Amended by State Law 6-132 and State Law
7-47.
Section 18.402. Outside
employment.
(1) No employee subject to the provisions of this Title shall engage in any outside employment or other outside activity which is not compatible with the full and proper discharge of the responsibilities of his position or is otherwise prohibited by law. It shall be deemed incompatible with such discharge of responsibilities for any such employee to accept any fee, compensation, gift, payment of expenses, or any other thing of monetary value in circumstances such that acceptance may result in, or create the appearance of resulting in:
(a) use of office for private gain;
(b) an undertaking to give preferential treatment to any person;
(c) impeding government efficiency or economy;
(d) any loss of complete independence or impartiality;
(e) the making of a government decision outside official channels; and
(f) any adverse effect on the confidence of the public in the integrity of the government.
(2) No employee subject to the provisions of this Title shall receive compensation or anything of monetary value, other than to which he is duly entitled from the government, for the performance of any activity during his service as such employee within the scope of his official responsibilities.
Section 18.403. Employee
associations.
Employees shall have the right
to form associations for the purpose of presenting their views to the government
and shall be free from restraint or reprisal in exercising this right. The
government shall give reasonable opportunity to representatives of such
associations to present their views.
Section 18.404. Grievances.
The Oversight Board shall
publish and enact regulations which prescribe a system for hearing the views of
employees on their working conditions, status, pay and related matters, and for
hearing and adjudicating grievances of any employee or group of employees.
These regulations shall ensure that employees are free from coercion,
discrimination, and reprisals and that they may have representatives of their
choice.
Background
Amended by State Law 7-47.
Section 18.405. Leaves of
absence.
Branch Heads, or other
appropriate management officials, may grant leaves of absence, with or without
pay, pursuant to regulations adopted by the Oversight Board.
Background
Repealed and replaced by State Law
7-47.
Section 18.406. Resignation.
Resignations shall be in
writing. If an employee ceases work without explanation for more than 6
consecutive working days, the management official shall file with the Branch
Head and the Director a statement showing termination of employment because of
abandonment of position. The management official shall promptly transmit a
copy of the statement to the employee by the most practical
means.
Background
Amended by State Law 7-47.
Section 18.407. Reduction
in force.
The Oversight Board shall
develop and promulgate regulations, directives or rules to govern the conditions
under which an employee shall be laid off from his position when lack of work or
lack of funds make such action necessary.
In establishing such order of layoff, consideration shall be given, first, to the employee's individual merit, as shown by performance evaluations; second, to his qualifications of education, training and experience; third, to his seniority as measured by total creditable service.
Background
Amended by State Law 7-47.
Section 18.408. Retirement.
An employee is not older than
sixty years of age. Subject to appropriation, an employee who has worked
eighteen quarters for the public service and has retired from said employment
after reaching fifty-five years of age may be eligible for pension benefits
until he reaches sixty years of age. The Director shall transmit to the
Legislature, no later than September 1 of each year, a bill to appropriate the
estimated amount of funds to be needed for the upcoming fiscal year, using for
their estimate the rate of monthly benefits available to Social Security
retirement beneficiaries.
Background
Amended by State Law 7-47.
Section 18.409. Personnel
Records.
The official personnel records
of all employees, whatever their type of status, shall be maintained in one
location with the Director and safeguarded for confidentiality. The
Director shall provide a copy of the personnel records to the Speaker of the
Legislature and the Chief Justice of the Kosrae State Court for the employees of
their respective branches. The Director shall provide any employee a copy
of their personnel records after a written request has been
made.