THE DIGITAL CODE

 

OF THE

 

STATE OF POHNPEI

 

 

 

FEDERATED STATES OF MICRONESIA

 

JANUARY 12, 2020

 

TITLES   ----  CHAPTERS

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Cite the Pohnpei Code

by

Title, Chapter and Section

thus

1 PC 1-101

 

For copies or correspondence contact:

 

Legislative Counsel Division

The Pohnpei Legislature

Pwihn En Kou Kosonned En Weipokon En Pohnpei

P.O. Box 114 Kolonia, Pohnpei FSM 96941

Tel: (691) 320-2751/2753/2754/2852

Fax: (691) 320-2752

_________________________________________________________________

 

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Introduction

 

The year 2020 edition of the Pohnpei Code is the most recent publication of the codification of the laws of Pohnpei State to date since the establishment of constitutional government. As explained in the following paragraphs, the 2020 edition of the Pohnpei Code is the third publication of the codification of public laws since the appearance of the Ponape District Code of March 1971. All of the recent publications have been authorized by the Pohnpei Codification Act of 1988, which was preceded by a number of acts that date back to the 1976. This Code is based upon the Ponape District Code of 1971, the Trust Territory Code of 1980, public laws enacted by the Ponape District Legislature and legislatures of the state of Pohnpei through January 12, 2020. This publication of the Pohnpei Code, as well as former publications of the Pohnpei Code, can be obtained upon request from the Office of Legislative Counsel of the Pohnpei Legislature, P.O. Box 114, Kolonia, Pohnpei, FM 96941, phone no. 691-20-2754.  The publications can also be accessed through the Pohnpei Legislature web site.

 

The inclusion of laws from the Code of the Trust Territory of the Pacific Islands (1980) stamps the jurisdictional authority of the state of Pohnpei firmly within the boundaries of the Constitution of the Federated States of Micronesia and the Constitution of the state of Pohnpei. The laws that derive from the Trust Territory Code have been updated so that references to governmental authorities and the titles of public officials of the executive, legislative, and judicial branches and other public entities of Pohnpei State now make sense in the context of state constitutional government.

 

The organization of the Pohnpei Code generally follows those established by other jurisdictions. However, its divisions and titles reflect the unique scope of legislation of the state of Pohnpei. It has been set out so as to ease research and reference as well as to carry out its primary purpose of codifying the public laws of Pohnpei, exclusive of appropriation laws and acts of a temporary nature.

 

The source of laws have been provided for each section of the Code, extending as far back as the Ponape District Code of 1971 and the 1966 edition of the Trust Territory Code, as well as public laws of the Ponape District Legislature from 1970. There have also been included extended legislative history notes and general notes to enhance research of original legislation. Tables have been provided so that the user may find the placement of specific sections of public laws within the Code or to confirm the omission of public laws from within the Code.

 

All public laws that are found within the Code, and the prior Ponape District Code provisions and Trust Territory Code provisions that make up the Pohnpei Code were first readopted and reenacted as positive law in the comprehensive codification statute of 2006, (S.L. No. 6L-79-06, 11/1/06). A fully updated Pohnpei Code was thereafter published in 2012 and has now been thoroughly updated through January 12, 2020 and published again. It should be noted that the Pohnpei Code is a constantly evolving legal publication as new laws are being added to the Code and existing provisions of the Code are being directly amended, substantially revised or even fully superceded or wholly repealed as the product of almost every session of the Pohnpei Legislature. To provide consistency with the scope and texture of the Code, efforts are being made at the Legislative Counsel’s Office to ensure that all future laws of the state of Pohnpei that add to, amend, supersede or repeal laws within the Code are enacted as provisions of the Code itself A program for the publication and distribution of annual updates of the Code is envisaged to keep the Pohnpei Code current with legislative changes.  Instructions will be included in the up-date packages, indicating where the updated pages should be inserted and placed in the appropriate loose leaf volumes of the 2020 edition of the Code.

 

The Pohnpei Code is the product of a team effort of the entire Legislative Counsel Division of the Pohnpei Legislature over a period of many years. Each member of the team has contributed significantly to the final production of the Code, and words of appreciation are extended for their persistence and demand for perfection throughout the years that the Code was under initial construction and is now being continuously updated.

 

These individuals include the Division lawyers and paralegal staff who researched and compiled the massive collections of district, state and territorial laws for inclusion in the Code, the code editors who were largely responsible for the structuring of the Code in its printed form and who acquired the technology necessary to produce the Code in its digital format, the proofreaders whose eyes for detail ensured the accuracy of the Code in both the text of the law and its references, and the Division secretaries who undertook the arduous task of converting statutory laws into code language.

 

A final word of appreciation goes to the Chairman and Members of the Special Subcommittee of the Standing Committee on Judiciary and Governmental Operations of the Sixth Pohnpei Legislature, who page by page reviewed the wide variety of source law leading to the composition of the initial draft Code, resolving the lingering ambiguities in form and content, and who then reported the final version of the Code to the full Committee which thereafter reported to the full Legislative Assembly for final passage of the Code into positive law in 2006.  Having deep respect for the momentous efforts of those “founding fathers” of the early Pohnpei Code, I am appreciative of the fact that the lawmakers of all of our Legislative Assemblies, ever since the Sixth Pohnpei Legislature’s enactment of the first edition of the Pohnpei Code a decade and a half ago, have endeavored to keep the codification program evolving in response to the needs of our community, signifying our ongoing efforts to continue to provide our people with ready access to the most current and complete compilation of the laws that we enact on their behalf.

 

 

Stevik Edwin

Speaker

Tenth Pohnpei Legislature

 

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TABLE OF CONTENTS

By Titles

 

 

Constitution of the State of Pohnpei

A In Pohnpeian

B In English

 

Division I Government

Title 1 General

Title 2 Legislature

Title 3 Executive

Title 4 Judiciary

Title 5 Public Auditor

Title 6 Local Government

Title 7 [Reserved]

Title 8 Administrative Law

Title 9 Public Officers and Employees

Title 10 Elections

Title 11 Public Finance and Procurement

Title 12 Taxation

Title 13 Legal Affairs

Titles 14 - 15 [Reserved]

 

Division II Human Resources

Title 16 Law and Public Safety

Title 17 Health and Welfare

Title 18 Education

Title 19 Labor

Title 20 Public Broadcasting

Title 21 Sports and Recreation

Title 22 Customs, Traditions, and Historic Preservation

Titles 23 – 25 [Reserved]

 

Division III Natural Resources

Title 26 Conservation and Resources

Title 27 Environmental Protection

Title 28 Agriculture and Livestock

Title 29 Fisheries

Title 30 Global Warming and Climate Change

 

Division IV State Infrastructure

Title 31 Housing and Construction

Title 32 Sea and Air Transportation

Title 33 Roads

Title 34 Public Utilities

Title 35 Capital Improvements

 

Division V Business and Development

Title 36 Economic Development

Title 37 Business Associations

Title 38 Professions and Occupations

Title 39 Trade Regulation

Title 40 [Reserved]

 

Division VI Property

Title 41 Real Property

Title 42 Public Lands

Title 43 Land Acquisition by Government

Titles 44 & 45 [Reserved]

Title 46 Personal Property

Titles 47 & 48 [Reserved]

Title 49 Wills and Decedents’ Estates

Title 50 [Reserved]

 

Division VII Family

Title 51 Domestic Relations

Title 52 Minors

Title 53 Domestic Issues

Titles 54 – 55 [Reserved]

 

Division VIII Judicial Proceedings and Civil Law

Title 56 Intervention, Conciliation, and Arbitration

Title 57 Judicial Proceedings

Title 58 Civil Remedies and Defenses

Title 59 Evidence

Title 60 [Reserved]

 

Division IX Criminal Matters

Title 61 Criminal Law

Title 62 Criminal Procedure

Title 63 Citations

Title 64 Corrections and Rehabilitation

Title 65 [Reserved]

 

Division X Regulated Substances, Devices, and Activities

Title 66 Regulated Substances

Title 67 [Reserved]

Title 68 Regulated Devices

Title 69 [Reserved]

Title 70 Regulated Activities

 

Division XI Motor Vehicles

Title 71 Traffic and Motor Vehicles Law

 

Tables

Table I Disposition of Laws within the Code [under construction]

Table II Public Laws omitted [under construction]

 

Index

Chapter Index by Subject [under construction]

 

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TABLE OF CONTENTS

By Chapters

 

Constitution of the State of Pohnpei

A In Pohnpeian

B In English

 

Division I Government

 

Title 1 General                                       

    1 Sources of Law and Rules of Construction

    2 Procedure to Amend Constitution

    3 – 5 [Reserved]

    6 Names, Emblems, Symbols, and Anthem

    7 Holidays

    8 Census

Title 2 Legislature

    1 General Provisions

    2 Investigative Hearings

    3 Office of Legislative Investigations

    4 Code

    5 – 8 [Reserved]

    9 Legislature Finances

Title 3 Executive

    1 General Organization

    2 Office of the Governor and Lieutenant Governor

    3 & 4 [Reserved]

    5 Economic Planning Commission

    6 Development Plan

    7 – 9 [Reserved]

    10 Governor’s Office Finances

Title 4 Judiciary

    1 Establishment and Organization of Judiciary

    2 General Powers, Authority, and Jurisdiction

    3 Pohnpei Supreme Court

    4 [Reserved]

    5 Court of Traffic and Misdemeanor Offenses [Pending]

    6 Court of Land Tenure

    7 Judicial Ethics and Rules of Conduct

    8 [Reserved]

    9 Transition

    10 Judiciary Finances

Title 5 Public Auditor

    1 Office of the Auditor

    2 Auditor’s Finances

Title 6 Local Government

    1 [Reserved – General Provisions]

    2 Planning

    3 Financing

    4 Services

    5 Local Government Licensing

    6 – 9 [Reserved]

    10 Local Government Finances

Title 7 [Reserved]

Title 8 Administrative Law

    1 Administrative Procedures Act

    2 Impeachment of State Officials

    3 Judicial Review of Administrative Actions

Title 9 Public Officers and Employees

    1 Uniform Appointments and Tenure

    2 Public Service System

    3 Compensation Restructuring

    4 Compensation

    5 Per Diem and Reimbursable Expenses

    6 Pension Plan [Pending]

    7 [Reserved]

    8 Codes of Ethics

Title 10 Elections

    1 General Provisions

    2 Election Commissioner and Board of Election

    3 Apportionment

    4 Franchise and Registration

    5 Candidates

    6 Elections

    7 Recounts and Appeals

Title 11 Public Finance and Procurement

    1 Budget

    2 Department of Treasury and Administration

    3 Lines of Credit

    4 Compact Funds

    5 Public Credit for Economic Development and the Construction and Major Repair of Public Facilities

    6 Public Contracts

    7 Investments

    8 Pohnpei Compact Infrastructure Sector Contracts

    8A Public Travel

    9 [Reserved]

    10 Public Support Finances

Title 12 Taxation

    1 General Provisions

    2 Sales Tax

    3 Use Tax [Declared Unconstitutional]

    4 Hotel and Vehicle Rental Tax

    5 [Reserved – Luxury Tax]

    6 [Reserved – Fuel Sales Tax]

    7 Business License Fees Nexus Act

Title 13 Legal Affairs

    1 Office of the Attorney General

Titles 14 – 15 [Reserved]

 

Division II Human Resources

 

Title 16 Law and Public Safety

    1 Police and Security

    2 Joint Law Enforcement

    3 Fire and Emergency Services

    4 Fish and Wildlife Division

    5 [Reserved]

    6 Identification Cards

    7 – 9 [Reserved]

    10 Law and Public Safety Finances

Title 17 Health and Welfare

    1 Department of Health Services

    2 Public Hospital Corporation [Pending]

    3 Health Services Advisory Council

    4 Health Care Plan

    5 Telemedicine Program

    6 Infectious and Contagious Diseases

    6A HIV Prevention and Care

    7 Mental Illnesses

    8 Physical and Mental Health Disabilities

    8A Newborn Hearing Screening and Intervention

    9 Refuse Collection and Sanitation

    10 Health and Welfare Finances

Title 18 Education

    1 Department of Education

    2 Special Education

    3 Truancy

    4 – 9 [Reserved]

    10 Education Finances

Title 19 Labor

    1 [Reserved]

    2 Residents Employment

    3 Wage and Hour

    4 & 5 [Reserved]

    6 Apprenticeship Program

    7 – 9 [Reserved]

    10 Labor Finances

Title 20 Public Broadcasting

    1 Public Broadcasting Corporation

Title 21 Sports and Recreation

    1 Sports Commission

22 Customs, Traditions, and Historic Preservation

    1 Historical and Cultural Preservation

    2 [Reserved]

    3 Historical Monuments

    4 Pohnpei Language Commission

    5 – 9 [Reserved]

    10 Traditional Affairs Finances

Titles 23 – 25 [Reserved]

 

Division III Natural Resources

 

Title 26 Conservation and Resources

    1 [Reserved]

    2 Endangered Species

    3 Soil and Water Conservation

    4 Forest Conservation

    5 Marine Sanctuary and Wildlife Refuge System

    6 Marine and Aquatic Resources

    7 Commercialization of Sea Cucumbers

    8 Land Resources

    9 [Reserved]

    10 Conservation and Resources Finances

Title 27 Environmental Protection

    1 Environmental Protection Agency

    2 Litter Abatement

    3 Recycling of Beverage Containers

    4 Control of Plastic Wastes

    5 Sanitary Landfills

Title 28 Agriculture and Livestock

    1 Plant and Animal Quarantine

    2 Agriculture

    3 – 5 [Reserved]

    6 Livestock

    7 – 9 [Reserved]

    10 Agriculture and Livestock Finances

Title 29 Fisheries

    1 Fishing in State Waters

    2 Bait Fishing

    3 Office of Fisheries and Aquaculture

    4 Conservation of Shark Species

Title 30 Global Warming and Climate Change

    1 General Provisions

    2 Climate Change Vulnerability Assessment

    3 The Global Warming Planning Process

    4 The Global Warming Action Plan

    5 Research on Natural Solutions

    6 Environmental Engineering

    7 Global Warming Mitigation

 

Division IV State Infrastructure

 

Title 31 Housing and Construction

    1 Housing Authority

    2 – 5 [Reserved]

    6 Building Code

    7 – 9 [Reserved]

    10 Housing and Construction Finances

Title 32 Sea and Air Transportation

    1 Port Authority

    2 Transportation Zone

    3 Airport Passenger Facility Fees

    4 Mooring of Commercial Vessels

    5 [Reserved]

    6 Water Traffic Controls

    7 Watercraft

    8 Airport Restricted Access

    9 [Reserved]

    10 Transportation Finances

Title 33 Roads

    1 Pohnpei Transportation Authority [Pending, see 33 PC 1-134]

    2 Ponape Transportation Authority

    3 – 5 [Reserved]

    6 State Roads

    7 Roadway Construction

    8 & 9 [Reserved]

    10 Road Finances

Title 34 Public Utilities

    1 Pohnpei Utilities Corporation

    2 Utilities Rates Reviews

    3 Commission on Energy

    4 Renewable Energy Feed-In Tariffs

    5– 9 [Reserved]

    10 Water and Sanitation Finances

Title 35 Capital Improvements

    1 Public Infrastructure Notification and Coordination

 

Division V Business and Development

 

Title 36 Economic Development

    1 [Reserved]

    2 [Reserved]

    3 Trade and Investment Offices

    4 Economic Development Funds

    5 [Reserved]

    6 Business Development

    7 Pacific Islands Development Bank

    8 [Reserved]

    9 [Reserved]

    10 Airline Investments

    11 Office of Economic Affairs

Title 37 Business Associations

    1 Corporations

    2 Partnerships

    3 – 6 [Reserved]

    7 Foreign Investment

Title 38 Professions and Occupations

    1 – 4 [Reserved]

    5 Notaries Public

    6 Land Surveyors

Title 39 Trade Regulation

    1 Unfair Business Practices

    2 Consumer Protection

    3 Price Control

    4 Usury

    5 Weights and Measures Act

Title 40 [Reserved]

 

Division VI Property

 

Title 41 Real Property

    1 Land Use Planning and Zoning

    2 Survey and Marking

    3 Land Measurement System

    4 Ownership, Registration, and Conveyance

    5 Development Leasehold

    6 Mortgages

    7 Deeds of Trust

Title 42 Public Lands

    1 Management and Administration

    2 Lease and Use Agreements

    3 Japanese and Trust Territory Government Leasehold and Mand Homestead Conveyance

    4 Residential Leasehold Conveyance

    4A Public Trust Lands Agricultural and Residential Leasehold Conveyance

    5 Planned Development Zone

    6 [Reserved]

    7 Public Access

    8 Marine Areas

    9 Mining and Dredging

    10 Land Use Designations

    11 Government Conveyance Act

    12 Pohnpei Public Cemeteries

Title 43 Land Acquisition by Government

    1 Land Acquisition

    2 Eminent Domain

    3 Relocation Assistance

Title 44 & 45 [Reserved]

Title 46 Personal Property

    1 General Provisions

    2 Nonjudicial Foreclosure

    3 Judicial Foreclosure

Title 47 & 48 [Reserved]

Title 49 Wills and Decedents’ Estates

    1 Intestate Succession

    2 Wills

    3 Probate of Small Estates

Title 50 [Reserved]

 

Division VII Family

 

Title 51 Domestic Relations

    1 General Provisions

    2 Marriage

    3 Annulment and Divorce

    4 Reciprocal Enforcement of Support

    5 Adoption

    6 Child Abuse

Title 52 Minors

    1 Juvenile Defined

    2 Protection of Minors

    3 Truancy Matters [Reserved]

    4 Juvenile Offenses[Reserved]

    5 [Reserved]

    6 Juvenile Offender Proceedings

    7 Liability of Parents and Guardians for Acts of Delinquent Child

Title 53 Domestic Issues

    1 Domestic Violence

Titles 54– 55 [Reserved]

 

Division VIII Judicial Proceedings and Civil Law

 

Title 56 Intervention, Conciliation, and Arbitration

  1 Conciliation Proceedings and Intervention

Title 57 Judicial Proceedings

    1 Judicial Process and Procedure

    2 – 5 [Reserved]

    6 Certifications and Appeals

    7 Judgments

    8 Enforcement of Judgments

    9 [Reserved]

    10 Fees, Expenses, and Costs

Title 58 Civil Remedies and Defenses

    1 Statute of Frauds

    2 Sovereign Immunity

    3 Limitations of Actions

    4 [Reserved]

    5 [Reserved-Judicial Foreclosures]

    6 Tort Actions

    7 [Reserved]

    8 Habeas Corpus

Title 59 Evidence

    1 [Reserved]

    2 Authentication and Content of Records

    3 Presumptions

    4 Privileges

Title 60 [Reserved]

 

Division IX Criminal Matters

 

Title 61 Criminal Law

    1 General Provisions

    2 Principles of Penal Liability

    3 [Reserved – Principles of Justification]

    4 Inchoate Crimes

    5 Offenses Against the Person

    6 Offenses Against Property Rights

    7 Offenses Against the Family

    8 Offenses Against Public Health and Morals

    8A Human Trafficking and Criminal Exploitation

    9 Offenses Against Public Order

    10 Offenses Against Public Administration

    11 & 12 [Reserved]

    13 Obscene Communications

    14 [Reserved]

    15 Fire Control

    16 Misuse of Government Property

Title 62 Criminal Procedure

    1 General Provisions

….2 Arrests, Search Warrants

    3 Rights of Defendants

    4 Preliminary Matters

    5 Bail

    6 Trial Court: Criminal Procedure

    7 Insanity

    8 Dismissal

    9 [Reserved]

    10 Criminal Extradition

Title 63 Citations

    1 Issuance of Citations

Title 64 Corrections and Rehabilitation

    1 Disposition of Convicted Defendants

    2 Work-Release Program

Title 65 [Reserved]

 

Division X Regulated Substances, Devices, and Activities

 

Title 66 Regulated Substances

    1 General Provisions

    2 Alcoholic Beverages

    3 Tobacco Products

    3A Exposure to Tobacco Smoke

    3B Electronic Smoking Devices and Substances

    4 Controlled Substances

    5 Betel Nut

Title 67 [Reserved]

Title 68 Regulated Devices

    1 Weapons Control

    2 Fireworks

Title 69 [Reserved]

Title 70 Regulated Activities

    1 Commercial Gambling: Bingo

    2 Juvenile Gambling

    3 [Reserved]

 

Division XI Motor Vehicles

 

Title 71 Traffic and Motor Vehicles Law

    1 General Provisions

    2 Motor Vehicle Registration and Licenses

    3 Motor Vehicle Equipment

    4 Inspection of Vehicles

    5 Emergency Vehicles

    6 Commercial Carriers and Vehicles

    7 Operator’s Licenses

    8 Rules of the Road

    9 Accident Reports

    10 Traffic Offenses Procedure

    11 [Reserved]

    12 Serious Traffic Offenses

 

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CONSTITUTION OF THE STATE OF POHNPEI

 

 

POAHSOAN EN KOSONNED EN WEIPOKON EN POHNPEI

 

 

(In Pohnpeian)

 

 

Kahlohkpen Poahsoan en Kosonned wet

Ire Laud 1  Weipokon en Pohnpei oh ah Manaman

Ire Laud 2  Manamanlap

Ire Laud 3  Towe Mehlel oh Pweldak

Ire Laud 4  Kalohkpen Pwuhng Kan

Ire Laud 5  Tiahk

Ire Laud 6  Pwuhng en Usuhs oh Usuhs

Ire Laud 7  Pwukoahn Government en Weipokon en Pohnpei

Ire Laud 8  Palien Kou Kosonned

Ire Laud 9  Palien Kakaehlaka Kosonned

Ire Laud 10  Palien Kopwung

Ire Laud 11  Taksis oh Mohni en Weipokon

Ire Laud 12  Sahpw

Ire Laud 13  Ire Oralap Kan

Ire Laud 14  Government en Wehi kan oh Town

Ire Laud 15  Wiepen Wekdekla Ong Poahsoan en Kosonned wet

 

 

Kahlohkpen Poahsoan en Kosonned wet

 

KITAIL, ARAMAS AKAN EN WEIPOKON EN POHNPEI, me Kauno Koht wasalapalapie, ketkiongehr manamanlap en kakaun oh apwahpwalih sehd, nan wehwe oh sahpw pwukat, sang ni kalahngan wet kitail kauadahr Poahsoan en Kosonned wet.

 

Ni atail doadoahngki manamanlap en pein kakaun oh apwahpwalih pein kitail, kitail ahngehr ni sohpeikasal pwukoahn sinsile sapwelimatail aramas akan oh deke kan, sang met kohla oh pil rahn me pahn kohdo kan; en sinsile oh kolokol pwuhng manaman koaros en kitail aramas akan; en sinsile oh kolokol atail sohso oh wiwia kodoudoudoh kan en ehu ehu deke kan; oh en doandoare oh kairada meleilei oh mour mwahu en aramas koaros en Weipokon en Pohnpei.

 

Kitail kamehlele me atail kehl poahsoandahsang ni ehupenehn emen emen kitail sang kawahu, oh atail patkipene oh ehukipene lepin sed ehu, oh ni saledek en kasalehda atail men momourpene oh doadoahkpene ni meleilei oh popohl ong ni kamwaupen kitail aramas akan en wehi wet oh pil ong aramas koaros en sampah.

 

Ni atail kauada Poahsoan en Kosonned wet, kitail kalohkihda oh pwurehng kamehlelehda manaman unsek en Weipokon en Pohnpei.

 

 

Ire Laud 1

Weipokon en Pohnpei oh ah manaman

 

Iretikitik 1.  Wasah kan me Weipokon en Pohnpei kipe. Weipokon en Pohnpei kipe deke kan oh paina kan en Weipokon en Pohnpei, iangahki nan sed ni mwail (nautical) riepwiki koieila sang ni kilel konehng kan, kepin sed, pwelin pahn kepin sed, pilen nan madau, nahri oh ohio kan oh deke oh sehd teikan me wia kisehn ehu ehu deke kan en Weipokon en Pohnpei sang ni pwung en poadoapoad, tiahk de kosonned.

 

Iretikitik 2.  Manaman en Weipokon en Pohnpei. Ihte ma e irairdi sang pwukoah kan me Weipokon en Pohnpei ahneki de sang ni pein ah koasoandi, pilen madau oh sehd me kadokepene deke kan oh paina kan en Weipokon en Pohnpei wia lepin sed en Weipokon en Pohnpei, sohte lipilipil ia ue, oh manaman en Weipokon en Pohnpei kipe Weipokon en Pohnpei unsek iangahki kepin sehd, pwelin pahn kepin sed, pilen nan madau, nahri oh ohio oh nahnwehweh pohn sahpw akan oh sehd akan.

 

Iretikitik 3.  Wasa kapw. Wasa kapw ehu kak kapatapat ohng Weipokon en Pohnpei nin duen kosonned, me pil kak koasoanehdi en wia ehu government ma eh konehng. Soangen kosonned wet pahn pil koasoanehdi me kapatapat wet pahn anahne kamanaman sang aramas en usuhs en Weipokon en Pohnpei nan repen kupwur ehu ni eh pahn alehdi pali moron en usuhs kan de uen usuhs ehu me mi pohnengin pali moron me pil pahn koasoandi nan kosonned me kokouwong patapat wet.

 

 

Ire Laud 2

Manamanlap

 

Poahsoan en Kosonned wet ih kosonned me keieu ile oh manaman nan Weipokon en Pohnpei. Ire ieu nan mwekid ehu en Government me uhwong Poahsoan en Kosonned wet sohte manaman.

 

 

Ire Laud 3

Towe Mehlel oh Pweldak

 

Iretikitik 1.  Towe Mehlel oh Pweldak ni Poahsoan en Kosonned wet eh manamanla.

(1) Aramas emen me ni eh ipwidi, emen rehn eh pahpa de nohno wia towe mhelel oh pweldak en Weipokon en Pohnpei, iei me wia towe mehlel oh pweldak en Weipokon en Pohnpei, ma e wiahki ah wasahn kousoan mehlel nan Weipokon en Pohnpei.

(2) Aramas emen me wia towe mehlel de pweldak en ehu ehu wehi kan oh town nan Weipokon en Pohnpei mwohnte rahn me Poahsoan en Kosonned wet tepda manaman [Nopempe 8, 1984], wia towe mehlel de pweldak en Weipokon en Pohnpei, ma e wiahki ah wasahn kousoan mehlel nan Weipokon en Pohnpei.

 

Iretikitik 2.  Towe Mehlel ni rahn me Poahsoan en Kosonned wet Manamanla. Aramas emen me wia towe manaman (naturalized citizen) en Weipokon en Pohnpei ni rahn me Poahsoan en Kosonned wet manamanla [Nopempe 8, 1984] wia towe mehlel en Weipokon en Pohnpei ma e wiahki ah wasahn kousoan mehlel nan Weipokon en Pohnpei.

 

Iretikitik 3.  Wiepen Wiahla Towe Manaman. Pwihn en Kou Kosonned pahn koasoanehdi sang ni kosonned, wiepen wiahla towe manaman oh sohla wia towe mehlel oh towe manaman.

 

Iretikitik 4.  Towe Mehlel en Wasa Kapw. Towe mehlel en wasa kapw ehu me kapatapatohng Weipokon en Pohnpei pahn wiahla towe mehlel en Weipokon en Pohnpei nin duen me koasoandi sang kosonned.

 

 

Ire Laud 4

Kalohkpen Pwuhng Kan

 

Iretikitik 1.  Lokaia oh Inting. Sohte mwekid ehu en government kak kasohwe de lidere pwuhng en aramas en lokaia, inting, oh en kasalehda ire sohte lipilipil ieu ni saledek, oh pwuhng en ale de pil rong audepen ireh kan koaros. Aramas emen kak en pwukoahki koasoai me sohte mehlel, me sohte ah pwungohng en wia, oh kauehla aramas de ede oh soangen koasoai me elehda irair keper oh dehde me pahn uhwong kosonned de karehda apwal laud ong Weipokon.

 

Iretikitik 2.  Saledek en Kapokon oh Kasalehda Insen. Pwuhng me aramas aheni pwe en kapokon ni onepek, en wiahla pwihn, en pehsehkipene arail anahn akan, oh en kasaleiong government insenarail kan, sohte pahn irairdi.

 

Iretikitik 3.  Pwuhng Pahrek. Sohte kosonned de mwekid ehu en government kak tiesemwehla de kerempwahla pwuhng pahrek en aramas kan, pwehki arail wia ohl de lih, arail wia kadaudok en wasahkis de menia soangen aramas, wehi me re tepsangie, ahr palien lamalam, ahr lokaia de ma re lapalap de tikitik. Sohte aramas kak irairdihsang perehreh pahrek en kosonned.

 

Iretikitik 4.  Wiepe Pwung en Kosonned. En aramas eh mour, saledek de dipwisou sohte kak pehdsang likin wiepe pwung en kosonned. En aramas eh dipwisou sohte kak kohsang, ihte ong ni anahn en weipokon oh ni isais pwung oh konehng.

 

Iretikitik 5.  Pwuhng kan en Inou. Sohte kosonned kak liderehda pwukoahn nan inou me momour ihte ma kosonnedo pahn doare anahn kesempwal en weipokon.

 

Iretikitik 6.  Selidi Pwehki Pweipwand. Sohte aramas kak en selidi sangete ni kahrepe me e sohte kapwaiada ah pwukoahn pwainla ah pweipwand.

 

Iretikitik 7.  Kosonned me Mene Pwurala Mwuri oh Kalokolok Likin Koasoandi en Mwoalen Kopwung. Sohte aramas emen pahn dipaneki eh wia mwekid ehu me kosonned sohte wiahki me dihp ehu ni ahnsou me e wiawi. Kalaudlahn kalokepen dihp ehu sohte kak en doadoahk ong dihp kan me wiawi mwohn kalaudlao. Sohte aramas emen kak kedierekda me e dipaniki dihp ehu de ale kalokepen dihp likin koasoandi en Mwoalen Kopwung ehu me kosonned koasoanehdi.

 

Iretikitik 8.  Ropirop oh Pehdda.

(1) Pwuhng me aramas ahneki me silehdi paliwararail, imwarail, neirail doaropwe kan, oh arail dipwisou kan sang mwekid soh konehng en roprop oh pehdda, likin wiepe pwuhng oh konehng sohte pahn ohla.

(2) Sohte kisin likou en mweidada ropirop, de alahldahn mehn kadehdeh, kak wiawi, ihte ma mie kahrepe mwahu me kadehdehpe wiawi pahn menen kaula, oh kisin likouo kawehwehda ni dehde wasa me ropirop pahn wiawihe, oh aramas de dipwisou me pahn alahlda.

 

Iretikitik 9.  Pwuhng me Mehn Pahn Kadip Ahneki.

(1) Nan mwekid en kadipadip koaros, mehn pahn kadip sohte pahn dipaniki dihp ehu lau e dehdehda ni mehlel oh sohpeikasal me e dipada.

(2) Mehn pahn kadip pahn mwadang ese mour oh kahrepen kadip; e pahn aneki pwuhng en ale soun sawas; e pahn ahneki pwuhng en kopwung ni ahnsou mwadang mwohn weipokon, oh kopwung sou poupoar; e pahn ahneki pwuhng en pein kilang oh rong soun kadehdeh kan me uhwong oh en kapeidak irail ni unsek, e pahn ahneki pwung en pekihda kisin likou en pehkiek ong ah mehn kadehdeh oh soun kadehde kan; oh e sohte pahn idihdiong en kadehdeh pein ih.

(3) Sohte aramas emen pahn kak mihla pahn kopwung en dihp tohtohsang pak ehu ong dihp te ieu.

(4) Pweinen kasaladekiala mehn pahn kadip me uwe nohn laud de koasoandien kalokolok ni pweipwei me nohn laud sohte kak koasoandi.

(5) Kalokolok koasukuloal de me sohte konehng sohte kak wiawi.

 

Iretikitik 10.  Pwuhng en Kasaladakala me Selidi ni Wiepe Sapwung. Pwuhng en kasaladakala aramas me selidi ni wiepe sohte pwung sohte pahn kopwoupwoula, likin wiepe me koasoandi sang kosonned ni ahnsou me doarepen wiepokon udahn anahn, ni ahsnoun pingiping en wehi de moromor nan pwungen government oh aramas de keper karuaru en mahwin sang liki.

 

Iretikitik 11.  Kalokolok en Kamakamala. Kamakamala sohte pahn wia kalokepen dihp.

 

Iretikitik 12.  Kalidu oh Koadoadoahk ni Idihd. Kalidu sohte mweimwei. Koadoadoahkih aramas ni idihd sohte mweimwei, ihte ma e wia kalokepen dihp mwurin aramas emen eh dipadahr nin duwen koasoandi en kosonned.

