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OFFICE OF THE GOVERNOR
PRESS RELEASE
(for immediate release – Monday, September 24, 2007)
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Gov. Togiola issues Executive Order for short-term contract leave
(UTULEI) – Governor Togiola Tulafono today issued an Executive Order establishing policy for short-term / temporary contract employees to accrue annual and sick leave.
EXECUTIVE ORDER NO. 010-2007
AN EXECUTIVE ORDER ESTABLISHING POLICY FOR THE AMERICAN SAMOA GOVERNMENT IN DEALING WITH ANNUAL AND SICK LEAVE ENTITLEMENTS FOR SHORT-TERM AND TEMPORARY CONTRACT WORKERS, LIMITING THE TERMS OF THEIR CONTRACTS
WHEREAS, short term and temporary contract workers are largely made up of local hires who possess certain skills and talents that are needed in several different areas of government; and
WHEREAS, short term and temporary contract employees provide services to the American Samoa Government that are just as important as those provided by two-year contract specialists, yet receive no special benefits such as those received by their two-year contract counterparts; and
WHEREAS, a review of the applicable authorities which govern annual and sick leave for contract workers reveals no statutory or regulatory prohibition of annual and sick leave for short-term contract employees; and
WHEREAS, a fair and justified approach in dealing with short-term and contract employees must be established in order to assure the ready availability of qualified workers when needed by the American Samoa Government, and such an approach must be set as policy.
NOW, THEREFORE, the following Executive Order is hereby issued.
Section 1. Authority
This Executive Order is issued under the authority granted to the Governor in Article IV, Sections 6 and 7 of the Revised Constitution of American Samoa, and Sections 4.0111(b), ASCA.
Section 2. Consideration
Short-term employees are largely made up of local hires who possess certain skills and talents that are needed in several different areas of importance. These individuals differ from two-year contract specialists in that contract specialists are usually recruited from off island for their expertise in certain areas that are no less important. Two-year contract specialists are enticed to accept contract employment through incentives such as low-cost housing, free medical care and other benefits, such as annual and sick leave accrued according to contract agreements. The benefits that short-term contract employees provide to the American Samoa Government by virtue of their employment are no less important. However, their employment contracts contain no incentives for initiation or continuation of employment with the American Samoa Government. Yet, by and large, these are local hires who are employed to perform similar services which require, at times, that they take time off of work for personal reasons.
A review of the applicable authorities which govern annual and sick leave for contract workers reveals no statutory or regulatory prohibition of annual and sick leave for short-term and contract employees. While these same authorities cite specific formulations for two-year contract specialists and for career service employees, the absence of a formulation specific to “short-term contract employees” shall not be construed as a prohibition of such a benefit to these employees.
Section 3. Purpose
The purpose of this Executive Order to establish a fair, justified, and uniform approach in dealing with short-term and contract employees in order to assure the ready availability of said workers when needed by the American Samoa Government.
Section 4. Order and Policy
It is hereby ordered that the following policy shall be established and adopted as the official policy of the American Samoa Government in dealing with short-term and contract employees:
It shall be the policy of the American Samoa Government that short-term contract employees are allowed to accrue annual and sick leave according to formulations contained in every short-term contract. Said formulation shall be made a permanent part of the short-term/ temporary contract form, and shall be uniform for all such employees. The uniform accrual rate shall be: four (4) hours of annual leave per biweekly pay period actually worked; and four (4) hours of sick leave per biweekly period actually worked. The Director of Human Resources shall set this formulation by administrative rule, providing for periodic review every two years.
It shall further be the policy of the American Samoa Government that the term of contract for all short-term and temporary contract workers shall not exceed one (1) year. Upon the expiration of the term of contract, the short-term or contract employee shall either be moved to ‘career service’ status, or be terminated from employment, unless valid justification is presented to the Governor showing why the employment contract should be extended for an additional year. Said term shall be made a permanent part of the short-term/temporary contract form, and shall be uniform for all such employees.
Section 5. Effective Date
This Executive Order shall take effect immediately.
Dated: September 24, 2007
TOGIOLA T.A. TULAFONO
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