        How often do these situations arise?

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: In the opening paragraph, the Commission corrected the spelling of “resourcefulness,” and changed “new problems are the solving of old problems” to “new problems or the solving of old problems” to correct manifest errors. The Commission inserted commas after the words “imaginative,” “plans,” and “ingenuity” in the initial paragraph pursuant to 1 CMC § 3806(g).

 

§ 10-20.1-1725            Purpose and Nature of Person-to-Person Work Relationships

 

(a)        This factor includes the “what, why, how, and with whom” of relations maintained with other persons (not in the supervisory chain), within or outside the agency, e.g.,

(1)        For giving or securing information,

(2)        For providing services,

(3)        While performing administrative services,

(4)        For explaining policies or methods,

(5)        For interpreting programs, plans, or individual actions, or

(6)        For maintaining coordination of activities or programs, and

(7)        For securing cooperation or acceptance, or for settling controversies by means of-personal contacts.

 

(b)        With whom are contacts maintained?

 

(c)        What is the purpose of these contacts? Obtaining/providing factual information? Securing cooperation?

 

(d)       Are contacts maintained on a person-to-person basis? Do they involve developing and maintaining relationships with an organized group and the members of the group?

 

Modified, 1 CMC § 3806(f).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The Commission designated the opening paragraph subsection (a) and redesignated subsections (b) through (d) accordingly. The Commission inserted commas after the words “how” in subsection (a) and “plans” in subsection (a)(5) pursuant to 1 CMC § 3806(g).

 

§ 10-20.1-1730            Nature and Scope of Recommendations, Decisions, Commitments and Conclusions

 

This factor considers the questions, problems, or types of cases on which recommendations, decisions, commitments and conclusions are made. It involves the kind and/or subject matter or recommendations; for example, concerning courses of action to be followed affecting operations, plans, programs, methods, or policies. It also involves the level of responsibility and the nature of the consequences of such actions in terms of the degree of finality of such judgments or action. The finality is usually measured by such criteria as instructions, delegated authority, and review of supervisors. The nature and scope of recommendations, decisions, commitments, and conclusions should be considered. Consider such questions as:

 

(a)        What kind of recommendations does the employee make?

 

(b)        What kind of decisions does the employee make?

 

(c)        How frequently do problems arise which require these recommendations or decisions?

 

(d)       Are such recommendations or decisions subject to review? By whom? For what purpose is the review? Before or after action is taken?

 

(e)        What action can the employee take or what statements can he make?

 

(f)        What regulations, policies, statutes, or orders limit the employee’s authority in making such recommendations?

 

(g)        What are the consequences of error?

 

(h)        Do the actions taken affect only the case involved or will they establish precedents for similar cases?

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: In the opening paragraph, the Commission corrected the spelling of “conclusions” and changed the comma after “methods or policies” to a period to correct a manifest error. The Commission inserted commas after the words “commitments” and “methods” in the initial paragraph pursuant to 1 CMC § 3806(g).

 

§ 10-20.1-1735            Nature and Extent of Supervisory Control Over the Work of Other Employees

 

This factor relates to the nature and extent of the supervision the incumbent exercises when he fills the job adequately. Under “nature,” consider the kinds of supervisory responsibilities present, consider whether a satisfactory incumbent exercises any control over such matters as policies, objectives, plans, volume and flow of work, personnel and administrative services, assignments, work methods, employee training and instruction, coordination and production, and results. Under “extent,” consider the types of supervisory actions performed as limited by place in the organization and by performance as required by such elements as difficulty of work, variety of functions, and complexity and size of the organization supervised.

 

(a)        If the employee’s subordinates staff is divided into smaller units, what kinds of units are they? Who are the unit supervisors? How many and what kind of subordinates do the unit supervisor have?

 

(b)        Does the employee plan what work is to be done by his staff or is he primarily concerned with planning the ways in which to accomplish the work?

 

(c)        Is the employee primarily concerned with seeing that the orders issued by someone else are carried out or is he responsible for originating and issuing orders? How does he do this?

 

(d)       Does he determine work methods and make work assignments?

 

(e)        What responsibilities does the employee have in respect to selecting and training new employees?

 

(f)        How does the employee review the work of his subordinates? What is the purpose of the review? Does he make changes in work assignments, etc., as a result of the review? Does he prepare job performance ratings? Does he discipline subordinates?

 

(g)        Does the employee approve or recommend unscheduled leave requests of his subordinates? Does he approve or recommend leave schedule for the unit?

 

(h)        Does the employee initiate or recommend re-allocations or promotions of subordinates?

 

(i)         Does the employee interview and select or recommend the selection of new staff?

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: In the opening paragraph, the Commission corrected the spelling of “difficulty.”

 

§ 10-20.1-1740            Knowledge and Abilities Required

 

(a)(1)   This factor includes the knowledge, abilities, and other qualifications required for adequate performance of the work. This includes such things as a specialized field of knowledge, such as law, or a particular skill requirement, such as typing. These requirements should reflect the other seven factors, and the degree of difficulty of the duties and the weight of the responsibilities of an individual position or class can be approached indirectly by ascertaining and considering the qualifications necessary to perform the work.

(2)        The qualification standards of an individual position or class may be determined either by direct interview in the same manner as any facts are gathered (except that opinions are also covered); by review of documents such as position descriptions; by inference from the duties and responsibilities of the position or class concerned; by inquiry as to past, present, and possible future recruiting practices; and by inquiring as to the classes from which promotions are made to the position or class in question.

(3)        The analyst should carefully guard against confusing the minimum qualifications requirements of a position or class with the actual qualifications possessed by or lacking in some particular employees or applicants, or with the unsupported preference of management official.

 

(b)        What are the knowledge and abilities required for the performance of the duties assigned?

 

(c)        What is the minimum educational requirement necessary to efficiently perform the work? Why is this type of education necessary?

 

(d)       What is the minimum experience necessary to efficiently perform the work? (Consider the kind of experience required and why. Also the minimum number of years of experience and why). Can experience be substituted for the required education? Why? Why not?

 

(e)        Will the minimum educational and experience requirements assure possession of the required knowledge and skills?

 

(f)        Is there a license or certificate required?

 

(g)        What are the physical requirements for this position? For example, is the strength for heavy lifting required? Can a blind person do the job?

 

Modified, 1 CMC § 3806(g).

 

History: Adopted 7 Com. Reg. 3726 (July 22, 1985); Proposed 7 Com. Reg. 3500 (Apr. 16, 1985).

 

Commission Comment: The Commission designated the opening paragraph subsections (a)(1) through (a)(3) and redesignated subsections (b) through (g) accordingly.

 

In subsections (a)(1), (b) and (e), the Commission changed “knowledges” to “knowledge.” In subsection (b), the Commission corrected the spelling of “necessary.” The Commission inserted commas after the words “abilities” in subsection (a)(1) and “present” in subsection (a)(2) pursuant to 1 CMC § 3806(g).

 


SUBCHAPTER 10-20.2

PERSONNEL SERVICE SYSTEM RULES AND REGULATIONS

 


Part 001          General Provisions; Purpose and Scope

§ 10-20.2-001  Purpose

§ 10-20.2-005  Policy

§ 10-20.2-010  Coverage

§ 10-20.2-015  Scope

§ 10-20.2-020  Eligibility for Employment

 

Part 100          Organization for Personnel Management

§ 10-20.2-101  Personnel Management

§ 10-20.2-105  The Personnel Officer

§ 10-20.2-110  The Civil Service Commission

 

Part 200          Staffing

§ 10-20.2-201  Introduction

Subpart A        Examinations

§ 10-20.2-202  General

§ 10-20.2-203  Competitive Examinations

§ 10-20.2-204  Non-competitive Examinations

§ 10-20.2-205  Examination Announcements

§ 10-20.2-206  Publicity

§ 10-20.2-207  Content of Examinations

§ 10-20.2-208  Continuous Examinations

§ 10-20.2-209  Admissions to Examinations

§ 10-20.2-210  Disqualification of Applicants

§ 10-20.2-211  Notification of Acceptance for Assembled Examination

§ 10-20.2-212  Conduct of Assembled Examinations

§ 10-20.2-213  Cancellation of Examinations

§ 10-20.2-214  Rating of Examinations

§ 10-20.2-215  Reviews of Examination Results

§ 10-20.2-216  Changes in Rating

§ 10-20.2-217  Establishment of Eligible Lists

§ 10-20.2-218  Certification from Eligible Lists

§ 10-20.2-219  Procedure When Eligibles Are Required

§ 10-20.2-220  Removal of Names from Eligible Lists

§ 10-20.2-221  Selective Certification

§ 10-20.2-222  Use of Eligible Lists

§ 10-20.2-223  Duration of Eligible Lists

§ 10-20.2-224  Order of Use of Eligible Lists

§ 10-20.2-225  Reemployment Priority List

Subpart B        Positions and Appointments

§ 10-20.2-230  Types of Positions

§ 10-20.2-231  Permanent Position

§ 10-20.2-232  Types of Appointments

§ 10-20.2-233  Pre-employment Condition Standards

§ 10-20.2-234  Administration of Physical and Medical Examinations

§ 10-20.2-235  Prohibited Actions

§ 10-20.2-236  Reemployment

§ 10-20.2-237  Orientation

Subpart C        Merit Promotion Program

§ 10-20.2-240  Policy

§ 10-20.2-241  Definitions

§ 10-20.2-242  Scope and Coverage

§ 10-20.2-243  Areas of Consideration

§ 10-20.2-244  Methods of Locating Candidates

§ 10-20.2-245  Transfer

§ 10-20.2-246  Qualification Standards

§ 10-20.2-247  Conditions of Employment

§ 10-20.2-248  Evaluation Process

§ 10-20.2-249  Evaluation Measures

§ 10-20.2-250  Selection Procedure

§ 10-20.2-251  Information to Employees

§ 10-20.2-252  Employee Questions and Complaints

§ 10-20.2-253  Review of Promotion Program

Subpart D        Suspensions, Separations, and Demotions

§ 10-20.2-255  General

§ 10-20.2-256  Separations Not Involving Personal Cause

§ 10-20.2-257  Furloughs, Suspensions, Separations for Personal Cause, and Demotions for Disciplinary Reasons (Adverse Actions)

Table 200-1     Steps for an Adverse Action

Subpart E Reduction-in-force (RIF)

§ 10-20.2-260  General

§ 10-20.2-261  Policy

§ 10-20.2-262  Coverage

§ 10-20.2-263  Reduction-in-force Planning

§ 10-20.2-264  Competitive Processes

§ 10-20.2-265  Limitations on Competition

§ 10-20.2-266  Tenure Groups

§ 10-20.2-267  Furlough and Separation

§ 10-20.2-268  Vacant Positions

§ 10-20.2-269  Assignment Rights (Bumping)

§ 10-20.2-270  Transfer of Function

Subpart F        Employee Appeals

§ 10-20.2-275  General

§ 10-20.2-276  Rights of the Parties

§ 10-20.2-277  Employee Appeal

§ 10-20.2-278  Preparation for Hearing

§ 10-20.2-279  Appeal File

§ 10-20.2-280  Procedural Defects

§ 10-20.2-281  Status of Employee During Appeal

§ 10-20.2-282  Performance Rating Appeal

Subpart G        Grievance Procedure

§ 10-20.2-285  General

§ 10-20.2-286  Employee Coverage

§ 10-20.2-287  Grievance Coverage

§ 10-20.2-288  Matters Not Covered

§ 10-20.2-289  Freedom from Restraint

§ 10-20.2-290  Employee’s Right to Representation

§ 10-20.2-291  Role of the Civil Service Commission

§ 10-20.2-292  Employee’s Right to Seek Advice

§ 10-20.2-293  Informal Grievance Procedure

§ 10-20.2-294  Formal Grievance Procedure

 

Part 300          Position Classification and Compensation

Subpart A        Classification

§ 10-20.2-301  General

§ 10-20.2-302  Definitions

§ 10-20.2-304  Principles and Policy

§ 10-20.2-306  Responsibilities

§ 10-20.2-308  Position Planning

Subpart B        Compensation

§ 10-20.2-310  General

§ 10-20.2-312  Compensation Plan

§ 10-20.2-314  Periodic Review of Compensation Plan

§ 10-20.2-316  Establishing Salary upon Appointment

§ 10-20.2-318  Promotions

§ 10-20.2-320  Temporary Promotions

§ 10-20.2-322  “Acting” Assignment

§ 10-20.2-324  Detail

§ 10-20.2-326  Demotion

§ 10-20.2-328  Transfer

§ 10-20.2-330  Effect on Service Anniversary Date

§ 10-20.2-332 Reallocation/Reclassification of Position to Higher Pay

§ 10-20.2-334  Effective Date of Position Changes

§ 10-20.2-336  Within-grade Increases

§ 10-20.2-338  Workshops

§ 10-20.2-340  Overtime Compensation, Compensatory Time and Control

§ 10-20.2-342  Standard Work Week

§ 10-20.2-344  Use of Non-standard Work Week

§ 10-20.2-346  Holidays

§ 10-20.2-348  Merit Increase

§ 10-20.2-350  Premium Pay

§ 10-20.2-352  Approval of Premium Pay or Differentials

§ 10-20.2-354  Bar to Dual Compensation or Dual Employment

§ 10-20.2-356  Severance Pay

§ 10-20.2-358  Timekeepers

 

Part 400          Workplace Standards

Subpart A        Communications

§ 10-20.2-401  General

§ 10-20.2-402  Role of the Personnel Officer

Subpart B        Emotional and Mental Health

§ 10-20.2-404  General

§ 10-20.2-406  Policy on Emotional and Mental Health

§ 10-20.2-408  Action by Supervisors and Managers

§ 10-20.2-410  Action by Director of Personnel Management

§ 10-20.2-412  Further Actions

Subpart C        Alcohol and Drug Free Workplace

§ 10-20.2-414  Policy

§ 10-20.2-416  Definitions

§ 10-20.2-418  Prohibited Conduct

§ 10-20.2-420  Penalties and Consequences

§ 10-20.2-422  Return to Work Procedures

§ 10-20.2-424  Testing Occasions

§ 10-20.2-426  Collecting and Testing Breath Specimens

§ 10-20.2-428  Collecting and Testing Urine Specimens

§ 10-20.2-430  Employee Awareness and Rehabilitation

§ 10-20.2-432  Disseminating Information on Regulations

§ 10-20.2-434  Record Retention and Reporting Requirements

Subpart D        Responsibilities of Employees and Management

§ 10-20.2-436  Code of Ethics for Government Personnel Service

§ 10-20.2-438  Policy on Employee Conduct

§ 10-20.2-440  Subordination to Authority

§ 10-20.2-442  Management Responsibility

§ 10-20.2-444  Employee Responsibility

§ 10-20.2-446  Interpretation and Advisory Service

§ 10-20.2-448  Disciplinary and Other Remedial Action

§ 10-20.2-450  Ethical and Other Conduct and Responsibilities of Employees

§ 10-20.2-452  Outside Work and Interests

§ 10-20.2-454  Financial Interests

§ 10-20.2-456  Government Property

§ 10-20.2-458  Information

§ 10-20.2-460  Gambling, Betting, and Lotteries

§ 10-20.2-462  Specific Types of Conduct

§ 10-20.2-464  Community and Professional Activities

Subpart E        Political Activity

§ 10-20.2-466  Political Activities

§ 10-20.2-468  Rights of Employees

§ 10-20.2-470  Prohibitions

§ 10-20.2-472  Public Office

§ 10-20.2-474  Penalty

Subpart F        Government Employment Equal Opportunity Policy

§ 10-20.2-476  Government Employment Equal Opportunity Policy

§ 10-20.2-478  Nepotism

§ 10-20.2-480  Political Affiliation

§ 10-20.2-482  Coercion

 

Part 500          Incentive Programs

Subpart A        Incentives and Awards

§ 10-20.2-501  Introduction and Purpose

§ 10-20.2-505  Policy

§ 10-20.2-510  Program Responsibility

§ 10-20.2-515  Incentive Awards Committee

§ 10-20.2-520  Contributions and Award Categories

§ 10-20.2-525  Letters of Commendation

Subpart B        Recognition and Awards

§ 10-20.2-530  Superior Performance Award

§ 10-20.2-535  A Special Act or Service Award

§ 10-20.2-540  Honorary Awards

§ 10-20.2-545  Length of Service Awards

§ 10-20.2-550  Awards to Persons Outside Commonwealth

§ 10-20.2-555  Presentation of Awards

Subpart C        Beneficial Suggestions Program

§ 10-20.2-560  Suggestion Award

§ 10-20.2-565  Suggestions Procedures

§ 10-20.2-570  Documentation

§ 10-20.2-575  Records and Reports

 

Part 600          Employee Benefits and Services

§ 10-20.2-601  Policy

Subpart A        Leaves of Absence

§ 10-20.2-605  Purpose

§ 10-20.2-610  Creditable Service for Leave Purposes

§ 10-20.2-615  Kinds

§ 10-20.2-620  Leaves with Pay

§ 10-20.2-625  Leaves Without Pay

§ 10-20.2-630  Basis for Accrual

§ 10-20.2-635  Unauthorized Leave

§ 10-20.2-640  Disposition of Leave upon Separation

§ 10-20.2-645  Responsibilities

§ 10-20.2-650  Administration of the System

Subpart B        Benefits

§ 10-20.2-655  General

§ 10-20.2-660  Responsibilities

§ 10-20.2-665  Nature of Coverage

§ 10-20.2-670  Insurance Program Definitions

§ 10-20.2-675  Retirement Program

 

Part 700          Performance Evaluation

§ 10-20.2-701  General

§ 10-20.2-705  Employee Performance Evaluation

§ 10-20.2-710  Policy

§ 10-20.2-715  Responsibilities

§ 10-20.2-720  Relationship to Other Personnel Management Activities

§ 10-20.2-725  Performance Appraisal Rating

§ 10-20.2-730  Rating Probationary Employees

§ 10-20.2-735  Appeals

 

Part 800          Training and Employee Development

§ 10-20.2-801  Policy

§ 10-20.2-805  Responsibilities

§ 10-20.2-810  Definitions

§ 10-20.2-815  Coverage

§ 10-20.2-820  External Training

§ 10-20.2-825  Training Costs Defined

§ 10-20.2-830  Support for Training

§ 10-20.2-835  Coordination with U.S. Federal Programs

§ 10-20.2-840  Evaluation of Training

 

Part 900          Personnel Management Evaluation

§ 10-20.2-901  Purpose

§ 10-20.2-905  Objectives

§ 10-20.2-910  Responsibilities

§ 10-20.2-915  Evaluation Methods and Procedures

§ 10-20.2-920  Reports

§ 10-20.2-925  Action

 

Part 1000        Personnel Management Plan and Records

Subpart A -     Personnel Management Planning

§ 10-20.2-1001            Personnel Management Plan

§ 10-20.2-1005            Report on Personnel Management Plan (PMP)

Subpart B        Records

§ 10-20.2-1010            Purpose

§ 10-20.2-1015            Policy

§ 10-20.2-1020            Records Required

§ 10-20.2-1025            Disposition of Records

§ 10-20.2-1030            Access to Official Personnel Folder

§ 10-20.2-1035            Information Available to the Public

Subpart C        Reports

§ 10-20.2-1040            Purpose

§ 10-20.2-1045            Role of the Personnel Officer

§ 10-20.2-1050            Role of the Timekeeper

 

Part 1100        Special Provisions

Subpart A        Financial Austerity Measures

§ 10-20.2-1101            Financial Austerity Measures


 


Subchapter Authority: 1 CMC §§ 8116, 8117; N.M.I. Const. art. XX; Executive Order 94-3 § 214 (effective August 23, 1994).

 

Subchapter History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004);* Amdts Proposed 26 Com. Reg. 22914 (Aug. 26, 2004);* Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002);* Amdts Proposed 23 Com. Reg. 18750 (Dec. 21, 2001);* Amdts Adopted 22 Com. Reg. 17543 (Oct. 20, 2000); Amdts Proposed 22 Com. Reg. 17355 (Aug. 18, 2000); Amdts Adopted 22 Com. Reg. 17279 (June 20, 2000); Amdts Proposed 22 Com. Reg. 17099 (Apr. 20, 2000); Amdts Adopted 21 Com. Reg. 16701 (Apr. 19, 1999); Amdts Proposed 21 Com. Reg. 16455 (Feb. 18, 1999); Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997); Amdts Adopted 19 Com. Reg. 15748 (Nov. 15, 1997); Amdts Proposed 19 Com. Reg. 15638 (Sept. 15, 1997); Amdts Adopted 19 Com. Reg. 14894 (Jan. 15, 1997); Amdts Emergency and Proposed 18 Com. Reg. 14357 (Oct. 15, 1996); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 12 Com. Reg. 7139 (June 15, 1990); Amdts Proposed 11 Com. Reg. 6148 (Apr. 15, 1989); Amdts Adopted 11 Com. Reg. 6156 (Apr. 15, 1989); Amdts Proposed 11 Com. Reg. 5854 (Feb. 15, 1989); Amdts Adopted 10 Com. Reg. 5579 (July 15, 1988); Amdts Proposed 10 Com. Reg. 5557 (June 15, 1988); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

*As of December 2004, notices of adoption for the August 2004, May 2002 and December 2001 amendments had not been published.

 

Commission Comment: Regarding the history of the Civil Service Commission in the Commonwealth, see the general commission comment to chapter 10 and subchapter 20.1 of this title.

 

Part 001 -       General Provisions; Purpose and Scope

 

§ 10-20.2-001  Purpose

 

This subchapter implements the provisions of 1 CMC §§ 8101, et seq., and subsequent amendments thereto, which establish a Personnel Service System in the government of the Commonwealth of the Northern Mariana Islands.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Proposed 23 Com. Reg. 18750 (Dec. 21, 2001); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: When it promulgated the 1988 amendments, the Civil Service Commission readopted and republished all of the then existing Personnel Service System Rules and Regulations. The Commission, therefore, cites the 1988 amendments in the history sections throughout this subchapter.

 

The 2001 proposed amendments republished all of part 001. The Commission, therefore, cites the 2001 amendments in the history sections throughout this part. As of December 31, 2004, the Civil Service Commission had not adopted the December 2001 amendments, and therefore, the Commission has not incorporated the proposed changes.

 

§ 10-20.2-005  Policy

 

(a)        It is hereby declared to be the policy of this subchapter to establish a system of personnel administration based on merit principles and generally-accepted methods to govern the classification of positions and the employment, conduct, movement, and separation of public officials and employees.

 

(b)        It is also declared to be the purpose of these regulations to build a career service which will attract, select, and retain the best-qualified civil servants on merit who shall hold their offices or positions free from coercion, discrimination, reprisal, or political influences, with incentives in the form of genuine opportunities for promotion in the public service, and to provide competent and loyal personnel to render impartial service to the public at all times according to the dictates of ethics and morality. In order to achieve this purpose, it is declared to be the policy of the Commonwealth government that the personnel system hereby established be applied and administered in accordance with the following merit principles:

(1)        Equal opportunity for all, regardless of age, race, color, religion, sex, national origin, place of origin, marital status, political affiliation or belief, or disability;

(2)        Impartial selection of the most able person for government service by means of competitive tests which are fair, objective, and practical;

(3)        Just opportunity for competent employees to be promoted within the service;

(4)        Reasonable job security for the competent employee;

(5)        Systematic classification of all positions and personnel through adequate job descriptions and periodic performance evaluations;

(6)        Fair and practical grievance procedures for all employees pertinent to condition of employment; and

(7)        Flexibility in employer-employee relations to achieve and maintain a well-trained, productive, and happy work force.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Proposed 23 Com. Reg. 18750 (Dec. 21, 2001); Amdts Adopted 19 Com. Reg. 14894 (Jan. 15, 1997); Amdts Emergency and Proposed 18 Com. Reg. 14357 (Oct. 15, 1996); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

The 1997 amendments amended subsection (b)(1). See also the commission comment to § 10-20.2-001.

 

The Commission inserted commas after the words “movement” in subsection (a), “select” and “reprisal” in subsection (b), “objective” in subsection (b)(2), and “productive” in subsection (b)(7) pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-010  Coverage

 

(a)        This subchapter applies to all employees and positions now existing or hereafter established in the executive branch of the Commonwealth government and all personnel services performed for the executive branch, with the following exceptions:

(1)        Employees and positions covered by the United States Civil Service System, until and unless exempted by the United States Office of Personnel Management or by United States law;

(2)        Persons or organizations retained by contract where the Personnel Officer has certified that the service to be performed is special or unique and nonpermanent, is essential to the public interest, and that because of the degree of expertise or special knowledge required and the nature of the services to be performed, it would not be practical to obtain personnel to perform such services through normal public service recruitment procedures;

(3)        Positions of a temporary nature needed in the public interest where certified by the Personnel Officer and when the need for the same does not exceed ninety days; provided, however, that in the event of a 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 of an additional one hundred eighty days for positions engaged in relief, repair, or rehabilitation as a result of such disaster;

(4)        Household and domestic employees at the official residence of the Governor;

(5)        Election inspectors, election clerks, and other election employees;

(6)        Persons appointed by the Governor to fill executive positions;

(7)        Positions specifically exempt by any other law of the Commonwealth;

(8)        Personnel presently under contract of employment who are not included in subsection (a)(2) of this section but only during the life of the contract. No contract of employment shall be entered into, renewed, or amended after August 11, 1978, the effective date of the Civil Service Act, except subject to the provisions hereof;

(9)        Any position involving intermittent performance which does not require more than forty hours in any one month;

(10)      Positions of a part-time nature requiring the services of four hours or less per day but not exceeding one year in duration; and

(11)      Positions of a temporary nature which involve special projects having specific completion dates which shall not exceed one year.

 

(b)        The Personnel Officer shall determine the applicability of this section to specific positions not expressly covered by the Civil Service Act, 1 CMC §§ 8101, et seq.

 

Modified, 1 CMC § 3806(d), (e), (f), (g).

 

History: Amdts Proposed 23 Com. Reg. 18750 (Dec. 21, 2001); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: In subsection (a)(3), the Commission corrected the spelling of “personnel.” See also the commission comment to § 10-20.2-001. The Commission inserted commas after the words “repair” in subsection (a)(3) and “clerks” in subsection (a)(5) pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-015  Scope

 

This subchapter covers nearly all aspects of personnel management and administration, and includes but is not limited to development and promulgation of personnel policy, staffing, position classification, employee relations, employee development and training, employee benefits and services, incentives and awards, performance evaluation, employee health services, 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 in subsequent parts of this subchapter.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Proposed 23 Com. Reg. 18750 (Dec. 21, 2001); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-001.

 

§ 10-20.2-020  Eligibility for Employment

 

It is the policy of the government that the personnel system shall be applied and administered according to 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.

 

History: Amdts Proposed 23 Com. Reg. 18750 (Dec. 21, 2001); Amdts Adopted 19 Com. Reg. 14894 (Jan. 15, 1997); Amdts Emergency and Proposed 18 Com. Reg. 14357 (Oct. 15, 1996); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-001.

 

Part 100 -       Organization for Personnel Management

 

§ 10-20.2-101  Personnel Management

 

(a)        Personnel management is the responsibility of all Commonwealth government executives, managers and supervisors who direct the work of others.

 

(b)        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 government workforce, giving due consideration to the changing needs of the several programs that are now in progress and those to be initiated in the future.

 

(c)        It is the policy of the Civil Service Commission to continuously promote improved labor relations, human relations and communications, and satisfying work conditions in order to provide all employees the opportunity to satisfy their needs for recognition, a sense of personal worth, and personal achievement.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 23 Com. Reg. 18750 (Dec. 21, 2001); Amdts Adopted 11 Com. Reg. 6156 (Apr. 15, 1989); Amdts Proposed 11 Com. Reg. 5854 (Feb. 15, 1989); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1988 amendments designated subsections (a) through (c). The 1989 amendments amended subsection (a).

 

The 2001 proposed amendments republished all of part 100. The Commission, therefore, cites the 2001 amendments in the history sections throughout this part. As of December 31, 2004, the Civil Service Commission had not adopted the December 2001 amendments, and therefore, the Commission has not incorporated the proposed changes.

 

§ 10-20.2-105  The Personnel Officer

 

The provisions of 1 CMC §§ 8101, et seq., and this subchapter shall govern the administration of the Personnel Service System. Subject to this subchapter and laws, the Personnel Officer shall:

 

(a)        Direct and supervise all the administrative and technical activities of the Personnel Office;

 

(b)        Administer the system of personnel administration for the Commonwealth government;

 

(c)        Act for the Civil Service Commission in the exercise of its appointing authority under 1 CMC §§ 8101, et seq., and Constitutional Amendment No. 41;

 

(d)       Advise the Governor and the Governor’s staff on all matters concerning personnel management and administration, employee training, and staff housing;

 

(e)        Formulate and recommend to the Civil Service Commission policies and regulations to carry out the provisions of 1 CMC §§ 8101, et seq.;

 

(f)        Cooperate fully with and attend or arrange for a representative to attend meetings of the Civil Service Commission and advise the Commission on technical matters as required;

 

(g)        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;

 

(h)        Foster and develop, in cooperation with management officials, programs to promote the Personnel Service System, improve employee efficiency, and increase employee productivity;

 

(i)         Develop and maintain an adequate position classification and compensation plan;

 

(j)         Administer recruitment and examination programs and determine when employees meet specific job qualification requirements;

 

(k)        Provide advice and assistance to management on matters of employee discipline and grievance and appeal procedures;

 

(l)         Develop training programs to elevate employee skills and increase employee productivity;

 

(m)       Administer a staff housing program for the Commonwealth government;

 

(n)        Establish and maintain records of all personnel in the Personnel Service System;

 

(o)        Interpret and administer this subchapter; and

 

(p)        Perform any other activities deemed necessary to assure effective implementation of the merit system.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Proposed 23 Com. Reg. 18750 (Dec. 21, 2001); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-101.

 

The Commission inserted commas after the words “training” in subsection (d) and “staff” in subsection (g) pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-110  The Civil Service Commission

 

The Civil Service Commission represents the public interest in matters concerning the Personnel Service System. Subject to the provisions of 1 CMC §§ 8101, et seq., and Constitutional Amendment No. 41, the Commission shall:

 

(a)        Prepare a comprehensive personnel management plan and proposed personnel policies of the government, hereinafter referred to as the “Personnel Service System,” and submit copies thereof to the Governor and the Legislature;

 

(b)        Oversee the operation of the Personnel Office;

 

(c)        Hold hearings and decide appeals of employees for disciplinary actions, for suspensions of more than three working days, demotions, and dismissals from the service. The Commission may utilize the services of qualified hearing officers where such services are deemed essential by the Commission. Hearings shall be public except when the appealing employee requests a closed hearing;

 

(d)       Administer oaths to witnesses in any matter pending before the Commission;

 

(e)        Subpoena witnesses and/or documents in any matter pending before the Commission; and

 

(f)        Perform any other lawful act(s) required by law or deemed by the Commission to be necessary to carry out its duties.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Proposed 23 Com. Reg. 18750 (Dec. 21, 2001); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1988 amendments added new subsection (e) and redesignated subsection (f) accordingly. See also the commission comment to § 10-20.2-101.