 

Iretikitik 13.  Saledek en Seiloak oh Kousoan. Likin ire kan me kekeuda pwehn apwalih oh kolokol roson mwahu, meleilei oh onepek en weipokon, towe mehlel en Weipokon en Pohnpei ahneki pwuhng oh saledek en seiloakseli oh kousoanla wasa sohte lipilipil nan Weipokon en Pohnpei.

 

Iretikitik 14.  Mwekid en Sounpei.

(1) Ni ansoun mweimwau, sohte sounpei kak kousoan nan ihmw ieu ni ah sohte ale mweimwei sang aramas me imwanikio oh tohn ihmwo, de ni ahnsou en mahwin, ihte nin duwen me koasoandi sang kosonned.

(2) Pweipwei pwung udahn pahn koasoandiong ni doadoahngki, alehda, de kauehla dipwisou me en aramas, oh ong ni olahn aramas oh mehla me kohsang ni mwekid en sounpei. Soangen pweipwei wet pahn wia pwukoahn pwihn en sounpei me karehda ohla pwukat.

 

 

Ire Laud 5

Tiahk

 

Iretikitik 1.  Perehrehn Tiahk. Poahsoan en Kosonned wet wauneki, lirohrohki oh kolokol tiahk oh wihwia kodoudoudoh kan en ehu ehu wehi kan en Weipokon en Pohnpei.

 

Iretikitik 2.  Perehrehn Tiahk oh Wihwia Kodoudoudo kan. Government en Weipokon en Pohnpei pahn wauneki oh perepereh tiahk oh wihwia kodoudoudoh kan en Weipokon en Pohnpei. Kosonned kan kak kokouda pwehn doare tiahk oh wihwia kodoudoudoh kan. Ma mie me uhwongada ehu kosonned pwukat pwehki dene eh uhwong ireh ieu me pid pwuhng en aramas me koasoandier nan Poahsoan en Kosonned wet, kosonnedo pahn wie manamante, ni kadehdeh mehlel eh kasalehda me iei tiahk oh wihwia kodoudoudowo me sansal oh kin wihwiawi, oh wiepen perehrehu konehng, nin duwen Mwoalen Kopwung Ileihle enWeipokon en Pohnpei eh pahn teneki oh koasoanehdi.

 

Iretikitik 3.  Pwukoahn Peneinei.

(1) Pwehn kakehlaka oh kolokol onepek mwhau oh wahu penehn nan peneinei kan en Weipokon en Pohnpei, nin duwen ahnepetail, Poahsoan en Kosonned wet pohnese oh wauneki manaman oh pwukoah me sahm akan oh ihn akan ahneki ong neirail serihkan.

(2) Poahsoan en Kosonned wet pil pohnese koasoandi pwung kan me serihkan ahneki pwehn kakair irailda ni onepek mwahu oh wahu, nin duwen ahnepetail.

 

 

Ire Laud 6

Pwuhng en Usuhs oh Usuhs

 

Iretikitik 1.  Pwuhng en Usuhs. Towe mehlel en Weipokon en Pohnpei me ni ahnsou en usuhso lelehr sounpar eisek-waluh oh saikinte dipkihda dihp toutou ehu me kareiong eh mihmi pahn kalokepen dihp ni selidi en liki, de selidien ahsnou, de pahn kalokolok en dihp toutou, pahn kak iang usuhs. Koasoandi teikan ong kak en aramas emen en iang usuhs kak koasoandi sang kosonned.

 

Iretikitik 2.  Pwung en Iang Usuhs oh Alehdi Ohpis. Sohte tenekpen uwen paien aramas, taksis de soangen isais ehu kak kokouwong pohn pwuhng en usush de towehda ohpis.

 

Iretikitik 3.  Wiepen Usuhs. Pwihn en Kou Kosonned pahn, sang ni kosonned, koasoanehdi wiepen kileledien tohn usuhs oh wiepen usush kan. Usuhs pahn kin wiawi ni rir.

 

Iretikitik 4.  Ahnsoun Usuhs.

(1) Usuhs lap kan en Kepina, Keriau en Kepina, oh tohn Pwihn en Kou Kosonned pahn kin wiawi ni ahnsouteieu ni pahr paieu koaros ni keriau en ni are en Sounpwung November.

(2) Usuhs tohrohr kan pahn kin wiawi nin duen me pahn koasoandi sang kosonned.

(3) Kamehlel en usuhs ma e pahn mie sang ni koasoandi en kosonned, pahn wiawi rahn rieisek waluh sang rahn en usuhs me elehda anahn en usuhs sapahlo.

(4) Ma ahnsou apwal karuaru ieu, me kalohkda sang Kepina, nin duen ineng en Poahsoan en Kosonned wet, irehdi usuhs ehu en wiawi ni ahnsou me e koasoandiongo, usuhso udahn pahn wiawi sohte pwandasang rahn silisek mwurin ahsnou apwal karuaruo eh imwisekla. Ihte ma e koasoandi sang kosonned, mwurin kopwoupwoulahn usuhso pwehki kalohkdahn ahnsou apwal karuaruo, rahn en usuhs kapwo pahn kin kalohkda sang Kepina.

 

Iretikitik 5.  Pekpek me Tepsang Aramas oh Repen Kupwur. Pwihn en Kou Kosonned pahn, sang ni kosonned, koasoanehdi wiepen kokoudahn kosonned me tepsang aramas (initiative petition) me pahn anahne sain en sohte laudsang per cent silisek limau en irail soun usuhs kan me kilikilel nan pwuken usuhs oh repen kupwur (referendum) me pahn pil anahne sohte laudsang per cent silisek en irail me usuhs pwehn kamana kamwomwada ieu.

 

 

Ire Laud 7

Pwukoahn Government en Weipokon en Pohnpei

 

Iretikitik 1.  Pwarer en Pai oh Mour en Sahpw. Government en Weipokon en Pohnpei pahn koasoanehdi oh ni loaloapwoat doadoahki pilahn kan me pahn oarepene ire koaros ong ni wiepen kasohtik wahn pwarer en kapai kan oh poadoarepen mour oh mwakelekel en sahpw.

 

Iretikitik 2.  Keirda. Government en Weipokon en Pohnpei pahn kairada pai en wehi oh kauada oh ni loaloapwoat doadoahki pilahn ehu ong keirdahn Weipokon en Pohnpei.

 

Iretikitik 3.  Sukuhl.

(1) Government en Weipokon en Pohnpei pahn kihda sawas en sukuhl ong weipokon. Koasoandien serihmen en iang sukuhl pahn lel pwihn ieu me kosonned pahn koasoanehdi oh koasoandi wet pahn pil ale kahkehlepe sang kosonned. Sukuhl en weipokon ong towe mehlel kan en Weipokon en Pohnpei kohda lel pwihn ieu me kosonned pahn koasoanehdi sohte pahn pueipuei. Soangen isais ieu pahn kak kokouwong sukuhl en weipokon oh pahn mihmi ni uen kak en pwain.

(2) Government en Weipokon en Pohnpei pahn koasoanehdi koasoandi en kaweid kan ong sukuhl. Sukuhl koaros en weipokon oh me kaidehn en weipokon pahn idawehn sohte tikitiksang koasoandi keiu pah en kasukuhl me pahn kin kokouda sang Government en Weipokon en Pohnpei.

(3) Government en Weipokon en Pohnpei pahn kauada oh ni loaloapwoat doadoahki pilahn kan me pahn oarepene soahng koaros ong ni kamwahula oh kalaudlahn audepen kasukuhl kan.

(4) Government en Weipokon en Pohnpei pahn kauada oh apwahpwalih wasahn pwuhk, wasahn kasale dipwisou me podepe mie, oh wasahn nekidala doaropwe kesempwal kan.

 

Iretikitik 4.  Roson Mwahu.

(1) Government en Weipokon en Pohnpei pahn kihda sawas akan en roson mwahu ong weipokon.

(2) Government en Weipokon en Pohnpei pahn kauada oh ni loaloapwoat doadoahki pilahn kan ong ni kamwakamwaulahn sawas akan en roson mwahu.

(3) Government en Weipokon en Pohnpei pahn koasoanehdi wiepen kaweihd sawas akan en roson mwahu.

 

Iretikitik 5.  Poadoapaod oh Mour. Government en Weipokon en Pohnpei pahn kauada oh ni loaloapwoat doadoahki pilahn ehu me pahn oarepene ire koaros ong ni idihddahn, epwelpen, oh wiepen kolokol ire kesempwal kan en poadoapoad oh mour.

 

Iretikitik 6.  Doarepen Weipokon.

(1) Government en Weipokon en Pohnpei pahn kauada oh ni doadoahki pilahn kan me pahn oarepene ire koaros ong ni kamwahula kan ong epwelpen aramas oh dipwisou.

(2) E pahn mie pwihn ehu nan Government en Weipokon en Pohnpei me pahn pwukoahki kolokol meleilei oh onepek ni ahnsoun moromor oh pil kahpwal laud sang mwekid en sahpw, sehd de lahng.

 

Iretikitik 7.  Kesepwillahn Manaman. Government en Weipokon en Pohnpei kak kapwukoahki government en Wehi kan oh Town manaman en wia sawas akan me sansalehr nan Ire Laud wet, eri ahpw Government en Weipokon en Pohnpei kolokolete pwukoahn kaweid oh epwel me konehng.

 

Iretikitik 8.  Kairada Koiek en Tohn Doadoahk. Government en Weipokon en Pohnpei pahn pwukoahki kamwakid doadoahk en tehkada oh kairada koiek en tohn doadoahk kan, nin duen me pahn koasoandi sang kosonned.

 

 

Ire Laud 8

Palien Kou Kosonned

 

Iretikitik 1.  Manaman en Palien Kauada Kosonned. Manaman en kauada kosonned me aramas akan en Weipokon en Pohnpei ahneki mihmi rehn Pwihn en Kou Kosonned en Weipokon en Pohnpei nin duen eh koasoandi nan Poahsoan en kosonned wet. Manaman wet kipe soangen ire koaros me kosonned kak kokouwong me sohte uhwong Poahsoan en Kosonned wet.

 

Iretikitik 2.  Lopidien Usuhs. Ehu ehu Wehi kan oh Town pahn wadiki ehu lopidien usuhs ong Pwihn en Kou Kosonned. Tohtohn tohn Pwihn en Kou Kosonned pahn koasoandi sang kosonned ni ahnsoun koasoansapahl en tohtohn weliepe me pahn wiawi nan irair en pahr eisek koaros oh kak wiawi mwurin ehu wad tohtohn aramas me manaman. Koasoansapahl en tohtohn weliepe kan pahn poahsoansang ni towe mehlel en ehu ehu Wehi kan oh Town. Ehu ehu Wehi kan oh Town udahn pahn ahneki sohte malaulausang weliepehmen.

 

Iretikitik 3.  Ahnsoun Doadoahk. Likin towe kan me pilipilda pwehn audehda sehr tehnda kan, ahnsoun doadoahk en towe kan pahn tepda ni ehd keriau en sounpwong January mwurin arail usuhsda.

 

Iretikitik 4.  Kak en Aramas. Sohte aramas emen kak wia tohn Pwihn en Kou Kosonned, ihte ma e mahkier sounpar rieisek limau ni ahnsou me ah dien ahnsoun doadoahk tepda; e wiahkier towe mehlel en Weipokon en Pohnpei sohte mwotomwotasang sounpar rieisek limau ni ahnsou me ah dien ahnsoun doadoahk tepda, oh e wiahier towe mehlel en lopidi me e weliano sohte mwotomwotasang sounpar silu. Aramas emen me dipikidahr dihp toutou ehu, sohte kak wia towe men en Pwihn en Kou Kosonned, ihte ma e aledier mahk me kaopwurehiong ah pwuhng kan sohte mwotomwotsang rahn weneisek mwohn ah usuhsda. Pwihn en Kou Kosonned kelepw me ahneki manaman en teneki kak en towe men.

 

Iretikitik 5.  Peiaidahn Pwukoah kan. Sohte tohn Pwihn en Kou Kosonned men kak ale pwukoah tohrohr ehu en weipokon, doadoahkohng, de ale ehu pweipwei de soangen pweipwei sohte lipilipil sang government seulipilipil de pali en doadoahk kan me wia kisehn government de pwihn seulipilipil ieu me inoanden arail elen mwohni kan kohsang mwohni en weipokon. Tohn Pwihn en Kou Kosonned kak iang towehda pwihn en kou poahsoan en kosonned ehu.

 

Iretikitik 6.  Alahldahn Ohpis Kapw. Nan irair en ahnsou me e usuhsdahng de idihddahng, sohte tohn Pwihn en Kou Kosonned kak en usuhsdahng de idihddahng nan ehu pwukoahn Government en Weipokon en Pohnpei, de pwukoah nan ehu ehu government en Wehi kan oh Town de ong ehu pwukoah doadoahk me kokouda de pweinen doadoahkwo kokouda de kalaudla sang ni kosonned, ahnsou seulipilipil ieu nan irair en ah dien ahsnoun doadoahk me e usuhsdahng loale. Ong ni alahldahn ehu pwukoah doadoahk nan Government en Weipokon en Pohnpei, irairdi wet sohte pahn doadoahk ma kalaudlahn pweipweio doke tohn doadoahk koaros en rahn government me pwukoah doadoahko mi loale, oh ma kalaudlahko pahn pahrek de pohnapeiteieu ong pwukoah doadoahk koaros en rahn governmentwo. Irairdi wet sohte pid emen eh pahn towehda wie kupwur en Kou Poahsoan de pil alahldahn doadoahk ehu me pweine kalaudla, ma tohn Pwihn en Kou Kosonned men sohte alehdi kalaudlahn pweipweio.

 

Iretikitik 7.  Saledek Sang Pahn Kakos en Kosonned. Tohn Pwihn en Kou Kosonned ni irair koaros, ihte ma re mihla pahn pakaraun en dihp toutou de kaue onepek, sohte pahn kak en irairdihsang ahr saledek ni ahnsou en tiepene kan oh ni ahnsou me re kohkohlahng oh pwurupwura sang tiepen kan de koamidi mihting kan en Pwihn en Kou Kosonned. Tohn Pwihn en Kou Kosonned men pahn pwukoahki en sapengohngete Pwihn en Kou Kosonned ah iren kasalada kan me e wia nan mihting kan en Pwihn en Kou Kosonned de koamidi ieu.

 

Iretikitik 8.  Mwekid en Wie Kupwur kan. Pwihn en Kou Kosonned pahn nekid oh intingiada audepen ah tiepeneh kan. Wie kupwur koaros en Pwihn en Kou Kosonned oh a koamidi kan pahn langadahng weipokon ihte ma, Pwihn en Kou Kosonned de koamidi tenekihda sang ni usuhs “ei” en towe kan koaros me sang ni anahnepen weipokon wie kupwuro konehng en ritidihsang weipokon. Sohte usuhs ehu en Pwihn en Kou Kosonned pahn wiawi ni rir ihte usuhs en ah ohpiser kan oh kamanamanlahn ohpiser teikan me idihdda sang kepina.

 

Iretikitik 9.  Ropirop oh Karongorong. Nin duwen eh wia kisehn ah pwukoah kan, Pwihn en Kou Kosonned oh ah koamidi kan me aledier manaman kak wia ropirop kan, wia karongorong kan ong weipokon, eker ni menen pehkier soun kadehdeh kan oh kisin likou kesempwal kan, oh kihda kauhla. Koasoandi oh wiepen kahkehlaka manaman en kaloke me kasohwe Pwihn en Kou Kosonned oh eh manaman kan pahn kin koasoandi nan wiepen kaweid doadoahk en Pwihn en Kou Kosonned.

 

Iretikitik 10.  Tiepene Kan.

(1) Pwihn en Kou Kosonned pahn kin tiepene nan wie kupwur ni ehd keriau en sounpwong January en pahr koaros, de mwadangete mwurinmwo ni ahnsou konehng, ong erein ahnsou ehu oh ni soangen ahnsou kan, nin duen eh pahn kak en koasoandi sang kosonned.

(2) Wie kupwur tohrohr en Pwihn en Kou Kosonned pahn kak wiawi sang ni koasoandi en ohpiser me kakaun Pwihn en Kou Kosonned, ni pekpek en silikis ehu en towe kan koaros ni soh pohnese sehr tehnda kan, de pil sang Kepina. Ni ahnsou me Pwihn en Kou Kosonned pahn tiepene nan wie kupwur sang ni koasoandi en Kepina, Pwihn en Kou Kosonned pahn tehkete ireh kan me Kepina likwerihki tiepene wet.

 

Iretikitik 11.  Quorum. Pakis siluh en tohn Pwihn en Kou Kosonned pahn wadiki quorum. Nempe ieu me malaulausang quorum kak kairala mihting en rahn akan, oh kak iding pwarodohn toweh kan ni soangen mwohm oh koasoandi en kalokolok kan me Pwihn en Kou Kosonned pahn kak koasoanehdi, iangahki katoktokdi en kodahn pweinarail, oh isais teikan ni lepin ahnsou.

 

Iretikitik 12.  Kamwomwadahn Kosonned kan oh Pekpek kan.

(1) Sohte kosonned kak en kokouda ihte ma e mi ni mwomwen kamwomwadahn kosonned. Ehu ehu kamwomwadahn kosonned pahn pid irete ieu me pahn sansal ni moange. Ire ieu likin dahme sansal ni moangeu sohte manaman.

(2) Iretikitik ieu en kosonned ehu me pahn wekdekla udahn pahn sansal ni unsek nan kamwomwadahn kosonned me pahn wekidala oh ni unsek pwurehng kokouda sapahl.

(3) Moangen kamwomwadahn kosonned kan pahn kin intingda nin duen met. “E KEKEUDAHR SANG PWIHN EN KOU KOSONNED EN WEIPOKON EN POHNPEI:”.

(4) Pwehn wiahla kosonned, kamwomwadahn kosonned ehu pahn kamanamanla ni wadawad riau ni rahn riau me pahn tohrohrpeseng. Kamanaman ni keieun wadawad kak wiawi ni rahn me e kapidolong. Kamanaman ni keriau en wadawad pahn anahne usuhs “ei”, ni likwor, en pali moron en towe kan koaros en Pwihn en Kou Kosonned ni soh pohnese sehr tehnda kan.

(5) Pekpek ehu en Pwihn en Kou Kosonned ni eh pahn tepin kapidolong pahn adaneki kamwomwadahn pekpek (Resolution), oh kak alahlda ni eh pahn kamanaman ni wadawad teieu me kak pil wiawi ni rahn en kapidolongo. Kamanamanlahn pekpek ehu pahn anahne usuhs “ei” en pali moron en towe kan koaros en Pwihn en Kou Kosonned ni soh pohnese sehr tehnda kan.

 

Iretikitik 13.  Koasoandi ong Kamanamanlahn Kamwomwadahn Kosonned akan sang Kepina.

(1) Kamwomwadahn kosonned koaros me kamanaman ehr sang Pwihn en Kou Kosonned pahn ale kadehdepen kamanamano sang rehn ohpiser me kaun oh clerk en Pwihn en Kou Kosonned oh pekederiong Kepina.

(2) Kepina pahn aheni rahn eisek, tepda wadawad sang rahn me e alehdi kamwomwadahn kosonnedo pwehn tehk, ma Pwihn en Kou Kosonned koamoaldi nan erein ahsnou ehu me sohte mwotomwotsang rahn eisek, de kairala ah wie kupwur ni ahnsou seulipilipil ehu mwohn rahn eisek me Kepina ahneki, eh pahn imwsekla. Ahnsou teikan koaros e pahn ahneki rahn silisek pwehn teneki kamwomwadahn kosonnedo.

(3) Ma Kepina pahn kamana kamwomwadahn kosonnedo e pahn sainih kamwomwadahn kosonnedo oh kamwomwadahn kosonnedo wiahla kosonned.

(4) Ma Kepina sohte kamana kamwomwadahn kosonned ehu, e pahn kapwurelahng ohpiser me kaun Pwihn en Kou Kosonned kamwomwadahn kosonnedo iangahki kahrepe kan me karehda e sohte kamana kamwomwadao. Kepina kak en sohte kamana ire ieu de ireh kei nan kamwomwadahn kosonned me pid mwohni ni eh pahn kak kihsang de katikala ire ieu de ireko, ahpw ong ni kamwomwadahn kosonned teikan e pahn kamana de sohte kamana kamwomwadahn kosonedo ni unsek.

(5) Kamwomwadahn kosonned ehu me sohte sainla de sohte kopwur pwurlahng Pwihn en Kou Kosonned nan irair en ahnsou me koasoandier pahn wiahla kosonned duwehtehte kosonned akan me Kepina sainiala.

 

Iretikitik 14.  Kemwekid ong Kamwomwadahn Kosonned kan me Kepina sohte Kamana.

(1) Mwurin Pwihn en Kou Kosonned e aledier pakairpen sou kamanaman, kamwomwadahn kosonnedo, irehwo de irehko pahn wiahla kosonned ni eh pahn kamanamanla ni wadawad tehieu oh alehdi usuhs “ei” en silikis riau en towe kan koaros en Pwihn en Kou Kosonned ni soh pohnese sehr tehnda kan.

(2) Ma Pwihn en Kou Kosonned alehdi pakairpen so kamanamano nan irair en rahn eisek ni keimseklahn eh wie kupwur de mwurin eh kairalahr ah wie kupwur, Pwihn en Kou Kosonned kak tehksapahlih kamwomwadahn kosonnedo, ire de ireh ko, me sohte kamanaman, nan ehu wie kupwur me pahn wiawi mwrurinte mwo, mehndahte ma ire wet sohte iang papahngehng nan ireh kan me karehda wie kupwur wet.

 

Iretikitik 15.  Kamanamanlahn Idihdda Kan. Kamanamanlahn idihddah kan, sang Kepina, en ohpiser koaros en Government en Weipokon en Pohnpei, pahn anahne usuhs “ei” en pali moron en towe koaros en Pwihn en Kou Kosonned ni soh pohnese sehr tehnda kan.

 

Iretikitik 16.  Tohtohn Towe kan. Lau lel ahnsoun koasoansapahl en tohtohn weliepen ehu ehu lupidien usuhs eh pahn wiawi, weliepe koaros ong nan Pwihn en Kou Kosonned pahn usuhsda sang nan wehi kan oh Town nin duen met: Kapingamarangi, emen; Mwokil, emen; Ngetik, emen; Nukuoro, emen; Pingelap, emen; Net, riemen, Kolonia Town, riemen; Uh, riemen; Kitti, pahmen, Madolenihmw, pahmen; oh Sokehs, pahmen. Keieuhn koasoansapahl en tohtohn weliepeh kan pahn wiawi nan irair en sounpar eisek sang ni Poahsoan en Kosonned wet eh manamanla [kamanamanla Nopempe 8, 1984] oh pahn kin doadoahk ohng usuhs lap akan me pahn wiawi mwurin ahnsouo.

 

 

Ire Laud 9

Palien Kakaehlaka Kosonned

 

Iretikitik 1.  Kepina – Manaman en Palien Kakehlaka Kosonned. Manaman en apwahpwalih kemwekid kan nan Palien Kakehlaka Kosonned en Government en Weipokon en Pohnpei mihmi rehn Kepina, me pahn kin usuhsda sang soun usuhs kan me wia towe mehlel en Weipokon en Pohnpei me kilikilel nan pwuken usuhs.

 

Iretikitik 2.  Keriau en Kepina. E pahn mie Keriau en Kepina. Keriau en Kepina pahn kin wia doadoahk kan me Kepina koasoaneiong oh doadoahk teikan me pahn koasoandi sang kosonned.

 

Iretikitik 3.  Kak en Aramas en wia Kepina oh Keriau en Kepina.

(1) Sohte aramas men kak en wiahla Kepina de Keriau en Kepina ihte ma e ipwidihte wia towe mehlel en Weipokon en Pohnpei, e mahkier sounpar silihsek-limau oh e saikinte dipekihda dihp toutou ehu.

(2) Sohte aramas emen kak en wiahki Kepina men daulih dien ahnsoun doadoahk riau ireklahte, ihte ma aramas emen me wiahki Kepina mwotomwotasang sounpar riau nan dien ahnsoun doadoahk ieu me aramas tohrohr men usuhsdahng loale, kak wiahki Kepina dien ahsnoun doadoahk riau ireklahte mwurinte mwo.

 

Iretikitik 4.  Usuhs. Kalangadahn eden kandideihd ong ohpis en Kepina de ohpis en Keriau en Kepina pahn mi nan kisin likou en pekpek me alehdi sain en soun usuhs manaman kan ni duen me koasoandi sang kosonned. Ma sohte kandideihd alehdi pali moron en usuhs en Kepina, usuhs sapahl pahn wiawi nan pwungen ira kandideihd riemen me alehdi usuhs keieu tohto. Kandideihd riemen me alehdi soangen tohtohn usuhs teieu wiepen kapwungala pahn koasoandi sang kosonned.

 

Iretikitik 5.  Dien Ahnsoun Doadoahk. Dien ahnsou doadoahk en Kepina oh Keriau en Kepina pahn reireiki sounpar pahieu. Kepina oh Keriau en Kepina pahn tapiada ara dien ahnsoun doadoahk ni souwas en ni ehd keriau en sounpwong January mwurinte ara usuhsda oh ira pahn kolokol ara ohpis lau weliepera kamanamanla.

 

Iretikitik 6.  Tehndahn Ohpis oh Sohla kak Doadoahk.

(1) Keriau en Kepina me pahn wiahla Kepina ni ahnsou me ohpis en Kepina tehnda.

(2) Keriau en Kepina pahn kin weliandi Kepina ni ahnsou me Kepina sohte mie Pohnpei de ni ahnsou me Kepina sohla kak wia ah pwukoah doadoahk. Pwihn en Kou Kosonned pahn koasoanehdi, sang ni kosonned, wiepeh kan me pahn kasalehda ma aramas emen sohlahr kak wia ah pwukoah doadoahk.

(3) Kosonned pahn koasoanehdi duwen weliandi en Keriau en Kepina ni ohpis wet eh pahn tehnda.

 

Iretikitik 7.  Loaloapwoat ong ni Kakehlepen Kosonned kan. Kepina pwukoahki en ni loaloapwoat kakehla ireh kan koaros en Poahsoan en Kosonned wet oh kosonned koaros en Weipokon en Pohnpei.

 

Iretikitik 8.  Manaman pohn Kalokolok en Dihp kan. Kepina kak kamwotehla, welianda de wekidala oh kihda mahk ong aramas emen me dipikidahr dihp toutou, ni eh pahn idawehn kaweid me koasoandi sang kosonned likin kakoamoaldien lapalap men me aledier pakaraun, ketimpak oh lekideksangehr nan ah ohpis.

 

Iretikitik 9.  Repwoht kan. Kepina pahn repwohtkiong Pwihn en Kou Kosonned, ni tepin wie kupwur en nan January koaros iren Weipokon en Pohnpei oh e pil kak en wia repwoht wet ni ahnsou sohte lipilipil. E kak kaweidada kamwomwadahn kosonned kei pwe Pwihn en Kou Kosonned en tehk.

 

Iretikitik 10.  Ohpis kan nan Palien Kakehlaka Kosonned. Tohn board kan me kin wia kaweid oh koasoanepen doadoahk kan, kaun en palien doadoahk lap kan nan Palien Kakehlaka Kosonned oh palien doadoahk teikan me wia kisehn Government oh ohpiser teikan me pahn koasoandi sang kosonned pahn kin idihdda sang Kepina oh kamanaman sang Pwihn en Kou Kosonned sang ni usuhs “ei” en pali moron en towe kan koaros ni soh pohnese sehr tehnda kan. Lapalap en palien doadoahk lap akan nan Palien Kakehlaka Kosonned oh pali en doadoahk teikan me pil wia kishen Palien Kakehlaka Kosonned pahn doadoahk pahn en Kepina eh koasoandi. Kepina kak kapidoi soangen lapalap pwukat sang nan ohpis de re pil kak lekdekla (impeached) nin duen koasoandi en Ire Laud 13 Iretikitik 6 en Poahsoan en Kosonned wet.

 

Iretikitik 11.  Koasoansapahl en Palien Kakehlaka Kosonned. Palien Kakehlaka Kosonned, de sohte lipilipil ohpis ehu nan pali wet, kak en koasoansapahl sang kosonned de pilahn en koasoansapahl ehu sang Palien Kakehlaka Kosonned. Pilahn en koasoansapahl sang Palien Kakehlaka Kosonned pahn kin pekederieng Pwihn en Kou Kosonned sang Kepina. Pwihn en Kou Kosonned kak sohte kamana ahn Palien Kakehlaka Kosonned pilahn en koasoansapahl de ire kei nan pilahn wet nan irair en rahn silihsek mwurin eh pekederieng.

 

 

Ire Laud 10

Palien Kopwung

 

Iretikitik 1.  Manaman en Palien Kopwung. Manaman koaros me pidada kopwung nan Weipokon en Pohnpei mi nan Mwoalen Kopwung Ileihle ehu en Weipokon en Pohnpei, oh nan Mwoalen Kopwung Tikitik teikan me kosonned en Pwihn en Kou Kosonned pahn kin koasoanehdi.

 

Iretikitik 2.  Mwoalen Kopwung Tikitik oh Pwihn en Tenek kan. Mwoalen Kopwung Tikitik oh Pwihn en Tenek kan kak kokouda sang kosonned. Mwoal puwkat kak karonge soangen ire koaros me Mwoalen Kopwung Ileihle kak karonge nin duwen me pahn koasoandi sang kosonned. Soun Kopwung koaros oh tohn Pwihn en tenek kan pahn kin idihdda sang Kepina oh ale kamanaman en pali moron en towe kan koaros en Pwihn en Kou Kosonned ni soh pohnese sehr tehnda kan.

 

Iretikitik 3.  Mwoalen Kopwung Ileihle: Towe Kan.

(1) Mwoalen Kopwung Ileihle en Weipokon en Pohnpei pahn audaukihda Soun Kopwung Lapalap emen oh ienge Soun Kopwung sohte tohtohsang pahmen me pahn kin idihdda sang Kepina oh ale kamanaman en pali moron en towe kan koaros en Pwohn en Kou Kosonned ni soh pohnese sehr tehnda kan.

(2) Pwihn en Kou Kosonned pahn koasoanehdi sang ni kosonned, wiepen alahldahn Soun Kopwung en lepin ahnsou. Ahr idihdda pahn pil ale kamanaman en Pwihn en Kou Kosonned duwehte kamanamanpen idihddahn Soun Kopwung teikan en Mwoalen Kopwung Ileihle en Weipokon en Pohnpei.

 

Iretikitik 4.  Mwoalen Kopwung Ileihle: Manaman.

(1) Mwoalen Kopwung Ileihle en Weipokon en Pohnpei iei Mwoalen Kopwung ehu me ah doadoahk kan pahn kin intingdi, oh ih me wia Mwoalen Kopwung me mene keieu laud nan Weipokon en Pohnpei.

(2) Palien tenek keiieu en Mwoalen Kopwung Ilehile ahneki manaman en tepin karonge oh tenekihda kopwung en pwuhng oh dihp oh kopwung seu lipilipil kan me manaman en Weipokon en Pohnpei kipe, oh manaman en kapwung sapahl koasoandi kan en Mwoalen kopwung tikitik teikan koaros, oh pil Pwihn en tenek teikan.

(3) Pali en tenek sapahl en Mwoalen Kopwung Ileihle ahneki manaman en kapwung sapahlih koasoandi kan kaoros en Pali en tenek keiieu.

(4) Pwuhng ong kopwung kapw oh repenpwung sapahl ong pwunglahng koasoandi koaros me wiawihda nan Mwoalen Kopwung teikan oh Pwihn en tenek kan ong nan Mwoalen Kopwung Ileihle en Weipokon en Pohnpei udahn pahn mie.

(5) Sohte repenpwung sapahl en ire ieu me pid Poahsoan en Kosonned wet, kosonned akan en Weipokon en Pohnpei, de tiahk kak wiawi ong ehu Mwoalen Kopwung tohrohr, likin Mwoalen Kopwung Ileihle en Weipokon en Pohnpei.

 

Iretikitik 5.  Mwoalen Kopwung Ileihle: Palih Kan.

(1) Ihte ma mie koasoandi tohrohr ehu sang kosonned, emen emen Soun Kopwung en Mwoalen Kopwung Ileihle pahn towe Pali en tenek keiieu oh Pali en tenek sapahl en Mwoalen Kopwung Ileihle. Soun Kopwung men me iangehr kapwung ire ieu nan Pali en tenek keiieu sohte kak en iang kapwung sapahl ire wo nan Pali en tenek sapahl.

(2) Soun kopwung tehmen kak en karonge oh teneki kopwung ieu nan Pali en tenek keiieu. Sohte malaulausang Soun Kopwung silimen me pahn karonge oh tenekihda dahme pwungla nan kopwung en pali en tenek sapahl. Soun Kopwung tehmen kak wiahda koasoand en lepin ahnsou me pid kopwung sapahl, ahpw petehkpen koasoandi wet pahn wiawi sang irail soun kopwung kan me karonge kopwung sapahlo.

