46
Constitution of the Independent
State of Samoa
85. Term of office - (1) A member of the Public Service
Commission shall be appointed to hold office for a term of not
more than 3 years but shall be eligible for reappointment.
(2) A member of the Public Service Commission may at any
time resign his or her office by writing under his or her hand
addressed to the Prime Minister but shall not be removed from
office except on the like grounds and in the like manner as a
Judge of the Supreme Court.
(3) The Head of State, acting on the advice of the Prime
Minister, may at any time when the Legislative Assembly is not
meeting suspend a member of the Public Service Commission
from his or her office, and such suspension, unless previously
revoked, shall continue in force until the end of the next ensuing
session and no longer.
86. Salaries - The salaries of members of the Public Service
Commission shall be determined by the Head of State, acting on
the advice of the Prime Minister.
87. Functions of the Commission - (1) The Public Service
Commission shall –
(a) be responsible for –
(i) human resource planning
(ii) human resource management policy; and
(iii) human resources monitoring and evaluation,
for the Public Service; and
(b) have such other functions as may be provided by Act.
(2) In the performance of its functions, the Public Service
Commission shall have regard to the general policy of Cabinet
relating to the Public Service, and shall give effect to any
decision of Cabinet defining that policy conveyed to the
Commission in writing by the Prime Minister.
(3) An Act of Parliament may designate as a special post any
post of head of department or any post of a corresponding grade;
and the Head of State, acting on the advice of Cabinet after
Cabinet has consulted the Public Service Commission, shall be
responsible, in respect of any post so designated, for
appointments, gradings, salaries, promotions, transfers,
retirements, terminations of appointments, dismissals and
discipline.