 

The Commission inserted a comma after the word “demotions” in subsection (c) pursuant to 1 CMC § 3806(g).

 

Part 200 -       Staffing

 

§ 10-20.2-201  Introduction

 

(a)        This part covers the staffing elements necessary to acquire, maintain, reassign, promote, and release employees of the Personnel Service System. The subparts treat specifically and in detail the regulations which govern in the execution of the respective functions. Merit principles, open competition and, in specific application, employee seniority, shall underlie all considerations in implementing these staffing functions.

 

(b)        Appointing authorities are executive department, activity heads, and other public officials who are authorized to expend appropriated funds pursuant to law. Non-Commonwealth employees shall not be delegated the authority to effect change in personnel actions.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 11 Com. Reg. 6156 (Apr. 15, 1989); Amdts Proposed 11 Com. Reg. 5854 (Feb. 15, 1989); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: This provision was a forward to the original part III. See 9 Com. Reg. at 5302 (Dec. 15, 1987). The Commission designated it § 10-20.2-201 and created the section title. The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

The 1989 amendments added new subsection (b). The 2002 proposed amendments republished all of part 200. The Commission, therefore, cites the 2002 amendments in the history sections throughout this part. As of December 31, 2004, the Civil Service Commission had not adopted the May 2002 amendments and the Commission has not incorporated the proposed changes.

 

The Commission inserted commas after the words “promote” in subsection (a) and “heads” in subsection (b) pursuant to 1 CMC § 3806(g).

 

Subpart A -    Examinations

 

§ 10-20.2-202  General

 

This subpart 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.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: This provision was a forward to the original part III, subpart A. See 9 Com. Reg. at 5302 (Dec. 15, 1987). The Commission designated it § 10-20.2-202 and created the section title. See also the commission comment to § 10-20.2-201.

 

The Commission inserted a comma after the word “lists” pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-203  Competitive Examinations

 

All examinations shall be competitive and open to the public except where specifically exempted. All examinations shall be either:

 

(a)        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 by the particular position (or class of positions) sought. Assembled examinations shall be conducted under conditions affording maximum security at all times to protect the confidential nature of examination questions and related documents.

 

(b)        Unassembled, wherein the candidates responding to an examination announcement submit, to designated places and by designated times, their records of education, training, experience, and such other information as requested in the announcement, to be evaluated and rated by a qualified analyst or by a board of rating examiners. The examination shall stipulate the dates of opening and closing of the examination, the forms to be used for filing, and the places to which the forms and associated information shall be sent.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 19 Com. Reg. 14894 (Jan. 15, 1997); Amdts Emergency and Proposed 18 Com. Reg. 14357 (Oct. 15, 1996); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1997 amendments amended subsection (a). See also the commission comment to § 10-20.2-201.

 

The Commission inserted a comma after the word “experience” in subsection (b) pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-204  Non-competitive Examinations

 

Non-competitive examinations, either assembled or unassembled, may be used when, in the judgment of the Personnel Officer, one of the following conditions or circumstances occurs:

 

(a)        The position to be filled requires rare or special qualifications or training which do not permit competition;

 

(b)        There is a lesser number of qualified applicants than there are positions to be filled;

 

(c)        To determine the qualifications of an employee to be placed as a redress for error or omission in processes under the merit promotion program; or

 

(d)       To determine qualifications as part of the in-service placement process, or for placement of persons with reinstatement eligibility.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

§ 10-20.2-205  Examination Announcements

 

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

 

(a)        Class title, pay, and pay level of the position;

 

(b)        Brief description of the duties and responsibilities;

 

(c)        Geographical and organizational location of the position;

 

(d)       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;

 

(e)        Instructions on how to apply for the examination, including place to apply, form of application required, and documentary support required; and

 

(f)        Period of the announcement. In no instance shall this be less than fifteen calendar days. This period may be extended by the Personnel Officer if the response has been inadequate, provided that the extension shall be announced in the same manner as the original announcement.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 19 Com. Reg. 14894 (Jan. 15, 1997); Amdts Emergency and Proposed 18 Com. Reg. 14357 (Oct. 15, 1996); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1997 amendments amended subsection (d). See also the commission comment to § 10-20.2-201.

 

The Commission inserted comma after the words “pay” in subsection (a) and “experience” in subsection (d) pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-206  Publicity

 

Optimum publicity shall be given to examination announcements through posting in the Personnel Office and at such other places as 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 of all personnel under their jurisdiction.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

§ 10-20.2-207  Content of 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.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 19 Com. Reg. 14894 (Jan. 15, 1997); Amdts Emergency and Proposed 18 Com. Reg. 14357 (Oct. 15, 1996); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

The Commission inserted a comma after the word “aptitude” pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-208  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.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

§ 10-20.2-209  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. A knowingly false answer or statement shall be grounds for denying admission to the examination, removal from the eligible list, or for dismissal from 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 a matter of record and similar circumstances in other examinations shall be treated equally.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The Commission corrected the spelling of the word “eligible.” See also the commission comment to § 10-20.2-201.

 

§ 10-20.2-210  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 as soon as practical. If an applicant is disqualified following placement on an eligible list, the applicant’s name shall be removed from the eligible list.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

§ 10-20.2-211  Notification of Acceptance for Assembled Examination

 

Each applicant who has been accepted shall be given sufficient advance notice of the date, time, and place of an assembled examination; inclusion of the requisite information on the examination announcement meets this notification requirement. No applicant shall be entitled to take an assembled examination at a date, time, or place other than that stated in the notification unless specifically authorized by the Personnel Officer. The Personnel Officer shall not be responsible if a notice is lost in the mails or sent to an applicant’s former address through failure of an applicant to report a change of address. Where mail service is not adequate to meet these notification 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.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

The Commission inserted commas after the words “time” and “telephone” pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-212  Conduct of Assembled Examinations

 

The Personnel Officer shall appoint a representative to administer the examinations at the time and place designated in the notification of acceptance for examination or the examination announcement.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

§ 10-20.2-213  Cancellation of Examinations

 

Examinations may be cancelled 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 of the government.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

§ 10-20.2-214  Rating of Examinations

 

(a)        Examinations shall be rated by a qualified rating examiner from the Personnel Office.

 

(b)        Appropriate statistical techniques and procedures shall be used in scoring and rating examinations and determining the relative ranking of candidates on competitive examinations. The final rating required to pass an examination shall be set by the 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 by combining the earned ratings of each part of the examination in accordance with the weights established for each part.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1984 amendments amended subsection (a). See also the commission comment to § 10-20.2-201.

 

§ 10-20.2-215  Reviews of Examination Results

 

Any applicant may request a review of his/her rating within ten 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.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

§ 10-20.2-216  Changes in Rating

 

Changes in rating may be made as a result of correction of errors in the scoring or rating process, or as a result of a request for review wherein the facts warrant a change. Correction of errors shall be applied equally to all participants. An amended notice of rating shall be reported to all applicants affected by such change in rating.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

§ 10-20.2-217  Establishment of Eligible Lists

 

(a)        Following the completion of an open competitive examination and rating process, the Personnel Officer shall establish eligible lists called “Registers of Eligibles,” in 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 the order of their respective ratings, highest rating first. When the Personnel Officer provides a list of eligibles to a management official, the names of those candidates with the highest rating shall be certified first. A Register of Eligibles shall be considered “established” when approved by the Personnel Officer.

 

(b)        In the event a list of eligibles for any position contains less than five names and the appointing authority deems the range of choice to be inadequate, the Personnel Officer shall announce a new examination.

 

(c)        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. An 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.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1984 amendments amended subsection (a). See also the commission comment to § 10-20.2-201.

 

§ 10-20.2-218  Certification from Eligible Lists

 

(a)        Appointments and promotions in the Personnel Service System shall be made from certified eligible lists resulting from examinations, except as otherwise provided by this subchapter. The process of providing a list of eligible candidates to a selecting official is known as “Certification of Eligibles.” A Certificate of Eligibles shall be drawn from among the highest rated candidates in precise numerical order, highest rate first. Where a list of eligibles exceeds five names, only the top five names shall be certified. The appointing authority shall be entitled to the certification of not less than five eligibles for each vacancy, however, when less than five persons comprise a list of eligibles, the appointing authority may accept such 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 by one eligible for each additional position to be filled, where possible.

 

(b)        Requests for eligibles shall be made on forms prescribed by the Personnel Officer and shall clearly identify the position to be filled, including its position number.

 

(c)        The selecting official shall justify, in writing, to the Personnel Officer the non-selection of any eligible with a higher rating than the candidate selected. Such requirement creates no special standing for the candidate(s) with a higher rating.

 

(d)       No person shall report to work nor receive a salary unless an appropriate personnel action has been approved by the Personnel Officer or authorized representative.

 

Modified, 1 CMC § 3806(d), (e), (f).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 11 Com. Reg. 6156 (Apr. 15, 1989); Amdts Proposed 11 Com. Reg. 5854 (Feb. 15, 1989); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1989 amendments added a new subsection (c). The final paragraph was not designated. The Commission designated it subsections (d). See also the commission comment to § 10-20.2-201.

 

§ 10-20.2-219  Procedure When Eligibles Are Required

 

Whenever eligibles are required, the Personnel Officer shall:

 

(a)        Prepare the examination announcement;

 

(b)        Administer the examination; and

 

(c)        Establish an eligible list, as determined by the examination results.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

§ 10-20.2-220  Removal of Names from Eligible Lists

 

The Personnel Officer may remove the name of any person who has been disqualified under § 10-20.2-210. The name of any person may also be removed if:

 

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

 

(b)        The person is appointed from that list to a permanent position in the Personnel Service System.

 

(c)        The eligible voluntarily withdraws.

 

(d)       There is evidence of physical or mental unfitness to perform the duties of the position, as indicated by appropriate medical examination.

 

(e)        The eligible fails to report for duty within the time prescribed by the selecting official.

 

(f)        The eligible is found to be no longer qualified to perform the duties required of the class of position.

 

(g)        Intentional false statements, deception, or fraud is included in the application or in the examination process or appointment.

 

Modified, 1 CMC § 3806(c), (e).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

The Commission inserted a comma after the word “deception” in subsection (g) pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-221  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, s/he may certify from the appropriate class eligible list those eligibles who meet that specific requirement.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

§ 10-20.2-222  Use of Eligible Lists

 

Whenever a vacancy arises in the Personnel Service System, the official responsible for initiating the process to fill that position has the following options:

 

(a)        When the position has promotional potential, the first option shall be to fill the position under the provisions of the merit promotion program.

 

(b)        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 an 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.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 11 Com. Reg. 6156 (Apr. 15, 1989); Amdts Proposed 11 Com. Reg. 5854 (Feb. 15, 1989); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1989 amendments amended subsections (a) and (b). See also the commission comment to § 10-20.2-201.

 

§ 10-20.2-223  Duration of Eligible Lists

 

The life of an eligible list, other than the reemployment priority list, shall be for one year, unless extended by the Personnel Officer. An eligible list may be extended up to one 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 a non-competitive examination eligible list shall be combined only as a non-competitive eligible list. If an eligible candidate successfully participates in a subsequent competitive examination and the resulting eligible list is combined with that of a previous competitive examination eligible list bearing the candidate’s name, that eligible candidate may elect to have his/her 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.

 

Modified, 1 CMC § 3806(e), (g).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The Commission deleted the repeated word “a” in the phrase “on a combined list.” See also the commission comment to § 10-20.2-201.

 

§ 10-20.2-224  Order of Use of Eligible Lists

 

The following order shall be followed in the use of eligible lists:

 

(a)        Reemployment Priority List

 

(b)        Promotional List

 

(c)        Open Competitive List.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The Commission inserted the final period. See the commission comment to § 10-20.2-201.

 

§ 10-20.2-225  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 his/her name placed on a 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 a 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 be removed from the reemployment priority list at the expiration of three years from the date of separation or demotion, or sooner if such person is reemployed in a position at the same or higher pay level as that such person formerly held in the Personnel Service System. The individual may be removed from the list if such person refuses a reasonable offer of employment. A reasonable offer is of the same position or one equivalent to that last held in the Personnel Service.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

Subpart B -    Positions and Appointments

 

§ 10-20.2-230  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.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: When it promulgated the 1995 amendments, the Civil Service Commission readopted and republished all of part 200, subpart B. The Commission, therefore, cites the 1995 amendments in the history sections throughout this subpart. See also the commission comment to § 10-20.2-201.

 

§ 10-20.2-231  Permanent Position

 

A permanent position is a full-time position which is established based upon the continuing need of the government and which is authorized to continue longer than one year.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

§ 10-20.2-232  Types of Appointments

 

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

 

(a)        Probationary Appointment. An appointment in which the appointee is selected from an eligible list resulting from an open examination to fill a permanent position. The appointee shall serve a period of not less than six and not more than twelve months from the beginning of the probationary appointment and shall demonstrate the capacity for 26 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 (RIF).

 

(b)        Permanent Appointment. An employee who has been appointed to a permanent position and who has satisfactorily completed a probationary period is entitled to the full benefits of this subchapter. Permanent appointment may be made to less than full-time positions with a regularly scheduled tour of duty.

 

(c)        Limited-term Appointment. A limited-term appointment is one in which the appointee is appointed for a period of not more than one year. An employee serving a limited-term may serve in either a full-time or part-time position. Any person given a 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 of one 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 52 consecutive weeks of satisfactory performance.

 

(d)       Provisional Appointment. A provisional appointment is usually limited to ninety days and is used to fill a permanent position in the absence of an appropriate eligible list. The Director of Personnel Management may authorize extension of a provisional appointment beyond ninety days for a maximum of one hundred eighty 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.

 

(e)        Emergency Appointment.

(1)        An emergency appointment may be authorized by the Director of Personnel Management for any one of the following purposes:

(i)         When a serious emergency exists; or

(ii)        To prevent stoppage of essential public services.

(2)        An emergency appointment shall be limited to thirty calendar days but may be extended by the Director of Personnel Management, if the appointing authority so requests in writing, when the cause is determined to be good and sufficient, and the extension does not exceed twenty additional working days.

(3)        All persons receiving emergency appointments shall be required to meet the minimum qualification requirements of the class of position to which appointed.

 

(f)        Temporary Appointment. A temporary appointment is utilized when it is anticipated that an employee will temporarily occupy a position for a period in excess of three months. An employee can be temporarily promoted only if the employee meets the qualification standards of the new position. See § 10-20.2-320.

 

(g)        “Acting” Appointment.

(1)        An “acting” appointment is the official written designation that an employee will act for a period of up to thirty days in place of a supervisor. When the supervisor’s absence exceeds the initial thirty day period, a new designation shall be made for an additional thirty days. The thirty day renewal of an “acting” assignment may be repeated until the supervisor returns to the position.

(2)        Whenever the “acting” assignment exceeds ninety days, the employee shall be temporarily promoted/ appointed to the position if the employee meets the qualifications standards of the position. See § 10-20.2-322.

 

Modified, 1 CMC § 3806(c), (d), (e), (f), (g).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 11 Com. Reg. 6156 (Apr. 15, 1989); Amdts Proposed 11 Com. Reg. 5854 (Feb. 15, 1989); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: In subsections (e) and (g), the paragraphs were not designated. The Commission designated subsections (e)(1) through (e)(3) and (g)(1) and (g)(2).

 

The 1984 amendments amended subsection (c). The 1989 amendments amended subsections (a) through (c). The 1995 amendments amended subsection (a) and readopted the entire section. See also the commission comment to § 10-20.2-201.

 

In subsection (d), the Commission corrected the spelling of “adequate.”

 

§ 10-20.2-233  Pre-employment Condition Standards

 

All persons appointed to positions in the Personnel Service System must be examined by medical personnel (see § 10-20.2-234) 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 the successful performance of duty or to 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 a disability under the federal Americans with Disabilities Act (ADA), the provisions of that Act shall be followed, as applicable. Persons offered positions within the Civil Service must also submit to a urine test for the presence of drugs. See § 10-20.2-424(a).

 

Modified, 1 CMC § 3806(c).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997); Amdts Adopted 19 Com. Reg. 14894 (Jan. 15, 1997); Amdts Emergency and Proposed 18 Com. Reg. 14357 (Oct. 15, 1996); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

§ 10-20.2-234  Administration of 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. Urine tests for candidates shall be conducted in accordance with § 10-20.2-428.

 

Modified, 1 CMC § 3806(c), (f).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

§ 10-20.2-235  Prohibited Actions

 

(a)        Employment of any person without an approved personnel action is prohibited. Supervisors or management officials who permit an employee to report to work without an appropriate and formally approved personnel action shall be held personally liable for any claim for compensation resulting from such improper appointment as provided by 1 CMC §§ 8101, et seq.

 

(b)        Retroactive personnel actions shall not be made unless approved by the Director of Personnel Management prior to commencement of such action.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1995 amendments amended subsections (a) and (b). See also the commission comment to § 10-20.2-201.

 

§ 10-20.2-236  Reemployment

 

(a)        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. If re-appointed to a higher or a lower class, the employee shall be allowed to retain the former rate of pay.

 

(b)        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 list have been considered. If it is in the public interest, such person may be reemployed, provided such person meets the noncompetitive qualifications for the position to be filled.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b). See also the commission comment to § 10-20.2-201.

 

§ 10-20.2-237  Orientation

 

New employees shall receive a standardized orientation to government service as soon as is practical after being appointed, and at least within one month of appointment.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 11 Com. Reg. 6156 (Apr. 15, 1989); Amdts Proposed 11 Com. Reg. 5854 (Feb. 15, 1989).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

Subpart C -    Merit Promotion Program

 

§ 10-20.2-240  Policy

 

(a)        To the maximum extent possible, the Personnel Service System Merit Promotion Program provides for filling vacancies above the entry level by promotion of highly qualified Personnel Service System employees. This policy does not restrict the right of appointing authorities to fill vacancies by transfer or other means when to do so is in the best interest of the government.

 

(b)        The Merit Promotion Program (MPP) is an integral part of the Personnel Service System manager/executive development plan and other programs in the area of staffing, training, and manpower utilization.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b). See also the commission comment to § 10-20.2-201.

 

The Commission inserted a comma after the word “training” in subsection (b) pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-241  Definitions

 

(a)        “Position Change:” A promotion, transfer, or demotion during an employee’s continuous service.

 

(b)        “Promotion:” The change of an employee to a higher position class and pay level.

 

(c)        “Career-ladder Position:” One of a group of positions in which an employee may be given successive promotions until the employee reaches the full performance level. All employees in positions in a career ladder must be given grade-building experience and training and are may be to the next higher level as they demonstrate ability to perform in a wholly adequate manner at the next higher level. Minimum time-in-grade requirements, where established, must be observed in making career ladder promotions.

 

(d)       “Promotion Competition:” Those eligible candidates whose experience, training, and potential substantially exceed the qualification standard for the position to a degree that they are likely to perform in a superior manner.

 

(e)        [Reserved.]

 

(f)        “Best Qualified Candidates:” Those eligible candidates who rank at the top when compared with the other eligible candidates for a promotion within a general group, i.e., qualified or highly qualified.

 

(g)        “Position with Known Promotion 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.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: It appears that an error occurred in the 1988 amendment and re-adoption of subsections (d) and (e). Originally, subsections (d) and (e) stated:

 

(d)           Current Competition: The selection process in which candidates compete with each other for a specific promotional vacancy.

 

(e)           Highly Qualified Candidates: Those eligible candidates whose experience, training, and potential substantially exceed the qualification standard for the position to a degree that they are likely to perform in a superior manner.

 

See 5 Com. Reg. at 2305 (Aug. 31, 1983).

 

The 1988 amendments provided the former definition of “highly qualified candidates” as the definition for subsection (d), “promotion competition,” and omitted subsection (e). The Commission reserved subsection (e) to facilitate the correction of this error, if necessary. See also the commission comment to § 10-20.2-201. The Commission inserted commas after the words “transfer” in subsection (a) and “training” in subsection (d) pursuant to 1 CMC § 3806(g). The Commission inserted quotation marks around terms defined.

 

§ 10-20.2-242  Scope and Coverage

 

Competitive promotion procedures apply to:

 

(a)        All competitive positions in the Personnel Service System when filled by promotion.

 

(b)        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 System employee from an eligible list following an open competitive examination; or 

(3)        The position is filled by detail for more than ninety days duration. (NOTE: All periods of detail of an employee to the position during the preceding twelve months, including promotion, are counted against the 90-day limitation.)

 

(c)        Any position with known promotion potential which is filled by transfer or selection from the reemployment priority list.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).  

 

Commission Comment: The 1984 amendments amended subsection (b)(2). See also the commission comment to § 10-20.2-201.

 

§ 10-20.2-243  Areas of Consideration

 

As a minimum, areas of consideration should be broad enough to provide a reasonable number of highly qualified candidates and to give employees adequate opportunity for consideration for promotion.

 

(a)        Normal Areas of Consideration. There are two different normal areas of consideration:

(1)        Inter-island (Commonwealth-wide) for positions at pay level 22 and above; and

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

 

(b)        Broadened Area of Consideration. At the discretion of the Personnel Officer, the areas of consideration may be broadened to the extent necessary to provide a reasonable number of “highly qualified” candidates.

 

(c)        Restricted Areas of Consideration. In exceptional circumstances, the area of consideration may be restricted upon prior approval by the Personnel Officer. For example, during a formal reorganization of one entity, the area of consideration may be restricted to the affected organization, provided no vacancies result from the reorganization.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

§ 10-20.2-244  Methods of Locating Candidates

 

When the Personnel Office processes a promotion request, it selects the appropriate method or combination of methods for locating candidates which is/are entered in the promotion processes record. The following methods are generally used, singly or in combination, depending upon the nature of the position and availability of candidates.

 

(a)        Promotional Opportunity Announcement. A published announcement for posting and distribution and given maximum publicity within the area of consideration. The promotional opportunity announcement specifies:

(1)        Title, pay level and location of position(s);

(2)        Opening and closing dates (not less than fifteen calendar days);

(3)        Area of consideration;

(4)        Duties of the position, briefed;

(5)        Conditions of employment, e.g., night work, hazards, standby, etc.;

(6)        Qualification requirements, including selective placement factors, if any;  

(7)        How and where to apply;

(8)        Non-discrimination statement; and

(9)        Known promotional potential, if any.

 

(b)        Restricted Area of Consideration. When positions are being filled from within a “restricted area of consideration,” all eligible persons within that area must be considered.

 

Modified, 1 CMC § 3806(e), (f), (g).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).  

 

Commission Comment: In subsection (b), the Commission corrected the spelling of “consideration.” See also the commission comment to § 10-20.2-201.

 

§ 10-20.2-245  Transfer

 

An employee may be transferred, without change in pay level, either voluntarily or involuntarily, in order to meet changing program needs, to promote career development, to provide diversity of experience, or for other reasons. Transfers under this regulation are not subject to the promotion program unless the position to which transferred has known promotion potential. Transfers are made, wherever possible, from among employees who have requested such transfers. However, management may direct lateral transfers from among all qualified Public Service System employees when required by the needs of the service and in accordance with applicable personnel regulations.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

§ 10-20.2-246  Qualification Standards

 

(a)        The minimum qualification standards prescribed by the Personnel Officer are used for promotion purposes. Selective placement factors also may be used, but only when they are essential to successful performance in the position to be filled. When selective placement factors are used, they become part of the minimum qualifications for the position.

 

(b)        Qualification standards (including any selective placement factors used) must be established and made a matter of record prior to the start of the promotion process for any specific position. All employees who meet the minimum qualification standards (including selective placement factors) have basic eligibility for promotion. The standards must be applied fairly and consistently to all employees being considered. Written or performance tests shall be used if they are prescribed by the Personnel Officer.

 

(c)        For supervisory positions, supervisory qualifications are prescribed by the Personnel Officer. They may be supplemented by specific subject matter (non- supervisory) qualification standards for the classification series of the position.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (c). See also the commission comment to § 10-20.2-201.

 

§ 10-20.2-247  Conditions of Employment

 

(a)        There are conditions of employment which are considered implicit to successful performance in certain positions. These conditions may relate to hours of work, physical or medical standards, maintenance of a license, maintenance of a health standard, availability during off-hours, frequent need to travel, and so on. Such conditions should be made part of the promotion record, the promotion opportunity announcement and the classification standard or, as a minimum, the position description.

 

(b)        Candidates selected for the position must be advised of the conditions and acknowledge those conditions in writing. However, with respect to physical or medical standards, if a candidate claims a disability under the federal Americans with Disabilities Act (ADA), the provisions of that act shall be followed, as applicable.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 19 Com. Reg. 14894 (Jan. 15, 1997); Amdts Emergency and Proposed 18 Com. Reg. 14357 (Oct. 15, 1996); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b). The Commission inserted a comma after the word “travel” in subsection (a) pursuant to 1 CMC § 3806(g).

 

The 1997 amendments amended subsection (b) and republished and readopted the entire section. See also the commission comment to §10- 20.2-201.

 

§ 10-20.2-248  Evaluation Process

 

(a)        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 array. When properly used, the evaluation process should:

(1)        Provide a sound basis for comparing and judging candidates in relation to the knowledge, skills, abilities, and personal characteristics that contribute to successful performance of the position.

(2)        Identify those qualities which demonstrate a candidate’s potential for future promotion, when the job being filled leads to further advancement.

(3)        Distinguish between the knowledge and skills that an employee must have at the time of promotion and those the employee can acquire quickly after the promotion, through experience and training.

 

(b)        In selecting the proper method of evaluating candidates, recognition should be given to the future staffing needs of the organization as well as the current requirements of the positions to be filled.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b). The Commission inserted a comma after the word “abilities” pursuant to 1 CMC § 3806(g). See also the commission comment to § 10-20.2-201.

 

§ 10-20.2-249  Evaluation Measures

 

The various measures for evaluating candidates are:

 

(a)        Written Tests. Written tests may be used in the evaluation process, but may not be the sole means of evaluation. Written tests must be approved by the Personnel Officer or meet such standards as established by the Personnel Officer.

 

(b)        Appraisal of Performance. A supervisory appraisal must be obtained for every employee who is qualified. Appraisals may be obtained from supervisors other than the employee’s immediate supervisor.

 

(c)        Experience. In evaluating experience the objective is to determine how closely the experience relates to the new position or level of work. Length of service is a factor only when there is a clear and positive relationship with quality of performance.

 

(d)       Awards. In considering awards received by the candidates, the weight assigned must be based on those elements necessary to successful performance for the position to be filled.

 

(e)        Training. An 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.

 

(f)        Education. Education may be considered only if it is clearly job-related or if it provides a measure of the learning ability essential for genuine trainee positions.

 

(g)        Qualifications Investigation. A qualification investigation may be used to assist in determining experience, training, degree of responsibility exercised, and effectiveness. Inquiries may be made to assist in judging how well a candidate is likely to perform at a higher level or in a different kind of work.

 

(h)        Oral Interview. Individual or group interviews may be held. Oral questions may relate either to subject matter knowledge or to other matters pertinent to the position or the candidate. If oral questions are in the nature of a test, the same questions and sequence must be asked of each candidate and a record of their answers made part of the promotion record.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

The Commission inserted commas after the words “self-development” in subsection (e) and “exercised” in subsection (g) pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-250  Selection Procedure

 

(a)        Selection is 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 names available, the selecting authority is not required to select someone from the merit promotion certificate. However, if returning the certificate, the selecting authority must state how the position will be filled.

 

(b)        If the selecting authority disagrees with the merit promotion certificate, objections must be stated in writing with a request for the Personnel Officer to review rankings.

 

(c)        The selecting authority notes the name of the person selected on 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.

 

(d)       When the promotion involves a move between organizations, the effective date is negotiated, and barriers may not be placed against the employee’s release by the losing organization. The interval between notification of selection and the release date may not be more than thirty calendar days unless agreed to by the gaining organization. When the move between organizations also involves a move between islands, the appointing authority concerned must give prior approval of the selection.

 

(e)        When a first-line supervisory position is filled, a determination is 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.

 

Modified, 1 CMC § 3806(e), (g).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1984 amendments amended subsection (e). See also the commission comment to § 10-20.2-201.

 

§ 10-20.2-251  Information to Employees

 

(a)        Employees’ 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.

 

(b)        New employees will receive promotion program information as part of their orientation. All employees will receive this information from time to time.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

§ 10-20.2-252  Employee Questions and Complaints

 

(a)        Employee Questions. Any employee who has filed in response to a promotional opportunity announcement or who has been considered for promotion may present questions to the Personnel Office which handled the vacancy, within seven calendar days after receipt of notification of selection. Questions may be submitted in person, in writing, or through a representative. Among other considerations, an employee is entitled to know:

(1)        The level of eligibility for a specific promotion;

(2)        If considered for specific promotion and, if so, whether found eligible;  

(3)        If in the group from which selection was made; and

(4)        Who was selected for the promotion.

 

(b)        Employee Complaints. If the employee is dissatisfied and the matter cannot be resolved on an informal basis, the employee may have recourse to part 200, subpart G, Grievance Procedure. Mere failure to be selected for promotion when proper promotion and selection procedures were used is not a basis for a formal complaint.

 

Modified, 1 CMC § 3806(d), (e), (f).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1988 amendments added a new subsection (a)(1). See also the commission comment to § 10-20.2-201.

 

§ 10-20.2-253  Review of Promotion Program

 

The Personnel Officer appraises the operation of the Merit Promotion Program at least once a year as part of the personnel management evaluation process to assure:

 

(a)        Promotion guidelines and plans are as effective as possible;

 

(b)        The promotion program is useful to management;  

 

(c)        Promotion actions are taken promptly and in conformance with the plan;  

 

(d)       Employee complaints are handled promptly and properly;  

 

(e)        Promotion actions are used effectively to encourage competent employees, to open expanded careers to them, and to make the best use of their skills; and

 

(f)        Employees, supervisors and managers have a full understanding of the promotion program process.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

Subpart D -    Suspensions, Separations and Demotions

 

§ 10-20.2-255  General

 

This subpart applies to suspensions, furloughs, separations, and demotions not resulting from reduction-in-force (RIF).