 

Iretikitik 6.  Mwoalen Kopwung Ileihle: Me Kak wia Soun Kopwung. Sohte aramas emen kak en wia Soun Kopwung en Mwoalen Kopwung Ileihle, ma e saikinte lel sounpar silihsek-limau. Aramas emen me dipekidahr dihp toutou ehu, sohte kak en wia Soun Kopwung.

 

Iretikitik 7.  Mwoalen Kopwung Ileihle: Dien Ahnsoun Doadoahk. Soun Kopwung men en Mwoalen Kopwung Ileihle pahn doadoahk nan erein sounpar eisek-riau ahpw e pahn kak uhsehla eh pwukoah lau lel ni weliepehmen me idihdahr eh kamanamanla. Soun Kopwung men pil kak pwurehng idihdda.

 

Iretikitik 8.  Pweipwei kan. Pweinen Soun Kopwung en Mwoalen Kopwung Ihleihle, soun kopwung teikan oh tohn Pwihn en tenek kan pahn koasoandi sang kosonned. Pweinarail sohte pahn kak ketikitikla ni ahnosu me re wiwia arail pwukoah nan ohpis, ihte ma mie koasoandi ieu sang kosonned ni soangen pweipwei pahrek ehu me kipe ohpiser oh tohn doadoahk koaros en government en Weipokon en Pohnpei.

 

Iretikitik 9.  Epwelpen Doadoahk Kan. Soun Kopwung Lapalap me pahn kaun Palien Kopwung nan Weipokon en Pohnpei. Epwelpen Palien Kopwung, tohn doadoahk kan, dipwisou, mwohni oh budget en pali wet ong pahr en doadoahk kan pahn tohrohrsang me kin wiawi nan Palien Kou Kosonned oh Palien Kakehlaka Kosonned en Government en Weipokon en Pohnpei. Soun Kopwung Lapalap pahn kin pwukoahki kaunopada budget en ehu ehu pahr ong Palien Kopwung en Weipokon en Pohnpei. Budget wet pahn pekederieng Pwihn en Kou Kosonned ni eh pahn weidla rehn Kepina. Kepina kak kapidelong ah kaweid ong budget en Palien Kopwung Kopwung ahpw e sohte kak en wekidala de katikala.

 

Iretikitik 10.  Koasoandi oh Wiepen Doadoahk Kan. Mwoalen Kopwung Ileihle ahneki pwukoah oh manaman en kauada de wekidala koasoandi en wiepen doadoahk kan en Palien Kopwung, soun doadoahk kan, oh dipwisou en Palien Kopwung. Koasoandi pwukat pahn ahneki menen kosonned, oh Pwihn en Kou Kosonned kak wekidala koasoandi pwukat ni kosonned.

 

Iretikitik 11.  Pwunglahn Kopwung kan. Pwunglahn kopwung kan me Mwoalen Kopwung kan oh Pwihn en tenek kan pahn koasoanehdi udahn pahn idawehn ineng en Poahsoan en Kosonned wet, oh madamadau en kopwungloal me aramas en Weipokon en Pohnpei ahneki ong ni dahme kin kasalehda me pwung oh mehlel.

 

 

Ire Laud 11

Taksis oh Mwohni en Weipokon

 

Iretikitik 1.  Manaman en Kauada Taksis. Government en Weipokon en Pohnpei pahn ahenki manaman en kauada soangosoangen taksis oh isais seu lipilipil ieu me sohte irairdi nan Poahsoan en Kosonned wet.

 

Iretikitik 2.  Taksis en Government en Wehi kan Oh Town. Government en Wehi kan oh Town kak kaueng taksis en kapatapat (surtax) pohn taksis kan me Government en Weipokon en Pohnpei kauadahr. Soangen taksis wet (surtax), me pahn kekeuda sang government en Wehi kan oh Town sohte pahn daulih per cent rieisek en tax me Pwihn en Kou Kosonned koasoanehdier, ihte ma e ni dehde mweimweida sang kosonned. Pwihn en Kou Kosonned kak kamanaiong government en Wehi kan oh Town en kauada soangen taksis teikan, nin duen me kosonned pahn koasoanehdi. Government en Wehi kan oh Town kelepw me ahneki manaman en kauada isais ong pesnes license kan.

 

Iretikitik 3.  Wiepen Doadoahkipene Mwohni. Sohte tikitik sang per cent silihsek en taksis me Government en Weipokon en Pohnpei kin alehda sang wasah kan nanWeipokon en Pohnpei, pahn kohda nin duwen kosonned, ong government en Wehi kan oh Town, mehn sewese doadoahk kan (project) oh kamwakid government pwukat nin duwen me Pilahn kan en ehu ehu government pwukat pahn koasoanehdi. Pilahn pwukat pahn kin alahlda sang ni kosonned me Pwihn en Kou Kosonned pahn kauada mwurin karongorong me pahn alehdi kupwuren ehu ehu Wehi kan oh Town. Soangen mwohni pwukat pahn nehnepeseng ni duwen tohtohn towe mehlel en ehu ehu wehi kan oh town.

 

Iretikitik 4.  Taksis ong Dipwisoun Government. Sohte taksis pahn kokouwong pohn dipwisou kan en Government en Weipokon en Pohnpei oh government en Wehi kan oh Town.

 

Iretikitik 5.  Taksis oh Kodahn Mwohni ong Anahn en Weipokon. Sohte taksis ieu kak kokouda de mwohni ieu koasoandi en doadoahkla likin anahn en Weipokon.

 

Iretikitik 6.  Wasahn Kanekid. Pwihn en Kou Kosonned pahn, sang ni kosonned, koasoanehdi ia pahn mwomwen wasahn kanekid en Weipokon en Pohnpei. Wasahn kanekid en Weipokon en Pohnpei me pahn pwukoahki nekinekid mwohni en weipokon oh soangen neknek en mwohni teikan me kokouda sang kosonned. Mwohni kan koaros en Government en Weipokon en Pohnpei pahn kapidolong ohng nan neknek en weipokon de neknek tohrohr ehu nin duwen me koasoandi sang kosonned.

 

Iretikitik 7.  Inou en Doadoahkihla Mwohni oh Kapidoi Mwohni. Inou ong doadoahkihla mwohni oh kapidohi en mwohni sang wasahn kanekid en Weipokon en Pohnpei kak wiawi nin duwen koasoandi en kosonned.

 

Iretikitik 8.  Auditor.

(1) Auditor men pahn mie, me pahn idihdda sang Kepina oh ale kamanaman en Pwihn en Kou Kosonned, sang ni usuhs “ei” en pali moron en towe kan koaros ni soh pohnese sehr tehnda kan, pwehn doadoahk nan irair en sounpar pahieu oh lau lel ni ahnsou me weliepe me idihddahr kamanamanla. Nan irair en rahn silihsek mwohn ni imwin ah dien ahnsou en doadoahk en sounpar pahieu koaros, auditor pahn kak en kapidohisang nan ah pwukoah sang ni usuhs “ei” en silikis riau en towe kan koaros en Pwihn en Kou Kosonned ni soh pohnese sehr tehnda kan.

(2) Auditor me pahn pwukoahki dawih kemwekid oh doadoahklahn mwohni oh pwuken mwohni koaros me wiawiong ehu ehu pali en doadoahklap, ohpis kan, pall teikan me pil wia kisehn government, oh wasa teikan me pil kin doadoahk ohng Government en Weipokon en Pohnpei oh government en wehi kan oh town de me irail kin pein wihwia. Doupen ehu ehu pwuken mwohni kan pahn wiawi sohte mwotomwotasang pak ehu nan sounpar riau koaros. Repwoht koaros me pid mwohni me wiawi sang irail ohpiser kan en government, me pwukoahki tetehk mwekid en mwohni, pahn anahne ale kadehdehpen pwung oh mehlel en repwohto sang Auditor.

(3) Auditor pahn, nan pahr koaros, repwohtki dahme e diarada oh ah kaweid kan ong Kepina oh Pwihn en Kou Kosonned. Auditor pahn pi1 kin wia soangen repwoht tohrohr teikan oh kihda soangen ire tohrohr teikan me e pepehm konehng oh me Piwhn en Kou Kosonned pahn anahne nin duen koasoandi en kosonned.

(4) Auditor pahn kak en kaweidki government kokoudahn wiepe sonamwahu en mwekid en mwohni kan me pahn kilelehdi mwohni kan ni wiepe soanamwahu oh pwung.

(5) Auditor pahn alehda nah tohn doadoahk oh pil kak ale sawasepe ni contract, rehn irail semen en dawih doadoahklahn mwohni pwe en kak kapwaiada ah pwukoah ni soanamwahu oh pil ale soangen sawas teikan me e pepehm me e anahne.

(6) Auditor pahn nan sounpar koaros kaunopada budget en ah ohpis, oh e pahn pekederieng Pwihn en Kou Kosonned ni eh pahn weidla rehn Kepina. Kepina kak kapatahieng ah kaweid, ahpw e sohte kak wekidala de katikitikala.

 

Iretikitik 9.  Repwoht en Mwohni. Nan irair en ahnsou ieu me koasoandi sang kosonned, Kepina pahn nan pahr koaros kadarehng Pwihn en Kou Kosonned repwoht ehu me pahn kasalehda soangen mwohni kaoros me kesikpe mie me e pahn kak rikirikda ohng Government en Weipokon en Pohnpei ohng pahr en mwohni me pahn wad mwuhri, iangahki soangen ire tohrohr teikan me pid mwohni me Pwihn en Kou Kosonned pahn anahne nin duwen koasoandi en kosonned.

 

Iretikitik 10.  Kapidolong en Budget. Kepina pahn kaunopada budget en ohpis kan ohng pahr en mwohni me pahn wad mwuhri oh ohng wasahn doadoahk kan koaros me wia kisehn Government en Weipokon en Pohnpei, likin Ohpis en Auditor, Palien Kou Kosonned oh Palien Kopwung, oh ohng soahng teikan. Kepina pahn kadarehng budget wet Pwihn en Kou Kosonned nan irair en ahnsou me koasoandi sang kosonned. Kepina pahn ale oh pil kak kasalehda ah kaweid ohng budget en Auditor, Palien Kou Kosonned oh Palien Kopwung oh ni karuaru kadarehng Pwihn en Kou Kosonned. Budget kan pahn koasaondi ni mwohmw ehu oh kasalehda soangen ireh kan me pahn anahn nin duwen koasoandi en kosonned.

 

Iretikitik 11.  Kosonned en Kihda Mwohni.

(1) Mwurin alahldien repwoht ohng ni kesikpen uwen nwohni me pahn kak mie oh budget ong wasahn doadoahk kan nan Government en Weipokon en Pohnpei, oh petehkpen uwen mwohni kan me pahn sewese kamwahula lap akan en Weipokon, mwohni en kamwakid soangen doadoahk teikan (project) oh sawas ohng government en wehi kan oh town, Pwihn en Kou Kosonned pahn kauada kosonned ehu me pahn mweidada mwohni ohng budget ong pahr en mwohni me pahn wad mwuhri. Kosonned en mweidada mwohni wet pil kak wekdekla ni wiepen kosonned.

(2) Likin anahn me pwarada sang ahnsou apwal karuaru me kalohkdahr sang Kepina nin duwen koasoandi en Poahsoan en Koosnned wet, sohte mwohni kak kamanamanla de kosonned kekeuda, me pahn kamanahla kodahn mwohni pwehn kawakid pali en doadoahk ieu nan Government en Weipokon en Pohnpei likin dahme koasoandi nan kosonned me kihda mwohni ong nan budget en Government en Weipokon en Pohnpei.

 

Iretikitik 12.  Petehkpen Doadoahklahn Mwohni kan. Iren koasoandih kei pahn kokouda sang Kosonned pwehn iteite doadoahklahn mwohni kan, oh en katikala doadoahklahn mwohni kan ni ahnsou kan me mwohni en weipokon sohte pahn itar ong doadoahklahn mwohni en weipokon me pahn wiawi nan pahr en mwohnio.

 

Iretikitik 13.  Pweipwand en Weipokon. Government en Weipokon en Pohnpei sohte kak pekihda mwohni, ni pweipwand, ni eden weipokon ihte ma e mweimwida sang kosonned, ong doadoahk me pahn utungada keirdahn pai en wehi, oh kokoudahn oh kamwaula lap en dipwisou kesempwal akan en weipokon. Kosonned koaros sang Pwihn en Kou Kosonned me mweidada pweipwand en mwohni ni eden weipokon pahn idihdda wasa me uwen mwohni ieu pahn kohsangie me pahn itar, oh mwohni wet udahn pahn koasoandieng en kapwungala pweipwand pwukat.

 

 

Ire Laud 12

Sahpw

 

Iretikitik 1.  Irairdih kan ong Inoun Doadoahki Sahpw. Sohte inoun doadoahki sahpw, ihte sang Government de nin duwen eh koasoandi nan Iretikitik 3 en Ire Laud wet, kak daulih sounpar rieisek limau. Pwuhng ong inou sapahl oh soangen perehreh teikan pahn koasoandi sang kosonned.

 

Iretikitik 2.  Pwungin Sapwasapw. Pwung en kak sapwasapw pahn irairdiongete tohn wehi mehlel kan me wia pwilidak en weipokon en Pohnpei ni duwen me koasoandi pahn Ire Laud 3 en Poahsoan en kosonned wet.

 

Iretikitik 3.  Inoun Doadoahki Sahpw me erein ahnsou sohte Dehde. Inoun doadoahki sahpw me mweidohng aramas me pahn doadoahki sahpw manaman en pein sang ni eh koasoandi poupousehla eh doadoahki sahpw ong erein ansou sohte dehde sohte mweimwei.

 

Iretikitik 4.  Kosonned en Sahpw. Pwihn en Kou Kosonned kak koasoanehdi, sang ni kokoudahn kosonned akan me pahn konehng, wiepeh kan me pahn kak mweidada inoun doadoahki sahpw oh soangen doadoahk teikan en sahpw me mi pahn irairdi en ahnsou me sansal nan Iretikitik 1 en Ire Laud wet.

 

Iretikitik 5.  Netin Sapw. Sohte netin sapw pahn wiawi likin me pahn koasoandi sang kosonned.

 

Iretikitik 6.  Alahldahn Sahpw ong Anahn en Weipokon. Government en Weipokon en Pohnpei kak doadoahki manaman en alehda pwuhng nan sahpw ong doadoahk en weipokon. Sohte sahpw ehu pahn alahlda lau kaweid alahldi sang government en wehi kan oh Town me sahpwo mi loale oh inoupen dahme pahn pwain de welian sahpwo wiawiong aramas me ahneki pwuhng nan sahpwo, me pil pahn iangahki inou en weliankihda sahpwo soangen sahpw ehu me pweine pahn pahrekieng sahpwo de ni pweipwei pwuhng oh konehng.

 

Iretikitik 7.  Ohpis en Sahpw. Ong ni uen me pahn kak, pwukoah doadoahk koaros me pid sahpw pahn mi pahn ohpis teieu.

 

 

Ire Laud 13

Ire Oralap Kan

 

Iretikitik 1.  Mahsen me Manaman nan Doadoahk en Government. Mahsen en Pohnpei oh English me pahn wia mahsen me manaman nan doadoahk en Government en Weipokon en Pohnpei.

 

Iretikitik 2.  Dipwisou Keper.

(1) Dipwsou en mahwin keper me mahngidie pwoisin (nuclear), de wini (chemical), de engsuwed (gas), oh dipwisou keper ong paliwar me paiking pidada (biological weapons), mesihn en wiahda lioal me engin dipwisou keper me mahngidie pwoisin kin kamwakid (nuclear plants), oh pi1 kiden me pwukat, tetehn ma angi kehlail de luet, sohte pahn kapidolongodo, nekinek, doadoahk, sosohngpe wiawi, de pi1 lekidekla nan wasa sohte lipilipil me manaman en Weipokon en Pohnpei kipe, ihte ma soangen kemwekid ehu, ni sansal oh dehde, mweimweida sang ni pali moron en usuhs me wiawi nan repen kupwur ehu en Weipokon en Pohnpei.

(2) Pwihn en Kou Kosonned pahn kauada kosonned me pahn koasoanehdi ni kehlaihl epwelpen dipwisou keper teikan likin me sansal nan Oralap Nempe (1) en Iretikitik wet, me pahn mweidada oh iteite kapidolongodohn, nekneklahn, soasoahngpen, oh lekdeklahn dipwisou keper pwukat, nan wasah kan me manaman en Weipokon en Pohnpei kipe, ohngete soangen doadoahk kan me anahnepe mie pwehn kairada roson, doaropwen weipokon, oh keirdahn pai.

 

Iretikitik 3.  Poasen Kaun en Weipokon en Pohnpei. Poasen Kaun en Weipokon en Pohnpei pahn koasoandi sang kosonned. Dipwisou oh sahpw kan me Government en Weipokon en Pohnpei doadoahki pahn mi pahn epwel en Government en Weipokon en Pohnpei.

 

Iretikitik 4.  Dipwisou en Government. Dipwisou en Government sohte kak doadoahk, kesepwiliong pali ieu me kaidehn ahn government de lekdekla ihte ma e idawehn wiepeh kan me koasoandi sang Kosonned.

 

Iretikitik 5.  Wihwia Mwahu en Lapalap oh Tohn Doadoahk en Government. Pwihn en Kou Kosonned pahn kauada kosonned ehu me pahn pangengki lapalap oh tohn doadoahk en Government en Weipokon en Pohnpei en kapwaiada arail pwukoah ni pwungin kosonned oh wihwia konehng oh mwahu, oh koasoandhei kolokol kan ong irail me sohte oke audepen kosonnedo.

 

Iretikitik 6.  Wiepen Lekdeklahn Ohpiser men.

(1) Kepina, Keriau en Kepina, Auditor, tohn Pwihn en Kou Kosonned, Soun Kopwung kan en Mwoalen Kopwung sohte lipilipil ehu oh lapalap me idihddah kan en Government en Weipokon en Pohnpei kak en lekdeksang (impeached) nan ah pwukoah, ahpw ongete kahrepe me pahn pid wihwia sohte konehng nan ohpis, sohte kapwaiada ah pwukoah, oh sohla kak wia ah pwukoah de dipkihda dihp ehu me pahn kandandsuedihala.

(2) Ni alahldahn pekpek ehu en lekdeklahn ohpiser men en government me aledier kamanaman en pahkis siluh (3/4) en towe kan koaros en Pwihn en Kou Kosonned ni soh pohnese sehr tehnda kan, pakairpen lekdekla wet pahn ni inting wesiklahng lapalapo sang Pwihn en Kou Kosonned.

(3) Ni alahldien pakairo lapalap menet pahn koamoaldi sang ah pwukoah kan, ahpw pahn wie pweipwei awiawih pwunglahn karongorongo.

(4) Mwoalen tenek ehu me pahn audaudkihda Soun Kopwung silimen sang Mwoalen Kopwung Ileihle en Weipokon en Pohnpei pahn kokouda sang Soun Kopwung Lapalap, de sang Kepina ni ahnsou me pekpen lekdeklau uhwong Soun Kopwung Lapalap. Mwoalen tenek wet pahn idiada Soun Kadip tohrohr men me pahn ale kamanaman en pali moron en towe kan koaros en Pwihn en Kou Kosonned ni soh pohnese sehr tehnda kan. Usuhs en silikis riau en towe kan nan Mwoalen tenek wet me pahn anahn pwehn kak koasoanehdi me lapalap en Government men dipadahr oh ma e pahn lekdeksang nan ah pwukoah en ohpis.

(5) Pwunglahn karongorong kan nan soangen Mwoalen tenek wet sohte pahn doula likin pwukoah en kapidoisang lapalap en government men nan ah pwukoah doadoahk, ahpw lapalap en government men me kedierekda me e dipada nan karongorongo pahn kak en mihla pahn kadipadip en dihp, kopwung, alehdi pwunglahn kopwung me uhwong oh kalokolok nin duwen koasoandi en kosonned.

 

Iretikitik 7.  Usuhs en Kapwurehsang Ohpiser Usuhsda.

(1) Kepina, Keriau en Kepina oh tohn Pwihn en Kou Kosonned kak kopwurpwursang nan ohpis nin duwen wiepen usuhs en kapwurehsang soangen lapalap pwukat.

(2) Pwehn kapwurehsang Kepina de Keriau en Kepina nan ara pwukoah, kisin likou en pekpek ehu me pahn sain sang per cent silihsek-limau en irail soun usuhs, me adarail kilikilel nan pwuken usuhs, udahn pahn pekederieng ohpiser me kaun Pwihn en Kou Kosonned me pahn ni ahnsouohte idiada Soun Apwalih Usuhs Tohrohr Men (Special Election Commissioner), me pahn ahneki manaman en alehda pwuken usuhs me audaudkihda eden irail soun usuhs manaman kan en Weipokon en Pohnpei. Nan irair en rahn eisek limau Soun Apwalih Usuhs Tohrohr menet pahn teneki oh kamehlelehda mehlel oh pwung en kisin likou en pekpeko (petition). Ma kisin likou en pekpeko mehlel oh pwung, usuhs en kapwurehsang lapalapo pahn wiawi nan irair en rahn silihsek mwurin kasaladahn mehlel oh pwung en pekpeko sang Soun Apwalih Usuhs Tohrohro, ni rahn ieu me e pahn koasoanehdi. Lapalap men pahn kak kapwurupwursang nan ah pwukoah ma per cent weneisek en soun usuhs manaman kan me kilikilel nan pwuken usuhs, kasalehda me re utung en kapwurpwursang.

(3) Pwehn kapwurehsang tohn Pwihn en Kou Kosonned men nan ohpis, kisin likou en pekpek ehu me sain sang per cent silihsek limau en soun usuhs kan me adarail kilikilel nan pwuken usuhs en lopidien usuhso pahn pekedereing Kepina oh ni ahnsouohte Kepina pahn kadauluhllahng Soun Apwalih Usuhs (Election Commissioner). Soun Apwalih Usuhs pahn nan irair en rahn eisek limau tehk mehlel oh pwung en pekpeko. Ma pekpeko mehlel oh pwung, usuhs en kapwurehsang weliepeu pahn wiawi nan irair en rahn silihsek mwurin rahn me Soun Apwalih Usuhso kasalehda me pekpeko mehlel oh pwung, ni rahn ieu me e pahn koasoanehdi. Tohn Pwihn en Kou Kosonned men kak kapwurupwurasang nan ohpis ma per cent limeisek ehu en irail soun usuhs manaman kan me kilikilel nan Pwuken Usuhs en lopidien usuhs me e weliweliano utung en kapwurupwurasang.

 

Iretikitik 8.  Pweinen Ohpiser kan en Government.

(1) Kosonned pahn koasoanehdi pweipwei kan oh isais tohrohr teikan en tohn ohpis kan me usuhsda oh idihdda koaros.

(2) Koasoansapahl en pweipwei kan oh isais tohrohr teikan en tohn ohpis me usuhsdah kan oh me idihdda kan, pahn kak wiawi mwurin sounpar limau koaros.

(3) Ketikitiklahn pweipwei oh isais teikan en tohn ohpis me usuhsda oh idihdda kan kak wiawi ni ahnsou sohte lipilipil, ahpw ketikitikla wet pahn kipehdi tohn ohpis pwukat koaros ni uwe pahrek ehu ong emen tohn ohpis pwukat.

 

Iretikitik 9.  Kalohkdahn Ahnsou Apwal Laud Karuaru kan.

(1) Kepina kak en kalohkihda me mie kahpwal karuaru de apwal laud ieu, oh koasoanehdi ireh kan me konehng wiawi pwehn kolokol meleilei en weipokon, roson mwahu de doarepen weipokon ni ahnsou apwal laud oh uk mehlel me pwaradahsang pingiping en wehi, soumwahu keper me kin pwarada ni ahsnou kan nan wasah kan, engiengin sahpw, sehd de lahng, de keper karuaru en mahwin.

(2) Kalohkdahn apwal laud karuaru ieu kak en tiesemwe pwuhng en aramas ongete nan irair en ahnsouo pwehn kolokol meleilei en weipokon, roson mwahu, oh doarepen weipokon. Kalohkdahn ahsnou apwal laud karuaru ieu kak en ale petehk keneinei sang Mwoalen Kopwung.

(3) Pwihn en Kou Kosonned kak wekidala de kihsang menen kalohk en ahnsou apwal laud karuaru ehu ni ahnsou sohte lipilipil sang ni wiepen pekpek. Pwihn en Kou Kosonned pahn tiepene nan irair en rahn silihsek pwe en tehk kalohk en ahsnou apwal laud karuaru wet. Ma kalohk en ahnsou apwal laud karuaru wet pein kasorehla mene, mene kasohrasang de kereireila sang Pwihn en Kou Kosonned, kalohk en ahnsou apwal laud karuaru ehu pahn reireiki rahn silihsek.

 

 

Ire Laud 14

Government en Wehi kan oh Town

 

Iretikitik 1.  Government en Wehi kan oh Town. Government kan me poahsoanehda Government en Weipokon en Pohnpei, ni ahnsou me Poahsoan en Kosonned wet manamanla [Nopempe 8, 1984] iei Wein Kapingamarangi, Wein Kitti, Kolonia Town, Wein Madolenihmw, Wein Mwokil, Wein Net, Wein Ngetik, Wein Nukuoro, Wein Pingelap, Wein Sokehs, oh Wein Uh.

 

Iretikitik 2.  Poahsoan en Kosonned en Wehi kan oh Town. Ehu ehu government pwukat kak pein kauada ah Poahsoan en Kosonned. Soangen Poahsoan en Kosonned pwukat sohte pahn uhwong Poahsoan en Kosonned wet oh kosonned akan en Weipokon en Pohnpei me wie manaman ahnsou me Poahsoan en Kosonned wet manaman [Nopempe 8, 1984] oh kak koasoanehdi pwukoahn lapalap en tiahk kan nan government.

 

Iretikitik 3.  Manaman en Government en Wehi kan oh Town. Government pwukat kak doadoahki manaman koaros me sohte irairdi nan Poahsoan en Kosonned wet, oh kosonned akan en Weipokon en Pohnpei.

 

Iretikitik 4.  Irepen Government Pwukat.

(1) Poahsoan en Kosonned wet sohte wekidala irepen ehu ehu government pwukat.

(2) Government pwukat sohte kak pwalpeseng de kapatpene.

 

Iretikitik 5.  Wasah Kan me Sohte mi pahn Government Pwukat. Wasah kan me mi pahn manaman en Weipokon en Pohnpei ahpw mi likin irepen government pwukat pahn mi pahn epwelpen Government en Weipokon en Pohnpei lau lel ahnsou ieu, me sang ni kosonned me Pwihn en Kou Kosonned kauada, re wiahla kisehn ehu government pwukat ni eh alehdi utuht oh kamanaman en governmento de lau lel ni ahr pahn kokouda oh wiahla ehu government tohrohr, oh ahneki soangen pwuhng duehtehte government pwukat.

 

 

Ire Laud 15

Wiepen Wekdekla Ong Poahsoan en Kosonned wet

 

Iretikitik 1.  Kamwomwadahn Wekdekla sang Pwihn en Kou Kosonned. Pwihn en Kou Kosonned kak kamwomwehda wekdekla ieu ong Poahsoan en Kosonned wet. Soangen kamwomwadahn wekdekla wet pahn anahne kamanaman en usuhs “ei” en pahkis siluh en towe kan koaros en Pwihn en Kou Kosonned ni soh pohnese sehr tehnda kan. E pahn pekederlahng Kepina pwehn tehk, ni mwomwen wiepe me koasoandi nan Poahsoan en Kosonned wet ong kamwomwadahn kosonned akan. Ma Kepina kamana, e pahn kolahng aramas akan pwe ren usuhski. Ma Kepina sohte kamana kamwomwadahn wekdeklau, e pahn kapwurelahng Pwihn en Kou Kosonned ni mwomw oh wiepe me koasoandi nan Poahsoan en Kosonned wet ong kopwurpwurlahn kosonned akan me sohte kamanaman. Pwihn en Kou Kosonned pahn pwurehng tehksapalih kamwomwadau. Ma Pwihn en Kou Kosonned pwurehng kamana kamwomwadahn wekdeklau sang ni usuhs “ei” en pahkis siluh en towe kan koaros ni soh pohnese sehr tehnda kan ni wiepe me koasoandi nan Poahsoan en Kosonned wet ong kamwomwadahn kosonned akan me Kepina sohte kamana, ah kamwomwadahn wekdeklau kakehr kolahng aramas akan pwe ren usuhski.

 

Iretikitik 2.  Kamwomwadahn Wekdekla Sang Aramas. Wekdekla ieu ong Poahsoan en Kosonned wet kak kamwomwada ni pekpek ehu eh pahn pekederieng Kepina ni inting, me pahn kasalehda ni dehde oh unsek iren wekdeklao oh kolokol sain en sohte tikitiksang silikis ehu en aramas me mwararail kilikilel nan pwuken usuhs. Kepina pahn tehk pekpek wet oh, nan irair en rahn duweisek mwurin eh pekederieng, e pahn kadehdehda ma e kolokol uen totohn sain en aramas en usuhs me anahn. Mwurin kadehdehpen me iei pekpeko kolokol uen totohn sain en aramas en usuhs me anahn, kamwomwadau kakehr kolahng aramas akan pwe ren usuhski.

 

Iretikitik 3.  Ire nan Kamwomwadahn Wekdekla. Kamwomwadahn wekdekla ieu, me sang rehn Pwihn en Kou Kosonned de pekpek ehu sang aramas akan pahn pid irehtehieu.

 

Iretikitik 4.  Kamanaman en Kamwomwadahn Wekdekla.

(1) Kamwomwadahn wekdeklao pahn kolahng aramas akan pwe ren kamana de sohte kamana nan usuhs, sohte lipilipil ma usuhs lap de usuhs tohrohr ehu, me pahn wiawi sohte mwotomwotasang rahn duweisek de sohte reireisang rahn ipwiki welihsek mwurin kamwomwadahn wekdeklao eh pahn koasoandier oh usuhspe kakehr en wiawi.

(2) Kamwomwadahn wekdekla ieu pahn manamanla ma e alehdi usuhs sohte tikitiksang silikis riau en me usuhski kamwomwadahn wekdeklao oh sohte tikitiksang per cent limeisek en soun usuhs me kilikilel nan pwuken usuhs me re kak iang usuhs en Weipokon en Pohnpei ni ahnsou me usuhso wiawi.

 

Iretikitik 5.  Alahldahn Kamwomwada en Wekdekla. Pwihn en Kou Kosonned pahn kauada kosonned me pahn koasoanehdi wiepen alahldahn kamwomwadahn wekdeklah kan oh wiepe teikan ong ni kemwekid pen Ire Laud wet.

Mehn ketemen: 1. Poahsoan en Kosonned en Pohnpei kamanamanlahr sang Pwihn en Kou Poahsoan ni mahs 5, 1984. 2. Ni September 24, 1984, usuhs en repen kupwur ohng koupoasoan en Wein Pohnpei wiawier. 3. Ni Oktohpe 9, 1984, Kepina kalohkidahr me Poahsoan en Kosonned en Pohnpei kamanamanlahr. 4. Poahsoan en Kosonned wet tepida manaman ni Nopempe 8, 1984, rahn silisek mwurin en Kepina ah kalohk.

Mwomwen doadoahk wet eh tepida oh imwsekla nan pali en kou kosonned: 1. Kosonned en Pohnpei S.L. No. 2L-131-82 me kamanamanlahr ni Sulai 9, 1982, kauadahr Pwihn en Kou Poahsoan en Pohnpei oh kieng irail manaman, pwukoa, doadoahk oh pil mweidada doadoahk lahn mwohni.

2. Kosonned kei me iangahki S.L. No. 2L-137-82, 10/1/82, S.L. No. 2L-159-82, 12/10/82, S.L. No. 2L-180-83, 7/1/83, S.L. No. 2L-195-83, 9/13/83, S.L. No. 2L-213-83, 11/2/83, S.L. No. 3L-17-84, 7/9/84, and S.L. No. 3L-32-84, 9/5/84 apw wekidalahr kosonned S.L. No. 2L-131-82. 3. Kosonned en Pohnpei S.L. No. 2L-214-83, 10/1/83 mweidadahr doadoahk lahn mwohni. 4. Kosonned en Pohnpei S.L. No. 3L-18-84, 7/9/84 kauada koamidi me pahn intingihada kanengen Poahsoan en Kosonned wet me pid kasukuhl. 5. Kosonned en Pohnpei S.L. No. 3L-33-84, 9/10/84 koasoanehdi wiepen repen kupwur, mwomwen eh pahn wiawi oh dahme pahn wiawi nan erein kiewekla en kosonned sang mahs ong me kapw.

 

 

 

CONSTITUTION OF THE STATE OF POHNPEI

 

 

(In English)

 

 

Preamble

Article 1  Territory and Jurisdiction

Article 2  Supremacy

Article 3  Citizenship

Article 4  Fundamental Rights

Article 5  Tradition

Article 6  Suffrage and Elections

Article 7  Responsibilities of the Government of Pohnpei

Article 8  Legislative

Article 9  Executive

Article 10  Judiciary

Article 11  Public Finance

Article 12  Land

Article 13  General Provisions

Article 14  Local Governments

Article 15  Amendment

 

 

Preamble

 

WE, THE PEOPLE OF POHNPEI, in whom Almighty God has bestowed sovereignty over this sea, the air space, and the islands within, do now by His grace establish this Constitution.

 

Through the exercise of our sovereign right of self-determination, we accept without hesitation the challenge and responsibility to serve as the guardians of our people and islands, both now and in the future; to protect and uphold the inalienable rights of our people; to protect and maintain the heritage and traditions of each of our islands; and to protect and promote the harmony and prosperity of all the people of Pohnpei.

 

We acknowledge the strength that comes from the union of our individual cultural pasts; we are united by a common sea; and we freely express our desire to live and work together in peace and harmony for the common good of the people of Pohnpei and all mankind.

 

With this Constitution, we proclaim and reaffirm the sovereignty of Pohnpei.

 

 

Article 1

Territory and Jurisdiction

 

Section 1.  Territory. The territory of Pohnpei comprises the islands and reefs of Pohnpei, a marine space of two hundred nautical miles measured outward from appropriate baselines, the sea bed, subsoil, water column, insular and continental shelves, and any other territory and waters belonging to any island of Pohnpei by historical right, custom, or legal title.

 

Section 2.  Jurisdiction. Unless limited by obligations assumed by Pohnpei, or by its unilateral act, the waters connecting the islands and reefs of Pohnpei are internal waters, regardless of dimension, and the jurisdiction of Pohnpei extends to the entire territory of Pohnpei including its marine space, the seabed, subsoil, water column, insular and continental shelves, and the airspace over lands and waters.

Section 3.  New Territory. New territory may be added to Pohnpei in accordance with statute, which may provide for the local government therefore if appropriate. Such statute shall require approval by the voters of Pohnpei in a referendum in which approval is given by the majority of the registered voters of Pohnpei, or such greater number of votes as may be specified in the statute proposing such addition.

 

 

Article 2

Supremacy

 

This Constitution is the supreme law of Pohnpei. An act of government in conflict with this Constitution is invalid to the extent of conflict.

 

 

Article 3

Citizenship

 

Section 1.  Citizens and Pweldak on the Effective Date of this Constitution.

(1) A person who is a legal resident of Pohnpei is a citizen and pweldak of Pohnpei if either of his parents at the time of his birth was a citizen and pweldak of Pohnpei.

(2) A person who was a citizen or pweldak of the local governments in Pohnpei immediately prior to the effective date of this Constitution [November 8, 1984] is a citizen and pweldak of Pohnpei while a legal resident of Pohnpei.

 

Section 2.  Citizens on the Effective Date of this Constitution. A person who was a citizen or a legal resident of Pohnpei on the effective date of this Constitution [November 8, 1984] is a citizen of Pohnpei while a legal resident of Pohnpei.

 

Section 3.  Naturalization. The Legislature shall provide legislation for naturalization and loss of citizenship.

 

Section 4.  Citizens of New Territory. Citizens of newly acquired territory of Pohnpei shall become citizens of Pohnpei as provided by statute.

 

 

Article 4

Fundamental Rights

 

Section 1.  Freedom of Speech. No government action may deny or impair the right of every person to speak, write, and publish freely on any subject and the right to receive information on all subjects. A person may be held responsible for untruthful statements injuring other persons without privilege, and for statements creating a clear and immediate danger of unlawful conduct or substantial injury to the public.

 

Section 2.  Freedom of Association and Petition. The right of all people peaceably to assemble, to associate, to consult for their common interests, and to petition the government may not be abridged.

 

Section 3.  Equal Rights. No law or other government action may deny or impair the equal rights of all persons on account of gender, race, ancestry, national origin, religion, language, or social status. No person may be denied the equal protection of the law.

 

Section 4.  Due Process of Law. No person may be deprived of life, liberty, or property without due process of law. Private property may not be taken except for a public purpose with just compensation.

 

Section 5.  Contract Rights. No law may impair an existing contractual obligation, except for the protection of an essential public interest.

 

Section 6.  Imprisonment for Debt. No person may be imprisoned solely for failure to discharge a debt.

 

Section 7.  Ex Post Facto and Attainder. No person may be held criminally liable for an act that was not a legally recognized crime at the time of its commission. An increased penalty for a criminal act shall not apply to an act committed before the increase. No person may be found guilty of a crime or be punished for a crime except by a court of law.

 

Section 8.  Searches and Seizures.

(1) The right of all people to be secure in their persons, houses, papers, and property against unreasonable searches and seizures may not be violated.

(2) No warrant may be issued except upon probable cause supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.

 

Section 9.  Rights of the Accused.

(1) In all criminal prosecutions the accused shall be presumed innocent until proven guilty beyond a reasonable doubt.

(2) The accused shall be promptly informed of the nature and cause of the accusation; he shall have the right to counsel; he shall have the right to a speedy, public, and impartial trial; he shall have the right to be confronted with the witnesses against him and to examine them fully; he shall have the right to compel the obtaining of evidence and the attendance of witnesses in his favor; and he shall not be compelled to testify against himself.

(3) No person may be put in jeopardy more than once for a single offense.

(4) Excessive bail may not be required, nor excessive fines imposed.

(5) Cruel or unusual punishment may not be inflicted.

 

Section 10.  Habeas Corpus. The privilege of the writ of habeas corpus shall not be suspended except in accordance with law when the public safety requires during insurrection, rebellion, or invasion.

 

Section 11.  Death Penalty. No crime may be punished by death.

 

Section 12.  Slavery and Involuntary Servitude. Slavery is prohibited. Involuntary servitude is prohibited except to punish crime after conviction in accordance with law.

 

Section 13.  Freedom of Movement. Subject only to the requirements of public health, order, and safety, all persons have freedom of travel and movement.

 

Section 14.  Military Action.

(1) In time of peace, no soldier may be quartered in any house without the consent of the owner and occupants, nor in time of war except in a manner prescribed by statute.

(2) Just compensation shall be provided for the use, taking, or destruction of the property of the people, and for personal injury and death arising from military action. Such compensation shall be the responsibility of the military force causing such damages.

 

 

Article 5

Tradition

 

Section 1.  Customs and Traditions. This Constitution upholds, respects, and protects the customs and traditions of the traditional kingdoms in Pohnpei.

 

Section 2.  Protection of Customs and Traditions. The Government of Pohnpei shall respect and protect the customs and traditions of Pohnpei. Statutes may be enacted to uphold customs or traditions. If such a statute is challenged as violating the rights guaranteed by this Constitution, it shall be upheld upon proof of the existence and regular practice of the custom or tradition and the reasonableness of the means established for its protection, as determined by the Pohnpei Supreme Court.

 

Section 3.  Family Obligations.

(1) To strengthen and retain good family relations in Pohnpei, as needed, this Constitution recognizes and protects the responsibility and authority of parents over their children.

(2) This Constitution also acknowledges the duties and rights of children in regard to respect and good family relations as needed.

 

 

Article 6

Suffrage and Elections

 

Section 1.  Suffrage. A citizen of Pohnpei who, at the time of elections, has attained the age of eighteen years and has not committed a felony for which he is on parole or probation or under a sentence shall be qualified to vote. Other qualifications may be prescribed by statute.

 

Section 2.  Right to Vote and Hold Office. No property qualification, tax, or fee may be imposed on the right to vote or to hold office.

 

Section 3.  Conduct of Elections. The Legislature shall, by statute, provide for voter registration and the conduct of elections. Voting shall be by secret ballot.

 

Section 4.  Time of Elections.

(1) General elections for the Governor, the Lieutenant Governor, and the Legislature shall be held simultaneously every four years, on the second Tuesday in November.

(2) Special elections shall be held as provided by statute.

(3) Runoff elections required by law shall be held twenty-eight days after the date of the election which resulted in the requirement for runoff.

(4) If a state of emergency declared by the Governor in accordance with the Constitution prevents the holding of an election when scheduled, the election shall be held not later than thirty days after the emergency ends. Unless otherwise provided by statute, after postponement of an election due to a declared state of emergency, the new election date shall be proclaimed by the Governor.

 

Section 5.  Initiative and Referendum. The Legislature shall provide by statute for enactment of laws by initiative petition requiring signature of not more than thirty-five percent of the qualified voters of Pohnpei, and for referendum requiring not more than sixty percent of the votes cast for approval of a proposal.

 

 

Article 7

Responsibilities of the Government of Pohnpei

 

Section 1.  Resources and Environment. The Government of Pohnpei shall establish and faithfully execute comprehensive plans for the conservation of natural resources and the protection of the environment.

 

Section 2.  Development. The Government of Pohnpei shall promote economic development and shall establish and faithfully execute a development plan for Pohnpei.

 

Section 3.  Education.

(1) The Government of Pohnpei shall provide educational services for the public. Compulsory education through a grade to be set by statute shall be enforced by law. Public education of citizens of Pohnpei through a grade as prescribed by statute shall be free of fees. Any fees imposed for public education shall be limited to the ability to pay.

(2) The Government of Pohnpei shall provide for the regulation of educational services. All public and private educational institutions shall comply with minimum standards of educational achievement which shall be established by the Government of Pohnpei.

(3) The Government of Pohnpei shall establish and faithfully execute comprehensive plans for the continual improvement of educational standards and services.

(4) The Government of Pohnpei shall establish and maintain a library, museum, and archives.

 

Section 4.  Health Services.

(1) The Government of Pohnpei shall provide health care services for the public.

(2) The Government of Pohnpei shall establish and faithfully execute comprehensive plans for the continual improvement in health care services.

(3) The Government of Pohnpei shall provide for the regulation of health care services.

 

Section 5.  History and Culture. The Government of Pohnpei shall establish and faithfully execute comprehensive plans for the identification, preservation, and administration, for the benefit of the public, of places, artifacts, and information of historical and cultural importance.

 

Section 6.  Public Safety.

(1) The Government of Pohnpei shall establish and faithfully execute comprehensive plans for continual improvement in the protection of the safety and security of persons and property.

(2) There shall be a Pohnpei Government agency responsible for maintaining peace and order in times of crisis and natural disaster.

 

Section 7.  Delegation of Administration. The Government of Pohnpei may delegate to the local government the authority to administer services described in this Article, provided that the Government of Pohnpei retains responsibility for policy and proper administration.

 

Section 8.  Skill Development. The Pohnpei Government shall have the responsibility to promote the development and evaluation of the skills of workers, as provided by law.

 

 

Article 8

Legislative

 

Section 1.  Legislative Power. The legislative power of the people of Pohnpei is vested in the Pohnpei Legislature as prescribed by this Constitution. The legislative power extends to all rightful subjects of legislation not inconsistent with this Constitution.

 

Section 2.  Apportionment. Each local jurisdiction shall constitute an electoral district for the Legislature. The number of members of the Legislature shall be established by law at the time of reapportionment. Reapportionment shall take place at least every ten years and may take place after each official census. Apportionment shall be on the basis of local citizenship. Each local government shall be represented by at least one member.

 

Section 3.  Terms of Office. Except for members chosen to fill vacancies the terms of the members shall commence on the second Monday in January following their election.

 

Section 4.  Qualifications. No person is eligible to serve as a member of the Legislature unless he is at least twenty-five years of age at the time his term of office commences; he has been a citizen of a local government of Pohnpei for at least twenty-five years at the time his term of office commences; and he has been a citizen of the local government that he represents for at least three years. A person convicted of a felony is ineligible to serve as a member of the Legislature unless he has received a pardon restoring his civil rights at least sixty days before he is elected. The Legislature shall be the sole judge of the qualifications of its members.

 

Section 5.  Conflict of Interest. No member of the Legislature may hold another public office in, be employed by, or receive other compensation or remuneration from any government, governmental instrumentality, or any organization whose income is derived principally from public moneys. A member of the Legislature may be a member of a constitutional convention.

 

Section 6.  Taking New Office. During the term for which he is elected or appointed, no member of the Legislature may be elected or appointed to any Pohnpei Government or local government office or employment which has been created or the compensation of which is established or increased by statute at any time during such term. As to the taking of a Pohnpei Government office, this prohibition shall not apply if the increase in compensation applies to all employees of the branch of government in which the office is located, and if the increase applies equally or in an equal proportion to all positions in the branch of government. This prohibition shall not apply to membership in a constitutional convention, or to taking an office whose compensation is otherwise increased if the member of the Legislature does not receive the increase in compensation.

 

Section 7.  Immunities. Members of the Legislature shall in all cases, except felony or breach of the peace, be privileged from arrest during and while going to or returning from sessions or committee meetings of the Legislature. A member is responsible only to the Legislature for his statements in the Legislature or a committee thereof.

 

Section 8.  Proceedings. The Legislature shall keep and publish a journal. All proceedings of the Legislature and its committees shall be open to the public, unless the Legislature or committee determines by unanimous vote that the public interest requires the proceeding to be closed. No vote of the Legislature may be by secret ballot, except for the election of its officers and confirmation of officials.

 

Section 9.  Investigations. As incidents of its authority, the Legislature and its duly authorized committees may conduct investigations, hold public hearings, subpoena witnesses and documents, and administer oaths. The rules of the Legislature shall provide for the enforcement of the contempt power and other incidents of legislative authority.

 

Section 10.  Sessions.

(1) The Legislature shall convene in regular session on the second Monday of January each year, or as soon thereafter as is practical, for such period and at such other times as may be provided by law.

(2) A special session of the Legislature may be convened either by the presiding officer of the Legislature upon a petition of one-third of its members, without regard to vacancies, or by the Governor. When the Legislature is convened by the Governor, the Legislature shall only consider the subjects stated in the convening call.

 

Section 11.  Quorum. Three-fourths of the members of the Legislature, without regard to vacancies, shall constitute a quorum. A smaller number than a quorum may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as the Legislature may provide, including suspension of salaries and allowances.

 

Section 12.  Bills and Resolutions.

(1) No law may be enacted except by bill. Each bill shall embrace only one subject, which shall be expressed in its title. A provision outside the subject expressed in the title is void.

(2) Each section of a law to be amended shall be set forth in the amending bill and reenacted at full length.

(3) The enacting clause of a bill shall be: “BE IT ENACTED BY THE POHNPEI LEGISLATURE:”.

(4) To become law, a bill shall pass two readings on separate days. The first reading may be on the day of introduction. Passage on second reading shall require the affirmative vote on roll call of a majority of the members of the Legislature, without regard to vacancies.

(5) A resolution shall be introduced as a proposal for a resolution and may be adopted on the day that it is introduced. It shall be adopted upon the affirmative vote of a majority of the members of the Legislature, without regard to vacancies.

 

Section 13.  Action on Bills by the Governor.

(1) Every bill that has passed the Legislature shall be certified by the presiding officer and the Clerk and presented to the Governor.

(2) The Governor shall have ten days to consider bills presented to him ten or more days before a recess of at least a week’s duration or before adjournment of the Legislature. For all other bills he has thirty calendar days after they are presented to him.

(3) If the Governor approves the bill, he shall sign it, and it becomes law.

(4) If the Governor does not approve the bill, he shall return it with his objections to the presiding officer of the Legislature. The Governor may disapprove any specific item or items of appropriation, in any bill that appropriates money for specific purposes, by striking out or reducing such item or items, but he may disapprove other bills only in their entirety.

(5) Any bill neither signed nor returned by the time specified shall become law as if the Governor had signed it.

 

Section 14.  Action by the Legislature on Disapproved Matters.

(1) After the Legislature has received a message of disapproval, the bill, item, or items disapproved shall become law on a single reading upon the affirmative vote of two-thirds of the members of the Legislature, without regard to vacancies.

(2) If the Legislature receives a message of disapproval within the last ten days of a session or after the adjournment of a session, the Legislature may reconsider the disapproved bill, item, or items, at the next session without regard to any limitations on the call.

 

Section 15.  Confirmation of Appointments. The confirmation of all appointments by the Governor of officers of the Government of Pohnpei shall require the affirmative vote of a majority of the members of the Legislature, without regard to vacancies.

 

Section 16.  Initial Apportionment of the Legislature. Until reapportionment, the members of the Legislature shall be apportioned among the local governments as follows: Kapingamarangi, one; Mwokil, one; Ngetik, one; Nukuoro, one; Pingelap, one; Kolonia Town, two; Net, two; Uh, two; Kitti, four; Madolenihmw, four; and Sokehs, four. The first reapportionment shall be made within ten years of the effective date of this Constitution [effective date is November 8, 1984] and shall apply to subsequent general elections.

 

 

Article 9

Executive

 

Section 1.  Governor: Executive Power. The executive power of the Government of Pohnpei is vested in the Governor who shall be elected by the qualified voters of Pohnpei.

 

Section 2.  Lieutenant Governor. There shall be a Lieutenant Governor. The Lieutenant Governor shall perform the duties delegated to him by the Governor and such other duties as may be prescribed by statute.

 

Section 3.  Qualifications.

(1) No person is eligible to become Governor or Lieutenant Governor unless he is a citizen of Pohnpei by birth; he is at least thirty-five years of age; and he has never been convicted of a felony.

(2) No person may serve more than two full consecutive terms as Governor, except that a person who serves as Governor less than two years during a term to which another person was first elected, may serve two full consecutive terms thereafter.

 

Section 4.  Election. Nominations for the office of Governor or the office of Lieutenant Governor shall be by petitions signed by qualified voters as provided by statute. If no candidate receives a majority of the votes cast for the office of Governor or Lieutenant Governor, a run-off election shall be held between the two candidates for that office receiving the highest number of votes. Tied elections shall be resolved in the manner prescribed by statute.

 

Section 5.  Terms of Office. The terms of office of the Governor and the Lieutenant Governor shall be four years and shall begin at noon on the second Monday in January following their election, and they shall hold office until the qualification of their successors.

 

Section 6.  Vacancy and Incapacity.

(1) The Lieutenant Governor shall become Governor when the office of Governor is vacant.

(2) The Lieutenant Governor shall serve as the Acting Governor when the Governor is absent from Pohnpei or is incapacitated. The Legislature shall provide by statute for the determination of incapacity.

(3) Statute shall provide for the filling of the vacancy when the office of the Lieutenant Governor is vacant.

 

Section 7.  Faithful Execution of Laws. The Governor is responsible for the faithful execution of the provisions of this Constitution and of all laws of Pohnpei.

 

Section 8.  Powers Over Criminal Penalties. The Governor may grant reprieves, commutations, and pardons after conviction of offenses other than impeachment, subject to regulation by statute.

 

Section 9.  Reports. The Governor shall report to the Legislature at the beginning of each regular session in January on the condition of Pohnpei, and he may do so at other times. He may recommend legislative measures for the consideration of the Legislature.

 

Section 10.  Executive Officers. Members of all policy-making boards, the chief officers of all executive departments and agencies, and such other executive officers as may be provided by law, shall be appointed by the Governor with the approval of the Legislature by affirmative vote of the majority of the members, without regard to vacancies. The chief officers of the executive departments and other executive agencies shall serve at the pleasure of the Governor. Such officers may be removed by the Governor or be impeached in accordance with Article 13, Section 6, of this Constitution.

 

Section 11.  Executive Reorganization. The executive branch, or any part thereof, may be reorganized by statute or by executive reorganization plan. Executive reorganization plans shall be presented by the Governor to the Legislature. The Legislature may reject an executive reorganization plan or any portion of it by resolution within thirty session days after its presentation. If the Legislature is not in session at the time of presentation, the Governor shall call a special session to consider the plan.

 

 

Article 10

Judiciary

 

Section 1.  Judicial Power. The judicial power of Pohnpei is vested in the Pohnpei Supreme Court, and in such inferior courts as may be established by law.

 

Section 2.  Inferior Courts and Adjudicatory Bodies. Inferior courts and adjudicatory bodies may be established by statute. They shall have such original jurisdiction, concurrent with the Pohnpei Supreme Court, as may be established by statute. All judges and members of adjudicatory bodies shall be nominated by the Governor with approval by affirmative vote of a majority of the members of the Legislature, without regard to vacancies.

 

Section 3.  Pohnpei Supreme Court: Membership.

(1) The Pohnpei Supreme Court shall consist of a Chief Justice and not more than four associate justices who shall be nominated by the Governor with the approval by affirmative vote of a majority of the members of the Legislature, without regard to vacancies.

(2) The Legislature shall provide by statute for the service of temporary justices. Their nominations shall also be subject to the approval of the Legislature in the same manner as the other justices.

 

Section 4.  Pohnpei Supreme Court: Jurisdiction.

(1) The Pohnpei Supreme Court is a court of record and is the highest court of Pohnpei.

(2) The trial division of the Pohnpei Supreme Court has original jurisdiction over all civil and criminal cases within the jurisdiction of Pohnpei and appellate jurisdiction over the decisions of all inferior courts and adjudicatory bodies.

(3) The appellate division of the Pohnpei Supreme Court has appellate jurisdiction over all matters in the trial division.

(4) The right to a new trial and to appeal decisions of inferior courts and adjudicatory bodies to the Pohnpei Supreme Court shall be preserved.

(5) No appeal on any matter relating to the Constitution, Pohnpei law, customs and traditions may be made to any other court, except the Pohnpei Supreme Court.

 

Section 5.  Pohnpei Supreme Court: Divisions.

(1) Unless otherwise provided by law, each Pohnpei Supreme Court justice shall be a member of the trial division and the appellate division of the Pohnpei Supreme Court. A justice who has heard a case in the trial division may not participate in the decision of the case in the appellate division.

(2) A single justice may hear a case in the trial division. No fewer than three justices shall hear and decide cases in the appellate division. A single justice may make interlocutory appellate orders, subject to review by a full appellate panel of justices hearing the appeal.

 

Section 6.  Pohnpei Supreme Court: Qualifications. No person is eligible to serve as a justice of the Pohnpei Supreme Court unless he is at least thirty-five years of age. A person convicted of a felony is ineligible to serve.

 

Section 7.  Pohnpei Supreme Court: Term. A justice of the Pohnpei Supreme Court shall serve for a term of twelve years provided that he may continue to serve until a successor who has been nominated is confirmed. A justice may be reappointed.

 

Section 8.  Compensation. Compensation of all justices, judges, and members of adjudicatory bodies shall be prescribed by law. Compensation may not be diminished during their terms of office, except by general law and in the same proportion applying to all officers and employees of the Government of Pohnpei.

 

Section 9.  Administration. The Chief Justice is the administrative head of the judicial system of Pohnpei. The administration of the Pohnpei judicial system, including personnel, property, finance, and budget matters, is independent of the legislative and executive branches of the Government of Pohnpei. The Chief Justice shall be responsible for preparation of the annual budget of the Judiciary, which shall be submitted to the Legislature through the Governor. The Governor may submit his comments on the Judiciary budget, but he may not revise it or reduce it.

 

Section 10.  Rules. The Pohnpei Supreme Court shall have the authority to promulgate or to amend its rules of procedure and rules of conduct of the Judiciary and its employees, and rules governing the property of the Judiciary. Such rules shall have the effect of law, and may be amended by statute.

 

Section 11.  Judicial Policy. The decisions of all courts and adjudicatory bodies shall be consistent with this Constitution and the concepts of justice of the people of Pohnpei.

 

 

Article 11

Public Finance

 

Section 1.  Taxation Power. The Government of Pohnpei shall have the authority to levy any tax and fee not prohibited under this Constitution.

 

Section 2.  Local Government Taxes. Local governments may levy a surtax on a tax levied by the Government of Pohnpei. The surtax levied by the local governments shall not exceed twenty percent of the tax set by the Legislature, unless expressly authorized by statute. The Legislature may authorize the local governments to impose other taxes under such conditions as may be prescribed by statute. Local governments have the sole authority to levy business license fees.

 

Section 3.  Revenue Sharing. Not less than thirty percent of all taxes received by the Government of Pohnpei from sources within Pohnpei shall be appropriated to local governments for development projects and operations identified in local plans. Local plans shall be adopted by statute only after extensive public hearings in the respective local jurisdictions. Such funds shall be apportioned by population on the basis of local citizenship.

 

Section 4.  Taxation of Government Property. Property of the Government of Pohnpei and property of the local governments shall not be taxed.

 

Section 5.  Taxation and Appropriation for Public Purposes. No tax may be levied or money appropriated except for public purposes.

 

Section 6.  Pohnpei Treasury. The Legislature shall provide by statute for the organization of the Pohnpei Treasury. The Pohnpei Treasury shall contain a General Fund and special funds established by law. All revenues of the Government of Pohnpei shall be deposited into the General Fund or a special fund, as provided by law.

 

Section 7.  Obligation of Funds. The obligation for the payment of money and the withdrawal of money from the Pohnpei Treasury may only be made in accordance with law.

 

Section 8.  Auditor.

(1) There shall be an Auditor appointed by the Governor with the approval of the Legislature by affirmative vote of the majority of the members, without regard to vacancies, to serve for a term of four years and until his successor is appointed and confirmed. Within thirty days before the end of each four-year term, the Auditor may be removed by affirmative vote of two-thirds of the members of the Legislature, without regard to vacancies.

(2) The Auditor shall be responsible for conducting audits of all financial transactions and of all accounts kept by or for all departments, offices, agencies, and instrumentalities of the Government of Pohnpei and of the local governments. All such accounts shall be audited at least once every two years. All financial statements issued by Government accounting officers shall require the certification of their accuracy by the Auditor.

(3) The Auditor shall annually report his findings and recommendations to the Governor and the Legislature. The Auditor shall make such additional reports and provide such additional information as he may deem appropriate and as the Legislature may require by law.

(4) The Auditor shall require the establishment of accounting systems that will ensure strict financial accountability.

(5) The Auditor may employ his own staff and may contract for professional accounting services and other services that he may deem necessary.

(6) The Auditor shall annually prepare the budget which shall be submitted to the Legislature through the Governor. The Governor may submit his comments, but he may not revise or reduce it.

 

Section 9.  Fiscal Reports. Within the time prescribed by statute, the Governor shall annually submit to the Legislature a report identifying the revenues and funds anticipated to be available to the Government of Pohnpei for the forthcoming fiscal year, as well as such other fiscal information as the Legislature may require by law.

 

Section 10.  Budget Submission. The Governor shall prepare a budget for the forthcoming fiscal year for the operations of all Pohnpei Government agencies, except the Auditor, and the legislative and judicial branches, and for other purposes. The Governor shall submit the budget to the Legislature within the time prescribed by statute. The Governor shall also receive and may comment on the budget of the Auditor, the Legislature, and the Judiciary, which he shall promptly submit to the Legislature. Budgets shall be in such form and shall provide such information as may be required by law.

 

Section 11.  Budget Act.

(1) After receiving the report of anticipated revenues and other funds, and after receiving the budget of all Pohnpei Government agencies, and taking into account the requirements for funding capital improvements, development projects, and assistance to local governments, the Legislature shall enact a comprehensive operations budget authorization law for the forthcoming fiscal year. Such law may subsequently be amended.

(2) Except as required by a state of emergency declared by the Governor in accordance with this Constitution, no appropriation for operations of any government agency may be made except in accordance with the comprehensive operations budget authorization law.

 

Section 12.  Control of Expenditures. Provision shall be made by law to control the rate of expenditures, when funds appear insufficient to meet anticipated expenditures for the fiscal year.

 

Section 13.  Public Credit. The Government of Pohnpei may not borrow money on public credit except as authorized by statute for economic development and the construction and major repair of public facilities. Every statute authorizing the borrowing of money on the public credit shall identify the source of adequate funds which shall be dedicated to the repayment of such obligations.

 

 

Article 12

Land

 

Section 1.  Limitation of Leaseholds. No lease of land, except from the Government or as provided in Section 4 of this Article, may exceed twenty-five years. The right for option to renew and other protections shall be provided by statute.

 

Section 2.  Acquisition of Permanent Interest in Real Property. The acquisition of permanent interest in real property shall be restricted to Ponapean citizens who are also pwilidak of Pohnpei, as specified under Article 3 of this Constitution.

 

Section 3.  Indefinite Land-Use Agreements. An agreement that grants the user of land the unilateral authority to continue use for an indefinite term is prohibited.

 

Section 4.  Land Legislation. The Legislature may provide, by appropriate legislation procedures to permit leases and other uses of land in excess of the limits prescribed in Section 1 of this Article.

 

Section 5.  Land Sales. No land shall be sold, except as authorized by statute.

 

Section 6.  Acquisition of Land for Public Purposes. The power to take interests in land may be exercised by the Government of Pohnpei for public purposes. No taking shall occur until after consultation with the local government concerned, good-faith negotiation with the owners of such interests, which shall include the offer to exchange the land for land of comparable value, or a payment of just compensation.

 

Section 7.  Land Offices and Adjudicatory Bodies. To the extent that it is practical, all administrative functions relating to land shall be under a single office.

 

 

Article 13

General Provisions

 

Section 1.  Official Languages. The official languages of the Pohnpei Government shall be the Pohnpei language and the English language.

 

Section 2.  Harmful Substances.

(1) Nuclear, chemical, gas, and biological weapons, nuclear power plants, and waste materials therefrom, including high-level and low-level radioactive waste, shall not be introduced, stored, used, tested, or disposed of within any part of the jurisdiction of Pohnpei, except if such action is specifically and expressly permitted by a majority of votes cast in a referendum by the people of Pohnpei.

(2) The Legislature shall provide by statute for the strict control of harmful substances not listed under Subsection 1 of this Section, limiting their introduction, storage, use, and disposal within the jurisdiction of Pohnpei to activities necessary for the enhancement of public health, public safety, and economic development.

 

Section 3.  Capital of Pohnpei. The capital of Pohnpei shall be established by statute. The properties used by the Government of Pohnpei shall be under the jurisdiction of the Government of Pohnpei.

 

Section 4.  Government Property. Government property may not be transferred to private use or disposed of except pursuant to procedures established by law.

 

Section 5.  Ethical Conduct. The Legislature shall enact a code of ethical conduct for officials and employees of the Government of Pohnpei and shall prescribe administrative and criminal penalties for violation of the code.

 

Section 6.  Impeachment.

(1) The Governor, Lieutenant Governor, Auditor, members of the Legislature, justices or judges of any Court, and all appointed officials of the Government of Pohnpei may be impeached, but only for misconduct in office, neglect of duty, incapacity, or conviction of an offense of moral turpitude.

(2) Upon the adoption of a resolution of impeachment by three-fourths of the members of the Legislature, without regard to vacancies, a notice of impeachment shall forthwith be served upon the official by the Legislature.

(3) Upon service of the notice of impeachment, the official shall be suspended from his duties, but with pay, pending judgment.

(4) A tribunal composed of three Justices of the Pohnpei Supreme Court shall be convened by the Chief Justice, or by the Governor in the event of impeachment of the Chief Justice. The tribunal shall appoint a special prosecutor with the approval of a majority of the members of the Legislature, without regard to vacancies. A conviction of impeachment shall require the vote of two-thirds of the members of the tribunal.

(5) Judgment in cases of impeachment shall not extend beyond removal from office; but a person so convicted may nevertheless be subject to indictment, trial, judgment, and punishment according to the law.

 

Section 7.  Recall.

(1) The Governor, Lieutenant Governor, and members of the Legislature may be removed from office by recall.

(2) To recall the Governor or Lieutenant Governor, a petition signed by thirty-five percent of the registered voters of Pohnpei must be submitted to the presiding officer of the Legislature, who shall forthwith appoint a Special Election Commissioner, to whom the voter registration lists of Pohnpei shall forthwith be presented. Within fifteen days, the Special Election Commissioner shall determine the validity of the petition. If the petition is valid, a recall election shall be held within thirty days of the determination of validity, on the date specified by the Special Election Commissioner. The official shall be recalled upon the affirmative vote of sixty percent of the registered voters of Pohnpei.

(3) To recall a member of the Legislature, a petition signed by thirty-five percent of the registered voters of the electoral district must be submitted to the Governor, who shall forthwith transmit the petition to the Election Commissioner. Within fifteen days, the Election Commissioner shall determine the validity of the petition. If the petition is valid, a recall election shall be held within thirty days of the determination of validity, on the date specified by the Election Commissioner. The member of the Legislature shall be recalled upon the affirmative vote of fifty-one percent of the registered voters of the electoral precinct he represents.

 

Section 8.  Compensation of Government Officials.

(1) The salaries and allowances for all elected and appointed officers shall be set by law.

(2) The salaries and allowances for all elected and appointed officers may be reapportioned every five years.

(3) The salaries and allowances for all elected and appointed officers may be reduced at any time, provided that such a decrease applies to all such officers in an equal amount.

 

Section 9.  Declaration of Emergencies.

(1) The Governor may declare a state of emergency and issue appropriate decrees, to preserve the public peace, health, or safety, at a time of extreme emergency caused by civil disturbance, epidemic, natural disaster, or immediate threat of war.

(2) A declaration of emergency may impair a civil right only to the extent actually necessary to preserve peace, health, or safety. A declaration of emergency may be subject to judicial review.