 

History: Amdts Proposed 26 Com. Reg. 22914 (Aug. 26, 2004); Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: This provision was a forward to the original part III, subpart D. See 9 Com. Reg. at 5320 (Dec. 15, 1987). The Commission designated it § 10-20.2-255. See also the commission comment to § 10-20.2-201.

 

As of December 2004, a notice of adoption for the August 2004 amendments had not been published.

 

The Commission inserted a comma after the word “separations” pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-256  Separations Not Involving Personal Cause

 

(a)(1)   Resignation. Resignations shall be in writing and shall be submitted at least fourteen calendar days in advance of the effective date. The Personnel Officer may designate management and highly skilled technical classes for which this period may be extended to thirty days.

(2)        The appointing authority shall submit a copy of the written resignation and the necessary terminating documents to the Personnel Office for consummation of the action. Withdrawal of a resignation may be permitted provided:

(i)         The employee’s wishes are made known, in writing, prior to the effective date; and

(ii)        The appointing authority agrees to the proposed withdrawal.

 

(b)        Exit Interview. An exit interview shall be scheduled and conducted during working hours by the Personnel Officer or his designee for employees upon notice of resignation or retirement. Such interview shall include questions on the reasons for separation and counseling on benefits. The Personnel Officer or his designee shall not process exit documents until the interview is completed. If circumstances make such interview impractical, an employee may ask the Personnel Officer to waive this requirement.

 

(c)        Retirement, Voluntary. An employee may be separated for the purpose of voluntary retirement, provided the employee meets the eligibility standards for age and service covered under the Northern Mariana Islands Retirement Program.

 

(d)       Termination for Medical Reasons.

(1)        When an employee contacts an infectious or contagious disease which endangers the health of others, or becomes mentally incapacitated, or is otherwise permanently physically disabled for the satisfactory performance of duties of the position to which assigned, the Personnel Officer may terminate the employee provided:

(i)         No suitable reassignment can be made within the department or location to which the employee is assigned; and

(ii)        Medical examination procedures, as outlined in § 10-20.2-234, have been complied with.

(2)        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 be followed, as applicable.

(3)        An employee whose services are terminated under this part may be 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 an opportunity.

 

(e)        Voluntary Demotion. An employee may volunteer for demotion to a lower class of position at a lower pay level. The approval of such a request by the appropriate management officials must be contingent upon the following factors:

(1)        A vacant position in the class and pay level must be available within the jurisdiction of the management official concerned.

(2)        No additional cost shall accrue to the government as a result of or incident to the demotion action. 

(3)        The salary of the demoted employee in the lower level position shall be set at the same numerical step in the lower level position as the employee received in the higher position.

 

Modified, 1 § 3806(c), (e), (f).

 

History: Amdts Proposed 26 Com. Reg. 22914 (Aug. 26, 2004); Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 19 Com. Reg. 14894 (Jan. 15, 1997); Amdts Emergency and Proposed 18 Com. Reg. 14357 (Oct. 15, 1996); Amdts Adopted 11 Com. Reg. 6156 (Apr. 15, 1989); Amdts Proposed 11 Com. Reg. 5854 (Feb. 15, 1989); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The original paragraphs of subsections (a) and (d) were not designated. The Commission designated subsections (a)(1) and (a)(2) and (d)(1) through (d)(3).

 

The 1989 amendments added a new subsection (b) and redesignated subsections (c) through (e). The 1997 amendments added a new subsection (d)(2). See also the commission comment to § 10-20.2-201.

 

The 2004 amendments proposed to amend subsections (a)(1), (b), (c) and (d)(1)(ii) and delete subsection (d)(2). As of December 2004, a notice of adoption had not been published.

 

§ 10-20.2-257  Furloughs, Suspensions, Separations for Personal Cause, and Demotions for Disciplinary Reasons (Adverse Actions)

 

(a)        Authority to Take Adverse Action. Unless specified by law, the authority to hire is followed by the authority to 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 commissions. These persons may delegate, in 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 be further delegated or re-delegated. Throughout this part the term “appointing authority” will refer only to an individual who is specifically granted authority by this part to effect adverse actions.

 

(b)        Employee Coverage. This part applies to all permanent employees of the government, as provided under Constitutional Amendment No. 41 and 1 CMC §§ 8101, et seq., except:

(1)        Employees whose appointments must be made with the advice and consent of the Legislature;

(2)        Employees, temporarily promoted, to be returned to their former positions from which temporarily promoted;

(3)        Employees and appointees in positions excepted by the Commonwealth Constitution;

(4)        Employees under the Offices of the Mayors as stated in 1 CMC §§ 5101, et seq.; and

(5)        Employees hired under special contracts for a specified term not to exceed one year.

 

(c)        Merit of Adverse Action. An action against an employee may not be taken under this part except for “such cause as will promote the efficiency of the service.”

 

(d)       Admonishment. An admonishment is an informal disciplinary measure. A manager or supervisor may discuss at any time minor deficiencies in performance or conduct with the objective of improving an employee’s effectiveness. Admonishments shall not be made a matter of record.

 

(e)        Reprimand. A reprimand is a formal means of calling to an employee’s attention minor deficiencies in performance or conduct which, if continued, may result in further disciplinary measures. It is the first formal step in the disciplinary process. Reprimands are always in writing and should contain specific references to performance deficiencies, citations of instances of misconduct, and a warning that more stern disciplinary measures may be taken if the employee’s performance or conduct is not improved. A copy of the reprimand becomes a part of the employee’s official personnel folder (OPF). There is no recourse to formal appeal processes as a result of a reprimand; however, an employee who feels a reprimand is not justified may resort to the grievance procedure. (See part 200, subpart G.)

 

(f)        Furlough. A furlough is an action placing an employee in a non-duty and non-pay status because of lack of work or funds. It is an adverse action if for a period of thirty calendar days or less. Furloughs of more than thirty calendar days are reduction-in-force actions and shall be accomplished using reduction-in-force procedures. (See part 200, subpart E.)

 

(g)        Suspension Not to Exceed Three Working Days. A suspension is an action placing an employee in a non-duty and non-pay status for disciplinary reasons for a period not to exceed three 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 200, subpart G.) A suspension without pay for periods less than five working days shall only be imposed in respect to an employee who is covered by the overtime provisions of the Fair Labor Standards Act (FLSA). An employee who is exempt from the overtime provisions of the Fair Labor Standard Act (FLSA) shall receive suspensions without pay for not less than five working days. The period of suspension shall consist of five work day periods, for example, five days, ten days, and fifteen days. Suspensions in respect to an exempt employee shall be served on consecutive days and for entire workweeks.

 

(h)        Suspension for More than Three Working Days. A suspension is an action placing an employee in a non-duty and non-pay status for disciplinary reasons. Appointing authorities authorized to take adverse actions may suspend an employee for such cause as will promote the efficiency of the government service, provided all adverse action procedures are followed.

 

(i)         Abandonment of Job.

(1)        An employee absent without leave (AWOL) without valid reason, for a combined total of ten working days in any twelve month period may be terminated from employment for job abandonment, provided all adverse action procedures are followed.

(2)        As of the last day of such AWOL, the employee’s absence may be considered in effect a resignation. An appointing authority may cancel such termination, however, if it determines that circumstances warrant such cancellation. Nothing in this section shall preclude an appointing authority from taking disciplinary action against an employee for absence without leave.

 

(j)         Removals. Appointing authorities may take removal action against an employee for just cause provided all adverse action procedures are followed.

 

(k)        Reduction in Rank or Pay. Appointing authorities may take action to reduce an employee in rank or pay for cause.

(1)        “Reduction in rank” means more than one numerical grade or pay level under the classification system. Basically, it means lowering an employee’s relative standing in the organizational structure as determined by the employee’s official position description. An employee’s position assignment may be changed only by an official personnel action. When an employee is made the subject of an official personnel action which results in lowering the employee’s relative standing in the organizational structure, a reduction in rank has occurred even though there has not been a reduction in class or pay level. Such actions may be taken only under adverse action procedures.

(2)        “Reduction in pay” means reduction in basic class and pay level of an employee. The base pay is fixed by law or administrative action. Base pay does not ordinarily encompass extra or additional payment for special conditions or duties which are generally regarded as 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.

 

(l)         Separation during Probation

(1)        If it becomes evident during the probationary period that the employee lacks the ability, attitude or desire to become an efficient and productive employee in the position to which appointed, or there is lack of funds or 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 a disability under the Americans with Disabilities Act (ADA), the provisions of that act shall be followed, as applicable.

(2)        Appointing authorities who find it necessary to separate an employee during probation shall provide the employee with not less than fourteen calendar days’ notice, in writing, specifying the reasons for the separation. The employee shall be afforded the right to discuss the situation with the management official next above the one initiating the separation. If 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 an additional fourteen 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.

 

(m)       Procedure for Taking Adverse Actions. Appointing authorities must observe certain procedural requirements when processing adverse actions covered in this subpart. These procedural requirements are presented here in abbreviated form. A letter of proposed adverse action must be reviewed by the Personnel Officer and the Attorney General, or their designees, before issuance. Procedures for removal, suspension for more than three working days, furlough without pay, and reduction in rank or pay are as follow:

(1)        The appointing authority must give the employee at least thirty days’ advance written notice of the proposed action. In the event that criminal charges are filed against an employee, the employee shall be immediately suspended without pay, reassigned, or subject to such other action as management may deem necessary. In the event the charges are dismissed or the employee is found not guilty, the employee shall be reinstated with benefits and pay retroactive to the date of suspension.

(2)        The notice must state any and all reasons for the proposed action specifically and in detail.

(3)        The employee has the right to answer personally and/or in writing. The employee shall be allowed not more than twenty days to answer the notice of proposed action. Except as noted in subsection (m)(5) below, three work days within the allowed twenty days shall be official time in which to secure affidavits and prepare an answer. The Personnel Officer may extend the official time not to exceed three additional work days. 

(4)        If the employee answers, management must consider that answer.  

(5)        If at all practicable, the employee must be kept on active duty in the regular position during the notice period. In an emergency, however, the employee may be suspended during the advance notice period and placed on leave without pay (LWOP) or, with the employee’s consent, carried on annual leave. An employee whose adverse action is based on conduct prohibited by § 10-20.2-418 shall not be allowed to perform any safety-sensitive functions. If there are no safety sensitive functions an employee can perform, an emergency exists and the employee must be placed on leave without pay. If an employee’s adverse action is based on conduct prohibited by § 10-20.2-418 and the employee was involved in an injury-causing accident, the employee shall be placed on LWOP pending resolution of the proposed adverse action. See § 10-20.2-420(d).

(6)        Management must give the employee a written decision before the adverse action is effected. The decision must state which of the reasons in the advance notice have been found sustained and which have been found not sustained.

(7)        The decision must tell the employee of appeal rights.

(8)        Advance written notice and opportunity to answer are not necessary if the employee is furloughed due to unforeseeable circumstances, such as sudden breakdowns in equipment, acts of God, or emergencies requiring curtailment of activities.

 

Modified, 1 CMC § 3806(c), (d), (e), (f).

 

History: Amdts Proposed 26 Com. Reg. 22914 (Aug. 26, 2004); Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 22 Com. Reg. 17543 (Oct. 20, 2000); Amdts Proposed 22 Com. Reg. 17355 (Aug. 18, 2000); Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997); Amdts Adopted 19 Com. Reg. 14894 (Jan. 15, 1997); Amdts Emergency and Proposed 18 Com. Reg. 14357 (Oct. 15, 1996); Amdts Adopted 10 Com. Reg. 5579 (July 15, 1988); Amdts Proposed 10 Com. Reg. 5557 (June 15, 1988); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1984 amendments amended subsections (b), (m)(1) and (m)(5). The July 1988 amendments amended subsection (a). The February 1988 amendments added new subsection (i) and redesignated the remaining subsections (j) through (m). The January 1997 amendments amended subsection (l)(1). The November 1997 amendments amended subsection (m)(5). The 2000 amendments amended subsection (g). See also the commission comment to § 10-20.2-201.

 

Prior to the 1988 amendments, subsection (i) was a separate section (former section III.D.2). See 5 Com. Reg. at 2313 (Aug. 31, 1983). The Commission designated subsections (i)(1) and (2).

 

The August 2004 amendments proposed to repromulgate this section in its entirety with numerous amendments. As of December 2004, a notice of permanent adoption had not been published.

 

The Commission inserted commas after the words “heads” in subsection (a), “days” in subsection (g), “action” in subsection (l)(3), and “pay” in subsection (m) pursuant to 1 CMC § 3806(g).

 

Table 200-1    Steps for an Adverse Action

 

1. ADVERSE ACTION PROCEDURAL SYSTEM

 

2. MANAGEMENT OFFICIAL’S LETTER OF PROPOSED ADVERSE ACTION

 

3. EMPLOYEE’S ANSWER AND/OR PRESENTATION OF EVIDENCE

 

4. MANAGEMENT OFFICIAL’S LETTER OF DECISION

 

5. EMPLOYEE’S WRITTEN APPEAL TO CIVIL SERVICE COMMISSION

 

6. CIVIL SERVICE COMMISSION HEARING (if requested)

 

7. CIVIL SERVICE COMMISSION DECISION

 

(Administrative Remedies Exhausted)

 

8. THE COURTS

 

History: Amdts Proposed 26 Com. Reg. 22914 (Aug. 26, 2004); Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

Subpart E -    Reduction-in-force (RIF)

 

§ 10-20.2-260  General

 

This subpart establishes the general regulations under which reduction-in-force shall be accomplished. This subpart concerns the removal or reduction in class or pay level of employees because of lack of work or funds, or other management requirements, but not for disciplinary reasons. An appointing authority should exhaust all administrative alternatives to place the employee in another equivalent position before reduction-in-force procedures are instituted.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Proposed 26 Com. Reg. 22914 (Aug. 26, 2004); Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: This provision was a forward to the original part III, subpart E. See 9 Com. Reg. at 5326 (Dec. 15, 1987). The Commission designated it § 10-20.2-260. See also the commission comment to § 10-20.2-201.

 

As of December 2004, a notice of adoption for the August 2004 amendments had not been published.

 

§ 10-20.2-261  Policy

 

It is the policy of the government, within its available resources, to provide job security to every employee. When it becomes necessary to reduce the work force, every effort will be made to insure that the reduction is accomplished with a minimum disruption in operations and a minimum negative impact on each employee affected.

 

History: Amdts Proposed 26 Com. Reg. 22914 (Aug. 26, 2004); Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The August 2004 amendments proposed to add a new subsection (b). As of December 2004, a notice of adoption for the August 2004 amendments had not been published. See also the commission comment to § 10-20.2-201.

 

§ 10-20.2-262  Coverage

 

This subpart applies to all permanent employees of the government, as provided under 1 CMC §§ 8101, et seq., and Constitutional Amendment No. 41, except:

 

(a)        Employees whose appointments must be made with the advice and consent of the Legislature;

 

(b)        Employees, temporarily promoted, to be returned to their former positions from which temporarily promoted;

 

(c)        Employees and appointees in positions excepted by the Commonwealth Constitution;

 

(d)       Employees under the Offices of the Mayors as stated in 1 CMC §§ 5101, et seq.;  

 

(e)        Employees hired under special contracts for a specified term not to exceed one year; and

 

(f)        Temporary or probationary employees.

 

Modified, 1 CMC § 3806(d), (e).

 

History: Amdts Proposed 26 Com. Reg. 22914 (Aug. 26, 2004); Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The August 2004 amendments proposed to delete subsections (a) through (f). As of December 2004, a notice of adoption for the August 2004 amendments had not been published. See also the commission comment to § 10-20.2-201.

 

§ 10-20.2-263  Reduction-in-force Planning

 

When it becomes evident that reduction-in-force (RIF) must be made, the appointing authority concerned shall provide the Personnel Officer notice of intention to take RIF action at least sixty days in advance. The appointing authority shall then institute administrative procedures to assure that all legitimate possibilities for reassignment have been exhausted and that formal reduction-in-force is the only remaining alternative.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Proposed 26 Com. Reg. 22914 (Aug. 26, 2004); Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The August 2004 amendments proposed to amend subsection (a) and add new subsections (b) and (c). As of December 2004, a notice of adoption for the August 2004 amendments had not been published. See also the commission comment to § 10-20.2-201.

 

§ 10-20.2-264  Competitive Processes

 

Detailed competitive processes shall be established by the Personnel Officer to assure equitable competition, recognition of seniority and tenure and protection of the public interest. For administrative purposes, competition shall be limited by the establishment of competitive areas and recognition of competitive levels.

 

(a)        Competitive Areas. For all positions:

(1)        Area 1. Saipan

(2)        Area 2. Rota

(3)        Area 3. Tinian

(4)        Area 4. Northern Islands

 

(b)        Competitive Levels. Competitive levels are comprised of all positions within a competitive area which consist of the same or closely related duties, have essentially the same qualifications, and are in the same class and pay level.

 

(c)        Competition within a Competitive Level.

(1)        When a position is abolished within a competitive level, the incumbent shall displace the employee with the lowest retention standing in that competitive level. Persons occupying positions under limited-term appointments in the competitive level shall be terminated before RIF competition is instituted.

(2)        If an employee whose position is abolished does not have sufficient retention standing to displace another employee, that employee shall be released from the competitive level to exercise retreat rights or assignment rights or be separated from the service.

 

(d)       Retreat Rights. When an employee has insufficient retention standing to compete within that employee’s competitive level, the employee shall compete down the line of promotion. This is known as the exercise of retreat rights. An employee released from a competitive level may displace the employee with the lowest retention standing below that of the released employee in the highest competitive level from which promoted. The employee shall continue to compete at successively lower levels along the line of promotion until placed or, if placement cannot be made, separated by reduction- in-force.

 

(e)        Creditable Service for Reduction-in-force.

(1)        Trust Territory public service experience since United States administration took over (including WAE until June 30, 1972).

(i)         Includes trainees. Includes employment under 61 TTC, paragraph 9(d), (f), (h), (l), (m), (n) and (o).

(ii)        By Director of Personnel memorandum dated January 26, 1972, to all Trust Territory of the Pacific Islands (TTPI) departments and districts, WAE appointments were to be terminated or converted to appointments per Administrative Directive 72-1 dated January 26, 1972. WAE appointments until June 30, 1972, are to be considered as full-time employment and service credited accordingly. After June 30, 1972, for WAE or intermittent employment, time actually worked will be used to compute creditable service.

(2)        Marianas administration under U.S. Navy and NTTU. Until 1962, when TTPI Headquarters moved to Saipan, the Marianas (Saipan and Tinian) were under Naval Administration. Rota was already included in TTPI Administration prior to 1962.   

(3)        Personnel under municipal governments. 

(4)        All employment within TTPI including: Peace Corps, Micronesian Claims Commission, National Weather Service, and U.S. Coast Guard.

(5)        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.

(6)        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.

(7)        Service in the Commonwealth government since April 1, 1976.

(8)        Trust Territory government employment under the Seaman’s Act.  

(9)        Employees of government agencies and instrumentalities within the Commonwealth.

 

(f)        Retention Standing. Retention standing is derived by allotting one point for each year of creditable service, and two points for each exceptional overall rating of 4.2 or better. In competing with other employees for retention in a competitive level, the individual with lowest retention standing shall be released first. (See § 10-20.2-720)

 

(g)        Reemployment Priority Lists. Employees serving under permanent appointments who are separated by reduction-in-force shall be placed on an appropriate reemployment priority list for three years or until returned to duty in a permanent position in the Personnel Service System. An appropriate reemployment priority list is the one established for the class and pay level from which the employee was finally separated.

 

Modified, 1 CMC § 3806(c), (e), (f), (g).

 

History: Amdts Proposed 26 Com. Reg. 22914 (Aug. 26, 2004); Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 11 Com. Reg. 6156 (Apr. 15, 1989); Amdts Proposed 11 Com. Reg. 5854 (Feb. 15, 1989); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: In subsections (a) and (c), the original paragraphs were not designated. The Commission designated subsections (a)(1) through (a)(4) and (c)(1) and (c)(2).

 

The 1984 amendments amended subsections (c)(1) and (e)(9). The 1989 amendments amended subsection (f). See also the commission comment to § 10-20.2-201.

 

The August 2004 amendments proposed to repromulgate this section in its entirety with numerous changes. As of December 2004, a notice of adoption had not been published.

 

In subsections (d) and (f), the Commission corrected the spelling of “displace” and “allotting,” respectively. The Commission inserted commas after the words “qualifications” in subsection (b) and “Service” in subsection (e)(4) pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-265  Limitations on Competition

 

(a)        Obligated positions are positions from which the incumbent is temporarily absent because of:

(1)        Approved educational leave;

(2)        Temporary promotion; or

(3)        Detail to another activity.

 

(b)        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 an 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.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 26 Com. Reg. 22914 (Aug. 26, 2004); Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1984 amendments amended the opening sentence of subsection (a) and subsection (a)(2).

 

The August 2004 amendments proposed to repromulgate this section in its entirety with numerous changes. As of December 2004, a notice of adoption had not been published. See also the commission comment to § 10-20.2-201.

 

§ 10-20.2-266  Tenure Groups

 

For the purposes of reduction-in-force, Personnel Service employees shall be classed in tenure groups as follow:

 

(a)        TENURE GROUP I - All permanent employees.

 

(b)        TENURE GROUP II - Employees serving in a probationary appointment.

 

(c)        TENURE GROUP III - Employees serving in limited term or provisional appointments.

 

History: Amdts Proposed 26 Com. Reg. 22914 (Aug. 26, 2004); Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002);* Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (c).

 

The August 2004 amendments proposed to repromulgate this section in its entirety with numerous changes. As of December 2004, a notice of adoption had not been published. See also the commission comment to § 10-20.2-201.

 

§ 10-20.2-267  Furlough and Separation

 

(a)        The Personnel Officer may use furloughs for more than thirty days if there is reasonable assurance that the employees furloughed will be returned to duty within the next twelve months. If there is reasonable doubt regarding the return to duty of furloughed employees, then the appointing authorities concerned must separate the employees found to be in excess of management’s needs and proceed according to reduction-in-force procedures.

 

(b)        A 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.

 

(c)        Furlough for thirty days or less may be used for clearing the rolls temporarily, not to exceed thirty days when there is positive assurance that employees so furloughed can return to duty within the 30-day period. Adverse action procedures must be used to place an employee in furlough status for thirty days or less.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Proposed 26 Com. Reg. 22914 (Aug. 26, 2004); Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The August 2004 amendments proposed to repromulgate this section in its entirety with numerous changes. As of December 2004, a notice of adoption had not been published. See also the commission comment to § 10-20.2-201.

 

§ 10-20.2-268  Vacant Positions

 

During reduction-in-force situations, management has no obligation to fill vacant positions by placement of employees whose positions have been abolished or who have been released from their competitive level.

 

History: Amdts Proposed 26 Com. Reg. 22914 (Aug. 26, 2004); Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The August 2004 amendments proposed to repromulgate this section in its entirety with numerous changes. As of December 2004, a notice of adoption had not been published. See also the commission comment to § 10-20.2-201.

 

§ 10-20.2-269  Assignment Rights (Bumping)

 

(a)        Employees released from their competitive level who have exhausted their retreat rights without success may exercise assignment rights provided they:

(1)        Meet the qualification requirements and other standards for the position established by the Personnel Officer;

(2)        Meet any special qualifying condition which has previously been approved by the Personnel Officer; and

(3)        Have the capacity, adaptability, and special skills needed to perform satisfactorily the duties and responsibilities of the position without undue disruption of the activity. For the purposes of this subpart, an undue interruption occurs only if the employee placed in a position through assignment requires more than ninety calendar days training to reach the full performance level for the position. For employees in professional categories such as medical and dental doctors, attorneys and engineers, and other positions requiring, as a minimum qualification, a four-year degree from a recognized college or university, the training period may be extended to one hundred eighty calendar days.

 

(b)        An employee in tenure group I exercising assignment rights may displace another permanent employee with lower retention standing in another competitive level that requires no reduction or the least possible reduction, in representative rate (step 5 in any pay level).

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

The Commission inserted a comma after the word “adaptability” in subsection (a)(3) pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-270  Transfer of Function

 

(a)        Function defined. For the purpose of this subchapter function means all or a clearly identifiable segment of an entity’s mission and the integral parts of that mission, regardless of how performed.

 

(b)        Transfer of employees. Before a reduction-in-force is made in connection with the transfer of any or all 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. An employee whose position is transferred solely for liquidation and who is not identified with an operation function specifically authorized at the time of transfer to continue in operation more than sixty days, is not a competing employee for other positions in the receiving entity.

 

(c)        Change of location. A 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, or other changes not involving a move to another commuting area do not qualify as a transfer of function for the purpose of this subchapter. A function transferred for the purpose of liquidation is not a “function” for the purpose of this subchapter and therefore should not be treated as a transfer of function.

 

(d)       Failure to accompany a function. An employee in a position in a function which is to be transferred, who does not intend to accompany the function to the new location and so indicates in writing to management, shall be separated from the Personnel Service using the adverse action procedures in part 200, subpart D.

 

Modified, 1 CMC § 3806(d), (e).

 

History: Amdts Proposed 26 Com. Reg. 22914 (Aug. 26, 2004); Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The August 2004 amendments proposed to repromulgate this section in its entirety with numerous changes. As of December 2004, a notice of adoption had not been published. See also the commission comment to § 10-20.2-201.

 

The Commission inserted a comma after the word “reorganizations” pursuant to 1 CMC § 3806(g).

 

Subpart F -    Employee Appeals

 

§ 10-20.2-275  General

 

This subpart establishes the Personnel Service Appeals System. Any employee of the Personnel Service may appeal, personally and/or in writing, a decision to take adverse action resulting from reduction-in-force procedures, or an “unsatisfactory” or “satisfactory” performance rating.

 

History: Amdts Proposed 26 Com. Reg. 22914 (Aug. 26, 2004); Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: When it promulgated the 1995 amendments, the Civil Service Commission readopted and republished all of part 200, subpart F. The Commission, therefore, cites the 1995 amendments in the history sections throughout this subpart.

 

The 2004 amendment republished and repromulgated this subpart in its entirety. As of December 2004, a notice of adoption had not been published. See also the commission comment to § 10-20.2-201.

 

§ 10-20.2-276  Rights of the Parties

 

In any appeal the appealing employee and the appointing authority have certain rights which shall not be denied. These include:

 

(a)        Right to a Hearing.

(1)        Upon the filing of an appeal by an employee, both the responsible management official and the employee are entitled to a 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 final decision in writing with service on all parties.

(2)        Only one hearing is held, unless the Commission determines that unusual circumstances require a second hearing. It should be noted that the hearing provided by this subpart is separate and distinct from the employee’s answer and presentation of evidence in response to a 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 the adverse action taken was justified and proper.

 

(b)        Denial of a Hearing.

(1)        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 in writing of the reason(s) for denying a hearing.

(2)        If the Commission determines that no hearing is reasonably possible, the appointing authority and the employee will be notified to submit, in writing, any additional evidence they desire to present on the issues so that a decision can be made on the record without a hearing.

 

(c)        Freedom from Reprisal or Interference.

(1)        Unless 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. An employee and the employee’s representative, therefore, must be free to use the system without restraint, interference, coercion, discrimination, or reprisal.

(2)        An employee, whether acting in an official capacity for the government or on any other basis, must not interfere with, or attempt to interfere with, another employee’s exercise of rights under this subpart. To be fully effective, the spirit as well as the letter of the requirement must be enforced. It is not enough for an official to abstain from overt acts or interference. The official must also refrain from making any statement or taking any action that has the appearance of a threat, interference, or intimidation.

 

(d)       Employee Representation. Employees have the right to present an appeal without representation. They also have the right to be 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 as 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 in that capacity because of priority needs of the service or reasonable cost to the government as determined by the appointing authority or management official. Employees are free to select as their representative anyone outside the government service, but entirely at their own expense.

 

(e)        Government Representation. The appointing authority’s representative at Civil Service Commission hearings must be the Attorney General or designee.

 

(f)        Employee Entitled to Official Time to Prepare an Appeal. Employees are entitled to a reasonable amount of official time to prepare their appeal if they are otherwise in 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 if they are otherwise in 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 of the employees and of the employees’ representatives. The time to be allowed must necessarily depend on the 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 of the supporting evidence compiled by the management official, the availability of 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 if the request is reasonable and should be granted. If granted, the Director of Personnel Management will make the necessary arrangements.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Proposed 26 Com. Reg. 22914 (Aug. 26, 2004); Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: In subsections (a) and (c), the paragraphs were not designated. The Commission designated subsections (a)(1) and (a)(2) and (c)(1) and (c)(2).

 

The 1984 amendments amended subsection (e). See also the commission comments to § 10-20.2-201 and § 10-20.2-275.

 

The Commission inserted commas after the words “discrimination” in subsection (c)(1), “interference” in subsection (c)(2), “represented” in subsection (d), and “employment” in subsection (f) pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-277  Employee Appeal

 

An employee must file an appeal within fifteen calendar days after delivery of the letter of decision. The appeal must be in writing and 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. It 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 an appeal to the Commission. If certified or registered mail is utilized, the appeal must be postmarked no later than the 15th calendar day.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Proposed 26 Com. Reg. 22914 (Aug. 26, 2004); Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comments to § 10-20.2-201 and § 10-20.2-275.

 

§ 10-20.2-278  Preparation for Hearing

 

(a)        When the Civil Service Commission grants a hearing and establishes a hearing date, it will notify the Director of Personnel Management, giving the employee’s name, title, grade, and organizational unit.

 

(b)        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 calendar days, if possible, after receiving notice that hearing has been granted. If it is not possible to hold the meeting or meetings within the seven calendar days, the meeting or meetings will be held as soon thereafter as possible. In such event, the Director of Personnel Management will inform the Commission of the delay and request a hearing date if 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; a summary of each witness’ anticipated testimony; and the availability of each witness in the area of the employee’s duty station during the next thirty days.

(2)        Management’s list of witnesses containing the name, location, and occupation of each witness; a summary of each witness’ anticipated testimony; and the availability of each witness in the area of the employee’s duty station during the next thirty days.

(3)        The availability of the employee and representative and the appointing authority and representative, in the area of the employee’s duty station during the next thirty days.

 

(c)        The Director of Personnel Management shall direct the appointing authority to make available to the Office of Personnel Management and to the employee the appointing authority’s entire adverse action file for review and reproduction.

 

(d)       The employee may inspect and copy any part of the appeal file upon making request.

 

(e)        The employee may request that the government, at its own expense, produce at the hearing those witnesses who are employed by the government and whose testimony the employee alleges, in writing, to be pertinent to the issues and necessary to the employee’s defense. The employee may include in the list of witnesses non-governmental individuals, but arrangements for their presence at the hearing are the obligation of the employee and will be at the expense of the employee unless otherwise ordered by the Commission.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Proposed 26 Com. Reg. 22914 (Aug. 26, 2004); Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comments to § 10-20.2-201 and § 10-20.2-275.