(3) The Legislature may amend or revoke a declaration of emergency at any time by resolution. Unless the declaration expires earlier, the Legislature shall convene within thirty days to consider the declaration of emergency. Unless a declaration expires earlier, is revoked, amended, or repealed, a declaration of emergency shall be in effect for thirty days.

 

 

Article 14

Local Governments

 

Section 1.  Local Governments. The local governments comprising the Pohnpei Govenment on the effective date of this Constitution [November 8, 1984] are Kapingamarangi, Kitti, Kolonia Town, Madolenihmw, Mwokil, Net, Ngetik, Nukuoro, Pingelap, Sokehs, and Uh.

 

Section 2.  Constitutions of the Local Governments. Each local government may establish its own constitution. Such constitution shall not be inconsistent with this Constitution or Pohnpei law, in effect on the effective date of this Constitution [November 8, 1984] and may provide a functional role for traditional leaders.

 

Section 3.  Local Government Authority. The local governments may exercise all authority not prohibited under this Constitution and Pohnpei law.

 

Section 4.  Local Government Boundaries.

(1) This Constitution does not change the boundaries of the local governments.

(2) No local government may be divided or consolidated.

 

Section 5.  Areas Outside the Local Governments. Areas within the jurisdiction of Pohnpei located outside the boundaries of the local governments shall be administered by the Government of Pohnpei until such time as, by statute, such areas are incorporated into existing local governments with the consent of the affected local governments or are established as separate local governments having the same rights as the other local governments.

 

 

Article 15

Amendment

 

Section 1.  Proposal for Amendment by Legislature. The Legislature may propose an amendment to this Constitution. Such proposed amendment shall require approval by affirmative vote of three-fourths of the members of the Legislature, without regard to vacancies. It shall be transmitted to the Governor for his consideration in the manner prescribed in this Constitution for consideration of bills. If the Governor approves the proposed amendment, it qualifies for ratification.  If the Governor disapproves the proposed amendment, he shall return it to the Legislature in the manner prescribed in this Constitution for the return of disapproved bills. The Legislature may reconsider the proposed amendment. If the Legislature again approves the proposed amendment by affirmative vote of three-fourths of the members, without regard to vacancies and in the manner prescribed in this Constitution, for disapproved bills, the proposed amendment qualifies for ratification.

 

Section 2.  Proposal for Amendment by Petition. An amendment to this Constitution may be proposed by presenting to the Governor a petition that sets forth the text of the proposed amendment and bears the signatures of at least one third of the registered voters of Pohnpei. The Governor shall have the petition examined and, within ninety days after presentation to him, he shall determine whether the petition has the requisite number of signatures of registered voters. Upon certification that the petition contains the requisite number of signatures, the proposed amendment qualifies for ratification.

 

Section 3.  Subject of Proposed Amendment. A proposed amendment, whether proposed by the Legislature or by initiative petition, shall include only one subject.

 

Section 4.  Ratification of Proposed Amendment.

(1) The proposed amendment shall be submitted for ratification at an election, whether general or special, held not less than ninety days nor more than one hundred eighty days after the proposed amendment qualifies.

(2) A proposed amendment shall take effect only if approved by not less than two-thirds of the vote cast on the amendment, and at least fifty percent of the registered voters of Pohnpei at the time of the election.

 

Section 5.  Adoption of Amendment. The Legislature shall provide procedures for the adoption of amendments and implementation of this Article.

Notes: 1. The Constitution of Pohnpei was adopted by the Constitutional Convention on March 5, 1984. 2. On September 24, 1984, a referendum on the draft Pohnpei Constitution was held. 3. On October 9, 1984, the Governor issued an official proclamation that the Pohnpei Constitution had been ratified. 4. The Constitution took effect on November 8, 1984, 30 days after proclamation by the Governor of the result.

Legislative history: 1. S.L. No. 2L-131-82, 7/9/82 created a constitutional convention for the state of Pohnpei, prescribing its powers, duties, and functions and authorizing appropriation. 2. S.L. No. 2L- 131-82 was amended by S.L. No. 2L-137-82, 10/1/82, S.L. No. 2L-159-82, 12/10/82, S.L. No. 2L-180-83, 7/1/83, S.L. No. 2L-195-83, 9/13/83, S.L. No. 2L-213-83, 11/2/83, S.L. No. 3L-17-84, 7/9/84, and S.L. No. 3L-32-84, 9/5/84. 3. S.L. No. 2L-214-83, 10/1/83 authorizes funding. 4. S.L. No. 3L-18-84, 7/9/84 created a committee to draft an education component to the Constitution. 5. S.L. No. 3L-33-84, 9/10/84 prescribed the process of referendum, implementation, and transition.

 

 

 

 

 

TITLE 1

GENERAL

 

 

 

 

CHAPTER

1  SOURCES OF LAW AND RULES OF CONSTRUCTION

2  PROCEDURE TO AMEND CONSTITUTION

3 – 5  [reserved]

6  NAMES, EMBLEMS, SYMBOLS, AND Anthem

7  HOLIDAYS

8  Census

 

 

 

 

chapter 1

sources of law and rules of construction

 

 

Section

1-101  Legislative intent of Code

1-102  Enactment of the Code as positive law

1-103  Effective date of the Code

1-104  Amendments, revisions, and replacements

1-105  Authoritative version of Code; digital version and internet presentation

1-106  Code classification, organization, and editorial material not to be construed as part of Code

1-107  Citation of Code

1-108  Construction of Code

1-109  Conflicting provisions of the Code

1-110  Severability of provisions of the Code

1-111  Words and phrases generally

1-112  Words denoting number, etc.

1-113  English language text to prevail; exception

1-114  Supersession of prior laws by Code; exceptions

1-115  Repeal of code provisions, acts, and statutory orders by the Code

1-116  Repeal of Spanish, German, and Japanese laws

1-117  Enactment of Code not to validate constitutionally invalid acts

1-118  Enactment of Code not to invalidate or affect rules and regulations

1-119  Enactment of Code not to validate invalid, unauthorized or defective rules and regulations

1-120  Enactment of Code not to affect existing legalities

1-121  Continuation of laws, ordinances, and regulations

1-122  Local customs; customary law

1-123  Applicability of common law

1-124  Land law not affected

1-125  Amendments and revisions to the Code

1-126  Effect of repeal of repealing statutes

1-127  Code to be property of the Pohnpei Government; penalties

1-128  Tampering with Code; violations

 

 

1 PC 1-101.  Legislative intent of Code.

(1) It is the intent of the Pohnpei Legislature that the Official Code of the State of Pohnpei, enacted pursuant to 1 PC 1-102, shall be the official codification, revision, modernization, and re-enactment of the laws and statutory orders of the state of Pohnpei which are currently in force in the state and which have an application of a general and permanent nature.

(2) Consistent with Subsection (1) of this section, it is the intent of the Pohnpei Legislature through the enactment of this Code to resolve conflicts which exist in such laws and statutory orders and to repeal such laws and statutory orders that:

(a) Are of Trust Territory or district origin and are no longer relevant or applicable to the constitutional government of this state or the principles of federalism embodied in the Constitution of the Federated States of Micronesia;

(b) Have become obsolete through the passage of time or for other causes;

(c) Have been declared unconstitutional or have otherwise been rendered legally invalid; or

(d) Have been superseded, directly or by implication, by the enactment of later laws.

            (3) Except as otherwise specifically provided in this Code, the enactment of the Code is not intended to alter the substantive law in existence on the effective date of this Code.

Source: S.L. No. 6L-79-06 §1-101, 11/1/06

Cross-reference: See 1 PC 1-103

 

1 PC 1-102.  Enactment of the Code as positive law. The statutory portion of the codification of the laws of the state of Pohnpei, incorporated by reference as the document attached to the statute enacting the Code [S.L. No. 6L-79-06], is hereby enacted as the positive law of Pohnpei, which document is known and hereafter referred to as the “Official Code of the State of Pohnpei” and which shall have the full force and effect of statutory law.

Source: S.L. No. 6L-79-06 §1-102, 11/1/06

 

1 PC 1-103.  Effective date of the Code. The effective date of this Code shall be January 1, 2006; PROVIDED, HOWEVER, that the Code shall include the codified provisions of the codification statute [S.L. No. 6L-79-06].

Source: S.L. No. 6L-79-06 §1-103, 11/1/06

 

1 PC 1-104.  Amendments, revisions, and replacements. Subsequent versions of the Code shall include all amendments, revisions, and replacements thereof enacted by statute of the Pohnpei Legislature following the effective date of this Code.

Source: S.L. No. 6L-79-06 §1-104, 11/1/06

Cross-reference: See 1 PC 1-103

 

1 PC 1-105.  Authoritative version of Code; digital version and internet presentation.

(1) The authoritative version of the Code shall be the printed version of the Code, and all amendments, revisions, and replacements thereof as enacted by the Pohnpei Legislature and on file in the Division of Legislative Counsel of the Pohnpei Legislature as provided by Chapter 4 of Title 2 of this Code.

(2) Digital versions of the Code may be prepared by the Division of Legislative Counsel for distribution in CD-ROM or DVD format and for presentation on the internet, which versions and presentations may vary in layout, format, citation, and numbering, consistent with the interactive nature of digital documents and presentations; PROVIDED that in the event of conflict, the printed version referred to in Subsection (1) of this section shall prevail.

Source: S.L. No. 6L-79-06 §1-105, 11/1/06

 

1 PC 1-106.  Code classification, organization, and editorial material not to be construed as part of Code.

(1) Code classifications, organization, and headings for units of the Code such as divisions, titles, chapters, subchapters, parts, sections, and other units are made for the purpose of convenient reference and orderly management and shall not be a part of the statutory provisions of the Code, nor shall any explanatory language separated by brackets and in italics, or any source descriptions, editorial notes, historical summaries, annotations, cross-references, headers, footers or other editorial material be construed as a statutory part of the Code. No implication, inference or presumption of a legislative construction shall be drawn therefrom.

Source: S.L. No. 6L-79-06 §1-106, 11/1/06

 

1 PC 1-107.  Citation of Code.

(1) Sections of the Code may be cited by the abbreviation “PC”, preceded by the title number and succeeded by the chapter number, a dash, and the section number. For example, this section would be cited as “1 PC 1-107”, representing Section 107 of Chapter 1 of Title 1 of the Official Code of the State of Pohnpei.

(2) Unless the context clearly requires otherwise, any reference in this Code or in any law, rule or regulation of this state to a provision of the Code shall be construed to refer to the Code as it now or hereafter exists.

Source: S.L. No. 6L-79-06 §1-107, 11/1/06

 

1 PC 1-108.  Construction of Code. The provisions of this Code shall be construed according to the fair construction of their terms, with a view to affect its object and to promote justice.

Source: S.L. No. 6L-79-06 §1-108, 11/1/06

 

1 PC 1-109.  Conflicting provisions of the Code. Two or more provisions of the Code which relate to the same subject matter shall be construed together in such manner as to give full effect to each provision, except in case of an irreconcilable conflict. In case of an irreconcilable conflict the provision last acted upon by the Legislature is controlling to the extent of such conflict. The provision last acted upon is determined by reference to the date of passage by the Legislature on final reading of the statute establishing or amending the provision, or if the enactment is vetoed, then upon the date of passage thereof over the Governor’s veto. An irreconcilable conflict between two or more acts which amend the same provision of the Code exists only if the amendatory acts make inconsistent changes in the provision as it theretofore existed.

Source: S.L. No. 6L-79-06 §1-109, 11/1/06

 

1 PC 1-110.  Severability of provisions of the Code. Except as otherwise specifically provided in this Code, in the event any title, chapter, subchapter, part, section, subsection, paragraph, subparagraph, item, sentence, clause, phrase, or word of this Code is declared or adjudged to be unconstitutional, such declaration or adjudication shall not affect the remaining portions of the Code which shall remain in full force and effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of this Code.

Source: S.L. No. 6L-79-06 §1-110, 11/1/06

 

1 PC 1-111.  Words and phrases generally. Words and phrases, as used in this Code or in any regulation issued pursuant thereto, shall be read with their context and shall be construed according to the common and approved usage of the English language. Technical words and phrases and such other words and phrases as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to their peculiar and appropriate meaning.

Source: S.L. No. 6L-79-06 §1-111, 11/1/06

 

1 PC 1-112.  Words denoting number, etc. As used in this Code unless it is otherwise provided or the context requires a different construction, application or meaning:

(1) Words importing the singular include and apply to several persons, parties or things;

(2) Words importing the plural include the singular;

(3) Words importing the masculine gender include the feminine; and

(4) Words used in the present tense include the future.

Source: S.L. No. 6L-79-06 §1-112, 11/1/06

 

1 PC 1-113.  English language text to prevail; exception. Except for the official Pohnpeian version of the Pohnpei Constitution, whenever any provision of this Code, or any regulation, document or instrument adopted pursuant thereto shall have been translated in whole or in summary from English to a local language, should there be a possible difference of interpretation between the English text and the local translation, the English language text shall prevail and govern in the decision of all cases.

Source: S.L. No. 6L-79-06 §1-113, 11/1/06

 

1 PC 1-114.  Supersession of prior laws by Code; exceptions.

(1) All codes and statutes of the Trust Territory of the Pacific Islands (having application as the law of this state), and all codes and statutes of the district of Ponape and the state of Pohnpei, or portions of such codes and statutes, having general and permanent application, as well as orders of the Secretary of the Department of the Interior of the United States Government (having application as the law of this state), the High Commissioner of the Trust Territory of the Pacific Islands (having application as the law of this state), and the District Administrator of Ponape District (having the effect of law), which code provisions, acts, and statutory orders are codified in this Code, are hereby superseded in their entirety in the form embodied in this Code, unless such code provisions, acts or statutory orders, without regard to their appearance in this Code, are:

(a) Expressly continued as a separate law by this Code; or

(b) Omitted improperly or erroneously as a consequence of the compilation, revision or both, of the laws or statutory orders enacted or promulgated prior to the effective date of this Code.

(2) In the event of one of the exceptions stated in Subsection (1) of this section should be applicable, the law existing prior to the enactment of this Code shall continue to be valid, effective, and controlling.

Source: S.L. No. 6L-79-06 §1-114, 11/1/06

 

1 PC 1-115.  Repeal of code provisions, acts, and statutory orders by the Code.

(1) All provisions of the Trust Territory Code, orders of the Secretary of the Department of the Interior of the United States Government, and orders of the High Commissioner of the Trust Territory having the effect of the law of this state, and all enactments of the territorial Congress of Micronesia and Interim Congress of the Federated States of Micronesia having application as the law of this state and not superseded by provisions in this Code or continued as separate law

Source: S.L. No. 6L-79-06 §1-115, 11/1/06

 

1 PC 1-116.  Repeal of Spanish, German, and Japanese laws. All laws, regulations, orders, and ordinances heretofore enacted, issued, made or promulgated by Spanish, German or Japanese authority which are still in force in the state of Pohnpei are hereby repealed except as provided in §1-124; PROVIDED, HOWEVER, that nothing in this Code shall change the effect of local custom which may have been included within the scope of laws, regulations, orders or ordinances enacted, issued, made or promulgated as aforesaid.

Source: TTC §23 (1966); 1 TTC §104 (1970); 1 TTC §104 (1980)

 

1 PC 1-117.  Enactment of Code not to validate constitutionally invalid acts. The enactment of this Code shall not validate an act or any portion thereof, which is constitutionally invalid.

Source: S.L. No. 6L-79-06 §1-117, 11/1/06

 

1 PC 1-118.  Enactment of Code not to invalidate or affect rules and regulations. Unless otherwise provided, the enactment of this Code and the incorporation of law and statutory order herein, shall not invalidate or affect any rules or regulations, promulgated pursuant to laws or statutory orders so codified herein, which were in effect on the effective date of this Code. Such rules and regulations shall remain in full force and effect under the authority of the codified provisions relative thereto until otherwise provided.

Source: S.L. No. 6L-79-06 §1-118, 11/1/06

 

1 PC 1-119.  Enactment of Code not to validate invalid, unauthorized or defective rules and regulations. The enactment of this Code shall not validate or authorize a rule or regulation, or any part thereof, or cure any defect therein, which would otherwise be invalid, unauthorized or defective on or before the effective date of this Code.

Source: S.L. No. 6L-79-06 §1-119, 11/1/06

 

1 PC 1-120.  Enactment of Code not to affect existing legalities.

(1) The enactment of this Code shall not affect or impair any existing right, remedy or defense, nor affect, impair, discharge or release any existing contract, obligation, duty or liability of any kind. It shall not affect any pending suit or action, prosecution now commenced or which shall be hereafter commenced, for any action or offense committed or omitted prior to the effective date of this Code. The law in existence immediately prior to the enactment of this Code shall continue in force with respect to all such suits, actions, and prosecutions.

(2) The supersession, repeal, re-enactment, revision, amendment or consolidation of any act or statutory order, or portion thereof, by the enactment of this Code shall not release, extinguish, alter, modify or change, in whole or in part, any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such act or statutory order, or portion thereof, so affected by the enactment of this Code, unless otherwise expressly provided by this Code. The superseded, repealed, re-enacted, revised, amended or consolidated act or statutory order, or portion thereof, shall be treated and held as remaining in force for the purpose of sustaining any and all suits, actions or prosecutions, civil or criminal, for the enforcement of any penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such suits, actions or prosecutions imposing, inflicting or declaring a penalty, forfeiture or liability.

(3) When a limitation or period of time prescribed in any act or statutory order in effect on or before the effective date of this Code, for acquiring a right, barring a remedy or for any other purpose has begun to run before the effective date of this Code, and when a limitation or period of time is prescribed in this Code for acquiring the right, barring the remedy or for any other purpose, then the time which has already run shall be deemed to be part of the time prescribed by the limitation or period in this Code.

Source: S.L. No. 6L-79-06 §1-120, 11/1/06

 

1 PC 1-121.  Continuation of laws, ordinances, and regulations. All laws of the government of the state of Pohnpei, local government ordinances, and administrative regulations in force immediately before the effective date of the Constitution of Pohnpei [November 8, 1984] shall, to the extent they are consistent with the Constitution, continue in force until they expire by their own limitations or are amended, superseded or repealed.

Source: S.L. No. 3L-33-84 §3, 9/10/84

Note: S.L. No. 3L-33-84 §§1, 2, 4 – 6, & 8 temporary provisions have been omitted.

 

1 PC 1-122.  Local customs; customary law. The customs of the inhabitants of the state of Pohnpei not in conflict with the statutory laws of the state of Pohnpei shall be preserved. The recognized customary law of the state of Pohnpei shall have the full force and effect of law so far as such customary law is not in conflict with the statutory law of the state of Pohnpei.

Source: TTC §21 (1966); 1 TTC §102 (1970); 1 TTC §102 (1980)

Note: Reference to 1 TTC §101 (1980) has been omitted.

 

1 PC 1-123.  Applicability of common law. The rules of the common law, as expressed in the restatements of the law approved by the American Law Institute and, to the extent not so expressed, as generally understood and applied in the United States of America, shall be the rules of decision in the courts of the state of Pohnpei in applicable cases, in the absence of written law applicable to the state of Pohnpei or local customary law applicable under 1 PC 1-122 to the contrary and except as otherwise provided in 1 PC 1-124; PROVIDED, that no person shall be subject to criminal prosecution except under the written laws of the state of Pohnpei or recognized local customary law not inconsistent therewith.

Source: TTC §22 (1966); 1 TTC §103 (1970); 1 TTC §103 (1980)

Note: Reference to 1 TTC §101 (1980) has been omitted.

 

1 PC 1-124.  Land law not affected. The law concerning ownership, use, inheritance, and transfer of land in effect in any part of the state of Pohnpei on December 1, 1941, shall remain in full force and effect, except to the extent that it has been or may hereafter be changed by express written enactment made under authority of the state of Pohnpei.

Source: TTC §24 (1966); 1 TTC §105 (1970); 1 TTC §105 (1980)

Note: The word "except" appears after "full force and effect" in TTC §24 (1966). See Public Law 3C-51, §1 and §3, 9/22/70.

 

1 PC 1-125.  Amendments and revisions to the Code.

(1) All statutes enacted after the effective date of this Code of a general and permanent nature shall be enacted as amendments and revisions of this Code. No local, private or temporary act or acts and no acts appropriating funds shall be enacted as amendments to this Code. If the subject matter of any law is already generally embodied in one or more of the titles of this Code or can be appropriately classified therein, that new law shall be enacted as an amendment to that title or titles of the Code. If it is not possible to classify the subject matter of a new law in an existing title, a new title shall be enacted with appropriate chapter, subchapter, part, and section headings. New titles shall be given names which are broad and comprehensive in scope so that each title so created will accommodate the greatest number of new laws having related subject matter.

(2) In the enactment of new laws amending or revising this Code, the overall structure, style, format, arrangement, and classification of the Code shall be followed as closely as possible with the result that the Code and all amendments and revisions thereto will comprise a logical and harmonious entity containing all the laws of the state of a general and permanent nature.

(3) The reserved portions of the Code are for the purpose of accommodating future growth and expansion of the Code through the insertion of laws in logical places within the Code. Sections have been reserved in the initial legislation enacting this chapter for the purpose of insertion of existing code and statutory provisions and the addition of new laws having relevance to the contents of this chapter. When a unit of the Code, such as a title, chapter or subchapter, is repealed in its entirety, that unit number may be reserved for future use.

(4) Amendments or revisions to the Code which insert new units of the Code in places where reserved space is not available shall utilize an alphabetical suffix to the unit number, such as “Chapter 1A” or “Section 1-125A”. Subsequent publications of the Code may provide for the renumbering of the unit and the renumbering of its preceding and succeeding units to re-establish a direct numbering system without the necessity of further statutory enactment for the renumbering thereof.

Source: S.L. No. 6L-79-06 1 PC 1-125, 11/1/06

 

1 PC 1-126.  Effect of repeal of repealing statutes. No unit or provision of this Code which is repealed by statute shall be deemed to be revived by the repeal of the repealing act.

Source: S.L. No. 6L-79-06 §1-126, 11/1/06

 

1 PC 1-127.  Code to be property of the Pohnpei Government; penalties.

(1) The Official Code of the State of Pohnpei is the property of the Pohnpei Government, which shall have exclusive rights to the commercial publication, sale, and distribution thereof in printed, digital, and internet form. Any person who so publishes, sells or otherwise distributes copies or facsimiles thereof to the public for commercial purposes representing such printed document, digital copy or internet presentation to be the official embodiment of the general and permanent laws of the state, or who shall represent to the public that he or she has such authority, without the express permission of the Pohnpei Government as provided in Chapter 4 of Title 2 of this Code, shall be subject to a civil penalty of not more than $1,000. In addition, any profits made from the sale or distribution in violation of this section shall be forfeit to the Government of Pohnpei.

(2) The prohibitions of Subsection (1) of this section shall not be construed to restrict the presentation of citations of portions of this Code in legal proceedings or the good faith use thereof in the administration of the law, education, research or related endeavors, nor to restrict the use of hyperlinks to web servers authorized to display the Code on the internet.

Source: S.L. No. 6L-79-06 §1-127, 11/1/06

 

1 PC 1-128.  Tampering with Code; violations.

(1) It shall be unlawful for any person to knowingly and willfully alter or cause to be altered any printed, digital or internet representation of any portion of the official version of the Code or to knowingly and willfully publish or distribute in printed, digital or internet form any altered facsimile thereof so as to cause any misrepresentation of such portion of the Code as enacted by the Pohnpei Legislature.

(2) Any person found guilty of a violation of Subsection (1) of this section shall be fined not more than $5,000 or imprisoned not more than three years, or both such fine and imprisonment. In addition, such person shall be civilly liable for damages resulting from any such misrepresentation.

Source: S.L. No. 6L-79-06 §1-128, 11/1/06

 

 

 

 

CHAPTER 2

PROCEDURE TO AMEND CONSTITUTION

 

 

Section

2-101  Short title

2-102  Method of proposing constitutional amendments

2-103  Format of amendment

2-104  Ratification of constitutional amendments

2-105  Notice of ratification – effectiveness

 

 

1 PC 2-101.  Short title. This chapter is known and may be cited as the “Constitutional Amendment Procedure Act of 1987.”

Source: S.L. No. 1L-122-87 §1, 3/31/87

 

1 PC 2-102.  Method of proposing constitutional amendments. The following shall be the methods of proposing amendments to the Pohnpei Constitution:

(1) Legislative act. A constitutional amendment may be proposed by an act of the Pohnpei Legislature, pursuant to Article 15 §1 of the Pohnpei Constitution, setting forth the text of the amendment.

(2) Petition. A constitutional amendment may be proposed by presentation to the Governor of a petition, pursuant to Article 15 §2 of the Pohnpei Constitution, setting forth the text of the amendment and bearing the requisite number of signatures of registered voters of Pohnpei.

Source: S.L. No. 1L-122-87 §2, 3/31/87

 

1 PC 2-103.  Format of amendment. The format of proposals for constitutional amendments to be placed before the people shall be uniform, as prescribed by the Election Commissioner, according to the following basic guidelines:

(1) Proposed constitutional amendments which have been received by the Governor, pursuant to §2-102 and that qualify for ratification, shall be transmitted by him forthwith to the Election Commissioner, who shall cause the same to be printed on ballots to be voted on simultaneously by all voters of Pohnpei during a general election or special election called by the Governor specifically for that purpose within the time specified by Article 15 §4 of the Pohnpei Constitution.

(2) The printed form containing the proposed amendment shall cite the appropriate article of the Constitution by title and shall state at length the section or its subsection proposed to be amended, and the effective date for the proposed amendment if so specified in the act or petition, followed immediately by the question:

“Do you approve of this proposed amendment to the Pohnpei Constitution:

YES     [  ]                   NO       [  ]?”

(3) The printed form containing the proposed constitutional amendment shall be printed in Pohnpeian, and shall also be translated into English, Nukuoran, and Kapingamarangian. The Election Commissioner shall cause the Pohnpeian version and the translated versions to be distributed to the general public, publicly aired at least three times daily on the public radio station for ten days immediately prior to the date of the election, and posted at the local government buildings and other appropriate places that the Election Commissioner deems necessary in all the local jurisdictions of Pohnpei no later than ten days prior to the date of election.

(4) The Election Commissioner shall, prior to the date of election, conduct public education programs on the proposed constitutional amendment. In enhancing the purpose of this subsection, opportunity for fair comment shall be provided to both proponents and opponents of the proposed constitutional amendment.(5) The Election Commissioner, as provided in the General Election Law, Title 10, shall, as soon as practicable after the election, certify and transmit the results of the votes cast on the amendment to the Governor and the Legislature.

(6) The Governor shall be the judge as to the approval of an amendment to the Constitution, subject to appeal to the Pohnpei Supreme Court.

Source: S.L. No. 1L-122-87 §3, 3/31/87

 

1 PC 2-104.  Ratification of constitutional amendments.

(1) The amendments shall be effective only if ratified in the manner prescribed by Article 15 §4 of the Pohnpei Constitution. If fifty percent (50%) of the registered voters fail to cast ballots at a special election, unless a Legislature-enacted proposal is withdrawn by the Legislature, the proposed amendment or amendments shall be submitted at the next general election or another special election called by the Governor within a reasonable time thereafter.

(2) In the event conflicting constitutional amendments submitted to the voters at the same election are approved, the amendment receiving the highest number of affirmative votes shall prevail to the extent of the conflict.

(3) Once ratified, an amendment becomes part of the Constitution and is as effective as all other parts of the Constitution.

Source: S.L. No. 1L-122-87 §4, 3/31/87

 

1 PC 2-105.  Notice of ratification – effectiveness. Upon receipt of the certified results of votes pursuant to 1 PC 2-103(5) and having made the determination that an amendment has been ratified in accordance with 1 PC 2-104(1), the Governor shall, not later than 15 days thereafter, issue a proclamation announcing the ratification of the amendment and its effective date. An amendment to the Constitution ratified pursuant to the Constitution and this chapter shall take effect at such time as is specified in the act or petition proposing the amendment; PROVIDED that if there be no such time specified, such amendment shall take effect retroactively to the date of the election.

Source: S.L. No. 1L-122-87 §5, 3/31/87

Note: S.L. No. 1L-122-87 §6 repealed S.L. No. 2L-162-83, 2/1/83 in its entirety.

 

 

 

 

CHAPTERS 3 – 5

[RESERVED]

 

 

CHAPTER 6

NAMES, EMBLEMS, SYMBOLS, AND Anthem

 

 

Section

6-101  “Pohnpei” is official term

6-102  The great seal of the state of Pohnpei

6-103  Custody and use of the seal

6-104  Malicious or commercial use of the seal

6-105  Flag of Pohnpei

6-106  Display of the flag

6-107  State bird

6-108  State anthem: “I Sohte Kak Moanokehla Pohnpei”

6-109  Conduct during playing

 

 

1 PC 6-101.  “Pohnpei” is official term. Upon the effective date of the Constitution of Pohnpei [November 8, 1984] and in recognition of the implementation of the Constitution, use of the term “Pohnpei” is hereby acknowledged as the official and appropriate form of reference to this jurisdiction and to this government and all governmental branches, agencies, authorities, and instrumentalities hereof or established herefor, inclusive of those established prior to the effective date of this section [September 10, 1984] or the Constitution.

Source: D.L. No. 4L-200-79 §1, 8/28/79; S.L. No. 3L-33-84 §7, 9/10/84

Note: Original section referred to the use of the term “State” in recognition of the implementation of the FSM Constitution.

 

1 PC 6-102.  The great seal of the state of Pohnpei. There is hereby adopted a great seal for the state of Pohnpei. The Pohnpei State Seal shall be circular in form and when reproduced shall have the following representation:

(1) Center. There shall be a coconut tree centered in a representation of the main gateway to Nan Dowas of the ruins of Nan Madol. There shall be a half coconut shell on a sea below the coconut tree and the gateway.

(2) Supporters. The center shall be supported by two palm leaves partially surrounded by eleven stars.

(3) Base. The base shall have a scroll with the words “Official Seal” imprinted on it.

(4) Edge. The edge shall have the legends “Pohnpei State Seal” and “Federated States of Micronesia.”

Source: S.L. No. 2L-208-83 §1, 10/20/83; S.L. No. 6L-79-06 §2-101, 11/1/06

 

1 PC 6-103.  Custody and use of the seal. The Pohnpei state seal shall be kept and used by the Governor officially.

Source: S.L. No. 2L-208-83 §2, 10/20/83

 

1 PC 6-104.  Malicious or commercial use of the seal. Any person who maliciously uses or for commercial purposes, without written approval of the Governor, uses or allows to be used any reproduction or facsimile of the Pohnpei state seal in any manner whatsoever, is guilty of a misdemeanor.

Source: S.L. No. 2L-208-83 §3, 10/20/83

 

1 PC 6-105.  Flag of Pohnpei. There shall be and is hereby designated an official flag of Pohnpei, selected as the winning design pursuant to S.L. No. 3L-135-75, as amended, and as modified herein. The official flag shall consist of a circle of eleven white stars and a “kouwa” surrounded by palm leaves, centered on a field of blue. The width of the flag of Pohnpei shall bear a ratio to its length of one to one-and-nine-tenths. The design of the official flag of Pohnpei shall be as depicted on the first official flag flown by order of the Governor on the effective date of this section [November 8, 1991]. The flag may be reproduced for unofficial purposes with different dimensions, but the design thereof shall be an accurate depiction of the first flag.

Source: S.L. No. 2L-172-90 §1, 11/8/91

 

1 PC 6-106.  Display of the flag.

(1) The flag of Pohnpei shall be displayed in the open only from sunrise until sunset and during such hours shall be displayed only on buildings, flagstaffs or halyards;

(2) The flag of Pohnpei shall be hoisted briskly and lowered ceremoniously;

(3) When the flag of Pohnpei is flown or displayed together with other official flags, it shall be flown or displayed at approximately the same level and shall occupy the left-hand position when looking from the building or platform;

(4) When, by appropriate proclamation, other flags are flown at half-mast, the flag of Pohnpei shall likewise be flown at half-mast; and

(5) The Governor of Pohnpei shall establish rules and regulations for the half-mast display of the flag of Pohnpei upon the death of a government or traditional leader or distinguished citizen or friend of Pohnpei.

Source: S.L. No. 2L-172-90 §2, 11/8/91

 

1 PC 6-107.  State bird. Trichoglosus rubiginosus, also known as Pohnpei lorikeet and locally known as serehd, is hereby designated as the state bird for the state of Pohnpei.

Source: S.L. No. 2L-90-81 §1, 11/9/81

 

1 PC 6-108.  State anthem: “I Sohte Kak Moanokehla Pohnpei.” The composition consisting of the words and the music known as “I Sohte Kak Moanokehla Pohnpei” is hereby adopted and designated as the state anthem, which anthem may also be referred to as the official song of the state of Pohnpei.