 

The Commission inserted commas after the words “grade” in subsection (a) and “location” in subsections (b)(1) and (b)(2) pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-279  Appeal File

 

When an employee files an appeal from adverse action with the Commission, the Office of Personnel Management must establish and maintain an appeal file containing copies of all available pertinent documents; in addition, that office must immediately forward originals of all pertinent documents to the Commission. The employee appeal file is independent, separate, and distinct from the official personnel folder (OPF). The employee appeal file, both with the Office of Personnel Management and the Commission, must contain all documents pertinent to the appeal, such as:

 

(a)        A copy of the delegation of authority of the management official taking the action;

 

(b)        A copy of the letter of proposed adverse action;

 

(c)        The material relied on by the management official to support the reason(s) listed in the letter of proposed adverse action;

 

(d)       The employee’s written answer, if any;

 

(e)        A transcript or summary of the employee’s presentation of oral evidence and copies of documents presented;  

 

(f)        A copy of the letter of decision;

 

(g)        The employee’s written notice of appeal;

 

(h)        Any pertinent evidence developed after issuance of the letter of proposed adverse action;

 

(i)         The lists of witnesses submitted by both parties;

 

(j)         The reason(s) for not granting a hearing when one is requested but not granted;

 

(k)        The reason(s) for not producing witnesses at the hearing;

 

(l)         The transcript of the Commission hearing when a hearing is held;  

 

(m)       The recommendation(s) of the Commission’s hearing officer, if any; and

 

(n)        A copy of the notice of decision of the Civil Service Commission.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 26 Com. Reg. 22914 (Aug. 26, 2004); Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201 and § 10-20.2-275.

 

The Commission inserted a comma after the word “separate” in the initial paragraph pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-280  Procedural Defects

 

If at any time after the appeal has reached the Commission, it finds a regulatory or procedural defect which would warrant reversal of the action taken by the appointing authority, the Commission will prepare a report of its findings on the issue and order that the action be dismissed. Copies of the findings and the order will be served on all parties.

 

History: Amdts Proposed 26 Com. Reg. 22914 (Aug. 26, 2004); Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comments to § 10-20.2-201 and § 10-20.2-275.

 

§ 10-20.2-281  Status of Employee During Appeal

 

If an employee appeals an appointing authority’s decision given in accordance with adverse action procedures, that decision shall remain in effect unless and until the Commission has entered its findings and decision on the appeal. The Commission may enter such findings and decision on appeals decided by it as it finds the circumstances of the case require and that it deems just and proper.

 

History: Amdts Proposed 26 Com. Reg. 22914 (Aug. 26, 2004); Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comments to § 10-20.2-201 and § 10-20.2-275.

 

§ 10-20.2-282  Performance Rating Appeal

 

(a)        In the event an employee disagrees with a performance rating report, such employee may appeal an “unsatisfactory” performance rating to the Commonwealth of the Northern Mariana Islands Civil Service Commission. The appeal to the Civil Service Commission must be in writing, stating the reasons for the appeal and must be filed to the Director of Personnel Management within thirty calendar days after the date of the employee’s signature on the performance rating report. If a statement of disagreement is not received, the performance rating form shall be processed as received.

 

(b)        An employee has a right to representation of his choice as provided in § 10-20.2-276(d).

 

(c)        Upon receipt of the statement of disagreement, the Director of Personnel Management will appoint an ad hoc committee of three to review the rating and evaluate the objection of the employee. The ad hoc committee shall be selected from among the employees

(1)        Who are on at least equal rank as the appellant;

(2)        Who are not in the supervisory line above the appellant; and

(3)        At least one of whom must have an understanding of the work the employee is performing. The Director of Personnel Management or designee shall serve as Executive Secretary and advisor to the committee.

 

(d)       The ad hoc committee shall review the content of the appeal, make such inquiries of the rating supervisor and the employee as are considered necessary, and, in closed session, arrive at a judgment. The committee may

(1)        Refer the rating and the appeal to the rating supervisor and the reviewing official for reevaluation, or

(2)        Determine that the performance rating should stand.

 

(e)        In the event the committee determines that the appeal is justified and re-rating is required, it shall direct the rating supervisor to correct the rating. The committee’s original orders shall be in writing and shall state specifically where the original rating was deficient. All documentation in support of this conclusion must accompany the rating when referred back to the rating supervisor.

 

(f)        If the employee is not satisfied with the decision of the ad hoc committee, the employee may appeal to the Civil Service Commission, using the procedure defined in this subpart for appeals from adverse action decisions.

 

Modified, 1 CMC § 3806(c), (e), (f).

 

History: Amdts Proposed 26 Com. Reg. 22914 (Aug. 26, 2004); Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1988 amendments repealed former subsection (c) and redesignated the remaining subsections (d) through (f). The 1995 amendments amended subsections (a) and (b) and republished and readopted the entire section. See also the commission comments to § 10-20.2-201 and § 10-20.2-275.

 

The Commission inserted a comma after the word “necessary” in subsection (d) pursuant to 1 CMC § 3806(g).

 

Subpart G -    Grievance Procedure

 

§ 10-20.2-285  General

 

Consistent with the principles of good management, the government recognizes the importance of settling labor-management disagreements and misunderstandings promptly, fairly, and in ways that will maintain the self-respect of both the employee and the supervisor. To accomplish this, every effort will be made to settle grievances expeditiously and at the lowest possible level of supervision.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

The Commission inserted a comma after the word “fairly” pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-286  Employee Coverage

 

The personnel service grievance system covers all Personnel Service System employees.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

§ 10-20.2-287  Grievance Coverage

 

The grievance system will cover all matters of concern or dissatisfaction to an eligible employee unless excepted by § 10-20.2-288.

 

Modified, 1 CMC § 3806(c).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

§ 10-20.2-288  Matters Not Covered

 

The grievance system will not cover the following:

 

(a)        An adverse action appealed under part 200, subpart D;

 

(b)        A fitness-for-duty examination;

 

(c)        The content of published government policy;

 

(d)       Non-selection for appointment, promotion, or transfer from a group of properly ranked and certified candidates;

 

(e)        Non-adoption of a suggestion or disapproval of a merit increase, performance award, or other kind of honorary discretionary award; and

 

(f)        An employee who is serving on probationary status.

 

Modified, 1 CMC § 3806(c).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

§ 10-20.2-289  Freedom from Restraint

 

Employees will be unimpeded and free from restraint, interference, coercion, discrimination, and reprisal in seeking adjudication of their grievances and appeals.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

The Commission inserted a comma after the word “discrimination” pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-290  Employee’s Right to Representation

 

The government recognizes that grievances are personal in nature and that aggrieved employees or groups of employees must have the right in presenting their grievances to be accompanied, represented and advised by representatives of their own choosing. Thus, in the formal grievance process, as hereinafter defined, the employee or group of employees have the right to be represented by counsel or other representative of their own choosing at their own discretion. If the employee or group of employees choose to serve as their own representative or to designate a member of the aggrieved group as spokes-person, they may do so.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

§ 10-20.2-291  Role of the Civil Service Commission

 

The Civil Service Commission serves as the ultimate appellate level for grievances of employees or groups of employees. It shall take under cognizance only those formal grievances which cannot be settled to the satisfaction of all concerned in accordance with the formal grievance procedure defined in § 10-20.2-293.

 

Modified, 1 CMC § 3806(c).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

§ 10-20.2-292  Employee’s Right to Seek Advice

 

Sometimes an employee has a valid reason for not taking a grievance to the immediate supervisor. The grievance system, therefore, provides opportunity for an employee to communicate informally with and seek advice from the Personnel Office and/or a supervisory or management official of higher rank than the employee’s immediate supervisor.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-201.

 

§ 10-20.2-293  Informal Grievance Procedure

 

(a)        The grievance action shall first be initiated by the aggrieved employee who will discuss the problem informally with the supervisor, of if the employee feels the relationship with the immediate supervisor is such that the matter cannot be reasonably discussed, the employee may discuss it with the next level of supervision. A grievance concerning a particular act or occurrence must be presented within ten calendar days of the date of the act or occurrence or the date the aggrieved employee became aware of the act or occurrence.

 

(b)        If the grievance is not settled within five calendar days, or if the employee is not satisfied with the decision of the immediate supervisor, the employee or representative may, within the next ten calendar days, put the grievance in writing and submit it to the appointing authority as a formal grievance. The written representation must contain the following information:

(1)        The identity of the aggrieved employee and the organization in which the employee works;

(2)        The details of the grievance;

(3)        The corrective action desired; and

(4)        The name of the employee’s representative, if any.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1984 amendments amended subsection (b)(1). See also the commission comment to § 10-20.2-201.

 

§ 10-20.2-294  Formal Grievance Procedure

 

(a)        The appointing authority will examine the grievance, discuss it with the grievant or representative, and render a decision, in 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.

 

(b)        If the appointing authority is not successful in settling the grievance to the employee’s satisfaction within fourteen calendar days after it is presented to the employee in writing, the employee shall, within fifteen calendar days after receiving written notification of the decision, submit a grievance to the Civil Service Commission.

 

(c)        The Civil Service Commission shall set a time for its review of the case within a reasonable time after receiving a grievance. If the Commission desires to have the grievance heard by a hearing officer, it must inform the aggrieved employee and representative as soon as possible.

 

(d)       In hearings before the Civil Service Commission or a hearing officer, the aggrieved employee and/or representative shall be allowed to appear and present the case. An 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 Commission or the hearing officer shall prepare a summary of the hearing. If both parties desire a formal, written record prepared by a reporter, the cost of such services shall be shared equally. If only one side desires a formal written record of the proceedings, that side shall bear the cost.

 

(e)        The Civil Service Commission shall reach a decision and present it formally to the appropriate management official within fifteen working days following the close of the formal hearing. Decision by the Civil Service Commission shall be made by a two-thirds vote of the entire members, as required by 1 CMC §§ 8101, et seq., and shall be final.

 

(f)        If the aggrieved employee is dissatisfied with the decision after having exhausted all administrative appeal levels, the employee has recourse to the courts.

 

(g)        The Personnel Officer shall be kept informed as to the progress of a formal grievance and is responsible for assuring that the time limits established in this procedure are met. The Personnel Officer is also responsible to assure that the formal record of the grievance is assembled into one place, stored and safeguarded.

 

(h)        The Personnel Officer shall be the final custodian of all records of a grievance and is responsible for their proper storage and security.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1984 amendments amended subsections (c) and (e). See also the commission comment to § 10-20.2-201.

 

The Commission inserted a comma after the word “representative” pursuant to 1 CMC § 3806(g).

 

Part 300 -       Position Classification and Compensation

 

Subpart A -    Position Classification

 

§ 10-20.2-301  General

 

All positions subject to the provisions of the Personnel Service System shall be classified in accordance with the approved Position Classification Plan.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The proposed 2002 amendments republished all of part 300. The Commission, therefore, cites the 2002 amendments in the history sections throughout this part. As of December 31, 2004, the Civil Service Commission had not adopted the May 2002 amendments.

 

§ 10-20.2-302  Definitions

 

(a)        “Position Classification.” Position classification means the process by which employment positions in an organization are identified, described, and defined according to their duties and responsibilities, with like positions segregated into groups called “classes.” A systematic record is made of the classes found and a listing is made of the particular positions found to be of each class.

 

(b)        “Class.”

(1)        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 be used to choose qualified employees, and the same schedule of compensation may be applied with equity under the same or substantially the same employment conditions of a given class; although sufficiently dissimilar from any position or any other group of positions to warrant exclusion from those groups of positions.

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

 

(c)        “Position.” The work, consisting of duties and responsibilities assigned by competent authority for performance by an employee.

 

(d)       “Position Classification Plan.” Position Classification Plan means classes of positions arranged in a systematic order to reflect all of the kinds and levels of work utilized in the Personnel Service.

 

(e)        “Appointing Authority.” Appointing authority means a person or a designee of such a person having power to make appointments or changes in status of an employee in the Personnel Service.

 

(f)        “Allocation.” Allocation of a position means the assignment of a position to its appropriate class on the basis of analysis of the duties and responsibilities of the position.

 

(g)        “Reallocation.” Reallocation of a position is a position change resulting from a change of duties and responsibilities over a period of time, not a result of planned management decision and action.

 

(h)        “Reclassification.” Reclassification means change of a position or group of positions to a different class as a result of a change in assigned duties and responsibilities, classification standards, or as a result of correcting a classification error.

 

(i)         “Class Specification.” Class specification means an official position classification plan document description of the general characteristics of a class, and includes the official class title, a detailed description of the scope of duties and responsibilities of the class, specific examples of work or typical duties performed, and a statement of the qualifications required to perform the work of the class.

 

(j)         “Occupational Group.” Occupational group means a major subdivision of a position classification plan, generally embracing several series of classes of positions in associated or related work specialties, professions, or related activities. (For example, “Clerical and Machine Operation,” “Administrative, Management, and Allied,” and “Agricultural and Allied” are occupational groups.)

 

(k)        “Series of Classes.” Series of classes means classes closely related as to occupational specialty but differing in level of difficulty, responsibility, and qualifications required. (For example, the three classes of Architect I, Architect II and Architect III taken together make up a series of classes.)

 

(l)         “Position Description.” Position description means a formal, official written statement by management which documents the description, assignment, or arrangement of the duties and responsibilities of a position.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: In subsection (b), the paragraphs were not designated. The Commission designated subsections (b)(1) and (b)(2). See also the commission comment to § 10-20.2-301.

 

The Commission inserted commas after the words “described” in subsection (a), “performed” in subsection (i), “professions” in subsection (j), “responsibility” in subsection (k), and “assignment” in subsection (l) pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-304  Principles and Policy

 

(a)        The basic principles underlying the position classification system are:

(1)        Equal pay for equal work; and

(2)        Variations in pay in proportion to differences in difficulty, responsibility, and qualification requirements of the work.

 

(b)        The Personnel Service System’s position classification program applies these principles in response to management’s expressed needs and in 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 in 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.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b). See also the commission comment to § 10-20.2-301.

 

The Commission inserted a comma after the word “responsibility” in subsection (a)(2) pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-306  Responsibilities

 

(a)(1)   Personnel Officer

(i)         Administers a classification program which supports management’s objectives, meets legal and regulatory requirements, and promotes participation by operating officials in the classification process.

(ii)        Provides advice and assistance to management on the classification aspects of position structure needed to carry out the government’s mission.

(iii)       Conducts periodic reviews to evaluate the effectiveness of the classification program and directs corrective action where appropriate.

(iv)       Develops new classification standards, revises existing standards as needed, seeks advice and counsel of appointing authorities with the approval of the Civil Service Commission.

(v)        Groups positions into classes on the basis of their similarities in duties, responsibilities, and other significant factors.

(vi)       Assigns a title to each class which shall apply to all positions in the class; prescribes the characteristics of each class; and sets the standards for employment in any position in the class subsequent to consultation with the Civil Service Commission and the appropriate management officials.

(vii)      Changes a position from one class to another where substantial changes have occurred in the duties and responsibilities.

(viii)     Determines the status of occupants of positions which have been changed from one class to another.

(2)        The Personnel Officer 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.

 

(b)        Appointing Authorities and Supervisors

(1)        Plan, organize, develop, and assign duties and responsibilities to positions, whether occupied or vacant;

(2)        Consider the mission of the organization and structure positions for accomplishment of requirements in the most effective and economical manner possible;

(3)        Assure that assigned duties and responsibilities do not duplicate or overlap those of other positions;

(4)        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;

(5)        Develop, prepare, maintain, and submit factual and up-to-date functional statements and organizational position charts which clearly depict such information as assigned organizational and/or supervisory responsibility, organizational segment identification, employee names with official class titles and pay levels for the positions to which assigned, the title and pay levels of vacant positions which are funded and approved, and other similar essential details; and  

(6)        Assist employees to accomplish the foregoing.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: In subsection (a), the paragraphs were not designated. The Commission designated subsections (a)(1) and (a)(2). The Commission inserted commas after the words “responsibilities” in subsections (a)(1)(v), “develop” in subsection (b)(1), and “maintain” in subsection (b)(5) pursuant to 1 CMC § 3806(g).

 

The 1984 amendments amended subsection (a)(1)(vi). See also the commission comment to § 10-20.2-301.

 

§ 10-20.2-308  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. A well defined position has clearly defined operation, tasks, duties, authorities, responsibilities, and supervisory relationships.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-301.

 

The Commission inserted a comma after the word “responsibilities” pursuant to 1 CMC § 3806(g).

 

Subpart B -    Compensation

 

§ 10-20.2-310  General

 

All persons subject to the provisions of 1 CMC §§ 8101, et seq., and Constitutional Amendment No. 41 shall be compensated in accordance with such laws and the provisions of this subpart.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: When it promulgated the 1995 amendments, the Civil Service Commission readopted and republished all of part 300, subpart B. The Commission, therefore, cites the 1995 amendments in the history sections throughout this subpart. See also the commission comment to § 10-20.2-301.

 

§ 10-20.2-312  Compensation Plan

 

The classes in the position classification plan, when assigned to appropriate pay levels of the base salary schedule as established, shall constitute the basic compensation plan. The Director of Personnel Management shall assign all classes in the position classification plan to appropriate pay levels in the base salary schedule in accordance with the following:

 

(a)        Kind and level of work;

 

(b)        Degree of difficulty and responsibility;

 

(c)        Kind, quality and level of qualification requirements;

 

(d)       Relationship to other classes in its occupational group and of its occupational group to other occupational groups.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-301.

 

§ 10-20.2-314  Periodic Review of Compensation Plan

 

The Director of Personnel Management shall periodically conduct necessary and appropriate studies of rates of compensation and compensation practices in all geographic areas from which employees are normally recruited, and shall recommend and transmit the same to the Civil Service Commission for its review. Following such review, the Commission shall submit the same, together with its comments and recommendations, to the Legislature for review and approval as stated in 1 CMC §§ 8101, et seq.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-301.

 

§ 10-20.2-316  Establishing Salary upon Appointment

 

(a)        Salary shall be fixed at the first step of the appropriate pay level upon initial appointment. Should a higher rate be deemed necessary to recruit, and is appropriate to the qualifications of the applicant, the salary may be fixed at any succeeding step. Payment of salary above step 1of pay level must be approved by the Director of Personnel Management.

 

(b)        When a person may be reemployed after a break in service of one or more days into a position in a class and pay level lower than the highest class and pay level previously held, the salary may be set at the highest previous rate held, provided the rate does not exceed the salary range of the lower pay level. (See § 10-20.2-322.)

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-301.

 

§ 10-20.2-318  Promotions

 

An employee who is promoted from a position in one class to an existing position in a higher class shall be compensated at the lowest step in the new pay level which at least equals the amount of two step increases in the old pay level. The rate of compensation must not exceed the rate of the maximum step in the higher pay level. The effective date of the promotion shall be the new service anniversary date for the promoted employee. An employee shall not be promoted into a supervisory position until and unless such employee has satisfactorily completed training in workshops sanctioned by the Office of Personnel Management in the areas of basic and/or advanced supervisory management. Retroactive promotions shall not be made except when directed by a decision of the Civil Service Commission pursuant to an employees appeal.

 

Modified, 1 CMC § 3806(e), (f), (g).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 11 Com. Reg. 6156 (Apr. 15, 1989); Amdts Proposed 11 Com. Reg. 5854 (Feb. 15, 1989); Amdts Adopted 10 Com. Reg. 5579 (July 15, 1988); Amdts Proposed 10 Com. Reg. 5557 (June 15, 1988); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-301.

 

§ 10-20.2-320  Temporary Promotions

 

A temporary promotion is utilized when it is anticipated that an employee will temporarily occupy a position for a period in excess of three months. An employee can be temporarily promoted only if such employee meets the qualifications standards of the new position. The employee temporarily promoted shall be compensated at the step in the new pay level which is at least equal to an increase of two steps at the current pay level. The employee must be informed in advance and agree, in writing, that at the expiration of the temporary promotion, the employee will be returned to the former salary (level and step) that s/he would be receiving had the employee remained in the former position. No temporary promotion shall exceed a period of one year except when the temporary promotion is to replace an employee on educational leave outside the Commonwealth. In this instance, the temporary promotion may continue for not longer than two years.

 

Modified, 1 CMC 3806(e).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-301.

 

§ 10-20.2-322  “Acting” Assignment

 

(a)        An “acting” assignment is the designation, in writing, that an employee will act for a period of up to thirty days in place of a supervisor. When the supervisor’s absence exceeds the initial thirty-day period, a new designation shall be made for an additional thirty days. This thirty-day renewal of the acting assignment is repeated until the supervisor returns to the position. Whenever the acting assignment exceeds ninety days, the employee shall be temporarily promoted if the employee meets the qualifications standards of the position. If the acting assignment exceeds ninety days and the employee does not meet the qualifications standards of either the target level or the intermediate level, the employee shall be compensated with two steps in the current pay level, but may not exceed the maximum step.

 

(b)        When an employee in the classified service is designated for an acting assignment in the excepted service, the employee shall be required to resign from the classified service in order to accept the said acting assignment. While in the acting assignment, the employee shall be entitled to receive a salary equivalent to the salary received by the previous incumbent of the position.

 

(c)        Upon expiration of the acting assignment, the employee will be reinstated to the former position and salary (level and step) that the employee would be receiving had the employee remained in the former position.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (c). See also the commission comment to § 10-20.2-301.

 

§ 10-20.2-324  Detail

 

A detail is the temporary assignment of an employee to a different position for a specified temporary time period, with the employee returning to the regular position and duties at the end of the detail. Technically, a position is not filled by a detail, as the employee continues to be the incumbent of the position from which detailed. Normally, whenever it is anticipated that the need for a detail will exceed ninety days, it is more appropriate to effect a temporary promotion (see § 10-20.2-320) if the employee is qualified at the higher grade. Individuals who do not meet the qualification standards of the promotion at the higher grade cannot be temporarily promoted, however, and must voluntarily agree to any period for which the detail exceeds ninety days. An employee also may be detailed to a set of duties, which must be specifically described in the task list, when the government’s need for necessary or emergency services cannot be obtained by other desirable or practical recruitment means.

 

Modified, 1 CMC § 3806(c), (e).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987).

 

Commission Comment: See the commission comment to § 10-20.2-301.

 

§ 10-20.2-326  Demotion

 

(a)        An employee demoted because of abolishment of position or reallocation of position to a lower pay level, except at the employee’s own request, shall be compensated at the salary rate which does not exceed the employee’s current pay rate. Where the employee’s current rate exceeds the rate of the maximum step of the lower pay level, the employee shall be compensated at such maximum step. An employee demoted as a disciplinary measure shall have his/her compensation reduced to the corresponding step of the lower pay level, and may, with the approval of the Director of Personnel Management, be compensated at a lower step.

 

(b)        An employee demoted at his/her own request shall have pay set at the step in the lower pay level which corresponds to the step held in the higher level.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b). See also the commission comment to § 10-20.2-301.

 

§ 10-20.2-328  Transfer

 

An employee who is transferred to a different position at the same pay level shall receive no change in compensation. An employee may transfer from the classified service in one branch of government to the classified service in another branch of the government with no loss of benefits. A minimum of two weeks’ notice must be given the losing supervisor or appointing authority prior to effecting a transfer.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-301.

 

§ 10-20.2-330  Effect on Service Anniversary Date

 

An employee’s service anniversary date will not be affected by a detail, acting assignment, or temporary promotion.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-301.

 

§ 10-20.2-332  Reallocation/Reclassification of Position to Higher Pay

 

An employee whose position is reallocated/reclassified to a higher class shall be compensated at the lowest step in the higher pay level which at least equals the amount of a two 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 recycled.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-301.

 

§ 10-20.2-334  Effective Date of Position Changes

 

The effective date of all position changes shall be the beginning of the first pay period immediately following the approval of the action by the Director of Personnel Management. Exceptions to this rule may be made by the Director of Personnel Management only for such reasons as will expedite public business and not result in an inequitable situation.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-301.

 

§ 10-20.2-336  Within-grade Increases

 

(a)        Within-grade increases may be granted to employees upon completion of fifty-two consecutive calendar weeks of satisfactory performance.

 

(b)        Employees who are included under the Personnel Service System and assigned to work part-time will be eligible for a within-grade increase only at such time as the cumulative total of all hours worked equates to a standard work year of 2,080 hours and such work has been satisfactory. Employees who are employed on an intermittent basis are not eligible to receive within-grade increases.

 

(c)        The effective date of a within-grade step increase shall be the first day of the first pay period following completion of the required waiting period.

 

(d)       For all positions, approved leave in a non-pay status (LWOP) and/or unapproved leave (AWOL) not to exceed eighty hours, is creditable toward the waiting period for a within-grade increase. Unapproved leave (AWOL) and leave without pay (LWOP) of more than eighty hours will extend the waiting period by at least one pay period or by the amount of time such AWOL or LWOP exceeds the eighty hours, whichever is greater.

 

(e)        Time served in a LWOP status for purposes of job-related education or training is credited toward within-grade increases, the same as if the employee had been in a pay status for that period of time on LWOP, provided that the employee is a registered or enrolled student. To be creditable toward the waiting period, the education program in which the employee is enrolled must be clearly and directly applicable to the employee’s present position or one to which the employee may reasonably aspire, and for which the employee is released from full-time status and placed in an approved leave without pay (LWOP) status, and in which the employee performs satisfactorily as determined by management and the Director of Personnel Management.

 

(f)        A former employee reemployed with a break in service is assigned and begins a new waiting period for a within-grade increase. No credit will be given toward the completion of this new waiting period for any time served under a former waiting period prior to the break in service.

 

(g)        Time served during provisional status shall not be counted toward the required waiting period in receiving a within-grade step increase.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 11 Com. Reg. 6156 (Apr. 15, 1989); Amdts Proposed 11 Com. Reg. 5854 (Feb. 15, 1989); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1989 amendments added new subsection (g) and readopted the other subsections. The 1995 amendments republished and readopted the entire section. See also the commission comment to § 10-20.2-301.

 

§ 10-20.2-338  Workshops

 

An employee occupying a permanent position who after July 1, 1983 successfully completes 120 hours of training workshops that are supervised, sponsored and/or sanctioned by the Director of Personnel Management may be given a salary increase equivalent to one step.

 

(a)        No employee may receive more than one step increase under this subpart in any one calendar year regardless of the number of training workshops that are successfully completed. Employees who are employed on an intermittent basis are not eligible to receive this increase.

 

(b)        Upon determination of the appointing authority that such employee is eligible to receive a salary increase as provided for in this subpart, the appointing authority shall prepare, sign and submit a request for personnel action to the Director of Personnel Management for final approval.

 

(c)        The effective date of a training workshop salary increase shall be the beginning of the pay period immediately following the approval of the Director of Personnel Management.

 

(d)       This increase shall not affect the anniversary date of the employee.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1984 amendments amended subsection (c). The 1988 amendments removed subsection (c). Subsection (c) was reinstated in 1995. See also the commission comment to § 10-20.2-301.

 

§ 10-20.2-340  Overtime Compensation, Compensatory Time and Control

 

Any employee who exceeds forty hours actually worked in a week shall be paid overtime at the rate of one and one-half times the regular rate of pay, except as provided below.

 

(a)        Exceptions. Bona fide executive, administrative and professional employees are exempt from payment for overtime. These terms shall have the meanings given them in the federal Fair Labor Standards Act of 1938, as amended (FLSA). Following is a summary of the FLSA criteria for these terms. However, the full explanation of these terms under federal law is extensive and complex and may change from time to time. The Office of Personnel Management and each agency not served by that office are responsible for determining whether or not a position fully meets the federal criteria for one of these categories. For such purpose, they may seek guidance from the Civil Service Commission, Office of the Attorney General, or the U.S. Department of Labor, as necessary.

(1)        Executive employees. The term executive employee generally includes employees--

(i)         Whose primary duty is management of a department, division, section, or other customarily recognized subdivision of the government; and

(ii)        Who customarily and regularly direct the work of at least two employees; and

(2)        Administrative Employees. The term administrative employee generally includes employees--

(i)         Whose primary duty consists of

(A)       Responsible office or non-manual work directly related to management or policies or general operations of the employing agency, or

(B)       Responsible work in the administration of a school, educational establishment, or department (or of a subdivision thereof) that is directly related to the academic instruction or training; and

(ii)        Such primary duty includes work requiring the exercise of discretion and independent judgment.

(iii)       Examples: Positions that often qualify under this exemption include executive and administrative assistants, such as executive secretaries and special assistants; staff employees, such as advisors, research experts, and analysts; and heads of small work units (generally those performing staff functions), including one-person units. However, regular secretaries, clerks, bookkeepers, and most “specialists,” even though they do work commonly considered to be administrative in nature, are not exempt.

(3)        Professional Employees. The term professional generally includes employees -

(i)         Whose primary duty consists of work requiring knowledge of an advanced type in a field of science or learning, e.g., physicians and attorneys, or work as a teacher in an activity of imparting knowledge, which requires consistent exercise of discretion and judgment; or

(ii)        Whose primary duty is artistic work that requires invention, imagination, or talent in a recognized field of artistic endeavor.

(4)        Additional federal criteria for each category apply to any employee who receives less than $250 a week ($13,000 annually). No employee shall be categorized as an executive or administrative employee who is not paid a salary of at least $155 a week ($8,060 on an annual basis). No employee (except certain doctors, lawyers or teachers) shall be categorized as a professional employee who is not paid a salary of at least $170 a week ($8,840 annually).

(5)        Every personnel action or request therefore to appoint, promote, transfer or detail an individual to a position shall be endorsed by the Office of Personnel Management (or agency not serviced by the office) either “FLSA covered” or FLSA exempt,” and the latter term shall only apply to bona fide executive, administrative, or professional employees. The criteria used in justifying such exemptions must be documented in the employees’ job descriptions. Every examination announcement, promotional opportunity announcement, or other vacancy announcement for a position that is FLSA exempt shall indicate that the holder of that position is not eligible for payment for overtime. If changes in a job description effectively change an employee’s coverage or exemption under the FLSA, a special personnel action shall be prepared to document such change.

(6)        In addition to the above exceptions, no employee shall be eligible to receive overtime pay for any hour for which the typhoon emergency differential is paid.

 

(b)        Hours Actually Worked. Overtime compensation will only be paid for hours actually worked in excess of forty hours a week. Paid leave shall not be included in the computation of hours actually worked, except for administrative leave allowed pursuant to § 10-20.2-620(g)(1) or § 10-20.2-620(g)(3). Time during which an employee is required to remain at a prescribed workplace shall be included in the hours actually worked, even if no work is performed.