Source: S.L. No. 4L-72-98 §1, 4/2/98

 

1 PC 6-109.  Conduct during playing. During the playing of the state anthem when the flag is displayed, all present, except those in uniforms of authority of the state, should stand at attention facing the flag in an attitude showing respect for the state that and the people whom these symbols represent. Each person in a uniform of authority of the state present during said playing of the state anthem should render and maintain the appropriate salute as prescribed by the highest uniformed officer of the state. When the flag is not displayed, those present should face toward the music and act in the same manner they would if the flag were displayed.

Source: S.L. No. 4L-72-98 §2, 4/2/98

Note: S.L. No. 4L-72-98 §3 appropriation and §4 superseding provisions have been omitted.

 

 

CHAPTER 7

HOLIDAYS

 

 

Section

7-101  Holidays designated

7-102  Other holidays

7-103  Observance of holidays falling on Sundays and Saturdays

 

1 PC 7-101.  Holidays designated. The following days of each year are set apart and established as Pohnpei holidays:

(1) January 1, known as New Year’s Day;

(2) March 31, known as Rahn en Kawoupen Tiahk kan;

(3) September 11, known as Rahn en Mwei Mwahu;

(4) November 8, known as Rahn en Poahsoan en Kosonned en Weipokon en Pohnpei;

(5) December 25, known as Christmas Day;

(6) Good Friday, being the Friday immediately before Easter Sunday; and

(7) Any day designated by resolution of the Legislature and proclaimed by the Governor as an official Pohnpei holiday.

Source: S.L. No. 2L-14-80 §1, 9/8/80; S.L. No. 2L-210-83 §1, 10/20/83; S.L. No. 1L-37-85 §1, 10/8/85; S.L. No. 2L-2-88 §1, 3/29/88

 

1 PC 7-102.  Other holidays. Other holidays designated by proclamation by the President of the Federated States of Micronesia, or by act of Congress of the Federated States of Micronesia shall also be observed as official holidays in the state of Pohnpei, as applicable.

Source: S.L. No. 2L-14-80 §2, 9/8/80

 

1 PC 7-103.  Observance of holidays falling on Sundays and Saturdays. If any of the official Pohnpei holidays fall on Sunday, the following Monday shall be observed as a holiday. If the day falls on Saturday, the preceding Friday shall be observed as a holiday.

Source: S.L. No. 2L-14-80 §3, 9/8/80

 

 

 

 

CHAPTER 8

CENSUS

 

 

Section

8-101  Short title

8-102  Definitions

8-103  Authority to conduct periodic census of population

8-104  Conduct of census

8-105  Dissemination of statistical data; restrictions on use

8-106  Information as confidential

8-107  Oath of employee

8-108  Wrongful disclosure of information

8-109  Refusal or neglect to answer questions; false answers

8-110  Administration of chapter

 

 

1 PC 8-101.  Short title. This chapter is known and may be cited as the “Census Act of 1985.”

Source: S.L. No. 1L-33-85 §1, 9/19/85

 

1 PC 8-102.  Definitions. As used in this chapter, unless the context requires another meaning or unless it is otherwise provided:

(1) “Administrator” means the highest management official of the division designated for the administration of this chapter pursuant to Subsection (2) of this section.

(2) “Division” means the division within the Office of the Governor designated by the Governor for the administration of this chapter.

(3) “Governor” means the Governor of the state of Pohnpei.

(4) “Respondent” includes a corporation, company, association, firm, partnership, proprietorship, society, joint stock company, individual or other organization or entity which reported or is required to report, or on behalf of which information was reported, in response to a questionnaire, inquiry or other request of the Division.

Source: S.L. No. 1L-33-85 §2, 9/19/85

 

1 PC 8-103.  Authority to conduct periodic census of population.

(1) The Division shall periodically conduct a census of the population of the state of Pohnpei; PROVIDED that a periodic census of the population shall be conducted at intervals of no greater than ten years to determine the total population by local jurisdiction.

(2) In order to conduct a census, the Division shall have the authority to:

(a) Gather statistical and related information as to economic, social, and demographic characteristics of persons residing in the state of Pohnpei;

(b) Prepare questionnaires and determine the inquiries, and the number, form, and subdivisions thereof for conducting the census;

(c) Compile, analyze, and disseminate the data obtained in the census; and

(d) Do everything reasonably necessary and proper to carry out this chapter.

(3) The date on which the census of the population shall be taken shall be determined by the Administrator, who shall take appropriate measures to publicize that date.

(4) The tabulation of the results of the census shall be completed within four months after the census date and reported by the Administrator to the Governor.

Source: S.L. No. 1L-33-85 §3, 9/19/85

 

1 PC 8-104.  Conduct of census. In order to conduct a census as authorized in §8-103, the Administrator or any enumerator or census officer designated by the Administrator shall be empowered to supply a schedule to any respondent and require such respondent to supply to the best

of his knowledge all information requested in the schedule in accordance with instructions accompanying the schedule, and require that person to return the completed schedule to the Administrator or his designated agent by a specific date.

Source: S.L. No. 1L-33-85 §4, 9/19/85

 

1 PC 8-105.  Dissemination of statistical data; restrictions on use.

(1) Subject to the limitations set forth in 1 PC 8-106 and 1 PC 8-108, the Administrator may furnish copies of tabulations and other statistical materials which do not disclose the information reported by, or on behalf of, any particular respondent, and may make special statistical compilations or surveys, for departments, offices, and agencies of the state government.

(2) In no case shall information furnished under this section be used to the detriment of any respondent or other person to whom such information related, except in the prosecution of alleged violations of this chapter.

Source: S.L. No. 1L-33-85 §5, 9/19/85

 

1 PC 8-106.  Information as confidential. The Administrator and any officer or employee of the Division, shall not:

(1) Use the information furnished under this chapter for any purpose other than for the purpose of conducting a census or for compiling tabulations or other statistical materials; or

(2) Make any publication whereby the data furnished by any particular establishment or individual under this chapter can be identified; or

(3) Permit anyone other than the Administrator and the sworn officers and employees of the Division to examine the individual reports.

Source: S.L. No. 1L-33-85 §6, 9/19/85

 

1 PC 8-107.  Oath of employee. The Administrator and every person involved in carrying out this chapter shall take and subscribe an oath to fulfill their duties in accordance with this chapter. The oath shall be taken, retained, and recorded by the State Chief Justice.

Source: S.L. No. 1L-33-85 §7, 9/19/85

 

1 PC 8-108.  Wrongful disclosure of information. Whoever, being or having been involved in carrying out any provision of this chapter, either temporary or permanent, or having taken and subscribed the oath set forth in 1 PC 8-107, or otherwise having sworn to observe the limitations imposed by 1 PC 8-106, willingly publishes or communicates any information, the disclosure of which is prohibited under 1 PC 8-106, and which comes into his possession by reason of his employment or provisions of services under this chapter, shall be fined not more than $1,000, or imprisoned not more than one year, or both such fine and imprisonment.

Source: S.L. No. 1L-33-85 §8, 9/19/85

 

1 PC 8-109.  Refusal or neglect to answer questions; false answers.

(1) Whoever, being over 18 years of age, refuses or willfully neglects, when requested by any authorized employee of the Division, to answer to the best of his knowledge any of the questions on any schedule submitted to him in connection with any census provided for under this chapter, applying to himself or to the family to which he belongs or is related, shall be fined not more than $100 and subject to court order compelling him to answer the offered questions.

(2) Nothing in this section shall affect any law relating to the disclosure of any official, secret or confidential information, evidence or document. A person required by the Administrator to supply any information, to give any evidence or to produce any document shall be entitled in respect to such information, evidence or document to plead the same privilege before the administration as before a court of law.

(3) Whoever, being over 18 years of age, hinders or obstructs the Administrator or any authorized employee of the Division in the lawful service of powers under this chapter shall be fined not more than $100.

(4) Whoever, being over 18 years of age, when requested by any authorized employee of the Division, to answer to the best of his knowledge any of the questions on any schedule submitted to him in connection with any census provided for under this chapter, applying to himself or to the family to which he belongs or is related, willfully gives any answer that is false, with intent to deceive, shall be fined not more than $500.

(5) Notwithstanding any other provision of this chapter, no person shall be compelled to disclose information other than those information requested in the schedule supplied by the Administrator pursuant to 1 PC 8-104.

Source: S.L. No. 1L-33-85 §9, 9/19/85

 

1 PC 8-110.  Administration of chapter. The Administrator shall be charged with the administration of this chapter, and shall perform such functions as are conferred upon him by this chapter. The Administrator shall have all such authority as may be reasonably necessary for the performance of any function of the Division or for the administration of this chapter including the authority to promulgate such rules and regulations as he deems necessary to conduct the periodic censuses of the population or to otherwise effect the administration of this chapter.

Source: S.L. No. 1L-33-85 §10, 9/19/85

Note: The former Office of Planning and Statistics has been repealed.

 

 

 

TITLE 2

LEGISLATURE

 

 

CHAPTER

1  GENERAL PROVISIONS

2  INVESTIGATIVE HEARINGS

3  OFFICE OF LEGISLATIVE INVESTIGATIONS

4  CODE

5 – 8  [RESERVED]

9  LEGISLATure finances

 

 

 

 

CHAPTER 1

GENERAL PROVISIONS

 

 

Section

1-101  Legislative seal

1-102  Session designation

1-103  Full-time membership

1-104  Legislative rules

1-105  Legislature fiscal year

1-106  Individual offices; authorization for appropriation

1-107  Legislature Administrative Manual: established

1-108  Legislature Administrative Manual: contents

1-109  Legislature Administrative Manual: documents and methods for inclusion

1-110  Legislature Administrative Manual: Chief of Administration and Budget’s responsibilities

1-111  Attendance at sessions of other legislatures: authorization, selection, compensation

 

 

2 PC 1-101.  Legislative seal.

(1) Description. There is hereby adopted an official seal for the Pohnpei Legislature, which shall consist of a circle containing 11 stars, a representation of Sokehs Island, and a coconut tree, and which shall be designated as the Pohnpei Legislature Official Seal.

(2) Custody and use. The custody of the official seal shall be the responsibility of the Clerk of the Legislature, and the seal shall be used on certified copies of acts and resolutions of the Pohnpei Legislature. Any reproduction of the seal shall require the approval of the Speaker and shall be used only on official communications or publications and property of the Legislature. Improper use of the seal is prohibited.

Source: PDC §1-1, 3/71; S.L. No. 6L-79-06 §2-102, 11/1/06

 

2 PC 1-102.  Session designation. Sessions of the Ponape District Legislature are hereby redesignated and shall be known as the following:

(1) The first through the eighth regular sessions, inclusive, are respectively designated the First through the Eighth Regular Sessions of the First Ponape District Legislature.

(2) The ninth, tenth, and eleventh regular sessions are respectively redesignated the First, Second, and Third Regular Sessions of the Second Ponape District Legislature.

(3) The First Special Session is redesignated the First Special Session of the First Ponape District Legislature.

(4) The Second Special Session is redesignated the First Special Session of the Second Ponape District Legislature.

(5) Succeeding sessions until the 1971 general election for the Ponape District Legislature shall be designated as the appropriately numbered Regular or Special Session of the Second Ponape District Legislature.

(6) Sessions held following the 1971 general election for the Ponape District Legislature shall be designated the appropriately numbered Regular or Special Session of the Third Ponape District Legislature, with the numeral designation of the Ponape District Legislature to change after each general election of the Legislature.

(7) Commencing on the effective date of the Constitution of the Federated States of Micronesia [May 10, 1979], the Fourth Ponape District Legislature is hereby designated as the First Ponape State Legislature.

(8) The portion of the Eighth Regular Session of the Fourth Ponape District Legislature which falls on the effective date of the Constitution of the Federated States of Micronesia [May 10, 1979] and thereafter until it adjourns sine die is hereby designated as the First Regular Session of the First Ponape State Legislature.

(9) Sessions of the next Legislature held following the 1979 general election shall be designated the appropriate numbered regular or special session of the Second Ponape State Legislature, with numerical designation of the Ponape State Legislature to change after each general election of the Legislature.

Source: PDC §1-2, 3/71; D.L. No. 4L-194-79 §1, 8/9/79

 

2 PC 1-103.  Full-time membership. Every member of the Pohnpei Legislature shall serve full-time in that position from the time he assumes office by taking the oath until the time he leaves office by resignation, removal, recall or the swearing-in of his successor. Upon taking office, he shall resign from any other offices or employment in government. He may also resign from any board or committee membership in business, if it is in conflict with his Legislature duty.

Source: PDC §1-3, 3/71; S.L. No. 6L-79-06 §2-105, 11/1/06

 

2 PC 1-104.  Legislative rules.

(1) Each Pohnpei Legislature is hereby authorized and shall, by resolution, adopt its own rules not inconsistent with the Pohnpei Constitution or any law of Pohnpei governing its proceedings, conduct, and exercise of its powers.

(2) The permanent rules of the immediate preceding Legislature shall be the temporary rules of each new Legislature until it has adopted its own permanent rules.

Source: S.L. No. 2L-147-90 §§1 & 2, 3/6/90

 

2 PC 1-105.  Legislature fiscal year. The Pohnpei Legislature fiscal year is hereby declared to commence on October 1 each calendar year and to end on September 30 the following year.

Source: D.L. No. 4L-136-78 §36, 3/27/78

Note: Reference to transitional year FY 1978 has been omitted.

 

2 PC 1-106.  Individual offices; authorization for appropriation.

(1) Each member of the Pohnpei Legislature shall establish and/or maintain an office. The office shall be utilized in furtherance of the duties and responsibilities of the member as a representative. Such office shall be under the supervision and direction of the member for which it is established.

(2) There is hereby authorized from the general fund of Pohnpei a sum or sums as may be determined annually in the Comprehensive Budget Act for the purpose of financing the operationalcosts of the offices as established pursuant to this section. For purposes of this section, “operational costs” shall be limited to expenses directly related to said office as established herein and may include salaries and benefits of employees attached to said office; purchase, lease or maintenance of equipment and furniture for said office; costs of office lease, construction or maintenance; costs of travel while undertaking the functions directly related to said office; costs of supplies and materials, utilities, communications, and petroleum, oil, and lubricant for use by said office. The sums herein authorized for appropriation shall be equally apportioned among the seats of the Legislature by the Chief of Administration and Budget of the Pohnpei Legislature and allocated to each office established pursuant to Subsection (1) of this section. The Chief of Administration and Budget of the Pohnpei Legislature shall be responsible for the administration and expenditure of all sums authorized for appropriation by this section and shall certify requests for expenditure of such sums to the Director of the Department of Treasury and Administration pursuant to the Financial Organization and Management Act, Title 11 Chapter 2, or its successor in law. For the purpose of this section, each member shall be the allottee of the sums allocated to his office. The Chief of Administration and Budget shall report to the Legislature on or before October 15 each year on all matters concerning the expenditure of the sums authorized for appropriation by this section. A copy of such report shall be submitted to the Governor. Any balance of the sums appropriated under the authorization of this section not expended or obligated for expenditure on September 30 each year shall revert to the general fund of Pohnpei.

Source: PDC §1-9, 3/71; S.L. No. 2L-77-88 §2, 12/12/88

Notes: 1. The original PDC §1-9, as established by the Ponape District Code, related to session allowances and per diem. PDC §1-9 and its original intent were completely repealed by D.L. No. 3L-104-75 §1. 2. S.L. No. 2L-77-88 §2 establishes a completely new PDC §1-9 relating to members’ office operations.

Extended legislative history: PDC §1-9(a) was amended by D.L. No. 3L-31-72 §1, 6/13/72; PDC §§1-9(a) and (b) were amended by D.L. No. 3L-58-73 §7, 5/29/73; PDC §1-9 was repealed by D.L. No. 3L-65-73 §1, 1/1/74, and new PDC §§1-9(a), (b), and (c) were established; PDC §1-9 was again repealed by D.L. No. 3L-76-73 §3, 1/1/74, and new PDC §§1-9(a) and (b) were established; PDC §1-9 was again repealed by D.L. No. 3L-104-75 §1, 1/3/76; S.L. No. 2L-77-88 §2, 12/12/88, established a new PDC §1-9.

 

2 PC 1-107.  Legislature Administrative Manual: established. There is hereby established a Legislature Administrative Manual, hereinafter referred to as “Manual,” which shall be adopted by resolution of the Pohnpei Legislature and shall incorporate all provisions for the administration and management of the Legislature staff. The Manual shall provide the means for disseminating in an orderly fashion, instructions from the Legislature relative to the management and administration of the Legislature staff, its organization, delegations of authority, policies, and certain procedures of general and continuous application affecting the day-to-day administrative operations of the Legislature staff.

Source: D.L. No. 4L-39-76 §2(B), 7/1/76

 

2 PC 1-108.  Legislature Administrative Manual: contents. The Manual shall be arranged in parts, each of which shall contain in orderly sequences chapters on specific subjects for which there is a need for organization and instruction. A table of contents will set forth in detail the subjects to be contained in the respective parts and chapters. Chapters for inclusion in the Manual will be developed on the basis of need or direction of the Pohnpei Legislature. When revisions become necessary the entire chapter or appropriate pages shall be rewritten and substituted for the existing chapter.

Source: D.L. No. 4L-39-76 §2(B)(1), 7/1/76

 

2 PC 1-109.  Legislature Administrative Manual: documents and methods for inclusion. All laws, resolutions, Rules of Procedure, and other directives of the Pohnpei Legislature pertaining to the management and administration of the Legislature staff shall be incorporated into the Manual. The members of the staff shall submit to the Speaker of the Legislature, their recommendations relating to the organization, delegation of authority or changes in basic policy in the Manual. The Speaker shall review and present such recommendations to the Legislature for adoption and incorporation in the Manual; PROVIDED, HOWEVER, that if the Legislature is not in session, the Speaker shall submit such approved recommendations to the Judiciary and Governmental Operations Committee, which shall have the power to approve such recommendations for incorporation in the Manual, subject to appeal to the Legislature by any legislator.

Source: D.L. No. 4L-39-76 §2(B)(2), 7/1/76

 

2 PC 1-110.  Legislature Administrative Manual: Chief of Administration and Budget’s responsibilities. The Chief of Administration and Budget shall be responsible for the coordination and general control over Manual issuances. The Chief of Administration and Budget shall, upon direction of the Speaker and in consultation with the Legislative Clerk and the Legislative Counsel, be responsible for incorporating in the Manual all matters pertaining to the same, and shall, upon direction of the Speaker, cause the Manual and further issuances to be printed and distributed to such persons and agencies as the Speaker deems necessary, or as may be designated by the Pohnpei Legislature.

Source: D.L. No. 4L-39-76 §2(B)(4), 7/1/76

Notes: 1. D.L. No. 4L-39-76 §1, 7/1/76 repealed PDC §1-4, as amended by D.L. No. 3L-58-73, 5/29/73. 2. D.L. No. 4L-39-76 §3, 7/1/76 repealed PDC §1-11, as amended by D.L. No. 3L-58-73, 5/29/73. 3. D.L. No. 4L-39-76 §4, 7/1/76 repealed D.L. No. 3L-84-74, 6/29/74 relating to staff training and research.

 

2 PC 1-111.  Attendance at sessions of other legislatures: authorization, selection, compensation.

(1) There is hereby authorized for appropriation from the general fund of Pohnpei a sum for the purpose of providing travel, per diem, and other expenses for members and staff of the Pohnpei Legislature and other leaders of Pohnpei State to attend and observe regular sessions of the Guam Legislature, the Congress of the Federated States of Micronesia, and legislatures in other states of the Federated States of Micronesia and former districts of the Trust Territory of the Pacific Islands or to attend legislative conferences within or without the FSM. All sums herein authorized for appropriation shall be expended and administered by the Chief of Administration and Budget solely for the purposes specified in this subsection.

(2) The Speaker is hereby authorized to select members of the Legislature and other leaders of Pohnpei State to attend sessions of the aforementioned legislative bodies or other conferences. The Speaker shall select different persons to attend each of the different legislative bodies. The Speaker shall further determine which meetings or conferences and the length of time that the attendants may attend.

(3) During the time the staff members are attending or observing any of the aforementioned legislative bodies or other conferences, they are to be on full pay status.

(4) All members of the Legislature who attend and observe the designated legislative bodies are hereby required to submit written or oral reports of the activities and observations to the session of the Legislature immediately following their return.

Source: PDC §1-7, 3/71; D.L. No. 3L-58-73 §4, 5/29/73; D.L. No. 3L-64-73 §1, 10/19/73

Notes: 1. PDC §1-7(e) was repealed by D.L. No. 3L-58-73 §5. 2. Descriptions of legislative bodies in Subsection (1) have been modified to reflect the post-Trusteeship era.

 

 

 

 

CHAPTER 2

INVESTIGATIVE HEARINGS

 

 

Section

2-101  Purpose

2-102  Application

2-103  Definitions

2-104  Designation of an investigative hearing

2-105  Holding of investigative hearings

2-106  Issuance of subpoenas

2-107  Notice to witnesses

2-108  Conduct of investigative hearings

2-109  Right to counsel

2-110  Submission of questions

2-111  Testimony

2-112  Interested persons

2-113  Contempt of the Legislature

2-114  Penalties; defenses

2-115  Inherent legislative power not limited

2-116  Powers of the Sergeant-at-arms

2-117  Injunctive relief

2-118  Remedies cumulative

 

 

2 PC 2-101.  Purpose. The purpose of this chapter is to establish procedures for the conduct of investigative hearings by committees and subcommittees of the Pohnpei Legislature.

Source: S.L. No. 2L-157-90 §1, 7/18/90

 

2 PC 2-102.  Application. This chapter shall apply to the conduct of hearings by duly constituted committees of the Pohnpei Legislature, including standing committees, special committees, joint committees, and the Committee of the Whole, and duly constituted subcommittees and joint subcommittees of such committees.

Source: S.L. No. 2L-157-90 §2, 7/18/90

 

2 PC 2-103.  Definitions. As used in this chapter, unless the context clearly requires otherwise, the following words shall have the following meanings:

(1) “Chairman” means the presiding officer of a committee at the time of the hearing. The chairman at the hearing may be the duly elected or appointed chairman of the committee, or in the absence of such person, any member of the committee designated to serve as the chairman under the Legislature or committee rules, or in the absence of a rule pertaining thereto, any member so serving with consent of the members present.

(2) “Committee” means a Legislature committee formulated under the rules of procedure of the Pohnpei Legislature. For purposes of this chapter, “committee” includes duly constituted subcommittees of Legislature committees formulated under the procedural rules of the parent committee or its standard mode of operation; “committee” also includes two or more committees or subcommittees of the Legislature joined together and acting as one unit in the consideration of a matter or matters jointly referred thereto.

(3) “Investigative hearing” is any hearing of a committee designated as such under the terms of this chapter.

Source: S.L. No. 2L-157-90 §3, 7/18/90

 

2 PC 2-104.  Designation of an investigative hearing. Any hearing conducted by a committee may be designated as an investigative hearing by any one of the following means:

(1) By designation thereof in law or resolution authorizing or directing the committee to conduct the investigation; or

(2) By majority vote of all the members of the committee; PROVIDED that such designation may occur before the conduct of a hearing or at any time during the course of a committee review of a matter best served through the conduct of a formal investigation.

Source: S.L. No. 2L-157-90 §4, 7/18/90

 

2 PC 2-105.  Holding of investigative hearings.

(1) A committee may hold investigative hearings appropriate to the performance of its duties, at such times and places as the committee determines.

(2) The chairman of the committee shall notify the members thereof of the conduct of an investigative hearing at least 48 hours prior thereto. Notice may be given orally by announcement on the floor of a legislative session or by written notice personally served on the member or deposited in the member’s mailbox at the Legislature. The notice shall include a statement of the subject matter of the investigative hearing and the time and place for the conduct thereof. An investigative hearing, and any action taken at the hearing, shall not be deemed invalid solely because notice of the hearing was not given in accordance with this provision.

(3) A quorum must be present to conduct an investigative hearing.

Source: S.L. No. 2L-157-90 §5, 7/18/90

 

2 PC 2-106.  Issuance of subpoenas.

(1) Every committee may issue, by majority vote of all its members, subpoenas requiring the attendance of witnesses and subpoena duces tecum requiring the production of books, documents or other evidence at or for investigative hearings.

(2) A person subpoenaed to attend an investigative hearing of the committee may receive the same fees and allowances as a person legally required to attend a criminal case before the Pohnpei Supreme Court.

(3) A subpoena shall be issued by the chairman of the committee to the Legislature Sergeant-at-arms or any state police officer. The subpoena shall be on a form prescribed by the Speaker of the Legislature, which form shall be filed with the Clerk of the Pohnpei Supreme Court. The subpoena shall be written in both Pohnpeian and English. In the event of a conflict between the two versions, the language version most utilized by the recipient of the subpoena shall prevail. The subpoena shall be signed by the chairman in his official capacity, shall contain a reference to the legal authority for the issuance thereof, and shall set forth in general terms the matter or question with reference to which the testimony or evidence is to be taken. The subpoena shall contain a statement that the person so subpoenaed may upon written request to the chairman of the committee obtain a copy of pertinent documents relative to the establishment of the committee, the rules under which it operates, and the measure, communication or other authority under which it is conducting its investigation. The subpoena shall also contain statements to the effect that failure to comply therewith can result in penalties and sanctions, that the person so subpoenaed may not be compelled to give or provide information which may be protected by constitutional or statutory right or privilege, and that the person may be accompanied at the hearing by counsel of the person’s own choosing.

(4) Any officer to whom such process is directed, if within the officer’s territorial jurisdiction, shall forthwith serve or execute the same. Upon service thereof, the officer shall forthwith file a return of service with the chairman who issued the subpoena. The officer shall execute the service and return of service without charge or compensation, but shall be paid for actual and reasonable expenses incurred in connection therewith.

Source: S.L. No. 2L-157-90 §6, 7/18/90

 

2 PC 2-107.  Notice to witnesses. Service of a subpoena requiring the attendance of a person or the production of evidence shall be made at least five days prior to the date of the investigative hearing unless a shorter period of time is authorized by majority vote of all members of the committee in a particular instance when, in their opinion, the giving of five days notice is not practical; PROVIDED that if a shorter time is authorized, the person subpoenaed shall be given reasonable notice of the hearing, consistent with the particular circumstances involved.

Source: S.L. No. 2L-157-90 §7, 7/18/90

 

2 PC 2-108.  Conduct of investigative hearings.

(1) All investigative hearings conducted under this chapter shall be public, unless the committee, or the parent committee or committees of a subcommittee, by unanimous vote decides that the public interest requires that the proceeding be closed.

(2) No investigative hearing, or part thereof, shall be televised, broadcast, filmed, photographed or electronically recorded, except pursuant to this statute and the committee rules or at the direction of the chairman, subject to appeal by the members present.

Source: S.L. No. 2L-157-90 §8, 7/18/90

 

2 PC 2-109.  Right to counsel. Every witness at an investigative hearing may be accompanied by counsel of the witness’ own choosing, who may advise the witness as to the witness’ rights, subject to reasonable limitations which the committee may prescribe to prevent obstruction of or interference with the orderly conduct of the hearing.

Source: S.L. No. 2L-157-90 §9, 7/18/90

 

2 PC 2-110.  Submission of questions. Any witness at an investigative hearing, or the witness’ counsel, may submit to the committee proposed questions to be asked of the witness or any other witness relevant to the matters upon which there has been any questioning or submission of evidence, and the committee shall ask such questions as are appropriate to the subject matter of the hearing.

Source: S.L. No. 2L-157-90 §10, 7/18/90

 

2 PC 2-111.  Testimony.

(1) A committee shall cause a record (either electronic or written, or both) to be made of all proceedings relative to an investigative hearing, which record shall include rulings of the chair, questions of the committee and its staff, the testimony or responses of witnesses, sworn written statements submitted to the committee, and such other matters as the committee or its chairman may direct.

(2) All testimony given or adduced under subpoena at an investigative hearing shall be under oath or affirmation unless the requirement is dispensed with in a particular instance by majority vote of the committee members present at the hearing.

(3) Any person designated by the chairman of the committee may administer an oath or affirmation to a witness at an investigative hearing thereof. The oath or affirmation shall be in either Pohnpeian or English, whichever the witness shall prefer, shall be in a standard format prescribed by the Speaker of the Legislature, and shall contain an acknowledgment by the witness that giving testimony and providing evidence to the committee under oath at or for an investigative hearing is controlled by statute, the violation of which will subject the witness to criminal penalties. The oath shall also include an acknowledgment to the effect that the witness may not be compelled to give testimony or provide information that is protected by constitutional or statutory right or privilege.

(4) Subject to this chapter, the presiding officer at an investigative hearing may direct a witness to answer any relevant question or furnish any relevant book, paper or other document, the production of which has been required by subpoena duces tecum. Unless the direction is overruled by majority vote of the committee members present, disobedience shall constitute a contempt.

(5) Upon consent of a majority of the committee members present at the hearing, a witness at an investigative hearing, or the witness’ counsel, may file with the committee for incorporation into the record of the hearing sworn written statements relevant to the purposes, subject matter, and scope of the committee’s investigation or inquiry.(6) A witness at an investigative hearing open to the public, upon the witness’ advance request and at the witness’ own expense, shall be furnished a transcript, certified by the Clerk of the Legislature, of the witness’ testimony at the hearing.

(7) Testimony or other evidence given or adduced at an investigative hearing closed to the public shall not be made public unless authorized by unanimous consent of the committee, or parent committee or committees in the case of a subcommittee investigation. The authorization shall also specify the form and manner in which the testimony or other evidence may be released.

Source: S.L. No. 2L-157-90 §11, 7/18/90

 

2 PC 2-112.  Interested persons.

(1) Any person whose name is mentioned or who is otherwise identified during an investigative hearing and who, in the opinion of the committee may be adversely affected thereby, may, upon the person’s request or upon request of any member of the committee, appear personally before the committee and testify in the person’s own behalf, or with consent of the committee, file a sworn written statement of facts or other documentary evidence for incorporation into the record of the hearing.

(2) Upon consent of a majority of its members, a committee may permit any other person to appear and testify at an investigative hearing or submit a sworn written statement of facts or other documentary evidence for incorporation into the record thereof. No request to appear, appearance or other submission of evidence shall limit in any way the committee’s power of subpoena.

(3) Any person who appears before a committee pursuant to this section shall have the rights, privileges, and responsibilities of a witness provided under this chapter.

Source: S.L. No. 2L-157-90 §12, 7/18/90

 

2 PC 2-113.  Contempt of the Legislature.

(1) A person shall be in contempt of the Legislature, otherwise referred to in this chapter as “contempt,” if he:

(a) Fails or refuses to appear in compliance with a subpoena or, having appeared, fails or refuses to testify under oath or affirmation;

(b) Fails or refuses to answer any relevant question or fails or refuses to submit any relevant book, paper or other document subpoenaed by or on behalf of any committee which answer or submission is not protected by constitutional or statutory right or privilege;

(c) Knowingly gives false testimony under oath or affirmation to the committee;

(d) Submits false documentation under subpoena duces tecum to the committee, knowing such evidence to be false or having substantial reason to suspect the untruthfulness of such documentation without informing the committee of his suspicions thereof;

(e) Resists or interferes with the Sergeant-at-arms or any other officer in the service of a subpoena properly issued under this chapter, or tampers with any witness, or attempts to prevent the attendance of any witness or the submission of any evidence to or at an investigative hearing of a committee, or attempts to prevent or to disrupt the conduct of an investigative hearing, or improperly attempts to tamper with the fair judgment of any member of the committee or advisor thereto;

(f) Violates 2 PC 2-111(7); or

(g) Commits any other act or offense against the committee which, if committed against the Legislature, would constitute a contempt.

(2) A committee may, by majority vote of all its members, report to the Legislature any instance of alleged contempt. The Speaker of the Legislature shall certify a statement of such alleged contempt to the Attorney General, who shall promptly cause the offender to be prosecuted in the Trial Division of the Pohnpei Supreme Court. The action may only be taken following receipt of the certified statement from the Speaker, shall be taken in the name of the state of Pohnpei, and the alleged contempt shall be considered as though committed against the Legislature itself.

Source: S.L. No. 2L-157-90 §13, 7/18/90; S.L. No. 5L-14-00 §3-24, 10/1/00

 

2 PC 2-114.  Penalties; defenses.

(1) A person guilty of contempt under this chapter shall be fined not more than $1,000, or imprisoned not more than one year, or both; PROVIDED, HOWEVER, that any person other than the witness concerned or the witness’ counsel who violates 2 PC 2-111(7) shall be fined not more than $500, or imprisoned not more than six months, or both such fine and imprisonment.

(2) If any committee fails in any material respect to comply with the requirements of this chapter, any person subject to a subpoena or a subpoena duces tecum who is injured by the failure shall be relieved of any requirement to attend the hearing for which the subpoena was issued or, if present, to testify or produce evidence therein; and the failure shall be a complete defense in any proceeding against the person for contempt or other punishment based upon the refusal to appear, testify or produce evidence.

Source: S.L. No. 2L-157-90 §14, 7/18/90

 

2 PC 2-115.  Inherent legislative power not limited. Nothing in this chapter shall limit the Legislature or any committee thereof in their inherent or constitutional powers of contempt or impeachment nor shall anything in this chapter limit any power which the Legislature, a committee or a member may have to discipline any member or employee thereof or to impose a penalty in the absence of action by the prosecuting officer or court.

Source: S.L. No. 2L-157-90 §15, 7/18/90

 

2 PC 2-116.  Powers of the Sergeant-at-arms. Whenever a committee, by majority vote of all its members, finds a person is in contempt of the Legislature for violation of any provision of this chapter, the committee, when authorized by the Legislature Rules of Procedure, at its discretion and upon majority vote of all its members, may direct that the offender be summarily taken into custody by the Sergeant-at-arms until:

(1) A complaint has been filed and arrest made pursuant to this chapter; or

(2) A citation for contempt has been served pursuant to the Legislature Rules of Procedure.

Source: S.L. No. 2L-157-90 §16, 7/18/90

 

2 PC 2-117.  Injunctive relief.

(1) If the Speaker of the Legislature, upon recommen­dation of a majority vote of all the members of the committee affected, finds reasonable grounds to believe that any person is in contempt of the Legislature for violating any provision of this chapter, or is about to do so, the Speaker, on behalf of the Legislature, may petition a court of competent jurisdiction for an order and the court may issue such order directing the person to cease and desist from such contemptuous behavior in the future.

(2) The petition shall set forth the facts on which it is based and the nature and extent of the relief sought.

(3) The Legislature may, by its Rules of Procedure, empower the Speaker to designate one or more members or officers of the Legislature to make the petition on his behalf. Any such designation shall be filed with the Clerk of the Legislature and, if a petition is made by any person named in such designation, a copy of such designation shall be submitted to the court together with the petition.

(4) If a court to which such a petition is presented is satisfied that the petition sets forth a prima facie case for the granting of the relief requested, in whole or in part, it may issue a temporary order relative thereto pending the ultimate determination of the matter after due notice and hearing. A copy of such temporary order and the petition upon which it is based, together with notice of the date andplace of a hearing to be held thereon, shall be given to such person within the time and in the manner as the court shall direct.

(5) A temporary injunction and any preliminary or permanent injunction which thereafter may be granted on the petition following a hearing thereon is enforceable by contempt proceeding, or other enforcement proceeding, in the same manner as other orders of such court.

(6) Except as otherwise provided, all law applicable to the granting of injunctive relief by the court to which a petition hereunder is presented apply to proceedings instituted under this section.

Source: S.L. No. 2L-157-90 §17, 7/18/90

 

2 PC 2-118.  Remedies cumulative. The remedies for contempt of the Legislature provided by this chapter, other laws of Pohnpei, the Legislature Rules of Procedure, individual committee procedural rules, and internal operating procedures, manuals, and systems of the Legislature and its committees are cumulative, and the application or attempted application of one does not bar any other.

Source: S.L. No. 2L-157-90 §18, 7/18/90

 

 

 

 

CHAPTER 3

OFFICE OF LEGISLATIVE INVESTIGATIONS

 

 

Section

3-101  Establishment of Office of Legislative Investigations

3-102  Appointment of the Commissioner for Legislative Investigations

3-103  Term of office

3-104  Vacancies

3-105  Functions and duties of the office

3-106  Initiation of investigations

3-107  Committee investigations

3-108  Intergovernmental cooperation

3-109  Referral of matters

3-110  Investigatory powers

3-111  Disclosures

3-112  Records

3-113  Reporting

3-114  Authorization for appropriation; administration

3-115  Regulations and orders

3-116  Preparation activities

3-117  Construction

 

 

2 PC 3-101.  Establishment of Office of Legislative Investigations. There is hereby created within the staff services of the Pohnpei Legislature the Office of Legislative Investigations. The Office shall consist of a Commissioner for Legislative Investigations and such permanent and temporary investigators and other staff members, consultants, and advisors as provided in the Legislature Administrative Manual and as the budget shall permit.

Source: S.L. No. 3L-83-94 §1, 11/24/94

 

2 PC 3-102.  Appointment of the Commissioner for Legislative Investigations. The Office of Legislative Investigations shall be under the leadership and guidance of the Commissioner for Legislative Investigations, who shall be appointed by the Speaker of the Legislature with the advice and consent of a majority of the total membership of the Legislature. In making his selection, the Speaker shall be mindful of the need to obtain the services of an expert in the field of government investigations whose previous work experiences indicate that the individual maintains a high degree of professionalism in his investigatory activities.

Source: S.L. No. 3L-83-94 §2, 11/24/94

 

2 PC 3-103. Term of office. The Commissioner for Legislative Investigations shall serve at the pleasure of the Legislature for a term consistent with that of the appointing Speaker and until his successor is appointed, but no longer than 180 days following the conclusion of the term for which he was appointed. A commissioner may be appointed for successive terms. The Commissioner may be removed upon the affirmative vote of a majority of the total membership of the Legislature while in session at any time during the course of his term. The Speaker may suspend the services of the Commissioner for cause for a period not to exceed 90 calendar days, but may not extend that suspension beyond such period unless he shall receive the concurrence of a majority of the total membership of the Legislature during session.

Source: S.L. No. 3L-83-94 §3, 11/24/94

 

2 PC 3-104. Vacancies. A vacancy in the position of Commissioner of Legislative Investigations shall be filled for the remainder of the unexpired term in the same manner as an original appointment; PROVIDED that the Speaker of the Legislature, following consultation with the members of the Legislature, may provide for temporary appointments to fill the position of Commissioner for periods not to exceed 90 calendar days following the occurrence of the vacancy; PROVIDED FURTHER that no person may serve as temporary Commissioner for more than 90 days in any 180-day period. A vacancy in the position of Commissioner shall not impair the right of the Office of Legislative Investigations to exercise all functions and duties of the office and all investigatory powers of the office granted or recognized under this chapter.

Source: S.L. No. 3L-83-94 §4, 11/24/94

 

2 PC 3-105.  Functions and duties of the Office. When directed by resolution of the Legislature, the Office of Legislative Investigations shall have the following functions and duties within the context and subject matter of the directive:

(1) The faithful execution and enforcement of the laws of Pohnpei, with particular reference to, but not limited to, the effects of criminal conduct and substance abuse on the affairs of the Pohnpei Government;

(2) The conduct of public officers and public employees, and officers and employees of public corporations and authorities, with particular reference to, but not limited to, the effects on the affairs of the Pohnpei Government of corruption in office and the commission of politically motivated crimes;

(3) The conduct, management, and affairs of any branch, department, board, bureau, commission, agency, public corporation or other instrumentality of the Pohnpei Government; and

(4) The conduct, management, and affairs of any recipient or custodian of any funds, properties or other assets of the Pohnpei Government with respect to the use and disposition thereof.

Source: S.L. No. 3L-83-94 §5, 11/24/94

 

2 PC 3-106.  Initiation of investigations. The Legislature shall provide in its Rules of Procedure for the form and content of resolutions as set forth in 2 PC 3-105 for the Ofice of Legislative Investigations to initiate investigations under said section and other provisions of this chapter.

Source: S.L. No. 3L-83-94 §6, 11/24/94

 

2 PC 3-107.  Committee investigations. At the request of any duly constituted and authorized committee of the Legislature, the Office shall assist the committee in the conduct of investigations being undertaken by that committee and in the preparation of reports to be issued by that committee.

Source: S.L. No. 3L-83-94 §7, 11/24/94

 

2 PC 3-108.  Intergovernmental cooperation. Unless there is a conflict of interest or other good and compelling reason, the Office of Legislative Investigations shall cooperate with similar legislative and executive investigatory agencies and officers of the national, state, and local governments in the investigations of any persons, agencies or activities over which the Office shares jurisdiction and an investigatory interest with such agency or officer.

Source: S.L. No. 3L-83-94 §8, 11/24/94

 

2 PC 3-109.  Referral of matters. Whenever it shall appear to the Office of Legislative Investigations that there is cause for the prosecution of a crime, or for the removal of a public officer for misconduct or neglect of duty, the Office shall refer the evidence of such crime, misconduct or neglect of duty to the officials authorized to conduct the prosecution or remove the public officer.

Source: S.L. No. 3L-83-94 §9, 11/24/94

 

2 PC 3-110.  Investigatory powers. With respect to the exercise of its functions and duties under this chapter, the Office of Legislative Investigations, inclusive of its Commissioner and each duly authorized permanent or temporary staff member, consultant, and advisor thereto, shall be authorized to:

(1) Conduct any investigation authorized by this chapter at any place within Pohnpei, and to maintain offices, hold meetings, and to function at any place within Pohnpei;

(2) Examine into matters relating to the subject’s functions, duties, and powers extending beyond the territorial limits of the state and into other jurisdictions and international waters and consult withand exchange information with similar agencies and officers of other jurisdictions with respect to such matters; and

(3) Assist the Legislature committees and the subcommittees thereof when the assistance of the Office is requested by resolution of the Legislature in preparing and conducting investigatory hearings, which shall include, but need not be limited to, assistance to administer oaths or affirmations, subpoena witnesses, compel their attendance, examine them under oath or affirmation and require the production of any books, records, documents or other evidence deemed relevant or material to an investigation; and in this respect, the chairman of the appropriate committee or subcommittee may designate the Commissioner for Legislative Investigations or any staff member or consultant or advisor attached to the Office of Legislative Investigations to exercise any such powers on behalf of the committee or subcommittee, subject to the procedural restrictions and due process protections of Chapter 2 as it may be amended or superseded.

Source: S.L. No. 3L-83-94 §10, 11/24/94

 

2 PC 3-111.  Disclosures. Any person conducting or participating in any examination or investigation within or attached to the Office of Legislative Investigations who shall disclose to any person other than the Commissioner for Legislative Investigations, an authorized representative of the Office, or member, committee or subcommittee of the Legislature, the name of any witness examined, or any information obtained or given upon such examination or investigation that is confidential information, except where disclosure is required by this chapter or other law, shall be guilty of an offense against Pohnpei and, upon conviction thereof, shall be fined not more than $1,000, or imprisoned not more than six months, or both such fine and imprisonment; PROVIDED, HOWEVER, that duly seated members of this Legislature shall be subject to sanctions as provided in the Legislature Rules of Procedure.

Source: S.L. No. 3L-83-94 §11, 11/24/94

 

2 PC 3-112.  Records. Except where inspection, use or release of information is appropriate to the investigation or otherwise required by law, the Commissioner for Legislative Investigations shall maintain sealed records of all information acquired during the course of an investigation undertaken by the Office under the authority of this chapter, and shall furthermore provide for the appropriate closing of the files and disposal of the records at the conclusion of the investigation.

Source: S.L. No. 3L-83-94 §12, 11/24/94

 

2 PC 3-113.  Reporting. The Commissioner for Legislative Investigations shall make a comprehensive report to the Legislature within the first ten days of the first regular session of the Legislature each year, which shall include an accounting of the activities of the Office of Legislative Investigations for the previous year and recommendations as to improvements in the composition and operations of the Office. The Commissioner shall make such additional reports to the Legislature at such times as the Legislature may prescribe.

Source: S.L. No. 3L-83-94 §13, 11/24/94

 

2 PC 3-114.  Authorization for appropriation; administration. The Office of Legislative Investigations created by this chapter is an agency of the legislative branch of the Pohnpei Government and as such is entitled to receive such financing and is accountable pursuant to such fiscal procedures as are applicable generally for the legislative branch of the Pohnpei Government. In addition:

(1) There is hereby authorized for appropriation such sums from such Treasury funds as may be identified and allocated annually in the Comprehensive Budget Act for the purpose of financing the Office of Legislative Investigations established under 2 PC 3-101.(2) In addition to the sums appropriated under the authorization of Subsection (1) of this section, the Office shall be eligible to receive financial assistance from other grants made available to the Legislature, including, but not limited to, contributions from intergovernmental legislative associations, the United States of America Government, the national government of the Federated States of Micronesia, the local governments of Pohnpei, and other sources.

(3) All financing made available to the Office established by this chapter shall be administered and expended by the Chief of Administration and Budget of the Legislature at the direction of the Speaker, in consultation with the Commissioner for Legislative Investigations, solely for the purposes specified in this chapter and subject to the terms and conditions of the granting authority which are not inconsistent with this chapter.

(4) The balance of any sums appropriated under the authorization of Subsection (1) of this section that are not expended or obligated for expenditure at the close of the fiscal year for which they were appropriated shall revert to the fund from which the appropriation was made.

(5) The Chief of Administration and Budget of the Legislature shall submit an annual report to the Legislature on all financial matters with respect to his administration of the monies made available under this chapter within 15 working days following the close of each fiscal year.

Source: S.L. No. 3L-83-94 §14, 11/24/94

 

2 PC 3-115.  Regulations and orders. The Commissioner for Legislative Investigations is authorized to promulgate regulations and orders for the proper administration of this chapter which shall take effect upon compliance with the procedural requirements of law and approval of the Speaker of the Legislature.

Source: S.L. No. 3L-83-94 §15, 11/24/94

 

2 PC 3-116.  Preparation activities. The Legislative Counsel and the Chief of Administration and Budget of the Legislature shall assist the Office of the Speaker of the Legislature in preparing appropriate recommendations for amending the Legislature Rules of Procedure, the Legislature Administrative Manual, and the Comprehensive Budget Act to assist in the organization of the Office of Legislative Investigations created by 2 PC 3-101.

Source: S.L. No. 3L-83-94 §16, 11/24/94

 

2 PC 3-117.  Construction. Nothing in this chapter shall be construed to supersede, repeal or limit the investigatory powers or responsibilities of any member, committee or subcommittee of the Legislature, or of any other officer or agency of the Legislature, nor shall the Office created by this chapter be construed to supersede, or in any other manner be considered to take the place of or override the responsibilities of any investigatory officer or agency otherwise created or recognized by Pohnpei law.

Source: S.L. No. 3L-83-94 §17, 11/24/94

Note: S.L. No. 3L-83-94 §18 severability provision has been omitted.

 

 

 

CHAPTER 4

POHNPEI Code

 

Section

 

4-101  Short title

4-102  Purpose

4-103  Responsible for Pohnpei Code

4-104  Scope of the Code

4-105  Publication and codification revolving fund; authorization for appropriation; administration

4-106  Distribution of Code

4-107  Discretionary decisions

 

 

2 PC 4-101.  Short title. This chapter is known and may be cited as the “Pohnpei Codification Act of 1988.”

Source: S.L. No. 2L-11-88 §1, 5/24/88

 

2 PC 4-102.  Purpose. The purpose of this chapter is to provide a means of codifying all of the laws of Pohnpei, to provide for their publication and regular update on a continuing basis.

Source: S.L. No. 2L-11-88 §2, 5/24/88

 

2 PC 4-103.  Responsible for Pohnpei Code. The Division of the Legislative Counsel of the Pohnpei Legislature shall be responsible for organizing, codifying, publishing, and distributing the codified Pohnpei Code.

Source: S.L. No. 2L-11-88 §3, 5/24/88

 

2 PC 4-104.  Scope of the Code. The scope of the Code, and any amendments or revisions thereof, shall be as prescribed in Chapter 1 of Title 1 of the Official Code of the State of Pohnpei.

Source: S.L. No. 2L-11-88 §4, 5/24/88; S.L. No. 6L-79-06 §3-102, 11/1/06

Note: S.L. No. 6L-79-06 §3-102, 11/1/06 repealed S.L. No. 2L-11-88 §4, 5/24/88 in its entirety and inserted a new §4.

 

2 PC 4-105.  Publication and codification revolving fund; authorization for appropriation; administration.

(1) There is hereby established a publication and codification revolving fund for the compilation and publication of laws, and for the codification, revision, and publication of the Pohnpei Code. The revolving fund herein established shall be administered and expended by the Legislative Counsel.

(2) There is hereby authorized for appropriation from the general fund of Pohnpei such sums as may be determined annually in the Comprehensive Budget Act for deposit in the revolving fund created by Subsection (1) of this section. All sums so appropriated shall remain available until fully expended.

Source: S.L. No. 2L-11-88 §§ 5 & 6, 5/24/88

 

§4-106.  Distribution of Code.

(1) Interested persons and entities may acquire copies of the Official Code of the State of Pohnpei and periodic updates thereof from the Division of the Legislative Counsel of the Pohnpei Legislature upon payment of a fee of:

(a) CD-ROM Code Subscription (digital format): the CD-ROM disk plus three years of annual service updates on the Code commencing with the year following the date of purchase: $25 plus delivery costs;

(b) Printed Code (RESERVED)

(2) Fees collected pursuant to this section shall be deposited into the publication and codification revolving fund

(3) Notwithstanding Subsection (1) of this section, courtesy copies and updates of the Official Code of Pohnpei shall be provided without cost to the Governor of Pohnpei, the Lieutenant Governor of Pohnpei, each Justice of the Pohnpei Supreme Court, each Senator of the Pohnpei Legislature, the Pohnpei Auditor, the Attorney General and each of the eleven local jurisdictions.

(4) The Legislative Counsel may enter into agreements for the exchange of legal codes with other entities for use by the Pohnpei Legislature and other state agencies, and may, upon a finding that sufficient copies of the Code are available for said purpose and upon approval of the Speaker of the Pohnpei Legislature, waive all or a portion of the payment of fees as prescribed in this section in connection with said agreement.

(5) The Legislative Counsel, upon concurrence of the Speaker of the Legislature, may provide for access to the Official Code of the State of Pohnpei on the internet through the use of such service providers and with the assistance of such search engines as are deemed appropriate.

(6) The Legislative Counsel may request subsidies to the publication and codification fund when deemed necessary to fulfill the requirements of this section.

(7) The Legislative Counsel shall file an annual written report with the Speaker of the Legislature relating to the sale and distribution of the Code.

Source: S.L. No. 2L-11-88 §7, 5/24/88; S.L. No. 6L-90-07 §1, 2/14/07

 

2 PC 4-107.  Discretionary decisions. The Legislative Counsel, in executing his duty of compiling, arranging, indexing, publishing, and distributing the Code, is given broad discretionary authority so that the program can be efficiently accomplished. This includes, but is not limited to, contracting with outside entities for professional, technical, and publication services.

Source: S.L. No. 2L-11-88 §8, 5/24/88

Notes: 1. D.L. No. 4L-8-76, 2/26/76 authorized an appropriation for codification which, if not expended, would revert. It was amended by D.L. No. 4L-34-76, 5/14/76 creating a codification revolving fund to provide that funding would not revert but would go into the codification revolving fund. D.L. No. 4L-34-76, 5/14/76 was repealed by S.L. No. 2L-42-80 §1, 11/10/80. 2. S.L. No. 2L-8-80, 6/28/80 required that public laws be compiled, published, and distributed annually. Any money appropriated not expended reverted to the general fund. S.L. No. 2L-8-80, 6/28/80 did not amend any other law, nor did it reference PDC §1-400 or D.L. No. 4L-34-76. S.L. No. 2L-8-80, 6/28/80 was repealed by S.L. No. 2L-42-80 §1, 11/10/80.

Extended legislative history: PDC §1-400(b) was amended by D.L. No. 3L-47-73 §1, 5/25/73; PDC §1-400(d) was amended by D.L. No. 4L-34-76 §1, 5/14/76; PDC §1-400 was repealed by S.L. No. 2L-42-80, 11/10/80, and a new PDC §1-400 was established; PDC §1-400 was repealed in its entirety by S.L. No. 2L-11-88 §9, 5/24/88.

 

 

 

 

CHAPTERS 5 – 8

[RESERVED]

 

 

CHAPTER 9

legislature FInances

 

 

Section

9-101  Salaries and allowances; authorization and appropriation

9-102  Official expense allowances; budget authorization; administration

9-103  Travel allowances and expenses; budget authorization; administration

9-104  Representation Fund; budget authorization; administration

9-105  Insurance; authorization for appropriation

9-106  Administration of compensation and benefits

9-107  Refreshment fund: budget authorization; administration

9-108  Contingency fund: budget authorization; administration

9-109  Buildings and grounds improvement fund: budget authorization; administration

9-110  Staff operations: budget authorization; administration

9-111  Committee operations: budget authorization; administration

9-112  Staff housing: budget authorization; administration

9-113  Membership in Association of Pacific Island Legislatures: budget authorization; administration

 

 

2 PC 9-101.  Salaries and allowances; authorization and appropriation.

(1) The officers and members of the Pohnpei Legislature shall receive salaries in such amounts as are determined in the Government Officers’ Salary Act, Title 9 Chapter 4 Subchapter I, as amended or superseded by Pohnpei law.

(2) There is hereby authorized and continually appropriated out of the general fund of Pohnpei such sums as shall be necessary to carry out the purposes of this section.

Source: PDC §1-8(1), 3/71; S.L. No. 2L-77-88 §1, 12/12/88

Note: S.L. No. 1L-71-86 §4-1 repealed PDC §1-8 and inserted a new §1-8.

 

2 PC 9-102.  Official expense allowances; budget authorization; administration.

(1) Each member of the Legislature shall be entitled to expend per fiscal year a sum or sums to be determined in the Comprehensive Budget Act for official expenses of such member as a legislator. Entitlement to expenditure of the sum or sums provided under this section for each member commences with the first payment thereof subsequent to the seating of such member.

(2) There is authorized for appropriation from the general fund of Pohnpei such sum or sums to be determined annually in the Comprehensive Budget Act to carry out the purpose of this section.

(3) Administration.

(a) The Chief of Administration and Budget of the Legislature shall effectuate equal quarterly payments of the sum or sums allotted to each member of the Legislature per fiscal year to be due and payable to each member. Payment to members shall be made on the tenth working day of each quarter of the fiscal year.

(b) Supplemental appropriations shall be equally divided among remaining quarterly payment dates of the fiscal year. Each member shall report to the Speaker within 15 days following the close of each fiscal year concerning the expenditure of the sum allotted to him during the previous fiscal year. Any balance of the sum reported unexpended or unobligated for expenditure by such member shall be paid by him to the general fund of Pohnpei. All obligated balances not expended within three years of the date of payment shall likewise be returned to the general fund of Pohnpei.

(c) The Chief of Administration and Budget shall maintain records available for public inspection of all payments and expenditure reports under this section for at least five years from the date of payment of such allowances.

Source: PDC §1-8(4), 3/71; S.L. No. 2L-77-88 §1, 12/12/88

Note: S.L. No. 1L-71-86 §4-1 repealed PDC §1-8 and inserted a new §1-8.

 

2 PC 9-103.  Travel allowances and expenses; budget authorization; administration. There is authorized for appropriation such sums as may be determined from time to time in the Comprehensive Budget Act for transportation, per diem, and officers’ travel premium allowances and expenses for legislators as are provided by Pohnpei law. Procedures for entitlement thereto shall be prescribed in the Legislature Rules of Procedure.

Source: PDC §1-8(3), 3/71; S.L. No. 2L-77-88 §1, 12/12/88

Note: S.L. No. 1L-71-86 §4-1 repealed PDC §1-8 and inserted a new §1-8.

 

2 PC 9-104.  Representation Fund; budget authorization; administration.

(1) The Speaker of the Legislature shall be entitled to expend a sum or sums to be determined annually in the Comprehensive Budget Act for official representation, entertainment, and other similar expenses during each calendar year. Such expenditure shall be for activities directly related to the Legislature or the Office of the Speaker or both.

(2) The Speaker shall submit written requests for and detailed vouchers of expenditure of the sums specified in this section supported by proper receipt or other documentation, to the Chief of the Division of Finance and Property Accountability of the Department of Treasury and Administration through the Chief of Administration and Budget of the Legislature. The Chief of Administration and Budget shall maintain, for a period of five years, a complete file of all requests and a detailed record of all expenditures under the authorization of this section, and shall make such file of requests and record of expenditures available for inspection by the general public.

(3) There is authorized for appropriation out of the general fund of Pohnpei such sums as shall be necessary to carry out the purposes of this section.

Source: PDC §1-8(2), 3/71; S.L. No. 2L-77-88 §1, 12/12/88

Note: S.L. No. 1L-71-86 §4-1 repealed PDC §1-8 and inserted a new §1-8.

 

2 PC 9-105.  Insurance; authorization for appropriation.

(1) The Pohnpei Legislature is authorized to solicit group life, workmen’ compensation, health, and death benefits insurance, or any combination thereof, for the benefit of its members, and to contribute not more than seventy-five percent (75%) of the premium costs of such coverage.

(2) There is authorized for appropriation out of the general fund of Pohnpei an annual sum or sums to be determined in the Comprehensive Budget Act to carry out the purpose of this section.

Source: PDC §1-8(5), 3/71; S.L. No. 2L-77-88 §1, 12/12/88

Note: S.L. No. 1L-71-86 §4-1 repealed PDC §1-8 and inserted a new §1-8.

 

2 PC 9-106.  Administration of compensation and benefits.

(1) Subject to the presentation of their credentials to the Pohnpei Legislature for their qualification, members shall receive their salaries and be entitled to such other allowances, expenses, and benefits authorized by 2 PC 9-101 – 2 PC 9-106 as of the date their term begins, and shall remain eligible therefor until they leave or are terminated from office; PROVIDED that the salaries of members appointed or elected at special elections to fill vacancies in the Pohnpei Legislature shall commence on the day after their appointment or election, subject to the presentation of their credentials as soon as reasonable.

(2) The Chief of Administration and Budget of the Legislature shall be responsible for the administration and expenditure of all sums authorized by 2 PC 9-101 – 2 PC 9-106, and shall certify requestsfor the expenditure of such sums to the Pohnpei Department of Treasury and Administration for payment.

Source: PDC §1-8(6), 3/71; S.L. No. 2L-77-88 §1, 12/12/88

Note: S.L. No. 1L-71-86 §4-1 repealed PDC §1-8 and inserted a new §1-8.

Extended legislative history: PDC §§1-8(a) and (b) were amended by D.L. No. 3L-58-73 §6, 5/29/73; PDC §1-8 was amended by D.L. No. 3L-59-73 §1, 1/1/74; PDC §1-8 was repealed by D.L. No. 3L-76-73 §2, 1/1/74, and new PDC §§1-8(a) and (b) were established; PDC §1-8 was again repealed by D.L. No. 3L-104-75 §1, 1/3/76, and a new PDC §1-8 was established; PDC §§1-8(1)(a) and (b) were repealed by D.L. No. 4L-103-77 §1, 10/26/77, and a new PDC §1-8(a) was inserted; PDC §1-8(1)(a) was repealed by S.L. No. 3L-10-84 §6(1), 4/1/86, and a new PDC §1-8(1)(a) was established; PDC §1-8(3)(b) was amended by D.L. No. 4L-25-76 §1, 5/14/76; PDC §1-8(3)(d) was amended by D.L. No. 4L-25-76 §2, 5/14/76; PDC §1-8(3) was repealed by S.L. No. 2L-81-81 §34, 7/15/81, and a new PDC §1-8(3) was established; PDC §1-8(4)(a) was amended by D.L. No. 4L-66-76 §1, 1/1/77; PDC §1-8(4) was repealed by D.L. No. 4L-130-78 §1, 3/7/78, and a new PDC §1-8(4) was established; PDC §1-8(4)(a) was amended by S.L. No. 2L-97-81 §1, 11/24/81; PDC §1-8(4)(c) was amended by S.L. No. 2L-97-81 §2, 11/24/81; PDC §1-8(4)(c) was again amended by S.L. No. 3L-10-84 §1, 1/3/84; PDC §1-8 was again repealed in its entirety by S.L. No. 1L-71-86 §4-1, 4/1/86; PDC §1-8, as established by S.L. No. 1L-71-86, was amended by S.L. No. 2L-77-88 §1, 12/12/88.

 

2 PC 9-107.  Refreshment fund: budget authorization; administration. There is hereby authorized for appropriation from the general fund of Pohnpei a sum to be deposited in a refreshment fund. This fund shall not be distributed in cash to the members of the Pohnpei Legislature, but may be used to finance any program of the Legislature. All sums herein authorized for appropriation shall be expended and administered by the Chief of Administration and Budget solely for the purposes specified in this section.

Source: PDC §1-10, 3/71; D.L. No. 3L-39-72 §1, 11/29/72; D.L. No. 3L-58-73 §8, 5/29/73

 

2 PC 9-108.  Contingency fund: budget authorization; administration.

(1) There is hereby authorized for appropriation from the general fund of Pohnpei a sum for the purpose of establishing a contingency fund of the Pohnpei Legislature to be administered and expended as follows:

(a) A sum for the purpose of financing special sessions of the Legislature;

(b) A sum for the purpose of financing expenses incurred in special elections of the Legislature; and

(c) A sum for the purpose of such other legislative expenses that the Speaker, in his sound discretion, deems necessary.

(2) All sums herein authorized for appropriation shall be expended and administered by the Chief of Administration and Budget as directed by the Speaker of the Legislature solely for the purposes of this section. The Chief of Administration and Budget shall submit a written report of his activities under this section on the first day of each regular session of the Legislature. The report shall be signed and approved by the Speaker; PROVIDED, HOWEVER, that if the Speaker disapproves of the report, he shall note his disapproval thereon and give his reason or reasons therefor.

Source: D.L. No. 3L-66-73 §§1 & 2, 1/1/74

 

2 PC 9-109.  Buildings and grounds improvement fund: budget authorization; administration.

(1) There is hereby established a Legislature buildings and grounds improvement fund for the purpose of financing the construction, improvement, renovation, and repair of Pohnpei Legislature buildings and such other buildings as shall be under the jurisdiction and control of the Legislature, and the landscaping and improvement of their surrounding grounds.

(2) There is hereby authorized for appropriation from the general fund of Pohnpei a sum or sums to be determined from time to time in the Comprehensive Budget Act for the Legislature buildings and grounds improvement fund. The sum herein authorized for appropriation shall be administered and expended by the Chief of Administration and Budget of the Legislature, upon the direction of the Speaker thereof, solely for the purposes specified in Subsection (1) of this section. The Chief of Administration and Budget shall submit an annual report on or before October 15 each year on all matters relating to the administration and expenditure of the sum appropriated under the authorization of this section for the previous fiscal year. The balance of all sums appropriated under the authorization of this section, shall remain available until fully expended.

Source: D.L. No. 4L-37-76 §§1 & 2, 5/24/76; D.L. No. 4L-136-78 §32, 3/27/78; S.L. No. 2L-98-81 §1, 11/24/81; S.L. No. 5L-48-01 §6, 9/05/01

 

2 PC 9-110.  Staff operations: budget authorization; administration. There is hereby authorized for appropriation from the general fund of Pohnpei a sum to be determined in the annual Comprehensive Budget Act for expenses incurred in the operation of the staff of the Pohnpei Legislature. The sum herein authorized for appropriation may include, but is not limited to, annual salaries, travel, per diem, overtime, housing, research, and training, and related materials and other benefits of the employees of the Legislature, and the purchase and rental of supplies and the operation, maintenance, and repair of the buildings, equipment, vehicles, and furniture of the Legislature. All sums herein authorized for appropriation shall be administered and expended in compliance with the Legislature Administrative Manual by the Chief of Administration and Budget of the Legislature upon approval of the Speaker.

Source: D.L. No. 4L-39-76 §2(E), 7/1/76

 

2 PC 9-111.  Committee operations: budget authorization; administration.

(1) There is hereby authorized for appropriation from the general fund of Pohnpei a sum or sums to be determined annually in the Comprehensive Budget Act and allocated to specific standing and special committees and their respective subcommittees, for the purpose of defraying the cost of transportation, per diem, studies, investigations, personal contractual services, and other appropriate and incidental expenses of such committees and subcommittees as specified in this section.

(2) All claims for expenses as provided in Subsection (1) of this section shall be approved by the chairmen and transmitted to the Speaker for approval and payment in the manner set forth in Subsection (3) of this section. Travel and per diem for meetings outside of Kolonia and expenses for printing and supplies may be incurred only with prior approval of the Speaker and shall be paid on vouchers so evidenced. In no instance shall expenses be incurred by a committee or subcommittee in excess of the sum or sums appropriated in the Comprehensive Budget Act and specifically allocated to the committee or to the subcommittee either within the committee allocation or by individual allocation, unless such expenses are approved by the Speaker to be paid from the contingency fund established by 2 PC 9-108.

(3) All sums authorized for appropriation by this section shall be administered and expended by the Chief of Administration and Budget of the Pohnpei Legislature, upon the direction of the Speaker thereof, solely for the purposes of this section. The Chief of Administration and Budget shall submit an annual report to the Legislature on or before October 15 of each year on the administration of this section for the previous fiscal year. All sums appropriated under the authorization of this section not expended or obligated for expenditure on September 30 of each year shall revert to the general fund of Pohnpei.

Source: D.L. No. 4L-45-76 §7, 5/25/76; D.L. No. 4L-136-78 §33, 3/27/78; S.L. No. 3L-56-94 §2, 8/6/94

Note: S.L. No. 3L-56-94 §1 repealed D.L. No. 4L-45-76 §§1 – 6.