 

(c)        Payments Included in Determining Regular Rate of Pay. The regular rate of pay shall include consideration of the following compensation for employment:

(1)        Basic pay (one-eightieth of biweekly salary) for the first forty hours actually worked in the workweek, including work on a holiday (but not the amount also paid for holiday leave), and including basic pay for work during a typhoon emergency (but not the amount also paid for administrative leave), regardless of whether actual compensation during such emergency is higher because any such work was performed outside of regular duty hours; and

(2)        Any hazardous work differential earned during the workweek; and

(3)        Any night work differential (which can only be earned during regular duty hours); and

(4)        Any premium earned for remaining on call for duty during a regularly scheduled period in excess of a forty hour week; and

(5)        Payment for housing or transportation to and from work provided to the employee, or the fair value of those benefits if they are provided directly by the government, pro-rated to determine the amount for that workweek. The fair value shall be the amount specified by the Secretary of Finance for tax purposes.

 

(d)       Calculation of Regular Rate of Pay and Overtime. The computations set forth below are guidelines that describe how overtime generally is computed under the FLSA as of the effective date of this provision. However, there are numerous official federal interpretations that may be applicable in individual cases. Also, as a result of federal statutory or regulatory changes or as a result of court rulings, the computations may change from time to time. In case of any discrepancy applicable federal law, regulations, and interpretations shall be followed in lieu of these guidelines. All payroll offices are required to become knowledgeable and keep current regarding applicable overtime regulations under the FLSA. Guidance should be sought, as necessary, from the U.S. Department of Labor.

(1)        The regular rate is an hourly rate. Except as described in subsection (d)(2) below, the items of compensation for the week in question included pursuant to subsections (c)(1) through (5) of this section shall be added together and then divided by forty to determine the regular rate. For the week’s work, the employee shall receive cash wages including all amounts under subsections (c)(1) through (c)(4), plus any cash payment under subsection (c)(5), plus payment for each hour in excess of forty at one and one-half times the regular rate for that workweek.

(2)        If any hazardous work differential is earned during overtime hours, federal regulations require that a special calculation be made as follows: first compute the basic hourly rate (generally one-eightieth of the biweekly salary); multiply this by the total number of hours actually worked during the workweek (including overtime hours) and add all amount under subsections (c)(2) through (c)(5). This is the regular pay for all hours. Then divide this regular pay amount by the total number of hours actually worked to determine the regular rate. For the week’s work the employee shall receive the regular pay for all hours as computed above, plus an overtime premium for each hour worked in excess of forty at one-half such regular rate. Cash wage would be this amount less the value of any benefit under subparagraph (c)(5) received in kind. Any payroll office, at its option, may use this method for all overtime calculation.

(3)        Example for Paragraph (d)(2): An employee who earns $640 biweekly works 46 hours in a workweek. The employee is entitled to hazardous work differential for 16 of these hours, 10 during regular duty and all 6 of the overtime hours. The employee’s regular rate of pay would be computed as follows: 46 hours at $8 ($368), plus hazardous work differential at 25% of $8 for 16 hours ($32), for regular pay for all hours of $400. Divide this by 46 hours for a regular rate of pay for all hours of $8.70 per hour. For the week’s work the employee would receive regular pay for all hours of $400 plus a 50% overtime premium for the 6 overtime hours at $4.35 ($26.10) for a total of $426.10. Not that the overtime hours are considered twice - once at straight time and once at a 50% premium, for a total of time-and-a-half.

 

(e)        Compensatory Time. If funds are not available for overtime compensation, compensatory time off may be granted at the rate of one and one-half hours for each hour actually worked of overtime, provided that:

(1)        The employee signs a statement agreeing to compensatory time in place of overtime; and

(2)        The maximum authorized accumulation of compensatory time is eighty hours. When an employee has accumulated eighty hours of compensatory time off, all overtime must be paid in cash; and

(3)        An employee’s request to use compensatory time off must be granted within a reasonable time unless the responsible official determines that time off would be unduly disruptive to operation of the activity; and

(4)        Accrued balances of compensatory time off at the termination of employment must be paid at the average basic pay of the employee over the last three years of employment or the final basic pay, whichever is higher.

(5)        Transition Provision. All compensatory time of carried “off the books” through an in-house agreement or arrangement shall be converted to official compensatory time of* as of the effective date of this amendment. The approving official shall be personally liable for any compensatory time off granted through a non-official in-house agreement or arrangement after the effective date of this amendment. An employee who has a balance of more than eighty hours of compensatory time because of this transition provision must be paid immediately for the balance exceeding eighty hours. If funds are not available for such immediate payment, the balance will be converted to annual leave.

 

* So in original.

 

(f)        Reduction and Control of Overtime. Intelligent and responsible control of overtime is a 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 of the worker-hours available during the 40-hour work week; eliminate unessential or 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 be delayed without undue hardship. 

(3)        Where recurring overtime appears necessary, compare the relative cost of additional personnel versus the current cost of overtime. Where additional personnel would result in less cost to the government, reassign employees in less essential positions, wherever possible.  

(4)        Pool clerical personnel and loan employees from one activity to another as the needs require. No situation should be allowed to exist wherein employees are not fully occupied in necessary work the full eight hours a day.  

(5)        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 will encourage other employees to raise their sights.

(6)        Ensure that timekeeping duties are accomplished during regular working hours. Overtime shall not be authorized for timekeeping.

(7)        Minimize use of compensatory time off. Excessive use of compensatory time will take employees away from the workplace in the future and create a need for more overtime.

 

(g)        Approval of Overtime. 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 is delegated.

(1)        An employee who is suffered or permitted to work overtime without authorization shall be paid, because the time represents an obligation of the government.

(2)        The responsible management official has an obligation to discourage overtime which is not approved, and must take disciplinary action, when appropriate, against an employee who works overtime without authorization. The Director of Personnel may request documentation of the steps taken by management to control unauthorized overtime.

(3)        As a general policy, an 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.

 

(h)        Supervisors Working Overtime. As a general policy, management officials should refrain from directing supervisory personnel to work overtime.

 

(i)         Supervision of Overtime Work. In the event three or more employees are directed to work overtime, a supervisor must be present to ensure proper utilization of the overtime period.

 

Modified, 1 CMC § 3806(c), (d), (e), (f), (g).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 19 Com. Reg. 14894 (Jan. 15, 1997); Amdts Emergency and Proposed 18 Com. Reg. 14357 (Oct. 15, 1996); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 11 Com. Reg. 6156 (Apr. 15, 1989); Amdts Proposed 11 Com. Reg. 5854 (Feb. 15, 1989); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The final paragraph of subsection (a)(2) was not designated. The Commission designated it subsection (a)(2)(iii). The final three paragraphs of subsection (a) were not designated. The Commission designated subsections (a)(4) through (a)(6). The Commission also designated the final paragraph of subsection (d) as subsection (d)(3).

 

The 1989 amendments added new subsection (f)(6). The 1995 amendments added new subsections (a)(1) through (a)(3), (b), (c), (d)(1), (e), (f)(7), (g)(1) and (g)(2), and amended and readopted all other then-existing provisions of this section (now subsections (f) through (i)). The 1997 amendments added new subsections (a)(4) through (a)(6), (d)(1) through (d)(3), and amended subsections (a)(1) through (a)(3) and (c)(1) through (c)(3). See also the commission comment to § 10-20.2-301.

 

In subsections (a)(2)(iii) and (a)(5), the Commission moved commas inside of the closing quotation marks after “specialist” and “FLSA exempt,” respectively. The Commission inserted commas after the words “section” in subsection (a)(1)(i), “industry” in subsection (f)(1), and “awards” in subsection (f)(5) pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-342  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 of overtime pay, the workweek is the 168-hour period beginning at 12:01 a.m. on Sunday, unless a different FLSA workweek is specified for a particular position.

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 19 Com. Reg. 14894 (Jan. 15, 1997); Amdts Emergency and Proposed 18 Com. Reg. 14357 (Oct. 15, 1996); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-301.

 

§ 10-20.2-344  Use of Non-standard Work Week

 

Non-standard work weeks may be used to provide continuity of 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 hours per week. When it becomes necessary to change an employee from a standard work week to a non-standard work week, the employee shall be given notice ten working days in advance of the effective date of the change. If an employee is not given the required notice of change in schedule of work, the employee shall be compensated at the overtime rate for those days worked within the first ten working days which do not fall within the standard work week.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 11 Com. Reg. 6156 (Apr. 15, 1989); Amdts Proposed 11 Com. Reg. 5854 (Feb. 15, 1989); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-301.

 

§ 10-20.2-346  Holidays

 

All government employees shall receive leave with pay on each legal holiday.

 

(a)        Payment for Work on Holidays: An 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.

 

(b)        Holiday Pay in a Non-standard Work Week. When holidays fall on a regular non-work day for employees whose basic work week is other than the standard work week, the work day immediately preceding or succeeding the holiday shall be designated (as determined by the department head) as the holiday in lieu of such holiday which occurs on the employee’s scheduled non-work day:

(1)        Such employees who have designated holidays in lieu of the official holiday shall, if possible, be excused from duty on the designated holiday.   

(2)        Such employees who are required to work on their designated holiday shall receive the basic salary rate for work performed on that day, and shall also receive holiday leave with pay.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1984 amendments amended subsection (a). The 1995 amendments amended subsections (a) and (b)(2) and republished and readopted the entire section. See also the commission comment to § 10-20.2-301.

 

§ 10-20.2-348  Merit Increase

 

(a)        An employee with a minimum of four exceptional ratings may additionally be granted a merit increase not to exceed one step increase in the base salary upon completion of fifty-two consecutive calendar weeks of sustained superior work performance. Such additional merit increase shall not alter the waiting period required for qualifying for the next within-grade step increase. No employee shall be compensated above the maximum step prescribed for the employee’s pay level except where the employee was receiving such compensation pursuant to law.

 

(b)        A request for merit increase is initiated and signed by the supervisor, attached to an approval recommendation from the appointing authority, and then forwarded to the Director of Personnel Management for review and final approval.

 

(c)        The effective date of all merit increases shall be the beginning of the pay period immediately following the final approval of the Director of Personnel Management. Exceptions to this rule may be made by the Director of Personnel Management only for such reasons as might expedite public business and not result in an inequitable situation.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (c).

 

The 1984 amendments amended subsection (b). The 1995 amendments amended subsection (a) and republished and readopted the entire section. See also the commission comment to § 10-20.2-301.

 

§ 10-20.2-350  Premium Pay

 

See § 10-20.2-352 for approval of proposals to provide premium pay or differentials.

 

(a)        Hazardous Work. All employees meeting the qualification criteria below, whose occupation involves unusual and extreme hazards to their health and safety, shall be paid a differential of twenty-five percent of their base salary rate for any hour actually worked while exposed to the hazard. Eligibility will be for a specified period up to 90 days, and any renewal must be reviewed in the same manner and for the same maximum period as an original request for the differential. To qualify for payment of a hazardous work differential, the following conditions of work must be met:

(1)        The conditions of usual and extreme hazard to the employee’s health and safety must be clearly evident and fully defined;

(2)        The hazard, on which a request for payment of such differential might be based, has not previously been recognized in the establishment of the pay level for the class which covers the position(s) and work involved; 

(3)        Exposure to the particular unusual and extreme hazard must constitute a reasonable amount of time so as to be clearly recognizable. For example, several repeated exposures to such a hazard may occur for a 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 an unusual and extreme hazard is readily more recognizable and measurable.

(4)        Upon receipt of a request to renew a hazardous differential, the Director of Personnel Management shall:

(i)         Review the pay level assigned to the class which covers the position involved and the hours actually worked by employees with that classification while exposed to the hazard involved, and determine whether the pay level should be adjusted for the entire class; and

(ii)        Review the justification provided by management to determine whether the employee is still eligible for the hazardous work differential.

 

(b)        Night Work. Additional compensation in the form of a night work differential of fifteen percent of base salary rate is 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 of duty.

(1)        Control Criteria. To be eligible to receive payment of a night work differential, the following criteria must be met:

(i)         Payment will be made only for actual hours worked which fall between 4:30 p.m. and 7:30 a.m.

(ii)        The above is restricted to include only those regularly scheduled work hours within the specified time period which constitute all or a part of 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:

(i)         An employee whose regular hours of duty include scheduled hours during the period of 4:30 p.m. to 7:30 a.m., is absent and does not actually perform work for the hours involved;

(ii)        An employee required to perform work during the hours of 4:30 p.m. to 7:30 a.m. which is not a part of the employee’s regularly scheduled hours of night work duty; or

(iii)       An employee who is paid for remaining on call to duty in excess of the normal forty hour work week shall not be eligible for payment of night work differential for any work performed while on call.

 

(c)        On-call. Employees who are required to remain on-call to duty outside of their regular working hours shall be fit to report for duty while on call and shall be paid a premium of one dollar and fifty cents per hour they are scheduled to be on-call, provided that:

(1)        Employees shall be compensated for hours actually worked instead of receiving an on-call premium for all hours in which they are required to be at a prescribed work place; and

(2)        Hours of on-call duty must be for a regularly scheduled period of time in excess of the regular forty hour work week. On-call schedules must be submitted to the timekeeper before the beginning of the work week involved; and

(3)        There is a bona fide reason for the employee to be on call; and

(4)        Eligibility to be placed on-call is for a period of one year, and may be renewed for additional one year periods.

 

(d)       Typhoon Emergency. Employees who are required by the government to work in a location and during a period of time in which a typhoon or tropical storm emergency has been declared by the Governor shall be compensated as follows:

(1)        For the employee’s regularly scheduled work hours during which other government employees are released from work as a result of the emergency, the employee shall receive pay for administrative leave, and shall also receive pay for the actual hours worked; and

(2)        For all other hours such employees are required to work while such declaration of emergency shall remain in force, compensation shall be at the rate of two and one-half times the base salary rate. Employees being paid typhoon emergency differential are not eligible to receive any other premium pay or overtime pay for the same time period.

 

(e)        Outside Commonwealth Service. An 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 administrative control limits of the Commonwealth shall receive, in addition to base salary, fifty percent of the base salary. Employees receiving housing benefits shall not be eligible for this differential.

 

(f)        Special Medical. A Medical Officer or Dental Officer who occupies a position with duties predominately clinical, as opposed to administrative in nature, shall receive, in addition to the base salary, a special medical differential of thirty percent of the base salary for the pay level and step of the position.

 

(g)        Advanced Professional. An employee who has achieved advanced professional preparation through obtaining an L.L.B. or J.D. degree, a doctorate in medicine or dentistry, or an earned doctorate in 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 of the base salary for the pay level and step of the position.

 

Modified, 1 CMC § 3806(c), (e), (f).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 11 Com. Reg. 6156 (Apr. 15, 1989); Amdts Proposed 11 Com. Reg. 5854 (Feb. 15, 1989); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1988 amendments deleted former subsection (b), “Hardship Post Differential,” and redesignated former subsections (c) through (h). The 1989 amendments amended subsections (f) and (g) and added a new subsection (h). The 1995 amendments added new subsections (a)(4) and (d)(1), replaced former subsection (c), entitled “Standby,” with a new subsection (c), entitled “On-call,” and deleted subsection (h). The 1995 amendments also amended subsections (a), (b)(2)(iii), (e) and (f) and republished and readopted the entire section. See also the commission comment to § 10-20.2-301.

 

§ 10-20.2-352  Approval of Premium Pay or Differentials

 

Proposals to either begin or discontinue premium pay differentials shall be submitted on a request for personnel action to the Director of Personnel Management for review and approval. 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 200, subpart D.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-301.

 

§ 10-20.2-354  Bar to Dual Compensation or Dual Employment

 

(a)        No employee shall receive compensation for two positions or two appointments in the Personnel Service. When an employee is engaged in government work other than in the employee’s regular position, such employee shall be

(1)        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.

 

(b)        Exception: 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 be paid for work as a teacher at the prevailing rate. Other exceptions may be made upon proper justification with the specific written approval of the Director of Personnel Management.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

The 1984 amendments amended subsection (b). See also the commission comment to § 10-20.2-301.

 

§ 10-20.2-356  Severance Pay

 

(a)        Employees who are separated from the Personnel Service by reduction-in-force (RIF), not eligible to receive immediate retirement pay, are entitled severance pay computed as follows:

(1)        For each full year of creditable service with the government, the employee is entitled to one-half of the employee’s biweekly pay rate in effect upon separation by RIF.

(2)        For each full three months of service beyond the total full years of service, the employee is entitled to twenty-five percent of the pay for a biweekly period at the rate in effect upon separation by RIF. Not more than seventy-five percent of the pay for one biweekly period shall be paid under this part-year provision.

 

(b)        Severance pay is paid at the regular biweekly sequences until the entitlement is exhausted. If an employee separated by RIF is reemployed by the government in any capacity before the allowable severance pay liability is satisfied, the employee sacrifices the unpaid balance upon return to duty. If the employee’s total creditable service is less than one full year, there is no entitlement to severance pay.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b). See also the commission comment to § 10-20.2-301.

 

§ 10-20.2-358  Timekeepers

 

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)        Appointment and Certification of Timekeeper. Each appointing authority shall appoint timekeepers from 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 a timekeeper. Upon the appointment, each timekeeper will 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 as 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.

 

*So in original; see the commission comment to this section.

 

(b)        Duty of the Timekeeper.

(1)        Each timekeeper will be responsible for recording and certifying time and attendance records of the assigned employees. Timekeeping duties shall be accomplished during regular working hours. Overtime shall not be 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.

(2)        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).

 

(c)        Protection of 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 and/or criminal sanctions.

 

(d)       Employees’ Rights to Challenge Timekeeping Records. Any employee who wishes to challenge the accuracy of any timekeeper’s records may institute an employee appeal under the grievance procedure, part 200.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Proposed 24 Com. Reg. 19146 (May 20, 2002); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 11 Com. Reg. 6156 (Apr. 15, 1989); Amdts Proposed 11 Com. Reg. 5854 (Feb. 15, 1989); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: In subsection (b), the original paragraphs were not designated. The Commission designated subsections (b)(1) and (b)(2).

 

The 1989 amendments amended subsection (b)(1) and added subsection (b)(2). See also the commission comment to § 10-20.2-301.

 

It appears that subsection (a) contains an error. Originally, it provided, in part: “Upon satisfactory completion of such instruction, the Personnel Officer shall certify the timekeeper. The Personnel Officer may certify as acting timekeepers employees who have not yet competed the required instruction, where circumstances dictate.” See 5 Com. Reg. at 2349-50; 9 Com. Reg. at 5356. The 1995 amendments combined these two sentences into one: “Upon satisfactory completion of such instruction, the Director of Personnel Management may certify as acting timekeeper an employee who has not yet completed the required instruction, where circumstances dictate.” See 17 Com. Reg. at 13443 (adoption); Compare 16 Com. Reg. at 11790.

 

The Commission inserted commas after the words “attendance” in subsection (b)(1) and “threaten” in subsection (c) pursuant to 1 CMC § 3806(g).

 

Part 400 -       Workplace Standards

 

Subpart A -    Communications

 

§ 10-20.2-401  General

 

The government is committed to the policy of participative management. This means that employee views and opinions shall be actively sought. Managers and supervisors shall not take any steps, either covertly or overtly, which will diminish participation by 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:

 

(a)        Formally, through:

(1)        The annual employee review system and the performance evaluation process as defined in part 700 of this subchapter;

(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 to employees; and

(4)        Such other devices as may be initiated by managers and supervisors to enhance communications.

 

(b)        Informally, through:

(1)        Frequent contact with employees at their work site to exchange comments concerning progress of work;

(2)        Maintaining an “open door” policy which encourages employees to bring to the attention of supervisors and managers those problems of mutual concern;

(3)        Adopting a helpful and supportive attitude toward the incentive awards program, especially the beneficial suggestion program;

(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:

(i)         Occasional brief group meetings to recognize events and communicate plans of mutual interest to the employees in that office; and

(ii)        Occasional social gatherings of employees and their families for picnics or holiday celebrations to promote better understanding and cooperation.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987).

 

Commission Comment: The 1988 amendments replaced the former part V, subpart A (now part 400, subpart A) in its entirety. See 5 Com. Reg. 2286, 2351-55 (Aug. 31, 1983), as amended by 6 Com. Reg. 3123, 3129-30 (Aug. 15, 1984).

 

The 2004 amendments proposed to repromulgate part 400 in its entirety. As of December 2004, a notice of adoption had not been published, and therefore, the Commission has not incorporated the proposed changes.

 

The Commission inserted a comma after the word “comments” in the initial paragraph pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-402  Role of 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:

 

(a)        Advising supervisors and managers concerning effect and import of regulations concerning employees’ rights and privileges, management’s rights, employee conduct and performance appeals, grievances and communications;

 

(b)        Advising and counseling employees concerning benefits to include the group life insurance, the group health insurance, and the worker’s compensation;

 

(c)        Advising all employees on the impact of law and regulations concerning the personnel management function; and

 

(d)       Advising all employees concerning conflict of interest as denounced in this subchapter.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987).

 

Commission Comment: See the commission comment to § 10-20.2-401.

 

The Commission inserted a comma after the word “insurance” in subsection (b) pursuant to 1 CMC § 3806(g).

 

Subpart B -    Emotional and Mental Health

 

§ 10-20.2-404  General

 

(a)        This subpart deals with employee conduct and performance when outside influences, other than substance abuse, adversely affect employees effectiveness. The influences include, but are not limited to, the following:

Politics                                                Family problems

Employee-supervisor conflict             Divorce

Employee-employee conflict              Legal concerns

Perceived personal crisis                     Financial problems

Retirement crisis                                 Death in family

 

(b)        Early recognition of deteriorating performance or conduct is a vital first step in the government’s program to help troubled employees retain or resume their place as productive members 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 troubled employees, this subpart is prepared to help the supervisor:

(1)        Recognize early signs indicative of personal problems;

(2)        Deal in an appropriate manner with employees whose work is suffering because of personal problems; and  

(3)        Make employees aware of sources of help within the organization and community.

 

(c)        This subpart does not deal with substance abuse. See part 400, subpart C, for the government’s policy on creating an alcohol and drug free workplace.

 

Modified, 1 CMC § 3806(d), (f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (c).

 

The 1997 amendments amended subsections (a) and (b) and added new subsection (c). See also the commission comment to § 10-20.2-401.

 

§ 10-20.2-406  Policy on Emotional and Mental Health

 

(a)        As 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 safe performance of assigned duties, reduces dependability, or reflects discredit on the Personnel Service.

 

(b)        It 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 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 affect employee health and performance. Assistance available to employees voluntarily seeking help for substance abuse problems is described in § 10-20.2-430. Sick leave, annual leave, or 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.

 

Modified, 1 CMC § 3806(c).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b). See also the commission comment to § 10-20.2-401.

 

The Commission inserted commas after the words “leave” and “counseling” pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-408  Action by Supervisors and Managers

 

(a)        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 outbursts, 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.

 

(b)        Upon identification of presumed problems, the supervisor should approach the employee to determine the cause of performance change. Should such an approach be rebuffed, which is likely, the supervisor should continue observation of the 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, if the employee is unresponsive, refer the matter to the Director of Personnel Management.

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1997 amendments repealed former section V.B3, entitled “Policy on Alcoholism and Problem Drinking.” See 19 Com. Reg. at 15778; 9 Com. Reg. at 5361; 5 Com Reg. at 2357. The remaining sections of subpart B were renumbered accordingly. See also the commission comment to § 10-20.2-401.

 

§ 10-20.2-410  Action by Director of Personnel Management

 

Upon referral of a case to the Director of Personnel Management by a supervisor, the Director of Personnel Management should contact the Department of Public Health for assistance. Once arrangements for assistance have been made, the Director of Personnel Management should seek out the employee and counsel the employee to seek appropriate help. If the employee is agreeable, the Director of Personnel Management should notify the supervisor concerned so that arrangements can be made for the employee to seek help. If the employee is not agreeable, the Director of Personnel Management should advise the employee that if the unsatisfactory performance continues, disciplinary action may result.

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-401.

 

§ 10-20.2-412  Further Actions

 

(a)        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 supervisor should consult with the Director of Personnel Management. The Director of Personnel Management should then seek assistance from an appropriate practitioner at the Department of Public Health.

 

(b)        Once the availability of professional help has been arranged, the Director of Personnel Management 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.

 

(c)        The course of action to be taken after referral to professional attention depends on the professional recommendation given.

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (c).

 

The 1997 amendments repealed former section V.B6, entitled “Action Related to Alcoholism or Drug Abuse.” See 19 Com. Reg. at 15778; 9 Com. Reg. at 5362; 5 Com Reg. at 2358. The remaining sections of subpart B were renumbered accordingly. See also the commission comment to § 10-20.2-401.

 

Subpart C -    Alcohol and Drug Free Workplace

 

§ 10-20.2-414  Policy

 

As an employer, the government recognizes it has a responsibility to its employees and the public it serves to take reasonable steps to assure safety in the workplace and in the community. Furthermore, the government is concerned about the adverse effect alcohol and drug abuse have on safe and productive job performance. It also recognizes that any employee, whose ability to perform safely and productively is affected by the use of alcohol and other drugs, jeopardizes the integrity of the workplace and the achievement of the government’s mission. The government realizes that alcoholism, problem drinking and drug addiction are treatable illnesses. The government, therefore, encourages employees who have problems with drugs or alcohol to utilize all available resources to resolve their problems before those problems affect their job performance.

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997).

 

Commission Comment: See the commission comment to § 10-20.2-401.

 

§ 10-20.2-416  Definitions

 

For the purposes of this subpart, the following definitions apply:

 

(a)        “Accident.” An event which causes

(1)        A fatality,

(2)        An injury to a person requiring professional medical treatment beyond simple at-scene first aid, or

(3)        An economic loss, including property damage, greater than $2,500.00.

 

(b)        “Assessment.” A determination of the severity of an individual’s alcohol or drug use problem and an analysis of the possible courses of treatment, made by an expert in the field of substance abuse.

 

(c)        “Breath Alcohol Concentration” (“B.A.C.”). The alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath testing device (E.B.T.).

 

(d)       “Breath Alcohol Technician” (“B.A.T.”). An individual authorized to collect breath specimens under § 10-20.2-426(b) and who operates an E.B.T.

 

(e)        “Consulting Physician.” A licensed physician retained or employed by the government to advise on drug testing.

 

(f)        “Drug.” A substance

(1)        Recognized in the official United States Pharmacopoeia, the official Homeopathic Pharmacopoeia of the United States, or the official National Formulary, or any supplement to any of them; or

(2)        Intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans or other animals; or

(3)        Other than food, minerals, or vitamins, intended to affect the structure or any function of the body of a human or other animal; or

(4)        Intended for use as a component of any article specified in subsections (f)(1), (2), or (3) above. Devices or their components, parts, or accessories are not considered drugs under this definition.

 

(g)        “Evidential Breath Testing Device” (“E.B.T.”). A device which is

(1)        Approved by the National Highway Traffic Safety Administration (NHTSA) for the evidential testing of breath; and

(2)        Is on the NHTSA’s Conforming Products List of E.B.T.s; and

(3)        Conforms with the model specifications available from the NHTSA, Office of Alcohol and State Programs.

 

(h)        “Illegal Drug.” A drug that

(1)        Is not obtained legally; or

(2)        Is knowingly used for other than the prescribed purpose or in other than the prescribed manner; or

(3)        Is a “designer drug” or drug substance not approved for medical or other use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration.

 

(i)         “Invalid Test.” A breath or urine test that has been declared invalid by a medical review officer (M.R.O.), including a specimen that is rejected for testing by a laboratory for any reason. An invalid test shall not be considered either a positive or a negative test result.

 

(j)         “Medical File.” The file containing an employee’s medical examination form, mental health referrals, alcohol and drug test results, and other health related documents, maintained by the Office of Personnel Management separate from an employee’s official personnel folder, in accordance with § 10-20.2-1020(c).

 

(k)        “Medical Review Officer” (“M.R.O.”). A licensed physician, appointed by the government, with specialized training in substance abuse disorders and in the use and evaluation of drug test results. The M.R.O. shall be the only person authorized to receive laboratory drug test results and shall be the primary contact for technical inquiries to the drug testing laboratory.

 

(l)         “Reasonable Suspicion.” A perception based on specific, contemporaneous, articulable observations concerning the appearance, behavior, speech, or body odors of an individual or on specific facts, circumstances, physical evidence, physical signs and symptoms, or on a pattern of performance or behavior that would cause a trained supervisor to reasonably conclude that the individual may be under the influence of alcohol or illegal drugs while on duty.

 

(m)       “Safety-sensitive.” A word describing activities which directly affect the safety of one or more persons, including the operation of motor vehicles or heavy machinery or the carrying of firearms. Each department, entity, or organization head, in conjunction with the Director of Personnel Management, shall identify all positions to be considered safety-sensitive positions due to the amount of time the employee spends performing safety-sensitive functions.

 

(n)        “Statement of Fitness for Duty.” A written statement from a substance abuse professional (S.A.P.), certifying that the named employee is not dependent on alcohol or any drug to the extent such dependence will affect safe and productive work.

 

(o)        “Substance Abuse Professional” (“S.A.P.”). A physician, psychologist, psychiatrist, or social worker with knowledge of and clinical experience in the diagnosis and treatment of drug and alcohol related disorders; or a counselor certified by the National Association of Alcoholism and Drug Abuse Counselors.

 

(p)        “Under the Influence.” A condition where a person’s behavior, attention, or ability to perform work in the usual careful fashion has been adversely affected by the use of alcohol or drugs; intoxicated.

 

(q)        “Vehicle.” A device in, upon, or by which any person or property is or may be propelled or moved on a highway, on a waterway, or through the air.

 

Modified, 1 CMC § 3806(c), (f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997).

 

Commission Comment: See the commission comment to § 10-20.2-401.

 

The Commission inserted quotation marks around terms defined. The Commission inserted commas after the words “treatment” in subsection (f)(2), “results” in subsection (j), and “upon” in subsection (q) pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-418  Prohibited Conduct

 

(a)        Sale, Purchase, Possession with Intent to Deliver, or Transfer of Illegal Drugs. No employee shall

(1)        Sell, purchase, or transfer;

(2)        Attempt to sell, purchase, or transfer; or

(3)        Possess with the intent to deliver, any illegal drug while on government property, in any government vehicle or on any government business. It is a defense to this provision that the employee is employed by a law enforcement agency and the conduct occurs as part of the employee’s assigned duties for the purpose of investigating illegal drug trafficking.

 

(b)        Possession of Illegal Drugs. No employee shall possess any illegal drug on government property, in any government vehicle, or while on government business. It is a defense to this provision that the employee is employed by a law enforcement agency and the conduct occurs as part of the employee’s assigned duties for the purpose of investigating illegal drug trafficking.

 

(c)        Possession of Open Containers of Alcohol. No employee shall possess an open container of alcohol in any vehicle while on duty or in any government vehicle at any time. No employee shall possess an open container of alcohol while at his or her workplace.

 

(d)       Under the Influence of Alcohol or Illegal Drugs. No employee shall be under the influence of alcohol or any illegal drug when at work, or reporting to work with the intention of working. As used in this subsection, alcohol includes any alcohol found in any prescription or non-prescription drug such as cough syrup. An employee is presumed to be under the influence of alcohol or an illegal drug if:

(1)        The employee has a B.A.C. of 0.02 or more;

(2)        The employee has a detectable amount of any illegal drug in his or her urine;

(3)        The employee uses alcohol or any illegal drug while on call when the employee knows he or she may be called upon to perform safety-sensitive functions;

(4)        The employee uses alcohol or any illegal drug within four hours prior to reporting to work and expects to perform a safety-sensitive duty.

 

(e)        Refusal to Be Tested. No employee required to be tested for drugs or alcohol under any provision of this subpart shall refuse to be tested. The following conduct shall be considered a refusal to be tested:

(1)        Refusing in writing to submit to testing after receiving clear and specific written notice of the requirement to be tested;

(2)        Refusing verbally, in front of at least two witnesses, to submit to testing after receiving clear and specific written notice of the requirement to be tested;

(3)        Failing to timely provide an adequate specimen for testing, without a valid medical explanation, after receiving clear and specific written notice of the requirement to be tested. An M.R.O. or consulting physician shall determine if there is any medical reason for failure to provide an adequate urine sample (shy bladder) or an adequate breath sample (shy lung);

(4)        Engaging in conduct that clearly obstructs the specimen collection process;

(5)        Failing to remain available for post-accident testing, or leaving the scene of an accident before a testing decision is made. An employee may leave the scene of an accident only to obtain necessary medical care or assistance in responding to the accident. If the employee leaves the scene, the employee must notify his or her supervisor as soon as possible of his or her location and reason for leaving the scene;

(6)        Consuming alcohol or illegal drugs after an accident and before a testing decision is made;

(7)        Failing to report, during the work shift in which an accident occurred, an accident which could have resulted in a testing decision; and

(8)        Failing to report to the specimen collection site timely after being informed of the requirement to be tested.

 

(f)        Giving False Information. No employee shall give false information about a urine specimen or attempt to contaminate or alter the specimen.

 

(g)        Refusal to Comply with Treatment Recommendations. No employee shall fail to comply with recommendations for treatment or after-care made by an M.R.O. or S.A.P. as a consequence of a prior positive drug or alcohol test result.

 

(h)        Failure to Notify Government of Conviction. No employee shall fail to notify the Director of Personnel Management of any criminal drug statute conviction, within five days of such conviction, if the violation of the criminal drug statute occurred while the employee was conducting Commonwealth business, or while on or using Commonwealth property.

 

(i)         Supervisor’s Responsibility for Confidentiality. No manager or appointing authority shall knowingly disregard an employee’s right to confidentiality in matters relating to alcohol or drug testing or otherwise neglect his or her responsibilities under this subpart.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997).

 

Commission Comment: See the commission comment to § 10-20.2-401.

 

§ 10-20.2-420  Penalties and Consequences

 

(a)        Disciplinary Action. An employee committing any act prohibited by § 10-20.2-418 shall be subject to an appropriate form of discipline, depending on the circumstances.

(1)        Generally. Where an employee commits any act prohibited by § 10-20.2-418, without valid reason, the employee shall be disciplined up to and including removal. At a minimum, the employee shall receive a formal reprimand. If the prohibited act committed by the employee relates to the use or possession of alcohol or illegal drugs, the employee shall be referred to an S.A.P. for assessment and treatment.

(2)        First offense, under the influence. An employee found to be under the influence of alcohol or illegal drugs in violation of § 10-20.2-418(d), for a first offense, shall not be subject to removal solely for being under the influence of alcohol or illegal drugs. However, if the person is also involved in an accident, depending on the circumstances, the appointing authority may decide to initiate an adverse action for removal, even on a first offense.

(3)        Serious offenses. The following acts, even for a first offense, will result in an immediate adverse action for removal in accordance with § 10-20.2-257(j) and (m):

(i)         The sale, purchase, possession with intent to deliver, or transfer of illegal drugs, or the attempt to sell, purchase or transfer illegal drugs in violation of § 10-20.2-418(a);

(ii)        Being involved in an accident resulting in a fatality while under the influence of alcohol or illegal drugs, in violation of § 10-20.2-418(d);

(iii)       While performing and about to perform duties in a safety sensitive position, being under the influence of alcohol or illegal drugs, in violation of § 10-20.2-418(d);

(iv)       An unexcused refusal to be tested, in violation of § 10-20.2-418(e);

(v)        Giving false information, contaminating or attempting to contaminate a urine sample, in violation of § 10-20.2-418(f);

(vi)       Failing to notify the proper authority of conviction for a drug offense in violation of § 10-20.2-418(h);

(vii)      Testing positive for alcohol or illegal drugs within five years of a prior positive test; and

(viii)     Breaching any term of a return to duty contract executed under the provisions of § 10-20.2-422(b).

 

(b)        Information Concerning Treatment Options. Those employees not removed from government service after committing any act prohibited by § 10-20.2-418 shall be informed of resources available for evaluating and resolving problems associated with the use of alcohol and illegal drugs. At a minimum, the Office of Personnel Management’s Alcohol and Drug Free Workplace Coordinator shall give the names, addresses, and telephone numbers of local S.A.P.s and substance abuse counseling or treatment programs. The employees will then be required to fulfill all the specified steps of treatment before being considered ready for return to duty.

 

(c)        Report to Department of Public Safety. An employee committing any act prohibited by § 10-20.2-418(a) or (b) shall be reported, by the appointing authority, to the Department of Public Safety for the purpose of possible criminal prosecution.

 

(d)       Duty/Pay Status Pending Adverse Action. Unless the employee was involved in an accident resulting in a fatality, an employee subject to an adverse action for committing any act prohibited by § 10-20.2-418, except for § 10-20.2-418(g), shall be allowed to remain on the job pending resolution of any proposed adverse action but shall not be allowed to perform a safety-sensitive function, even if that means assigning to the employee duties the employee would not otherwise be performing. An employee subject to an adverse action for committing any act prohibited by § 10-20.2-418 who was involved in a fatal accident shall be placed on leave without pay pending resolution of the adverse action for removal.

 

Modified, 1 CMC § 3806(c).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997).

 

Commission Comment: See the commission comment to § 10-20.2-401.

 

§ 10-20.2-422  Return to Work Procedures

 

(a)        Prerequisites to Returning to Duty. No employee who has tested positive for the presence of alcohol or illegal drugs shall be allowed to return to work until the employee has:

(1)        Complied with treatment recommendations of an M.R.O. or S.A.P. and been released for work by an S.A.P. in consultation, when appropriate, with the M.R.O. or a consulting physician;

(2)        Tested negative in a subsequent test paid for by the employee for the presence of alcohol, if the removal from duty was due to alcohol use; or cocaine, marijuana, opiates, amphetamines, and phencyclidine, if the removal from duty was due to drug use; and

(3)        Agreed to execute a return to duty contract.

 

(b)        Return to Duty Contract. The return to duty contract shall include the following provisions:

(1)        Aftercare. An agreement to comply with aftercare and follow-up treatment recommendations for one to five years, as determined appropriate by the employee’s S.A.P.;

(2)        Follow-up testing. An agreement to unannounced alcohol or drug testing, depending on the substance which resulted in the removal from duty, paid for by the employee, for one to five years, as determined appropriate by the employee’s S.A.P., but there shall be no fewer than six tests in the first year after the employee returns to work;

(3)        Compliance with rules. An agreement to comply with government rules, policies, and procedures relating to employment;

(4)        Term. An agreement that the terms of the contract are effective for five years after the employee’s return to duty; and

(5)        Breach of contract. An agreement that violation of the return to duty contract is grounds for termination.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997).

 

Commission Comment: See the commission comment to § 10-20.2-401.

 

§ 10-20.2-424  Testing Occasions

 

(a)        Pre-employment Testing. At the time of application, persons applying for any position within the Civil Service will be notified that any offer of employment is contingent upon a negative urine test. After receiving an offer of employment, the candidate shall be tested for the presence of cocaine, marijuana, opiates, amphetamines, and phencyclidine in the urine. The test shall be paid for by the candidate. Testing shall be in compliance with § 10-20.2-428, below. Applicants who were previously employed by the government and applicants who have had an offer for government employment withdrawn due to a previous positive urine test result, must also provide a written release of drug testing history for the two years immediately preceding the application date.

(1)        No new civil service candidate may be assigned to work in any position until he or she presents the results of a urine test, taken after the offer for employment has been made, that shows negative for the presence of cocaine, marijuana, opiates, amphetamines, and phencyclidine.

(2)        If the candidate’s test result is positive for the presence of a tested drug, without a legitimate explanation, the offer of employment will be withdrawn.

(3)        If the candidate presents a drug testing history showing a positive drug test within two years prior to the application date, the offer of employment will be withdrawn unless the candidate submits a statement of fitness for duty and agrees to execute an agreement similar to a return to duty contract described in § 10-20.2-422(b).

 

(b)        Reasonable Suspicion Testing. Where there is a reasonable suspicion that an employee is under the influence of alcohol or drugs while at work or about to begin work, he or she shall submit to a breath or urine test for the presence of alcohol, cocaine, marijuana, opiates, amphetamines, and phencyclidine, upon written notice from the employee’s supervisor. Except as otherwise provided, the government shall pay for the testing.

(1)        Properly trained supervisor. Only a supervisor with government-approved training in the physical, behavioral, and performance indicators of probable drug and alcohol use is permitted to make reasonable suspicion testing decisions.

(2)        Objective inquiry. The properly trained supervisor will observe the employee suspected of being under the influence of alcohol or illegal drugs. A decision to request testing shall be based on eye witness reports, facts of the event, and observed physical and behavioral characteristics of the employee. Prior to making the decision to require testing, the supervisor will question the employee in a private area to ascertain whether there are any reasons other than alcohol or drug use for any behavior observed.

(3)        Verification. No employee shall be required to submit to a drug or alcohol test based on reasonable suspicion unless the need for the test is verified by a second properly trained government employee. The required verification shall be done in person.

(4)        Transportation assistance. The employee shall be accompanied to the collection site by a supervisor or manager, and shall be provided transportation home from the collection site. If the individual refuses and demands to drive his/her vehicle, the supervisor or manager shall notify the Department of Public Safety.

(5)        Duty pending test results. Until the results of the drug and alcohol test are complete and verified, no employee tested based upon reasonable suspicion shall be allowed to perform or continue to perform a safety- sensitive duty.

(6)        Report. The supervisor ordering reasonable suspicion testing shall put in writing, in detail, the facts leading to the decision. This report shall be considered confidential and will be maintained in the employee’s medical file, which is confidential, until needed for a disciplinary action. Only at that time will the report be filed in the employee’s official personnel folder.

 

(c)        Post-accident Testing. As soon as practical after an accident any employee whose action or inaction may have contributed to the accident must submit to breath and urine tests for the presence of alcohol, cocaine, marijuana, opiates, amphetamines, phencyclidine, upon written notice from the employee’s supervisor. Except as otherwise provided, the government shall pay for the testing.

(1)        Supervisor training. Only a supervisor with government-approved training in the physical, behavioral, and performance indicators of probable drug and alcohol use is permitted to make post-accident testing decisions.

(2)        Objective inquiry. A supervisor’s decision to request testing shall be based on eye witness reports, facts of the event, and observed physical and behavioral characteristics of the employee. Specifically, the properly trained supervisor shall require the driver of any government vehicle or the operator of any government equipment involved in the accident to be tested.

(3)        Transportation assistance. The employee shall be accompanied to the collection site by a supervisor or manager, and shall be provided transportation home from the collection site. If the individual refuses and demands to drive his/her vehicle, the supervisor or manager shall notify the Department of Public Safety.

(4)        Duty pending test results. Until the results of the drug and alcohol test are complete and verified, no employee reasonably suspected of having been under the influence of alcohol or drugs at the time of the accident shall be allowed to perform or continue to perform a safety-sensitive duty.

(5)        Report. The supervisor ordering post-accident testing shall put in writing, in detail, the facts leading to the decision. This report shall be considered confidential and will be maintained in the employee’s medical file, which is confidential, until needed for a disciplinary action. Only at that time will the report be filed in the employee’s official personnel folder.

 

(d)       Random Testing. During each calendar year randomly selected employees performing safety-sensitive functions will be required to submit to breath tests for alcohol and urine tests for cocaine, marijuana, opiates, amphetamines, and phencyclidine. The testing will be done during on-duty time. Except as otherwise provided, the government shall pay for the testing.

(1)        Method of selection. Employees will be selected by a statistically valid method such as a random number table or computer-based random number generator that is matched with employee Social Security numbers, payroll identification numbers, or other comparable identifying numbers.

(2)        Number to be tested. No more than twenty-five percent of all employees performing safety-sensitive functions in each department or agency each year shall be required to submit to breath alcohol testing and no more than fifty percent shall be required to submit to urine testing. The actual percentage will be determined at the beginning of each fiscal year for each department or agency by the Office of Personnel Management’s Alcohol and Drug Free Workplace Coordinator, in consultation with the appointing authority and the MRO after reviewing the department’s or agency’s prior positive testing rates, reasonable suspicion and post accident events, and referrals for service.

 

Modified, 1 CMC § 3806(c), (f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997).

 

Commission Comment: See the commission comment to § 10-20.2-401. PL 18-47 (Apr. 24, 2014) § 3 purported to amend this section. However, pursuant to 1 CMC § 9103(a), the Administrative Code consists of “Commonwealth administrative rules.” As PL 18-47 is a statute enacted by the legislature and not an administrative rule promulgated by an agency, the Commission codified it at 1 CMC § 8602. To the extent that this section conflicts with 1 CMC § 8602, it is superseded.

 

§ 10-20.2-426  Collecting and Testing Breath Specimens

 

(a)        Collection Site. Breath specimens shall be collected only at a site approved by the Director of Personnel Management or at the scene of an accident if proper equipment and personnel can be made immediately available.

 

(b)        Collection Protocol. Breath specimens shall be collected only by a B.A.T. trained in the collection of breath specimens at a course approved by the United States Department of Transportation in accordance with standard collection protocols as specified in 49 CFR, part 40(C) “Procedures for Transportation Workplace Drug Testing Programs - Alcohol Testing,” except as otherwise provided in this section. However, the M.R.O. or a consulting physician, when requested, may assist in facilitating the collection for post-accident testing.

 

(c)        Confirming Test. Breath specimens shall first be subjected to a screening test for alcohol. If that test indicates a probable breath alcohol concentration of 0.02 or greater, a second test, confirming the first and providing quantitative data of alcohol concentration, shall be performed. No alcohol test shall be considered positive unless both the screening test and the confirming test show a B.A.C. of 0.02 or greater.

 

(d)       Results. The breath test results shall be transmitted by the B.A.T., in a manner to assure confidentiality, to the employee, to the employee’s appointing authority, and to the Director of Personnel Management.

 

(e)        Confidentiality. Other than as specified above, no person involved in the testing process shall release the results of breath tests to any other individual without a written release from the tested employee.

 

(f)        Invalid Test. If the Director of Personnel Management determines the test is invalid, using the factors found at 49 CFR, part 40.79, the test result shall be reported as negative.

 

(g)        Statistical Reporting. The B.A.T. shall compile statistical data, that is not name-specific, related to testing results. The B.A.T. shall release the statistical data to the Director of Personnel Management upon request.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997).

 

Commission Comment: See the commission comment to § 10-20.2-401.

 

§ 10-20.2-428  Collecting and Testing Urine Specimens

 

(a)        Collection Site. Urine specimens shall be collected only at a site approved by an appropriate government agency, and identified by the Director of Personnel Management.

 

(b)        Collection Protocol. Urine specimens shall be collected by persons trained in the collection process developed by the Substance Abuse and Mental Health Service Administration, United States Department of Health and Human Services, in accordance with standard collection protocols as specified in 49 CFR, part 40(B), “Procedures for Transportation Workplace Drug Testing Programs - Drug Testing,” except as otherwise provided in this section. However, the M.R.O. or a consulting physician, when requested, may assist in facilitating the collection for post-accident testing.

 

(c)        Splitting Sample.

(1)        After collecting a sample of the employee’s urine, the sample will be split into two specimens. Both specimens will be shipped to the laboratory selected for performing tests for the government.

(2)        One specimen, called the primary specimen, shall be tested for the government. The other specimen, called the secondary specimen, shall be the property of the employee, to be tested only upon request of the employee.

 

(d)       Confirming Test. Primary urine specimens shall first be subjected to a screening test. Only if the screening test shows positive for the presence of a prohibited drug, will a second test be conducted on the same urine specimen to identify the presence of a specific drug or metabolite, using a gas chromatography/mass spectrometry (GC/MS) test. No drug test shall be considered positive unless both the screening test and the confirming test show the presence of one or more of the drugs tested for.

 

(e)        Results. The laboratory conducting the urine test shall give the results only to the M.R.O. The M.R.O. shall discuss the test result with the tested individual.

 

(f)        Invalid Test. If the M.R.O. decides that the test is invalid, the candidate shall immediately submit another urine specimen for testing.

 

(g)        Employee Test. If the government’s test shows positive for the presence of a specific drug or drugs, the employee may request that the M.R.O. have the secondary specimen tested at another laboratory certified by the United States Department of Health and Human Services, for the presence of the drug or drugs found in the primary specimen.

(1)        The employee must make the request in writing, within 72 hours of receiving notice of the result of the government’s test.

(2)        The results of the second test shall be given to the M.R.O. who shall discuss the result with the employee.

(3)        The employee shall pay for the cost of the second test.

 

(h)        Alternative Explanations for Positive Test Results.

(1)        Upon receiving a report of a positive test result, the M.R.O. shall determine if there is any alternative medical explanation for the result, including the use of prescribed medication by the employee. Such a determination shall be based on information received from the employee such as the tested individual’s medical history and records. If the M.R.O. determines it to be necessary he or she may request pertinent analytical records from the laboratory or require a re-analysis of the specimen.

(2)        The M.R.O. shall report the urine test result as negative and shall take no further action if he or she determines:

(i)         There is a legitimate medical explanation for a positive test result, other than the use of the specific drug; or

(ii)        Based on a review of laboratory inspection reports, quality assurance and quality control data, and other drug test results, the positive drug test result is scientifically insufficient for further action.

 

(i)         Illegal Use of Opium. If the GC/MS does not confirm the presence of 6-monoacetylmorphine, the M.R.O. shall determine whether there is clinical evidence, in addition to the urine test result, of illegal use of any opium, opiate or opium derivative.

 

(j)         Report to Government. The M.R.O. shall report all positive and negative urine drug test results, in a manner to assure confidentiality, to the employee’s appointing authority, and to the Director of Personnel Management.

 

(k)        M.R.O. and Confidentiality. Other than as specified above, the M.R.O. shall not release the results of drug tests to any other individual without a written release from the tested employee.

 

(l)         Statistical Reporting. The M.R.O. shall compile statistical data, that is not name-specific, related to testing and rehabilitation. The M.R.O. shall release the statistical data to the Director of Personnel Management upon request.

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997).

 

Commission Comment: See the commission comment to § 10-20.2-401.

 

§ 10-20.2-430  Employee Awareness and Rehabilitation

 

(a)        Employee Awareness Training. All employees shall receive information concerning the effects and consequences of drug and alcohol use on personal health, safety, and the work environment; the manifestations and behavioral clues indicative of drug and alcohol use; and the resources available to the employee in evaluating and resolving problems associated with the use of illegal and legal drugs and alcohol.

 

(b)        Employees Seeking Voluntary Assistance. Government employees shall be allowed to voluntarily seek assistance for alcohol or drug use at any time prior to being required to be tested under the reasonable suspicion, post-accident or random testing procedures.

(1)        Referrals. Employees may request referral to an S.A.P. for treatment, may refer themselves, or may be referred by a supervisor as part of a performance counseling. Such referrals shall only be made a part of the employee’s medical file and shall not be a part of the employee’s official personnel folder. Referrals shall be kept confidential.

(2)        Voluntary referrals. Employees who voluntarily seek assistance in dealing with drug and alcohol problems or accept referrals, before job performance is compromised, shall be provided the same leave benefits for recommended treatment as provided for any other health problem.

(3)        Accountability for job performance. Regardless of participation in or requests for referrals, employees shall be held accountable for acceptable job performance. In no case where job performance has been compromised will disciplinary action be waived for employees asking for assistance and referral. However, such requests may be considered a mitigating factor in determining the appropriate form of discipline.

 

(c)        Job Security Maintained. Employees shall not have job security or promotional opportunities jeopardized solely because of a request for a drug or alcohol treatment referral.

 

(d)       Required Documentation. Although voluntary referrals or referrals made prior to testing are kept strictly confidential, documentation of poor performance or disciplinary actions taken due to drug or alcohol abuse shall be included in the employee’s official personnel folder.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997).

 

Commission Comment: See the commission comment to § 10-20.2-401.

 

§ 10-20.2-432  Disseminating Information on Regulations

 

(a)        Distribution to Employees. All current employees shall receive a copy of this subpart at least thirty days before the implementation date. New employees hired after the effective date of this policy will be given a copy of this policy at the time of hire. Each employee shall sign a form prescribed by the Director of Personnel Management which acknowledges the receipt of the policy and the employee’s understanding that he or she is bound by this policy. This acknowledgment shall be kept in the employee’s official personnel folder.

 

(b)        Posting. This subpart will be posted in all government workplaces for at least sixty days following their implementation.

 

Modified, 1 CMC § 3806(d), (e), (f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997).

 

Commission Comment: See the commission comment to § 10-20.2-401.

 

§ 10-20.2-434  Record Retention and Reporting Requirements

 

(a)        Administrative Records. Records relating to the administration of this policy, including policy and program development, employee awareness training, supervisory training, collection site training, program administration, and calibration documentation, shall be kept by the Director of Personnel Management and the M.R.O. for five years.

 

(b)        Records Relating to Collection Process. Records relating to the breath and urine collection process shall be kept by the Director of Personnel Management, the M.R.O., and the specimen collector at the collection site for two years.

 

(c)        Refusals, Referrals, and Test Results. The Director of Personnel Management shall keep a copy of all records of refusals to be tested, breath and urine test results, and referrals to an S.A.P. in the employee’s medical file, not the employee’s official personnel folder, at least until such time as disciplinary action is taken. The M.R.O. shall keep a copy of all urine test results and the B.A.T. shall keep a copy of all breath test results in a manner to assure confidentiality. No test results shall be available for use in a criminal prosecution of the employee without the employee’s consent.

(1)        Positive test result records, records of refusals to be tested and referrals to an S.A.P. shall be kept for five years.

(2)        Negative test result records shall be kept for a period of one year.

 

(d)       Report to Federal Contract Agency. To comply with the Drug Free Workplace Act of 1988, 41 U.S.C. § 701(a)(1)(E), the Director of Personnel Management shall notify the federal contracting agency of the conviction of any employee for selling, manufacturing or dispensing any illegal drug on government business property or government time, within 10 days of the conviction.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997).

 

Commission Comment: See the commission comment to § 10-20.2-401.

 

Subpart D -    Responsibilities of Employees and Management

 

§ 10-20.2-436  Code of Ethics for Government Personnel Service

 

(a)        All persons in government service should:

(1)        Put loyalty to the highest moral principles and the country above loyalty to persons, party or government office.

(2)        Uphold the laws applicable in the Commonwealth and in all subdivisions thereof and never be a party to their evasion.

(3)        Give a full day’s labor for a full day’s pay; giving to the performance of duties earnest effort and best thought.  

(4)        Seek to find and employ more efficient and economic ways of getting tasks accomplished.

(5)        Never discriminate unfairly by the dispensing of special favors or privileges to anyone, whether for remuneration or note; and never accept, for him/herself or his/her family, favors or benefits under circumstances which might be construed by reasonable persons as influencing the performance of his/her governmental duties.  

(6)        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.

(7)        Engage in no business with the government, either directly or indirectly, which is inconsistent with the conscientious performance of governmental duties.

(8)        Never use any information coming confidentially in the performance of governmental duties as a means for making private profit.

(9)        Expose corruption wherever discovered.

(10)      Uphold these principles, ever conscious that public office is a public trust. In addition, guarantees and custodians of federal funds shall maintain a written code or standards of conduct which shall govern the performance of their officers, employees or agents engaged in the award and administration of contracts supported by federal funds. No employee, officer or agent of the grantee shall participate in selection, or in the award or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the employee, officer or agent, or an organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The grantee’s and contractor’s officers, employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors or parties to sub-agreements. To the extent permitted by law or regulations, such standards of conduct shall provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the grantee’s officers, employees or agents, or by contractors or their agents.

 

(b)        The government expects its employees to be representatives of its legal self. Like any other employer, it has the right to expect the employees to foster its business and well-being. The government’s first business is the maintenance of law and order at all times (even after regularly scheduled working hours) because without law and order, the government’s goals and objectives cannot be realized. An illegal or dishonorable act of an agent or employee may degrade and embarrass the government and lessen its effectiveness. To protect its credibility and rapport in the community, the government has the right to take administrative action as necessary and justifiable against employees who violate its laws or detract from its policies. Such administrative action is aside from any court action which may ensue from a criminal act or omission. If employees in the Personnel Service System take pride in their service, it will reduce the number of formal disciplinary actions necessary. Disciplinary actions are wasteful of the time of many employees, who must sit on hearing committees and serve as investigators or witnesses, and such actions leave a residue of bad feeling which affects the entire department/division.

 

(c)        It is a mistake for anyone to believe that good discipline is simply a matter of enforcement by those at the head of the administration. Good discipline requires employee leadership, not enforcement procedures. Most of all, it involves the active support of the employees. The employees, as a group, have a greater stake in improving the quality of government service than any other interested party. An organization can take genuine pride and provide an opportunity to find a meaningful outlet for abilities and an opportunity for advancement in accordance with employee contribution. Leadership which meets these needs of employees will have no difficulty getting employee support.

 

(d)       So that all employees will understand the standards of conduct that are expected of them, these principles are set forth. Officials and employees of the government are reminded that they must not only avoid wrongdoing in the conduct of their official duty, but must, with equal care, also avoid the appearance of wrongdoing. Acts which have the appearance of wrongdoing are prohibited equally with actual acts of wrongdoing.

 

History: Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (d).

 

§ 10-20.2-438  Policy on Employee Conduct

 

(a)        The maintenance of the highest standards of honesty, integrity, impartiality, and conduct by Personnel Service System employees is essential to assure the proper performance of government business and maintain the confidence of citizens in their government.

 

(b)        Employees of the government are expected to comply with all laws and regulations. Legal requirements are essentially concerned with official conduct, i.e., 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 a manner that the work of the government is effectively accomplished and to observe the requirements of courtesy, consideration, and promptness in dealing with or serving the public or its clientele. Personal and private conduct of an employee (as opposed to official conduct), that reflects adversely upon the dignity and prestige of the Personnel Service System, is 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 a credit to the individual.

 

History: Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

The Commission inserted commas after the words “impartiality” in subsection (a) and “consideration” and “trust” in subsection (b) pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-440  Subordination to Authority

 

An 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 is expected to, express opinions and points of view; but once a decision has been rendered by those in authority, the employee will be expected unreservedly to assure the success of programs which it is the employee’s responsibility to effectuate. If the employee fails to carry or out any lawful regulation, order, or policy, or deliberately refuses to obey the proper requests of superiors having responsibility for the employee’s performance, the employee is subject to appropriate disciplinary action.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

The Commission inserted a comma after the word “order” pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-442  Management Responsibility

 

Appointing authorities shall establish and maintain internal procedures by means of which all employees are adequately and systematically informed of the content, meaning and importance of the regulations in this subpart. Copies of the regulations in this subpart shall be given to each employee within ninety days from the effective date of these regulations and to new employees upon entrance to duty. Each appointing authority shall remind its employees of the regulations in this subpart periodically, at least once annually, through a publication or memorandum issued to all employees.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

§ 10-20.2-444  Employee Responsibility

 

It is the responsibility of employees to familiarize themselves and to comply with the regulations in this subpart. Employees are expected to consult with their supervisors and Personnel Officer on general questions they may have regarding the applicability of the regulations. On specific matters and for guidance on questions of conflict of interest, they may receive authoritative advice and guidance from the Personnel Officer and the Attorney General’s Office.

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-401.

 

§ 10-20.2-446  Interpretation and Advisory Service

 

(a)        Channels for counseling. It is the government’s policy to encourage responsible disposition of counseling requests by the Personnel Officer. Counseling provided by the Personnel Officer involving any question of conflict of interest shall be in cooperation with the Attorney General.

 

(b)        In order that the Attorney General may be informed as to the content and scope of counseling at all levels, the Personnel Officer will be responsible for communicating a summary of each such counseling action to the Attorney General on a concurrent basis; provided, however, that such reporting is required only as to counseling in regard to conflict of interest questions.

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-401.

 

§ 10-20.2-448  Disciplinary and Other Remedial Action

 

(a)        Violations of the regulations in this subpart by an employee may be cause for appropriate disciplinary action which may be in addition to any penalty prescribed by law. After consideration of the statements of employment and financial interests submitted by the employee and the explanation of such employee as required in the regulations in this subpart, 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.

 

(b)        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; and/or

(4)        Disqualification for a particular assignment.

 

(c)        Remedial action, whether disciplinary or otherwise, shall be effected in accordance with any applicable laws or regulations.

 

Modified, 1 CMC § 3806(d).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-401.

 

§ 10-20.2-450  Ethical and Other Conduct and Responsibilities of Employees

 

(a)        Gifts, Entertainment, and Favors.

(1)        Except as provided in subsections (b) and (c) of this section, an employee shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, from a person who:

(i)         Has, or is seeking to obtain, contractual or other business or financial relations with the government;

(ii)        Conducts operations or activities that are regulated by the government; or

(iii)       Has interests that may be substantially affected by the employee’s performance of official duty.

(2)        Except as specifically authorized by law, employees are not authorized to accept on behalf of the government voluntary donations or cash contributions from private sources for travel expenses, or the furnishing of services in-kind, such as hotel accommodations, meals, and travel accommodations.

 

(b)(1)   The prohibitions of subsection (a) do not apply in the context of obvious family, non-official, or personal relationships, such as those between the parents, children, or spouse of the employee, when the circumstances make it clear that it is those relationships, rather than the business of the persons concerned, which are the motivating factors.

(2)        An employee may accept food and refreshments of nominal value on infrequent occasions in the ordinary course of a luncheon or dinner meeting or other meeting or on an inspection tour where an employee may properly be in attendance.

 

(c)        An employee may accept loans from banks or other financial institutions on customary terms to finance proper and usual activities, such as home mortgage loans. An employee may accept unsolicited advertising or promotional material such as pens, pencils, note pads, calendars, and other items of nominal intrinsic value. An employee shall avoid any action, whether or not specifically prohibited by this subpart, which might result in, or create the appearance of:

(1)        Using public office for private gain;

(2)        Giving preferential treatment to any person;

(3)        Impeding government efficiency or economy;

(4)        Losing independence or impartiality;

(5)        Making a government decision outside official channels; and/or

(6)        Affecting adversely the confidence of the public in the integrity of the government.

 

(d)       An employee shall not solicit a contribution from another employee for a gift to an official superior, or accept a gift from an employee receiving less pay. However, this subsection does not prohibit a voluntary gift of nominal values or donation in a nominal amount made on a special occasion such as marriage, illness, or retirement.

 

(e)        An employee shall not accept a gift, present, decoration, or other thing from a foreign government unless authorized by law or by the Constitution.

 

(f)        This section does not prohibit receipt of bona fide reimbursement, unless prohibited by law, for actual expenses for travel and such other necessary subsistence as is compatible with this part for which no government payment or reimbursement is made. However, an 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 it allow an employee to be reimbursed by a person for travel on official business under government orders when reimbursement is prescribed by law.

 

Modified 1 CMC § 3806(d), (f).

 

History: Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The original paragraphs of subsections (a) and (b) were not designated. The Commission designated subsections (a)(1) and (a)(2) and (b)(1) and (b)(2).

 

The 1984 amendments amended subsection (b)(1).

 

The Commission inserted commas after the words “entertainment” in subsection (a), “meals” in subsection (a)(2), “non-official” and “children” in subsection (b)(1), “calendars” in subsection (c), “illness” in subsection (d), “decoration” in subsection (e), and “gifts” in subsection (f) pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-452  Outside Work and Interests

 

(a)        Policy: Outside work is permitted to the extent that it does not prevent an employee from devoting the employee’s primary interests, talents, and energies to the accomplishment of work for the government or tend to create a conflict between the private interests of an employee and official responsibilities. The employee’s outside employment shall not reflect discredit on the government.

 

(b)        Definitions:

(1)        The term “outside work” means all gainful employment other than the performance of official duties. It includes, but is not limited to self-employment and working for another private business (including personally owned businesses, partnerships, corporations and other business entities).

(2)        The term “active proprietary management” refers to a business affiliation in which substantial ownership is coupled with responsibility for day-to-day management efforts.

(3)        A “conflict of interest” is one in which a Personnel Service System employee’s private interests, usually of an economic nature, conflict or raise a reasonable question of conflict with the employee’s public duties and responsibilities. Potential conflict of interest is prohibited and is to be avoided whether it is real or only apparent.

 

(c)        Restrictions: An employee shall not engage in outside activity incompatible with the full and proper discharge of the duties and responsibilities of the employee’s government employment. Any activity involving an incompatibility of interest is prohibited. Any work assignment or employment affiliation which might encourage on the part of members of the general public a reasonable presumption of a conflict of interest falls in this category. Incompatible activities include but are not limited to:

(1)        Acceptance of a fee, compensation, gift, payment of expenses, or any other thing of monetary value in circumstances in which acceptance may result in, or create the appearance of conflicts of interest. 

(2)        Outside employment which tends to impair an employee’s mental or physical capacity to perform government duties and responsibilities in an acceptable manner. An employee shall not receive any salary or anything of monetary value from a private source as compensation for services to the government.

 

(d)       Among other things, abuse of leave privileges to engage in outside work shall be treated as an interference with official performance. Active proprietary management of any except the smallest business is questionable because of the probability that such management responsibilities may interfere with the employee’s obligations to the employee’s primary employer, the government. Employees are especially urged to seek the advice of the Personnel Officer before committing themselves to such activities.

 

(e)        An employee shall not perform outside work:

(1)        Which is of such a nature that it may be reasonably construed by the public to be the official act of the government.

(2)        Which involves the use of government facilities, equipment, or supplies of whatever kind.

(3)        Which involves the use of official information not available to the public.

 

(f)        While an employee is not prohibited from performing outside work solely because the work is of the same general nature as the work the employee performs for the government, no employee may perform outside work:

(1)        If the work is such that the employee would be expected to do it as a part of regular duties.

(2)        If the work involves active proprietary management of a business closely related to the official work of the employee.

(3)        If the work for a private employer is of the same type or closely kin to that involved in the program responsibilities of the office in which the employee is employed.

(4)        If the work would tend to influence the exercise of impartial judgment on any matters coming before the employee in the course of official duties.

 

(g)        This section does not preclude an employee from:

(1)        Participation in the activities of political parties not prescribed by applicable law.

(2)        Participation in the affairs of, or acceptance of an award for, meritorious public contribution or achievement given by a charitable, religious, professional, social, fraternal, non-profit educational, recreational, public service, or civic organization.

 

History: Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

The Commission inserted commas after the words “talents” in subsection (a) and “equipment” in subsection (e)(2) pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-454  Financial Interests

 

(a)        An employee shall not:

(1)        Have a direct or indirect financial interest that conflicts with government duties and responsibilities.

(2)        Engage in directly or indirectly, a financial transaction as a result of, or primarily relying on, information obtained through government employment.

 

(b)        This section does not preclude an employee from having a financial interest or engaging in financial transactions to the same extent as a private citizen not employed by the government, so long as it is not prohibited by law, the Constitution, or the regulations in this part.

 

History: Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

§ 10-20.2-456  Government Property

 

General Responsibility. Employees shall be held accountable for government properties 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.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

§ 10-20.2-458  Information

 

It is 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 disclosure of the record is prohibited by statute or constitutes an invasion of privacy of any individual concerned, or the record is exempt from the disclosure requirements, and sound grounds exist which require application of an applicable exemption. An 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.

 

History: Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1988 amendments deleted original section V.D12, and redesignated the remaining sections in this subpart. See 5 Com. Reg. at 2364 (Aug. 31, 1983).

 

§ 10-20.2-460  Gambling, Betting, 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 a game for money or property, or in selling or purchasing a numbers slip or ticket. However, this section does not preclude activities necessitated by the employee’s law enforcement duties.

 

History: Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

§ 10-20.2-462  Specific Types of Conduct

 

(a)        Misconduct. Any criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct on the part of a government employee is cause for removal from service.

 

(b)        Negotiations for Employment. It is the policy of the government that employees shall not, without proper clearance, negotiate for future non-Personnel Service System employment with persons or organizations having business with the Commonwealth and to which the employee is called upon officially to render advice or make judgments. In the event an employee desires to negotiate for such employment, the employee must inform his/her supervisor of his/her intentions. If the supervisor determines that the proposed negotiations will not adversely affect the government’s interests, the supervisor may authorize the employee to proceed.

 

(c)        Selling or Soliciting. Employees and other persons are prohibited from selling or soliciting for personal gain within any building occupied or used by the government without proper permission. This prohibition does not apply to:

(1)        Authorized and installed business activities such as Employees Credit Union.

(2)        Solicitation for health drives, the Red Cross, and other purposes approved under the governor’s fund-raising policy.

(3)        Token solicitations for floral remembrances, retirement gifts, and similar purposes.

 

History: Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1997 amendments repealed former section V.D15, entitled “Use of Intoxicants.” See 19 Com. Reg. at 15779 (Nov. 15, 1997); 9 Com. Reg. at 5371 (Dec. 15, 1987); 5 Com. Reg. at 2367 (Aug. 31, 1983). The remaining sections were redesignated accordingly.

 

The Commission inserted commas after the words “immoral” in subsection (a), “Cross” in subsection (c)(2), and “gifts” in subsection (c)(3) pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-464  Community and Professional Activities

 

Employees are encouraged to participate in the activities of professional societies and of civic organizations whose purposes and objectives are not inconsistent with those of the departments in which they are employed. Affiliation with such groups may be mutually beneficial to the employee and to the government; however, such participation must not affect adversely an employee’s performance of regularly assigned duties.

 

History: Amdts Adopted 19 Com. Reg. 15758 (Nov. 15, 1997); Amdts Proposed 19 Com Reg. 15520 (Aug. 15, 1997); Amdts Proposed 19 Com. Reg. 15119 (Feb. 15, 1997); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Subpart E -    Political Activity

 

§ 10-20.2-466  Political Activities

 

The political activities of persons in the Personnel Service System shall be subject to the restrictions of this subpart.

 

History: Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

§ 10-20.2-468  Rights of Employees

 

All employees in the Personnel Service System shall have the following rights:

 

(a)        To vote for the candidates of their choice and to express their opinions on political matters.

 

(b)        To be active members of the political party or organization of their choosing.

 

(c)        To make voluntary contributions to a political party for its general expenditures.

 

History: Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1984 amendments deleted former subsection (d).

 

§ 10-20.2-470  Prohibitions

 

Employees of the Personnel Service System shall not:

 

(a)        Use their office or official influence to interfere with an election or to affect the results of an election. 

 

(b)        Use their official authority to coerce any person or political party in reference to any politically related activity.

 

(c)        Be obligated to contribute to any political fund or render service to any political activity.

 

(d)       Solicit or receive political contributions from anyone while on government time or on government property.

 

(e)        Campaign for any candidate for public office during official working hours.

 

(f)        Promote or oppose legislation relating to programs of the departments without the official sanction of the proper departmental authority. (It should be clearly understood, however, that nothing in this policy is to be considered as restricting or interfering with the obligation of employees to respond freely and candidly to any inquiries made of them in regard to appropriations or related matters.)

 

History: Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

§ 10-20.2-472  Public Office

 

An employee who is an official candidate for public office shall take annual leave or leave without pay.

 

History: Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

§ 10-20.2-474  Penalty

 

An employee found guilty of a prohibited activity shall be subject to disciplinary action by management.

 

History: Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Subpart F -    Government Employment Equal Opportunity Policy

 

§ 10-20.2-476  Government Employment Equal Opportunity Policy

 

(a)        It is the policy of the government that there shall be no discrimination based on such factors as race, creed, color, ancestry, membership in a labor organization, political affiliation, place of origin, physical handicap, sex, religion, age, and similar matters not related to merit and fitness. Also, as stated in 1 CMC §§ 8101, et seq.:

“It is hereby declared to be the purpose of this Act to establish a system of personnel administration based on merit principles and generally-accepted methods governing the classification of positions and the employment, conduct, movement and separation of public officials and employees.

“It is also declared to be the purpose of this Act to build a career service which will attract, select and retain the best-qualified civil servants on merit who shall hold their offices or positions free from coercion, discrimination, reprisal or political influences, with incentives in the form of genuine opportunities for promotions in the public service, to provide competent and loyal personnel to render such service, according to the dictates of ethics and morality. In order to achieve these purposes, it is declared to be the policy of the Commonwealth that the personnel system hereby established be applied and administered in accordance with the following merit principles:

“A. Equal opportunity for all regardless of age, race, sex, religion, political affiliation or place of origin;

B. Impartial selection of the ablest person for government service by means of competitive tests which are fair, objective and practical;

C. Just opportunity for competent employees to be promoted within the service;

D. Reasonable job security for the competent employee;

E. Systematic classification of all positions through adequate job evaluation;

F. Fair and reasonable grievance procedures for all employees pertinent to condition of employment; and

G. Proper employer-employee relations to achieve a well-trained, productive and happy work force.”

 

(b)        All employees, and especially supervisors and managers, are expected to implement the equal employment opportunity policy at all times. Discrimination for or against any employee on the basis of age, race, color, religion, sex, national origin, place of origin, marital status, political affiliation, disability, or any other basis prohibited by federal or Commonwealth law shall not be tolerated. All agencies shall maintain every workplace free from unlawful harassment, including sexual harassment. Any employee or official who engages in any act of discrimination or harassment on the basis of any of the above factors violates government policy, and such misconduct will subject an employee to corrective action ranging from counseling to adverse action up to and including termination. Such harassment by a non-employee (for example, a client or contractor) is also prohibited. Supervisors and management officials shall not tolerate any such outside harassment and shall take necessary action to prevent its continuation or recurrence.

 

(c)        Any employee who feels that he or she has been discriminated against on the basis of any of the above factors, or sexually or in any other manner harassed, should immediately report such incidents to a supervisor at any level without fear of reprisal. Confidentiality will be maintained to the extent permitted by the circumstances.

 

(d)       A supervisor who receives a claim of discrimination or harassment in violation of this policy shall take such complaint seriously; assure that it is investigated promptly, privately, and with as much confidentiality as possible consistent with the need to determine the facts; and document the investigation. Any person accused of a violation shall be allowed the opportunity to rebut the charges.

 

(e)        After determining the facts, the appropriate supervisor shall take any corrective action required by the circumstances. This may include counseling any employee, whether or not a violation has occurred; imposing an appropriate sanction, including adverse action; making sure that this policy is reiterated to all employees or any group thereof; referral to the Civil Service Commission, Attorney General, or Public Auditor; or any other action necessary or likely to remedy the problem and prevent future discrimination or harassment. A supervisor who does not take appropriate action also violates this policy and exposes the Commonwealth government to liability.

 

(f)        Except as noted below, every department or other agency shall designate at least one person as Equal Employment Opportunity Officer (EEO Officer) as part of that person’s regular duties. The Governor may designate a single EEO Officer for two or more agencies of fewer than 50 employees each. Agencies that do not report to the Governor may voluntarily group themselves together and designate a single EEO Officer, and may seek the assistance of the Civil Service Commission in making such arrangements.

 

(g)        EEO Officers shall advise employees, including managers and other supervisors, regarding their rights and responsibilities under this policy and applicable federal and Commonwealth laws and shall be provided with appropriate training for such purpose.

Modified, 1 CMC § 3806(g).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 19 Com. Reg. 14894 (Jan. 15, 1997); Amdts Emergency and Proposed 18 Com. Reg. 14357 (Oct. 15, 1996); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (g).

 

The 1997 amendments added new subsections (b) through (g). See also the commission comment to § 10-20.2-401.

 

In subsection (b), the Commission corrected the spelling of “supervisors.” The Commission inserted a comma after the word “age” in subsection (a) pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-478  Nepotism

 

Employment by reason of blood or marriage relationship rather than merit is prohibited. No employee shall supervise an immediate family member except in emergency situations such as typhoons, floods, or at isolated field stations or where there is a shortage of quarters. No supervisor shall employ any relative or any other person whose relationship or association is such that it creates a reasonable assumption that that person, as an employee, would be in a favored position in relationship to other employees.

 

History: Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

§ 10-20.2-480  Political Affiliation

 

Under the Personnel Service System, no person with authority to make or recommend a personnel action relative to a person in, or an eligible or applicant for, a position in the Personnel Service, may make inquiry concerning political affiliation. All disclosures concerning political affiliation shall be ignored. Except as may be authorized or required by law, discrimination may not be exercised, threatened, or promised by any person in the government against or in favor of an employee in, or an eligible or applicant for, a position in the Personnel Service because of political affiliation.

 

History: Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The Commission inserted a comma after the word “threatened” pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-482  Coercion

 

A Personnel Service System employee shall not use government employment to coerce, or give the appearance of coercing, a person to provide financial benefit to self or another person, particularly one with whom the employee has family, business, or financial ties.

 

History: Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The Commission inserted a comma after the word “business” pursuant to 1 CMC § 3806(g).

 

Part 500 -       Incentive Programs

 

Subpart A -    Incentives and Awards

 

§ 10-20.2-501  Introduction and Purpose

 

To set forth policies and procedures for the Personnel Service incentives and awards program under applicable regulations.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The August 2004 proposed amendments republished part 500 in its entirety. As of December 2004, a notice of adoption had not been published, and therefore, the Commission has not incorporated the proposed changes.

 

§ 10-20.2-505  Policy

 

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

 

(a)        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.

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-501.

 

The Commission inserted a comma after the word “economy” pursuant to 1 CMC § 3806(a).

 

§ 10-20.2-510  Program Responsibility

 

(a)        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 suggestions 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.

 

(c)        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 in those areas to identify the employees who have made the special contribution, and consider submitting award nominations.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-501.

 

§ 10-20.2-515  Incentive Awards Committee

 

(a)        The Incentive Awards Committee will consist of three persons. The Personnel Officer shall serve as chairman. The Governor shall appoint the other two members, one to represent management and one to represent the employees.

 

(b)        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.

 

(c)        The committee reviews and evaluates letters of appreciation, suggestion awards, superior performance awards, special act or service awards, honor awards, and cash awards.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-501.

 

The Commission inserted a comma after the word “awards” pursuant to 1 CMC § 3806(c).

 

§ 10-20.2-520  Contributions and Award Categories

 

(a)        An employee’s contribution, to be considered for an incentive award, must be identified with one of the following four categories:

(1)        Suggestion award;

(2)        Superior performance award;

(3)        Special act or service award; or

(4)        Sustained superior performance for two years or more.

 

(b)        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. An 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 and to recognize a notable career well in advance of retirement.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

See the commission comment to § 10-20.2-501.

 

§ 10-20.2-525  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 the contribution. The original is presented to the employee and a copy is furnished to the Personnel Office for the employee’s official personnel folder. If the letter concerns an adopted suggestion, a copy is also forwarded to the Incentive Awards Committee.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-501.

 

Subpart B -    Recognition and Awards

 

§ 10-20.2-530  Superior Performance Award

 

A superior performance award is granted for performance exceeding job requirements and involving a contribution so superior or meritorious as to warrant special recognition. An employee may be considered for a lump-sum cash award for superior performance, provided the employee’s performance meets all the following criteria:

 

(a)        Performance of one or more important job functions in a manner that substantially exceeds normal requirements so that, when reviewed as a whole, the work performance is of a high degree of effectiveness.

 

(b)        Performance that exceeds the normal or typical;

 

(c)        Performance that does not meet all the requirements of a merit increase, but does significantly exceed performance standards in one or more important job functions.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: In subsection (a), the Commission corrected the spelling of “substantially.”

 

See the commission comment to § 10-20.2-501.

 

§ 10-20.2-535  A Special Act or Service Award

 

A special act or service award is granted for performance which involved overcoming unusual difficulties, or exemplary or courageous handling of an emergency situation related to official employment. Awards in this category are made in the form of a lump-sum payment.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-501.

 

§ 10-20.2-540  Honorary Awards

 

When appropriate, an honorary award may be granted in recognition of an employee’s contribution. The honorary award may be in addition to a cash award. For example, an honorary award is particularly appropriate in recognition of continued distinguished service, a singular achievement, or an act of personal heroism. It may be granted independently of, or as a supplement to, a cash award; it is not intended, however, to serve as a substitute for deserved monetary award. It is designed to select and bestow singular honor as an official recognition of achievement and as an incentive for further accomplishment. The concept of recognizing career public employees for significant contribution is to encourage excellence in government service which, in turn, should promote public appreciation of quality in government. By raising public opinion of government employees, the more able youth may be persuaded to choose government careers. Recommendations of honor awards should be submitted during the nominee’s active service, at least one or two years before retirement. General requirements for each type are:

 

(a)        The distinguished service award (gold medal) is the Commonwealth government’s highest award and can be received by an employee only once. It is granted by the Incentive Awards Committee for:

 

(l)         An outstanding contribution to science;

(2)        An outstanding skill or ability in the performance of duty;

(3)        An eminent career in the Commonwealth government;

(4)        An outstanding record in administration; or

(5)        Any other exceptional contribution to the public service.

 

(b)        The valor award (gold medal) is granted by the Incentive Awards Committee to employees who demonstrate unusual courage involving a high degree of personal risk in the face of danger. The valorous act does not have to be performed while on official duty.

 

(c)        The meritorious service award (silver medal) is granted by the Incentive Awards Committee for:

(1)        An important contribution to science or management;

(2)        A notable career;

(3)        Superior service in administration or execution of duties;

(4)        Initiative in devising improved work methods and procedures;

(5)        Superior achievement in improving safety, health, or morale; or

(6)        Superior accomplishments in fostering the objective of the government in the development in management.

 

(d)       The superior service award (certificate) is given at any time during an employee’s career to recognize significant acts, services, or achievements that materially aid or affect the successful accomplishment of the government’s mission. This award is granted by the Incentive Awards Committee for:

(1)        Accomplishment of a particularly difficult or important assignment in a manner that reflects favorably on the employee or the government;

(2)        Development of a new procedure or process that results in substantially increased productivity, efficiency, or economy of operation and for which the employee has not been otherwise rewarded;

(3)        Innovations of significance to further government programs; or

(4)        Any other aspect of superior performance related to assigned duties and deemed to be deserving of special recognition.

 

(e)        The government issues two other types of honor awards to employees. These are: award of service (plaque) and letter of appreciation. General requirements for each type are:

(1)        The award of service (plaque) is granted by the Incentive Awards Committee upon the retirement or death of an employee who has completed ten years or more of government service. A letter, signed by the Incentive Awards Committee citing the service and attainments of the recipient, accompanies the plaque. The employee’s organization prepares the letter and submits the justification memorandum to the Personnel Officer, who arranges for Incentive Awards Committee approval, signing of the letter and engraving of the plaque. The award materials are forwarded to the organization for presentation.

(2)        Letter of Appreciation. An employee who upon retirement has not qualified for the award of service (plaque) receives a letter of appreciation signed by the Incentive Awards Committee. The letter reflects the employee’s service and attainments. The employee’s organization prepares the letter and submits it by memorandum to the Personnel Officer, who arranges for Incentive Awards Committee approval and signing of the letter. The letter of appreciation is returned to the organization for presentation.

 

Modified, 1 CMC § 3806(e), (f), (g).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: In subsection (e)(1), the Commission corrected the spelling of “committee.” The Commission inserted commas after the words “health” in subsection (c)(5), “services” in subsection (d), and “efficiency” in subsection (d)(2) pursuant to 1 CMC § 3806(g).

 

See the commission comment to § 10-20.2-501.

 

§ 10-20.2-545  Length of Service Awards

 

Government employees receive emblems commemorating ten, twenty, and thirty years of government service. The Personnel Officer issues these emblems annually.

 

Modified, 1 CMC § 3806(e).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-501.

 

The Commission inserted a comma after the word “twenty” pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-550  Awards to Persons Outside Commonwealth

 

An award in the form of a 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:

 

(a)        Advancements in technology of benefit to the Commonwealth;

 

(b)        Effective cooperation among various sectors of private enterprises; and

 

(c)        Esthetic and environmental aspects of citizenship.

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-501.

 

§ 10-20.2-555  Presentation of Awards

 

The distinguished service awards and valor awards are presented at a special annual convocation by 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 families of the recipients should be invited, and following which may be served refreshments, if the administration or the recipients’ co-workers so desire. By their very nature, these awards represent truly significant accomplishments worthy of public note. The awards reflect credit not only upon the employees being given the recognition, but on the organizations and individuals with whom they work.

 

(a)        Meritorious service awards, length-of-service emblems for thirty years, and special achievement awards of two hundred dollars and over are presented in the appointing authority’s staff meetings.

 

(b)        Length of service pins for twenty or more years are presented to the employee by the appointing authority.

 

(c)        Other awards may be presented by any appropriate official in the recipient’s organization, in accordance with the importance of the contribution. The recipient of a special achievement award is given the original of the approved recommendation, along with a check.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-501.

 

The Commission inserted a comma after the word “years” in subsection (a) pursuant to 1 CMC § 3806(g).

 

Subpart C -    Beneficial Suggestions Program

 

§ 10-20.2-560  Suggestion Award

 

A suggestion award is an award for an idea submitted by an employee and adopted for use by the government. Awards of this kind are made only when the employee’s suggestion directly contributes to economy or efficiency or directly increases effectiveness in carrying out government programs or missions. Lack of novelty or originality does not necessarily make an idea ineligible for an award. Awards are made in the form of a cash lump-sum payment.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-501.

 

§ 10-20.2-565  Suggestions Procedures

 

(a)        A suggestion is prepared in triplicate with the original being submitted to the suggestor’s immediate supervisor, the duplicate to the chairman of the Incentive Awards Committee and the triplicate retained by the suggestor. The suggestion is accepted only if the idea contributes to increased efficiency or economy; suggestions which relate to employee benefits, working conditions, housekeeping, building and grounds, etc., are not processed as part of the awards program. The supervisor determines adoption or rejection of a suggestion, if s/he has authority to do so. If the suggestion is not within the scope of the supervisor’s authority, s/he initiates further referral.

 

(b)        If a suggestion is not adopted, the supervisor advises the suggestor by memorandum of the reasons for its rejection and furnishes a copy of the memorandum to the chairman of the Incentive Awards Committee. If it is adopted and has significant first-year benefits, the supervisor initiates the recommendation for a special achievement award (see § 10-20.2-535). If it is adopted but the benefits are not sufficient to qualify for a cash award, the supervisor initiates a letter of commendation to the suggestor, to be signed by himself or a higher level official. Suggestions which appear to have benefits applicable to other government organizations are referred to them by the Incentive Awards Committee.

 

Modified, 1 CMC § 3806(f), (g).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

The 1984 amendments amended subsection (a). See also the commission comment to § 10-20.2-501.

 

In subsection (a), the Commission corrected the spelling of “efficiency.”

 

§ 10-20.2-570  Documentation

 

Recommendation for a performance award, special act or service award related to the suggestion must be submitted in writing by supervisors. Awards for cash and certain honor awards should be forwarded to the Personnel Officer for consideration by the Incentive Awards Committee.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-501.

 

§ 10-20.2-575  Records and Reports

 

The chairman of the Incentive Awards Committee will receive reports and maintain necessary files. Each case file includes a copy of the suggestion itself and a copy of the letter to the suggestor concerning its adoption or rejection. Copies of letters of commendation for adopted suggestions are also forwarded. By the tenth day of each month, the chairman of the Incentive Awards Committee will report on the number of suggestions received, adopted and rejected to the Civil Service Commission. This information will be used to prepare a notification - at least at six-month intervals - to all employees concerning awards granted throughout the Commonwealth.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-501.

 

Part 600 -       Employee Benefits and Services

 

§ 10-20.2-601  Policy

 

It is the policy of the government to provide benefits and services to its employees in keeping with the general practices of government and private enterprise and as limited or prescribed by law. This part delineates those benefits and services which include:

 

(a)        Leaves of absence; and

 

(b)        Benefits, such as group life and health insurance, accident and health insurance, and worker’s compensation coverage.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The August 2004 proposed amendments republished part 600 in its entirety. As of December 2004, a notice of adoption had not been published, and therefore, the Commission has not incorporated the proposed changes.

 

Subpart A -    Leaves of Absence

 

§ 10-20.2-605  Purpose

 

Leaves of absence from the Personnel Service are for the mutual benefit of the employee and employer. When leaves of absence are granted, they are considered to be for legitimate reasons not detrimental to the Personnel Service.

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-601.

 

§ 10-20.2-610  Creditable Service for Leave Purposes

 

(a)        Trust Territory Public Service experience since United States administration took over (including when actually employed [WAE] until June 30, 1972).

(1)        Includes trainees. Includes employment under 61 TTC, paragraph 9(d), (f), (h), (l), (m), (n) and (o).

(2)        By Director of Personnel memorandum, dated January 26, 1972, to all Trust Territory of the Pacific Islands (TTPI) departments and districts, WAE appointments were to be terminated or converted to appointments per Administrative Directive 72-1 dated January 16, 1972. WAE appointments until June 30, 1972, are to be considered as full-time employment and service credited accordingly. After June 30, 1972, for WAE or intermittent employment, time actually worked will be used to compute creditable service.

(b)        Marianas administration under U.S. Navy and NTTU. Until 1962, when TTPI Headquarters moved to Saipan, the Marianas (Saipan and Tinian) were under Naval Administration prior to 1962.

 

(c)        Personnel under municipal governments.

 

(d)       All employment within TTPI including: Peace Corps, Micronesian Claims Commission, National Weather Service, and U.S. Coast Guard.

 

(e)        U.S. military and civilian service in the Trust Territory; active military service in United States Armed Forces in the TTPI.

 

(f)        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.

 

(g)        Service in the Commonwealth government since April 1, 1976.

 

(h)        Trust Territory Government employment under the Seaman’s Act.

 

(i)         Employees of agencies and instrumentalities within the Commonwealth.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The first paragraph was not designated. The Commission designated it subsection (a).

 

See the commission comment to § 10-20.2-601.

 

The Commission inserted commas after the words “services” in subsection (d) and “councils” in subsection (f) pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-615  Kinds

 

Broadly characterized, leaves of absence are either with pay or without pay.

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-601.

 

§ 10-20.2-620  Leaves with Pay

 

(a)        Annual Leave.

(1)        Annual leave, or vacation, shall be granted for the purpose of rest and relaxation. Personnel Service System employees who have less than three years of creditable service shall earn annual leave at the rate of four hours per pay period; except that newly appointed employees shall undergo a waiting period of ninety calendar days before being credited with annual leave. Employees with three but less than six years of creditable service shall earn annual leave at the rate of six hours per pay period. Employees who have six or more years of creditable service shall earn annual leave at the rate of eight hours per pay period.

(2)        Annual leave requests of more than three working days must be made in advance on a leave request form. All annual leave requests must be approved by the employee’s division head upon recommendation of such employee’s immediate supervisor. In smaller organizations where divisions may not exist, the heads of such organizations shall approve annual leave. A denial of request for annual leave is subject to employees’ grievance rights.

 

(b)        Maximum Accumulation. The maximum accumulation of annual leave for Personnel Service System employees shall be three hundred sixty hours. Accrued annual leave in excess of 360 hours remaining at the end of the leave year shall be converted to sick leave.

 

(c)        Sick Leave.

(1)        Sick leave shall be allowed whenever the employee on permanent status is to be absent from duty because of illness or injury or because of quarantine of the family and/or residence. Use of sick leave is appropriate only for medical, dental, optometric, or mental health counseling or treatment which the employee personally must undergo.

(2)        If an employee is absent because of illness, injury, or quarantine in excess of three days, the employee may be required to furnish a certification as to the incapacity from the attending physician. The appointing authority may require certification for such other period(s) of illness as is appropriate.

(3)        If the required certification is not furnished, all absence which would have been covered by such certification shall be indicated on the time and attendance record and the payroll as absent without leave (AWOL).

(4)        Employees on permanent status shall earn sick leave at the rate of four hours for each biweekly pay period in which they are in pay status for the entire ten days. Sick leave may be accumulated and carried over to succeeding leave years without limitation. A report showing the accrued sick leave balance will be provided the employee each pay period.

(5)        The generality of the foregoing is subject to the following special provisions:

(i)         Falsification of an illness report shall be considered sufficient cause for disciplinary action, including dismissal from the government service for repeated offenses.

(ii)        Sick leave with pay shall be allowed during leaves of absence or vacations; provided, however, that any sick leave taken by an employee while on vacation must be supported by a certificate issued by the attending physician. No employee shall be allowed to undertake gainful employment while on sick leave status.

(iii)       Sick leave with pay may be granted in advance of earning sick leave as provided under § 10-20.2-620(d). If an employee is separated from the service without having earned all of the sick leave allowed and taken, there shall be deducted from any money due the employee at the time of separation an amount equal to salary for the period of unearned sick leave allowed and taken.

(6)        Sick leave accrued for service with the government shall vest in the employee upon accrual and shall remain vested so long as the individual is employed by the government, provided that if such employee is separated from government service (other than through retirement) for a period longer than three years, the employee shall be divested of accumulated sick leave. (See § 10-20.2-640.)

 

(d)       Leave Advance.

(1)        Where, for good reason, an employee on permanent or limited term status requires additional annual or sick leave in addition to the amounts accrued, the Director of Personnel, with recommendation of the appointing authority, may grant advance leave up to a maximum of one-half of the total earnable leave credits for which the employee is eligible for one year from the date the application is received, or, in the case of limited term employees, up to a maximum of one-half of the total earnable leave credits for which the employee is eligible during the remainder of the employment term, whichever is shorter. Subsequent accrued leave earnings shall serve to replace the amount of advance leave granted and taken. Request for leave advance must be in writing from the employee with recommendation from the appointing authority.

(2)        Leave advance granted and taken:

(i)         Constitutes a legal contract between the employee and the government; and

(ii)        Must be repaid, even if the employee separates from government service. Recovery of advance leave that is unpaid may be through the government’s assumption of employee’s accrued unused leave, payroll deductions, matched reduction of service time, and/or recourse to the courts.

 

(e)        Training and Education Leave. Leaves for the purpose of job-related training and education may be granted employees on permanent status for a period not to exceed one year, by the Personnel Officer with the recommendation of the appointing authority. No training and educational leave, outside of the CNMI, shall be approved if such training is available locally.

shall be subject to immediate decertification and appropriate disciplinary actions(s).*

 

*So in original; see the commission comment to this section.

 

(f)        Compassionate Leave. Employees on permanent or limited term may be granted compassionate leave with pay of no more than five consecutive work days in cases of death in the immediate family of the employee. For the purpose of this subpart, the term “immediate family” shall be defined as an employee’s mother, father, brother, sister, spouse, immediate off-spring (natural and culturally or legally adopted), grandfather, grandmother, grandchild, mother-in-law, or father-in-law. Compassionate leave must be taken within eighteen days after the death of the immediate family member. The appointing authority is responsible for approving compassionate leave requests.

 

(g)        Administrative Leaves. An absence from duty administratively authorized, without loss of pay and without charge to accrued leave, is administrative leave. The governor, appointing authorities or their designees have the responsibility for approving administrative leave requests. The following are the three general classes into which administrative leaves fall:

(1)        Administrative leave is absence authorized under emergency conditions beyond the control of management, e.g., typhoons, or for participation in civic activities of interest to the government, or employment connected examinations, or for such reasons as the Governor may determine (such as a shortened work day on Christmas Eve).

(2)        Administrative leaves related to disciplinary actions. Managers may place an employee in non-working status with pay for up to three work days pending preparation of a notice of proposed suspension for up to thirty calendar days or removal from the Personnel Service.

(3)        Administrative leave may be granted to employees serving on government boards and commissions, provided such employees do not receive compensation from the boards and commissions.

 

(h)        Court Leave. The government encourages its employees to fulfill their obligations as 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 as the jury may be impaneled. Employees who are called to jury duty shall present their juror summons to their immediate supervisor together with a completed request for leave, for the supervisor’s signature and processing. Employees who serve as jurors using court leave to cover the period of absence shall turn over to the Commonwealth Treasurer such jury fees (as distinct from expense allowances) as they receive from the court. Expense allowances paid the employee for whatever purpose may be retained by the employee to defray the expenses for which granted. An employee subpoenaed as witness, except as a government witness, shall charge such absence to annual leave or leave without pay. Court leave shall be granted to an employee subpoenaed in litigation in which the government has no interest, to serve as a witness in the employee’s present or past official capacity as a government employee and who may be required to present government records in testimony. Such employee must inform the appointing authority of the required testimony as soon as possible after being subpoenaed.

 

(i)         Military Leave. Military leaves of absence with pay, not to exceed fifteen working days in any calendar year, regardless of the number of training periods in the year, may be granted by the Personnel Officer to employees on permanent status 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. Administrative leave will not be granted in order to extend leave time for any additional training days.

 

(j)         Maternity Leave. Maternity leave shall be granted to a female employee on permanent or limited term status who is 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 work days, shall be in addition to any accumulated sick leave, and shall be any fifteen work days encompassing the date of childbirth. Any additional leave taken for such childbirth purposes shall be charged against accumulated sick leave.

 

(k)        Paternity Leave. Paternity leave shall be granted to a male employee on permanent or limited term status who is absent from work because of his wife’s confinement for childbirth. Such paternity leave shall not exceed two work days encompassing the date of childbirth. The appointing authority shall have the responsibility for approving paternity leave requests.

 

Modified, 1 CMC § 3806(c), (e), (f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 22 Com. Reg. 17279 (June 20, 2000); Amdts Proposed 22 Com. Reg. 17099 (Apr. 20, 2000); Amdts Adopted 19 Com. Reg. 15748 (Nov. 15, 1997); Amdts Proposed 19 Com. Reg. 15638 (Sept. 15, 1997); Amdts Adopted 12 Com. Reg. 7139 (June 15, 1990); Amdts Proposed 11 Com. Reg. 6148 (Apr. 15, 1989); Amdts Adopted 11 Com. Reg. 6156 (Apr. 15, 1989); Amdts Proposed 11 Com. Reg. 5854 (Feb. 15, 1989); Amdts Adopted 10 Com. Reg. 5579 (July 15, 1988); Amdts Proposed 10 Com. Reg. 5557 (June 15, 1988); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: In subsections (a), (c), and (d), the paragraphs were not designated. The Commission designated subsections (a)(1) and (a)(2), (c)(1) through (c)(6), and (d)(1) and (d)(2).

 

The 1984 amendments added new subsection (g)(3) and amended subsections (d)(1), (e), (f), (i), (j) and (k). The February 1988 amendments added new subsection (d)(2). The July 1988 amendments amended subsection (a).

 

The 1989 amendments amended subsection (e). The starred language was probably included in error and should be deleted. See 11 Com. Reg. at 6164 (Apr. 15, 1989).

 

The 1990 amendments amended subsection (a). The 1997 amendments repealed former subsection (g)(2) and redesignated the paragraphs of subsection (g) accordingly. The 2000 amendments amended subsections (d)(1), (d)(2), (f), (j) and (k). See the commission comment to § 10-20.2-601.

 

Public Law 15-69 (effective June 5, 2007), codified at 1 CMC § 8276, authorized government employees to apply for sick leave to attend to an immediate family member who is sick. Public Law 15-116 (effective Nov. 29, 2007), codified at 1 CMC §§ 8265-8267, which repealed and reenacted PL 15-69, requires that sick leave requests to attend to immediate family members in excess of two days must be supported by a certified medical statement. The provisions of PL 15-116 supersede subsection (c) to the extent that they conflict.

 

The Commission inserted commas after the words “optometric” in subsection (c)(1), “injury” in subsection (c)(2), “time” in subsection (d)(2)(ii), and “mother-in-law” in subsection (f) pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-625  Leaves Without Pay

 

(a)(1)   An employee on permanent status may be granted leave without pay not to exceed ninety consecutive work days if the appointing authority considers it justified. Leave without pay may be extended up to ninety additional consecutive work days ONLY with the approval of the Personnel Officer, upon recommendation by the appointing authority. Such leave without pay may be granted to permit the employee to attend to important family affairs, such as settling an estate or for justifiable personal or business reasons.

(2)        An employee desiring extended leave without pay shall prepare a memorandum of explanation addressed to the immediate supervisor explaining in detail the reasons for the request.

 

(b)        Training and Education Leave. Employees on permanent status who wish to pursue their education on a full-time basis without financial assistance by the government, may be granted leaves of absence without pay for a period not to exceed one year. Such employees shall have the right to return to their positions at the satisfactory conclusion of their education or training, and their service anniversary dates shall be adjusted by the amount of leave without pay taken. The Personnel Officer is responsible for approving or disapproving requests for training and education leave, upon recommendation by the appointing authority.

 

(c)        Leave Without Pay in Extension of Annual or Sick Leave. Employees on permanent status may be granted leave without pay (LWOP) for the purpose of extending annual or sick leave. When sick leave is so extended, the attending physician must certify to the necessity of the extension. The Personnel Officer is responsible for approving or disapproving requests for leave without pay, upon recommendation by the appointing authority.

 

(d)       Tardiness.

(1)        At the end of each pay period tardiness shall be charged to leave without pay (LWOP) or absence without leave (AWOL). In respect to each incident of tardiness,

(i)         If the period of lateness is less than one hour it will be charged to LWOP.

(ii)        If the period of lateness is more than one hour it will be charged to AWOL.

(2)        The period of tardiness shall be calculated in the same manner as hours worked are calculated for time keeping purposes.

 

(e)        Extended Military Leave. The federal Uniformed Services Employment and Reemployment Act (USERRA) generally requires the Commonwealth government to provide extended military leave for its career employees, regardless of whether the service is voluntary or involuntary. The cumulative length of all absences due to military leave and extended military leave shall not exceed five years, unless extended for good reason documented in writing by the appointing authority. The employee must give advance notice to the appointing authority, unless military necessity or circumstances make this impossible or unreasonable. In most cases, the employee is guaranteed reinstatement rights and certain seniority rights upon return from leave. The employee must also comply with requests for documentation and with the requirements of this subchapter regarding the timing of applications for reemployment. For details, employees and appointing authorities should contact the U.S. Department of Labor.

 

(f)        FMLA Leave.

(1)        The federal Family and Medical Leave Act of 1993 (FMLA) entitles employees who have worked for the Commonwealth for at least one year and who worked at least 1,250 hours over the previous 12 months to take up to 12 weeks of LWOP for any of the following reasons:

(i)         To care for the employee’s child after birth or placement for adoption or foster care;

(ii)        To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition; or

(iii)       For a serious health condition that makes the employee unable to perform the employee’s job.

(2)        At the option of the employee or the employing agency, annual leave, sick leave, maternity leave, or paternity leave may be substituted for LWOP for FMLA purposes. All leave qualifying under the FMLA shall be documented as FMLA leave either before it is taken or promptly thereafter. In most cases, participation in the government group health insurance program shall continue during FMLA leave. Agencies should contact the U.S. Department of Labor for detailed guidance regarding the requirements of the FMLA.

 

Modified, 1 CMC § 3806(d), (e), (f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 22 Com. Reg. 17279 (June 20, 2000); Amdts Proposed 22 Com. Reg. 17099 (Apr. 20, 2000); Amdts Adopted 19 Com. Reg. 14894 (Jan. 15, 1997); Amdts Emergency and Proposed 18 Com. Reg. 14357 (Oct. 15, 1996); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: In subsections (a), (d) and (f), the paragraphs were not designated. The Commission designated subsections (a)(1) and (a)(2), (d)(1) and (d)(2), and (f)(1) and (f)(2).

 

The 1984 amendments amended subsection (b). The 1997 amendments added new subsections (e) and (f) and readopted the entire section. The 2000 amendments amended subsection (d)(1) and added new subsection (d)(2). See also the commission comment to § 10-20.2-601.

 

§ 10-20.2-630  Basis for Accrual

 

Employees shall accrue annual leave and sick leave for each biweekly pay period in which they are in pay status for the entire ten days; otherwise there shall be no accrual for such period. Provided, however, employees serving on government boards and commissions who elect to take leave without pay (LWOP) during such performance shall accrue leave for that service time. Part-time employees with regular scheduled tours of duty of forty to seventy hours during a biweekly pay period will accrue annual and sick leave at one-half the rate of full-time employees and will be eligible for other paid leaves, as provided in § 10-20.2-620 at this rate. Part-time employees with regular scheduled tours of duty of less that forty hours during a biweekly pay period will not accrue annual or sick leave benefits or be eligible for the other paid leave benefits. Part-time employees must be in a pay status for their full regular scheduled tour of duty for the entire ten days; otherwise there shall be no accrual for such period.

 

Modified, 1 CMC § 3806(c), (e).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 22 Com. Reg. 17279 (June 20, 2000); Amdts Proposed 22 Com. Reg. 17099 (Apr. 20, 2000); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1988 amendments changed the order of the original sections of this subpart. See 5 Com. Reg. at 2383-89 (Aug. 31, 1983). The then-existing sections in this part were redesignated accordingly. See also the commission comment to § 10-20.2-601.

 

§ 10-20.2-635  Unauthorized Leave

 

(a)        Unauthorized leave (absent without leave, AWOL) is absence from duty without appropriate authorization. Employees who are absent from duty without prior approval, except in bona fide emergencies, shall be charged as being AWOL. Employees who are AWOL are subject to loss of pay and possible disciplinary action.

 

(b)        If an employee is absent because of illness, injury, or quarantine in excess of three days, the employee may be required to furnish a certification as to the incapacity from the attending physician. The appointing authority may require certification for such other period(s) of illness as is appropriate. If the required certification is not furnished, all absence which would have been covered by such certification shall be indicated on the time and attendance record and the payroll as absent without leave (AWOL). (See § 10-20.2-620(c).)

 

Modified, 1 CMC § 3806(c), (f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

The 1988 amendments added new subsection (b). See also the commission comment to § 10-20.2-601.

 

The Commission inserted a comma after the word “injury” in subsection (b) pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-640  Disposition of Leave upon Separation

 

(a)        Annual Leave.

(1)        An employee separated from the Personnel Service for any reason shall receive a lump-sum payment for all annual leave accrued to the employee’s credit and remaining unused at the time of separation. If the employee returns to duty in any capacity with the government before the accumulated term of leave would have expired, had it been liquidated in the normal course of employment, the employee must return to the government the gross value of such unused leave and have those hours of leave re-credited to the employee’s annual leave account.

(2)        For example, if an employee has 360 hours annual leave to his credit upon separation, that represents 45 days of annual leave. If the employee returns to government employment before the passage of 45 work days, the employee is required to make a refund for the unexpired term of leave remaining.

(3)        If the employee in the above example separates from government employment December 31, is offered an opportunity to return to duty with the same classification and pay, accepts, and returns to work March 15, 34 work days or 272 hours would have elapsed (one holiday occurred in February) between separation and return to duty. Such employee would be required to repay to the government the value of 88 work hours, the difference between the 360 accumulated hours granted through lump-sum payment, and the 272 hours of elapsed time between separation and return to duty. Repayment may be through lump-sum cash prior to resuming duty status, payroll deduction or assigning to the government all annual leave accrued subsequent to returning to duty until the repayment is completed.

 

(b)        Sick Leave. An employee separated from the Personnel Service for any reason shall have all sick leave accrued to the employee’s account held in the leave records for three years. Should the person be reemployed in the Personnel Service at any time during that three year period, the sick leave balance shall be re-credited to the employee’s sick leave account and available for use from the first day of reemployment. Provided, however, that an employee separated from the Personnel Service for retirement purposes, and whose unused sick leave has been converted to service time to determine eligibility in the retirement program, shall not be recredited for such sick leave balance. (See 1 CMC § 8301, as amended.)

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: In subsection (a), the original paragraphs were not designated. The Commission designated subsections (a)(1) through (a)(3).

 

The 1988 amendments added new subsection (a)(3). See also the commission comment to § 10-20.2-601.

 

§ 10-20.2-645  Responsibilities

 

(a)        The employee shall be responsible for initiating a request for leave using such forms, documentation, and explanatory material as may be required. Such request shall be initiated, sufficiently in advance so as to enable management to make the necessary staff adjustments. Management shall review all leave requests and may approve, disapprove or modify any leave request.

 

(b)        The Personnel Officer shall be available for advice and assistance to the employees and to all management agencies in matters concerning leaves and shall be responsible for the final decision in leave disputes and interpretation and application of leave policy.

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) and (b).

 

See the commission comment to § 10-20.2-601.

 

The Commission inserted a comma after the word “documentation” pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-650  Administration of the System

 

(a)        Leave Year. For administrative convenience, leave accumulations and usages are based upon the leave year. A “leave year” is that period of 52 consecutive weeks (26 pay periods) which begins on the first day of the first full pay period of the calendar year and ends on the last day of the last pay period which ends in that calendar year. For example, if the first day of the first pay period in the new year is January 11, then the leave year ends on January 10 the following year.

 

(b)        Employee’s Right to Annual Leave. Employees have a legal right to accumulate annual leave, but the right to use that leave is contingent upon management’s requirements. Thus, it is incumbent upon managers and employees to agree mutually as to the duration of annual leave and the period of taking. A manager is wholly within managerial rights to deny an employee’s request for annual leave if that denial is based upon demands of the Personnel Service. The manager is obligated, in event of a denial, to suggest to the employee a more appropriate time for taking annual leave.

 

(c)        Vacation Scheduling. The government urges and encourages employees to use annual leave for the purpose for which it is intended. That is for rest and relaxation. The government considers that a “vacation” of not less than two consecutive weeks of annual leave meets the basic intent of annual leave provisions. To avoid confusion, recriminations, disappointments, and grievances, managers are urged to schedule vacation periods for their employees, bearing in mind employees’ preferences, needs and desires, so that the work force will not be unduly affected by employee absences. In event of conflict between employees over choice of a vacation period, government seniority or some other device, consistently applied, may be used to resolve such conflicts.

 

(d)       Lump Sum Leave Payment Upon Separation. When an employee is separated from the Personnel Service, the employee is entitled to the payment of unused annual leave in a lump sum. However, lump-sum leave payment shall not be processed for an employee who has not completed the requirements of § 10-20.2-256.

 

Modified, 1 CMC § 3806(c).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 11 Com. Reg. 6156 (Apr. 15, 1989); Amdts Proposed 11 Com. Reg. 5854 (Feb. 15, 1989); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1984 and 1989 amendments amended subsection (d). The 1988 amendments moved two paragraphs from subsection (d) to § 10-20.2-640(a). See also the commission comment to § 10-20.2-601.

 

The Commission inserted commas after the words “disappointments” and “needs” in subsection (c) pursuant to 1 CMC § 3806(g).

 

Subpart B -    Benefits

 

§ 10-20.2-655  General

 

It is the policy of the government to provide certain benefits to all its employees, whatever their appointive status. These are defined in the sections which follow.

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-601.

 

§ 10-20.2-660  Responsibilities

 

(a)        The Personnel Office is charged with the responsibility to administer the several benefits.

 

(b)        The Personnel Officer is responsible for advising the Civil Service Commission as to the kinds of coverage needed for the employees, the preparation and oversight of procedures used, and for the training of managers and employees in the development and presentation of claims.

 

(c)        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 to present claims.

 

(d)       Employees are responsible to familiarize themselves with reporting procedures so that they may be assured of proper coverage in event of injury or illness.

 

Modified, 1 CMC § 3806(g).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Amdts Adopted 6 Com. Reg. 3175 (Oct. 15, 1984); Amdts Proposed 6 Com. Reg. 3123 (Aug. 15, 1984); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1984 amendments amended subsection (d). See also the commission comment to § 10-20.2-601.

 

In subsection (b), the Commission corrected the spelling of “employees.”

 

§ 10-20.2-665  Nature of Coverage

 

Government employees are entitled to the following benefits with specific exceptions as noted below:

 

(a)        Worker’s compensation coverage for work-related injury or illness is provided to all employees of the government who are not otherwise covered by U.S. laws.

 

(b)        Group life insurance coverage is available to all employees who work at least twenty hours per week; provided, however, that should a group life insurance policy be in effect covering employees not meeting the stated requirements, such coverage shall immediately be afforded such employees.

 

(c)        Group health insurance coverage is available to all employees of the government.

 

Modified, 1 CMC § 3806(e), (f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The 1988 amendments added new subsection (c). See also the commission comment to § 10-20.2-601.

 

§ 10-20.2-670  Insurance Program Definitions

 

Brochures and other information concerning nature and extent of coverage, cost to the employee, and manner of processing claims shall be available in the Personnel Office.

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-601.

 

The Commission inserted a comma after the word “employee” pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-675  Retirement Program

 

The Personnel Officer and his staff must be conversant with the provisions and entitlements under the Social Security and retirement programs so that they may provide informal advice and counsel to employees or their survivors who need information and guidance in filing claims for benefits.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-601.

 

The Commission corrected the capitalization of the words “Social Security” pursuant to 1 CMC § 3806(g).

 

Part 700 -       Performance Evaluation

 

§ 10-20.2-701  General

 

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.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: When it promulgated the 1995 amendments, the Civil Service Commission readopted and republished all of part 700. The Commission, therefore, cites the 1995 amendments in the history sections throughout this part.

 

The August 2004 proposed amendments republished part 700 in its entirety. As of December 2004, a notice of adoption had not been published, and therefore, the Commission has not incorporated the proposed changes.

 

The Commission inserted a comma after the word “evaluate” pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-705  Employee Performance Evaluation

 

Employee performance evaluation is essential to:

 

(a)        Improve employee effectiveness by:

(1)        Providing the working atmosphere in which an employee may be motivated to achieve the highest performance potential; and

(2)        Identifying work performance standards agreed to by both management and employee.

 

(b)        Strengthen the employee-supervisory relationship by:

(1)        Establishing a framework for continuing employee-supervisor communications regarding performance standards and development of employee potential; and

(2)        Guaranteeing employees the opportunity to participate in the establishment of performance standards.

 

(c)        Provide management with an objective basis for relating employee work performance to a wide variety of pertinent personnel management activities.

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-701.

 

§ 10-20.2-710  Policy

 

(a)        Appointing authorities shall ensure that supervisors in their respective jurisdictions reach and maintain a clear understanding with their subordinates of the standards of work performance which must be met in order to successfully accomplish assigned work. The supervisor and the employee, on a person-to-person basis, must understand and agree on the work objectives set, the manner in which they can be reached, and the way they will be evaluated. A review of the employee’s position description is necessary, therefore, to assure such understanding of the duties, performance standards and work objectives established.

 

(b)        Annually, commencing at the employee’s employment date, based upon the preceding twelve months performance rating report and other pertinent factors, an annual written rating of performance shall be submitted by the supervisor, and concurred by the activity head, on CSC-P-07 forms prescribed by the Director of Personnel, for each permanent, probationary, and limited-term employee. The Director of Personnel Management, through an authorized representative, shall administer the performance rating report and be alerted to changes needed for necessary improvement of such system.

 

(c)        Non-Commonwealth employees shall not be delegated the authority to supervise employees of the Commonwealth.

 

Modified, 1 CMC § 3608(e).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 11 Com. Reg. 6156 (Apr. 15, 1989); Amdts Proposed 11 Com. Reg. 5854 (Feb. 15, 1989); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (c).

 

The 1989 amendments added new subsection (c) and amended subsection (b). The 1995 amendments amended subsection (b) and republished and readopted the entire section. See also the commission comment to § 10-20.2-701.

 

§ 10-20.2-715  Responsibilities

 

(a)        The Director of Personnel Management shall be responsible to:

(1)        Develop, evaluate, and improve the Personnel Service annual employee review system and performance rating report; and

(2)        Provide advice, assistance, and supervision in the administration of the system.

 

(b)        The appointing authorities shall be responsible to implement, administer, and obtain compliance with the purposes of the system, including:

(1)        Provide assistance to supervisors and employees in developing performance rating report;

(2)        Provide training to supervisors so they can effectively evaluate employee performance; and

(3)        Assure that employees understand the provisions, procedures, and objectives of the performance evaluation plan.

 

(c)        Supervisors are responsible to:

(1)        Assure that position descriptions accurately reflect the duties and responsibilities assigned;

(2)        Determine jointly with each employee the performance standards to be met and keep each employee advised of strengths, weaknesses, and opportunities for improvement;  

(3)        Conduct the annual employee performance reviews; and

(4)        Initiate appropriate personnel actions in cases of continuing unsatisfactory performance.

 

(d)       The employee is responsible to:

(1)        Request clarification from the supervisor of any performance ratings, work objectives, or duties which are not clearly understood;

(2)        Advise the supervisor of any fact or circumstance which the employee believes should be considered during the review process;

(3)        Participate in performance appraisal discussions, in the development of performance standards, and make suggestions for improving performance; and

(4)        Certify the performance appraisal ratings.

 

(e)        In the event the employee disagrees with any of the ratings, the employee must so indicate on the performance rating form (CSC-P-07) and must submit a written statement to the Director of Personnel Management as required by § 10-20.2-282 of this subchapter.

 

Modified, 1 CMC § 3806(c), (f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).  

 

Commission Comment: The final paragraph was not designated. The Commission designated it subsection (e). 

 

The 1988 amendments added subsections (d)(4) and (e). The 1995 amendments amended subsections (a)(1), (b)(1), (b)(3), (c)(3), (c)(4), (d)(1) and (e) and republished and readopted the entire section. See also the commission comment to § 10-20.2-701.

 

The Commission inserted commas after the words “evaluate” in subsection (a)(1), “assistance” in subsection (a)(2), “administer” in subsection (b), “procedure” in subsection (b)(3), “weaknesses” in subsection (c)(2), and “objectives” in subsection (d)(1) pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-720  Relationship to Other Personnel Management Activities

 

(a)        By using the employee anniversary date system (as contrasted to a fixed due date), supervisors may better consider and evaluate each employee as an individual and coordinate the performance evaluation with the other appraisal actions which make up the totality of the employee review system.

 

(b)        Supervisors do not have a right to retain an employee in a position in which the employee’s overall rating is “unsatisfactory.” To permit such a situation would not be in the best public interest and would not be consistent with good management principles. Supervisors must initiate the necessary personnel action to have such an employee reassigned, demoted, or separated from the position at the earliest possible date.

 

(c)        An employee with a current official rating of “outstanding/exceptional” has an additional two points of retention credits for reduction-in-force purposes.

 

Modified, 1 CMC § 3806(e), (f), (g).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 11 Com. Reg. 6156 (Apr. 15, 1989); Amdts Proposed 11 Com. Reg. 5854 (Feb. 15, 1989); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The original paragraphs were not designated. The Commission designated subsections (a) through (c).

 

The 1989 amendments amended subsection (c). The 1995 amendments amended subsection (b) and readopted the entire section. See also the commission comment to § 10-20.2-701.

 

In subsection (b), the Commission moved the period after “unsatisfactory” inside of the closing quotation mark to correct a manifest error. The Commission inserted a comma after the word “demoted” in subsection (b) pursuant to 1 CMC § 3806(g).

 

§ 10-20.2-725  Performance Appraisal Rating

 

A completed performance rating report (CSC-P-07) must be submitted to the Office of Personnel Management on an annual basis for appropriate action.

 

Modified, 1 CMC § 3806(f).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 11 Com. Reg. 6156 (Apr. 15, 1989); Amdts Proposed 11 Com. Reg. 5854 (Feb. 15, 1989).

 

Commission Comment: The 1989 amendments adopted this section and replaced former section VIII.F, entitled “Exceptional Performance Ratings.” See 9 Com. Reg. 5294, 5398 (Dec. 15, 1987). See also the commission comment to § 10-20.2-701.

 

§ 10-20.2-730  Rating Probationary Employees

 

The final rating shall be completed for probationary appointees a month prior to being eligible for conversion to a permanent appointment.

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 11 Com. Reg. 6156 (Apr. 15, 1989); Amdts Proposed 11 Com. Reg. 5854 (Feb. 15, 1989); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-701.

 

§ 10-20.2-735  Appeals

 

Employees who believe their ratings are unjust shall be entitled to appeal as provided for in § 10-20.2-282 of this subchapter.

 

Modified, 1 CMC § 3806(c), (d).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 17 Com. Reg. 13398 (May 15, 1995); Amdts Proposed 16 Com. Reg. 11771 (Mar. 15, 1994); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: See the commission comment to § 10-20.2-701.

 

Part 800 -       Training and Employee Development

 

§ 10-20.2-801  Policy

 

Insofar as appropriate training increases workers’ effectiveness in jobs, improves morale, decreases labor turnover, prepares new employees to do jobs for which they are not trained, provides an effective means of screening and placement, and prepares employees for filling responsible jobs and upward mobility, and insofar as it is a major commitment of the government to train and develop a viable Personnel Service System workforce within the Commonwealth, it is therefore in keeping with government policy and the intent of 1 CMC §§ 8101, et seq., that the policy stated in § 10-20.2-005 be followed.

 

Modified, 1 CMC § 3806(c).

 

History: Amdts Proposed 26 Com. Reg. 22953 (Aug. 26, 2004); Amdts Adopted 10 Com. Reg. 5436 (Feb. 15, 1988); Amdts Proposed 9 Com. Reg. 5294 (Dec. 15, 1987); Adopted 5 Com. Reg. 2502 (Nov. 15, 1983); Proposed 5 Com Reg. 2286 (Aug. 31, 1983).

 

Commission Comment: The August 2004 proposed amendments republished part 800 in its entirety. As of December 2004, a notice of adoption had not been published, and therefore, the Commission has not incorporated the proposed changes.

 

§ 10-20.2-805  Responsibilities

 

(a)        The Personnel Officer shall work with appointing authorities to:

(1)        Formulate and define policy requirements for developing the workforce in the personnel service;

(2)        Determine goals to be met in all job categories;

(3)        Set standards to be met by personnel service employees for promotion and career development;

(4)        Evaluate all training programs and recommend alternatives to assure that manpower development programs accomplish their objectives;

(5)        Coordinate the training and employee development programs with the appointing authorities and other appropriate training agencies so that manpower development in the personnel service is in harmony with development in private sector;

(6)        Assure that education services in the Commonwealth are fully utilized; and

(7)        Establish the minimum training requirements for mobility in the work force.

 

(b)        Appointing authorities, supported by the designated officer or the Personnel Officer, shall:

(1)        Implement training programming at all levels within their respective organizations to assure that training objectives are met;

(2)        Submit to the Civil Service Commission annual training objectiv