 

2 PC 9-112.  Staff housing: budget authorization; administration.

(1) There is hereby authorized for appropriation from the general fund of Pohnpei a sum to be determined annually in the Comprehensive Budget Act for the purpose of providing housing for the staff, who are so entitled, of the Pohnpei Legislature. The sum herein authorized may be used for, but is not limited to, housing rental, purchase of furniture and equipment or house construction.

(2) The sums herein authorized for appropriation shall be administered and expended by the Chief of Administration and Budget, upon approval of the Speaker of the Legislature and the Chairman of the Legislature Committee on Finance or an authorized Subcommittee thereof, solely for the purposes stated in Subsection (1) of this section. The Chief of Administration and Budget shall report to the Legislature within 15 days after the closing day of the previous Legislative fiscal year on all matters concerning the expenditure of the sums authorized for appropriation by this section for the previous fiscal year. Any balance of the sum not expended or obligated for expenditure on the last day of each fiscal year shall revert to the general fund of Pohnpei.

Source: D.L. No. 4L-79-77 §§1 & 2, 5/6/77; D.L. No. 4L-136-78 §2, 3/27/78

 

2 PC 9-113.  Membership in Association of Pacific Island Legislatures: budget authorization; administration.

(1) There is hereby authorized for appropriation from the general fund of Pohnpei a sum or sums to be determined annually in the Comprehensive Budget Act, or so much thereof as may be necessary, for the purpose of defraying the costs of the Pohnpei Legislature’s participation in activities relative to its membership in the Association of Pacific Island Legislatures.

(2) The sum herein authorized for appropriation shall be administered and expended by the Speaker of the Legislature solely for the purpose stated in Subsection (1) of this section. The Speaker shall report to the Pohnpei Legislature on or before October 15 each year on all matters concerning the expenditure of the sum authorized for appropriation by this section. Any balance of the sum appropriated for a fiscal year under the authorization of this section not expended or obligated for expenditure on September 30 of that fiscal year shall revert to the general fund of Pohnpei.

Source: S.L. No. 1L-70-86 §§1 & 2, 10/1/85

Note: S.L. No. 1L-70-86 §3 repealed S.L. No. 3L-38-84, 10/4/84 in its entirety.

 

 

 

TITLE 3

EXECUTIVE

 

 

CHAPTER

1  GENERAL ORGANIZATION

2  Office of the governor and lieutenant governor

3 & 4  [Reserved]

5  ECONOMIC PLANNING COMMISSION

6  Development plan

7 – 9  [RESERVED]

10  GOVERNOR’S OFFICE Finances

 

 

 

 

chapter 1

general organization

 

 

Section

1-101  Short title

1-102  Office of the Governor

1-103  Office of the Lieutenant Governor

1-104  Executive departments

1-105  Executive offices

1-106  Executive authorities, commissions, and agencies

1-107  Administrative heads; supervision

1-108  Duties, responsibilities, and functions

1-109  Appointments

1-110  Supersession

1-111  Transition and succession

1-112  Rights and obligations of employment contracts

 

 

3 PC 1-101.  Short title. This chapter is known and may be cited as the “Executive Reorganization Act of 2016”.

Source:  S.L. No. 5L-14-00 §0-1, 10/1/00; S.L. No. 9L-20-16 §1, 1/01/17

 

3 PC 1-102.  Office of the Governor. The Office of the Governor shall be composed of the Governor, the Division of Budget and such office divisions and functions as required by law, and such support staff as the annual Comprehensive Budget Act shall allow and who shall be employed pursuant to the Public Service System Act, Title 9 Chapter 2.

Source: S.L. No. 5L-14-00 §1-1, 10/1/00; S.L. No. 9L-20-16 §2, 1/01/17

 

3 PC 1-103.  Office of the Lieutenant Governor. The Office of the Lieutenant Governor shall be composed of the Lieutenant Governor and such support staff as the annual Comprehensive Budget Act shall allow and who shall be employed pursuant to the Public Service System Act, Title 9 Chapter 2.

Source: S.L. No. 5L-14-00 §1-2, 10/1/00

 

3 PC 1-104.  Executive departments. There is hereby provided within the executive branch of the Pohnpei Government the following executive departments.  Each department shall consist of an office of the director and such divisions as are listed thereunder.  Each department shall be under the administrative direction of a department director.  No department shall have a deputy director or assistant to the director.  Each division, except in instances where the director maintains direct management of the division, shall have a division chief.  In addition, each department shall be composed of such support staff as the annual Comprehensive Budget Act shall allow.  Policy, review, and advisory boards and councils created for oversight of the department activities shall be attached to the respective department for administrative purposes.

(1) The Department of Treasury and Administration shall include the following divisions:

(a) The Division of Finance and Property Accountability;

(b) The Division of Revenue and Taxation; and

(c) The Division of Personnel, Labor and Manpower Development.

(2) The Department of Education shall include the following divisions:

(a) The Division of Curriculum, Instructional Development, and Specialized Education;

(b) The Division of Early Childhood Education;

(c) The Division of Primary Education; and

(d) The Division of Secondary Education.

(3) The Department of Health Services shall include the following divisions:

(a) The Division of Administration and Health Planning;

(b) The Division of Medical Services;

(c) The Division of Primary Health Care;

(d) The Division of Dental Services; and

(e) The Division of Social Services.

(4) The Department of Public Safety shall include the following functions and divisions:

(a) The Division of Police and Security;

(b) The Division of Corrections and Rehabilitation;

(c) The Division of Fish and Wildlife; and

(d) The Division of Fire and Emergency Services.

(5) The Department of Land shall include the following divisions:

(a) The Division of Public Land;

(b) The Division of Surveying and Mapping; and

(c) The Division of Historic Preservation.

(6) The Department of Resources and Development shall include the following divisions:

(a) The Division of Agriculture;

(b) The Division of Natural Resources Management;

(c) The Division of Tourism; and

(d) The Division of Commerce and Industries.

Source: S.L. No. 5L-14-00 §§1-3 – 1-8, 10/1/00; S.L. No. 6L-20-04 §1, 10/26/04; S.L. No. 7L-80-11 §1, 1/14/11; S.L. No. 9L-20-16 §3, 1/01/17

 

3 PC 1-105.  Executive offices. There is hereby provided within the executive branch of the Pohnpei Government the following executive offices.  Each office shall be under the administrative direction of an administrator.  No office may have a deputy administrator or assistant to the administrator.  Each office shall be composed of such support staff as the annual Comprehensive Budget Act shall allow.  Policy, review, and advisory boards and councils created for oversight of office activities shall be attached to the respective offices for administrative purposes.

(1) The Office of the Attorney General shall include the following functions:

(a) Law;

(b) Litigation;

(c) Investigation Unit on White Collar Crimes; and

(d) Registrar of Corporations.

(2) The Office of Transportation and Infrastructure shall include the following functions:

(a) Public transportation;

(b) Field trip ship operations; and

(c) Public works which function shall serve as the Project Management Unit for infrastructure projects for the State of Pohnpei.

(3) The Office of Fisheries and Aquaculture shall be responsible for all oversight and development of fisheries and aquaculture including the function of marine development.

Source: S.L. No. 5L-14-00 §§1-9 – 1-13, 10/1/00; S.L. No. 7L-20-08 §1, 11/26/08; S.L. No. 7L-54-09 §1, 12/23/09; S.L. No. 8L-51-14 §1, 7/24/14; S.L. No. 9L-06-16 §2, 5/9/16; S.L. No. 9L-20-16 §4, 1/01/17

 

3 PC 1-106.  Executive authorities, commissions, agencies, and councils. There is also provided within the executive branch of the Pohnpei Government such executive authorities, commissions, agencies, and councils which have been or may be created by statute and placed in, or performing functions of the executive branch.

Source: S.L. No. 5L-14-00 §1-14, 10/1/00; S.L. No. 8L-51-14 §2, 7/24/14

 

3 PC 1-107.  Administrative heads; supervision. The administrative head of each executive department, executive office, and authority, commission, and agency reports to and shall be under the direct supervision of the Governor.

Source: S.L. No. 5L-14-00 §2-1, 10/1/00

 

3 PC 1-108.  Duties, responsibilities, and functions. Duties, responsibilities, and functions of each governmental agency and subagency listed in this chapter shall be as determined by the Pohnpei Constitution and laws of Pohnpei. The Governor may, in addition, provide for specific prescriptions of such duties, responsibilities, and functions therefor by issuance of administrative directives that are not inconsistent with the Pohnpei Constitution or the laws of Pohnpei.

Source: S.L. No. 5L-14-00 §2-2, 10/1/00

 

3 PC 1-109.  Appointments. Pursuant to Article 9 §10 of the Pohnpei Constitution, the Governor shall appoint the administrative heads of all executive departments, executive offices, and authorities, commissions, and agencies listed in this chapter pursuant to the Uniform Appointments and Tenure Act, Title 9 Chapter 1, or its successor. Tenure and filling of vacancies of said positions shall be as prescribed in said statute or other applicable statutes.

Source: S.L. No. 5L-14-00 §2-3, 10/1/00

 

3 PC 1-110.  Supersession. All memoranda, directions, charts, and other documents relating to the organization of the executive branch of the Pohnpei Government which were in effect prior to the effective date of this chapter [October 1, 2000] are hereby superseded.

Source: S.L. No. 5L-14-00 §4-1, 10/1/00

 

3 PC 1-111.  Transition and succession.

(1) The Governor shall, by executive order(s), provide for a smooth and orderly transition to complete the reorganization in accordance with this chapter, including the establishment, elimination, transfer or disposal of such functions, liabilities, budgets, personnel, and assets as are appropriate.

(2) The following officers, departments or offices created by this chapter with similar or identical divisions or functions are deemed successors to the former departments, bureaus, and commissions created by statute for the purpose of organizing or reorganizing the executive branch of the Pohnpei Government.

(a) The Department of Resources and Development and its Division of Commerce and Industries shall be the successors to the Office of Economic Affairs.

(b) The Department of Resources and Development and its Division of Natural Resources Management shall be the successors to the Division of Forestry of the Department of Land and Natural Resources.

(c) The Department of Health Services and its Division of Social Services shall be the successors to the Office of Social Affairs.

Source: S.L. No. 5L-14-00 §4-2, 10/1/00; S.L. No. 9L-20-16 §5, 1/01/17

 

3 PC 1-112.  Rights and obligations of employment contracts. Nothing in this chapter shall impair the rights and obligations of employment contracts in existence on the effective date of this chapter [October 1, 2000].

Source: S.L. No. 5L-14-00 §4-3, 10/1/00

Note: S.L. No. 5L-14-00 §3-1, repealing provision has been omitted.

Extended legislative history: 1. S.L. No. 1L-6-79, 10/4/79, was original legislation; S.L. No. 1L-6-79 §1(1)(d) was amended by S.L. No. 2L-99-81 §2, 11/24/81; S.L. No. 1L-6-79 §1(1)(e) was amended by S.L. No. 2L-107-82 §1, 1/28/82; S.L. No. 1L-6-79 §1(3)(a) was amended by S.L. No. 2L-99-81 §1, 11/24/81; S.L. No. 1L-6-79 §3 was amended by S.L. No. 2L-173-83 §7(1), 4/22/83 and S.L. No. 2L-177-83 §7, 5/5/83; S.L. No. 1L-6-79 §4 was amended by S.L. No. 2L-173-83 §7(2), 4/22/83 and S.L. No. 2L-177-83 §8, 5/5/83; S.L. No. 1L-6-79 was repealed by S.L. No. 1L-62-86 §6-6, 4/1/86. 2. S.L. No. 1L-62-86, 4/1/86, provided for reorganization of the executive branch; S.L. No. 1L-62-86 §2-2 was amended by S.L. No. 3L-1-92 §1, 3/12/92; S.L. No. 1L-62-86 §2-3 was amended by S.L. No. 3L-1-92 §2, 3/12/92; S.L. No. 1L-62-86 §3-1 was amended by S.L. No. 3L-1-92 §3, 3/12/92; S.L. No. 1L-62-86 §3-3 was amended by S.L. No. 3L-1-92 §4, 3/12/92 and S.L. No. 3L-32-93 §1, 3/15/93; S.L. No. 1L-62-86 §3-4 was amended by S.L. No. 3L-1-92 §5, 3/12/92; S.L. No. 1L-62-86 §3-5 was amended by S.L. No. 3L-1-92 §6, 3/12/92 and S.L. No. 3L-26-92 §19(1), 11/19/92; S.L. No. 1L-62-86 §3-6 was amended by S.L. No. 3L-6-92 §10, 5/29/92; S.L. No. 1L-62-86 §3-7 was repealed by S.L. No. 3L-1-92 §13, 3/12/92; S.L. No. 1L-62-86 §3-8 (renumbered §3-7) was amended by S.L. No. 3L-1-92 §7, 3/12/92; S.L. No. 1L-62-86 §3-8 was added by S.L. No. 3L-1-92 §8, 3/12/92; S.L. No. 1L-62-86 §4-9 was renumbered as §4-10 by S.L. No. 3L-26-92 §19(2), 11/19/92 and a new §4-9 was added by S.L. No. 3L-26-92 §19(2), 11/19/92; S.L. No. 1L-62-86 §5-3 was repealed and a new §5-3 was added by S.L. No. 3L-1-92 §9, 3/12/92; S.L. No. 1L-62-86 §5-4 was repealed by S.L. No. 3L-1-92 §14, 3/12/92; S.L. No. 1L-62-86 §5-6 (renumbered §5-4) was amended by S.L. No. 3L-1-92 §10, 3/12/92; S.L. No. 1L-62-86 §5-5 was repealed and a new §5-5 was added by S.L. No. 3L-1-92 §11, 3/12/92; S.L. No. 1L-62-86 §5-7 was repealed by S.L. No. 3L-1-92 §14, 3/12/92; S.L. No. 1L-62-86 §5-6 was added by S.L. No. 3L-1-92 §12, 3/12/92; S.L. No. 1L-62-86 §6-8 was repealed by S.L. No. 3L-1-92 §15, 3/12/92; S.L. No. 3L-1-92 §18 was amended by S.L. No. 3L-7-92 §1, 5/25/92. 3. S.L. No. 4L-01-96 §6-4(1), 1/22/96, repealed S.L. No. 1L-62-86, as amended, in its entirety; S.L. No. 4L-01-96 §2-2 was amended by S.L. No. 4L-05-96 §6(1), 3/14/96; S.L. No. 4L-01-96 §4-6 was amended by S.L. No. 4L-05-96 §6(2), 3/14/96; S.L. No. 4L-01-96 §6-6 was amended by S.L. No. 4L-05-96 §6(3), 3/14/96; S.L. No. 4L-01-96 §6-4(2), 1/22/96, repealed S.L. No. 2L-219-71, created the Pohnpei Tourist Commission; S.L. No. 4L-01-96 §6-4(3), 1/22/96, repealed D.L. No. 2L-215-83, created the Pohnpei Sports Council. 4. S.L. No. 5L-14-00 §3-1, 10/1/00, repealed S.L. No. 4L-01-96, the Executive Reorganization Act of 1996, as amended, in its entirety.  Following codification on January 1, 2006,  (1 PC 1-103, S.L. No. 6L-79-06  §1-101, 11/1/06) the Chapter has since been amended by S.L. No. 6L-20-04 §1, 10/26/04; S.L. No. 7L-20-08 §1, 11/26/08; S.L. No. 7L-54-09 §1, 12/23/09 and S.L. No. 7L-80-11 §1, 1/14/11. 2017????

 

 

 

 

chapter 2

Office of the Governor and lieutenant governor

 

 

Section

2-101  Prohibition against the Governor and the Lieutenant Governor from being temporarily absent from the state at the same time

2-102  Order of temporary succession to Offices of Governor and Lieutenant Governor

 

 

3 PC 2-101.  Prohibition against the Governor and the Lieutenant Governor from being temporarily absent from the state at the same time. Except where absence is necessitated by medical referral which can be supported by the testimony of a licensed physician, it is prohibited for the Governor and the Lieutenant Governor to be absent from the state of Pohnpei at the same time.

Source: S.L. No. 5L-14-00 §1-2A, 10/1/00

Note: §1-2A was added by S.L. No. 6L-69-06 §1, 5/16/06.

 

3 PC 2-102.  Order of temporary succession to Offices of Governor and Lieutenant Governor.

(1) When the Governor is temporarily absent from the state, is temporarily disabled, or is constitutionally prohibited from exercising the powers and duties of the Office of the Governor, the powers and duties of the Office of the Governor shall devolve upon the Lieutenant Governor as acting Governor of the state.  Said powers and duties shall be exercised by the Lieutenant Governor in addition to the exercise of his prescribed powers and duties for the Office of the Lieutenant Governor.  Compensation of the Lieutenant Governor while he is acting Governor under this subsection shall remain at the level prescribed for the Lieutenant Governor.

(2) When the Lieutenant Governor is temporarily absent from the state, is temporarily disabled, or is constitutionally prohibited from exercising the powers and duties of the Office of the Lieutenant Governor, the powers and duties of the Office of the Lieutenant Governor shall devolve upon the Attorney General, the Director of the Department of Treasury and Administration, the Director of the Department of Education, the Director of the Department of Health Services, the Director of the Department of Public Safety, the Director of the Department of Land, the Director of the Department of Resources and Development, the Administrator of the Office of Transportation and Infrastructure, and the Administrator of the Office of Fisheries and Aquaculture, in the order named; PROVIDED that, subject to the restrictions set forth in this section, the Lieutenant Governor may designate one of the above named officials to serve as the acting Lieutenant Governor for a specific identified temporary absence or temporary disablement; PROVIDED FURTHER that such designation shall be in writing and copies thereof shall be promptly transmitted to the Speaker of the Pohnpei Legislature, the Chief Justice of the Pohnpei Supreme Court, the Pohnpei Public Auditor and each of the officials named in this subsection.

(3) The powers and duties of any officer acting as Lieutenant Governor under this section shall include the powers and duties of the Office of the Governor when the Governor is temporarily absent from the state or is temporarily disabled, in addition to the other powers and duties of the Lieutenant Governor.

(4) Persons acceding to the Office of Lieutenant Governor or Governor under this section shall serve in an acting capacity only, and shall not receive the compensation of that office.

(5) No officer shall act as Governor or Lieutenant Governor under this section unless the officer is eligible to hold the Office of Governor or Lieutenant Governor pursuant to the Pohnpei Constitution.  No officer shall act as Governor or Lieutenant Governor under this section unless the officer has been appointed and confirmed prior to the time the powers and duties of the Office of Governor or Lieutenant Governor devolve upon the officer.  No officer shall act as Governor or Lieutenant Governor under this section if the officer is under impeachment at the time the powers and duties of the Office of the Governor or Lieutenant Governor devolve upon the officer.  No officer shall accede to the Office of Governor or Lieutenant Governor under this section, so long as the officer is temporarily absent from the state or temporarily disabled, nor shall anyone acting for him accede to any office under this section.

(6) This section shall cease to operate upon the commencement of operation of 10 PC 6-105, covering permanent vacancies in the Offices of the Governor and Lieutenant Governor.

Source: S.L. No. 8L-81-15 §1, 9/1/15; S.L. No. 9L-20-16 §6, 1/01/17

 

 

 

 

chapters 3 & 4

[Reserved]

 

 

CHAPTER 5

ECONOMIC PLANNING COMMISSION

 

 

Section

5-101  Purpose

5-102  Economic Planning Commission

5-103  Responsibilities of the Commission

5-104  Commission powers regarding information

5-105  Authorization for appropriation; administration

 

 

3 PC 5-101.  Purpose. There is a critical need for the state of Pohnpei to establish overall strategic direction and mobilization in its planning and development efforts to restructure the government and economy of the state in this time of diminishing revenues from the Compact of Free Association and the increasing cost of government. It is the priority function of the state government to: provide a suitable level of social, infrastructure, and administrative services to meet the basic needs of the people, consistent with a desirable and affordable standard of living; and, to promote and facilitate a sufficient rate of economic development and growth in order to create employment opportunities, to increase private income and investment and, thereby, the generation of government revenues through appropriate and equitable taxes and fees to meet the funding needs of the government. In order to accomplish this, an appropriate policy analysis and planning instrumentality needs to be established in the executive branch under the leadership of the Governor to provide the entire governmental institution with the appropriate broad-based, analytical background to carry out its strategic planning and development implementation functions. This chapter is therefore intended to create a permanent strategic planning and policy review and consultative forum in which leaders and technical experts in the public and private sectors can regularly convene to conceptualize, with the assistance of the relevant government departments, divisions, agencies, authorities, and commissions, the appropriate steps to be taken in developing Pohnpei’s future.

Source: S.L. No. 4L-05-96 §1, 3/14/96

 

3 PC 5-102.  Economic Planning Commission.

(1) There is hereby established for Pohnpei State an Economic Planning Commission, hereinafter referred to as the “Commission,” which shall be composed of the Governor, the Director of the Department of Resources and Development, and seven members appointed by the Governor representing the development, management, financial, social, and the productive sectors.  The Governor shall seek, where feasible, to achieve balanced representation on the Commission from the public and the private sectors.

(2) In addition to the appointed members of the Commission specified in Subsection (1) of this section, the Governor, from time to time and for such purposes, issues, and durations as he deems suitable, may invite other officials and experts from the private and public sectors to serve as temporary members of the Commission.  In exercising his authority under this subsection, the Governor is encouraged to consider the merits of inviting officers and experts from relevant agencies, instrumentalities, and branches of the Pohnpei Government, the local governments of the state, the government of the Federated States of Micronesia, the government of the United States of America, other foreign governments and international organizations and funding institutions, academic institutions, and non-governmental organizations concerned with the development and welfare of the Pohnpeian people.  Temporary members shall be eligible to participate in all activities of the Commission as invited by the Governor, except in exercising the right to vote; PROVIDED that, unless otherwise authorized by the Commission, temporary members or their sponsoring entities shall be responsible for their own costs for service on the Commission.

(3) Appointed members shall serve on the Commission for terms commensurate with the term of the appointing Governor.  Unjustified absence for two consecutive meetings shall result in removal from the Commission. Vacancies shall be filled for the unexpired duration of the term in the same manner as original appointments.

(4) The first meeting of the Commission shall be called by the Governor within 15 days following the   date of this chapter [3-14-96].  Meetings thereafter shall be convened at least once each calendar month, or more frequently at the call of the Governor, or upon written request of at least six appointed members who shall specify, in writing, the purpose for convening the meeting.

(5) A majority of the appointed members of the Commission shall constitute a quorum in order to transact business. At its initial organizational meeting, the Commission, by majority vote of the members and the concurrence of the Governor, shall establish its organizational rules and procedures including voting rules.

(6) The Governor shall serve as the Chairman of the Commission and the Commission shall select such other officers as it deems necessary.

(7) The Commission shall adopt its own rules of procedure for its organization and operation.

(8) Members of the Commission shall be compensated at the rates established by the Government Officers’ Salary Act, Title 9 Chapter 4 Subchapter I, as amended or superseded by Pohnpei law, for members of Pohnpei Government policy boards and commissions when actually attending meetings of the Commission, except for those members who are employees of the Pohnpei Government whose service on the Commission shall be deemed public service for which additional compensation shall not issue, but shall receive, instead, their regular salaries while performing functions of the Commission.

(9) Members of the Commission shall be entitled to receive travel expenses and per diem at standard Pohnpei Government rates when traveling on the budget of the Commission as authorized by the Commission, in instances when those amounts would be payable to Pohnpei Government employees in the same circumstances.

(10) The Governor shall provide assistance to the Commission in the performance of its duties, which assistance shall include, but need not be limited to, office space, legal assistance, technical assistance, and clerical and administrative support.

(11) The Commission shall continue in existence until otherwise provided by law.

Source: S.L. No. 4L-05-96 §2, 3/14/96; S.L. No. 5L-14-00 §3-19, 10/1/00; S.L. No. 9L-20-16 §7, 1/01/17

 

3 PC 5-103.  Responsibilities of the Commission. It shall be the responsibility of the Commission to:

(1) Recommend development priorities of the state government and assist in the preparation of the Integrated State Five-Year Development Plan incorporating these strategic priorities, goals, and programs;

(2) Review the short-term plans and work programs of agencies and departments in the key development sectors and make recommendations to ensure that sectoral implementation is consistent with the overall plan goals and strategies, and to ensure that such implementation is undertaken efficiently with sufficient technical and financial resources and clearly quantified outputs, sectoral goals, and time schedules of implementation; EXCEPT that it is understood that each department and office, and the appointed head thereof, shall be responsible for the formulation and implementation of short-term operational plans and all normal administrative implementation matters within the purview of the department or office, as defined by statute or executive order;

(3) Monitor plan implementation, providing policy guidance, and recommend adjustments as required to policies, organizational arrangements, priorities, and strategies to maximize the attainment of the plan goals;

(4) Provide ongoing analysis of the state’s governmental services, organization, and personnel, and make recommendations to improve the same;

(5) Oversee the preparation of the annual operating and capital development budgets of the executive branch and agencies;

(6) Oversee, generally, the current and proposed major development projects within the state, providing particular analysis and recommendations on all such projects and proposals which require government funding, subsidy or policy and regulatory concessions;

(7) Recommend policies and strategies to increase the role and productive output of the private sector in the economy of the state;

(8) Recommend policies and strategies to develop the human resources of Pohnpei, commensurate with the life-style choices of the communities and individuals;

(9) Review government-funded and -operated services and operations with a view toward reducing governmental financial costs while maintaining necessary services in an economically efficient and equitable manner, emphasizing, in this effort, the revision or development of user fees and charges and the commercialization, privatization or divestiture of government services and assets;

(10) Recommend state policies and strategies with regard to national, regional, and international cooperation, both government and non-government, to increase external assistance and investment in Pohnpei in a coordinated manner and in accordance with overall state priorities, to create more efficient commercial trade and resource utilization mechanisms, and to improve the delivery of externally funded aid and investment in Pohnpei;

(11) Review existing tax and tariff laws and administration in relation to development issues, at the state, national, and local levels, and make recommendations regarding the revision of such laws and administration;

(12) Establish mechanisms for regular communication of the activities, recommendations and analyses of the Commission to the other branches of the state government, other governments, and institutions, to the Pohnpei communities and to the local foreign business communities;

(13) Coordinate the compilation and dissemination of data, statistical summaries, and information on all vital socio-economic indicators necessary for monitoring of social and economic development progress and for financial and commercial appraisal and assessment of the Pohnpei economy;

(14) Recommend appropriate legislation to implement the goals and priorities set by the Commission, and establish mechanisms for close and ongoing communications with and submissions of legislation to the Legislature; and

(15) Undertake such other reviews, functions, and tasks as are referred to the Commission by the Governor or the Pohnpei Legislature.

Source: S.L. No. 4L-05-96 §3, 3/14/96

 

3 PC 5-104.  Commission powers regarding information. The Governor may request any information and data that the Commission deems necessary. Requests for information shall be specific and detailed and shall establish a reasonable time frame for the production of the information requested. The Commission shall establish operational rules for the safeguarding of any confidential information or materials received by the Commission, to include disciplinary actions and procedures regarding the negligent or intentional release of such confidential information or materials.

Source: S.L. No. 4L-05-96 §4, 3/14/96

 

3 PC 5-105.  Authorization for appropriation; administration.

(1) There is hereby authorized for appropriation such sums from such Treasury funds as may be identified and allocated annually in the Comprehensive Budget Act for the purposes of financing the compensation of members and expenses of the Economic Planning Commission.

(2) In addition to the sums appropriated under the authorization of Subsection (1) of this section, the Commission shall be eligible to receive financial assistance from other grants made available to the Pohnpei Government, including, but not limited to, contributions from intergovernmentalassociations, the United States of America Government, the FSM National Government, the local governments of this state, and other sources.

(3) All financing appropriated or otherwise made available to the Commission shall be administered and expended by the Governor solely for the purposes specified in this chapter and subject to the terms and conditions of the granting authority which are not inconsistent with this chapter.

(4) Unless otherwise provided in the Comprehensive Budget Act, the balance of any sums appropriated under the authorization of Subsection (1) of this section that are not expended or obligated for expenditure at the close of the fiscal year for which they were appropriated shall revert to the fund or funds in the Pohnpei Treasury from which the appropriation was made.

(5) Sums provided to the Commission from other sources as prescribed in Subsection (2) of this section shall remain available to the Commission until fully expended on the project or program for which the grant has been received. Upon conclusion of such project or program, such sums made available under the grant shall be returned or disposed of pursuant to the terms of the grant; PROVIDED that, if there be no such terms, said balance shall be deposited in the general fund of the Treasury as the realization of public revenues.

(6) The Governor shall submit an annual report to the Legislature on all financial matters with respect to the administration and expenditure of all monies made available to the Commission for a fiscal year within 15 days following the close of the fiscal year.

            Source: S.L. No. 4L-05-96 §5, 3/14/96

 

 

 

CHAPTER 6

DEVELOPMENT PLAN

 

 

Section

6-101.  State to have an official Development Plan

6-102.  Adoption of the first Development Plan

6-103.  Procedures for changes and replacements

6-104.  Construction

6-105.  Authority to transmit

 

 

3 PC 6-101.  State to have an official Development Plan. The state of Pohnpei shall establish and maintain an official Development Plan setting forth the development policies of the state for the present and for future years.  The Plan shall be strategic in nature, shall be reviewed, modified, revised and updated on a periodic basis, and may from time to time be replaced in whole or in part in the manner prescribed by this chapter of the Code.

Source: S.L. No. 8L-33-13 §1, 9/18/13

 

3 PC 6-102.  Adoption of the first Development Plan. The documents entitled “Proceedings of the First Pohnpei State Economic Summit (May 6–9, 1996),” and “Pohnpei State Public Sector Investment Program”, incorporated herein by reference, are hereby adopted and declared to be the first official Development Plan for the state of Pohnpei.  Notwithstanding the time limits prescribed in the documents composing said Plan, the first official Development Plan for the state of Pohnpei shall remain as the official development policy of the state as it may be modified, revised and updated, subject to replacement in whole or in part in the manner prescribed by 3 PC 6-103.

Source: S.L. No. 8L-33-13 §1, 9/18/13

 

3 PC 6-103.  Procedures for changes and replacements. Modifications, revisions and updates to the first Development Plan identified in 3 PC 6-102 and any new plan designed to replace the initial Plan in whole or in part shall be effectuated by ratification of the relevant plan documents by formal resolution duly adopted by the Pohnpei Legislature in the manner prescribed by Section 12(5) of Article 8 of the Pohnpei Constitution.

Source: S.L. No. 8L-33-13 §1, 9/18/13

 

3 PC 6-104.  Construction. The Development Plan prescribed by this chapter shall be deemed a planning document for the purpose of guiding Pohnpei Government officials and private sector developers as to the major goals and strategies for the development of Pohnpei State.  Project descriptions, detailed plans, implementation schedules, and initiation dates provided in the Development Plan, inclusive of subsequent modifications, revisions and updates thereto, are for illustrative purposes only.  Authorized funding levels and appropriations shall be as provided in future authorization laws of Pohnpei and in the annual Comprehensive Budget Acts of this state.

Source: S.L. No. 8L-33-13 §1, 9/18/13

 

3 PC 6-105.  Authority to transmit. The Governor is hereby authorized to submit the most recent version of the official Development Plan of the state of Pohnpei which has been duly adopted in the manner prescribed by this chapter of the Code to all necessary and relevant persons, associations, and organizations as the official development policy of the state of Pohnpei.

Source: S.L. No. 8L-33-13 §1, 9/18/13

Note: S.L. No. 8L-33-13 §1, 9/18/13 repealed S.L. No. 4L-28-97, 2/18/97 in its entirety.

 

 

 

 

CHAPTERS 7 – 9

[RESERVED]

 

 

CHAPTER 10

GOVERNOR’S OFFICE Finances

 

 

Section

10-101  Governor’s representation fund: authorization; administration

10-102  Governor’s contingency fund: authorization; administration

 

 

3 PC 10-101.  Governor’s representation fund: authorization; administration.

(1) There is hereby authorized for appropriation from the general fund of Pohnpei a sum to be determined annually in the Comprehensive Budget Act for the purpose of funding a Governor’s representation fund.

(2) The sum herein authorized for appropriation shall be administered and expended by the Governor, upon concurrence with the Chief of the Division of Finance and Property Accountability, solely for the purpose stated in Subsection (1) of this section. The Governor shall report to the Legislature on or before October 15 each year on all matters concerning the expenditure of the sum authorized for appropriation by this section. Any balance of the sum appropriated under the authorization of this section not expended or obligated for expenditure on September 30 each year shall revert to the general fund of Pohnpei.

Source: S.L. No. 2L-18-80 §§1 & 2, 9/19/80

Note: S.L. No. 1L-5-79, 10/1/79 also created a Governor’s representation fund, which was, in effect, repealed by the enactment of S.L. No. 2L-18-80.

 

3 PC 10-102.  Governor’s contingency fund: authorization; administration.

(1) There is hereby authorized for appropriation from the general fund of Pohnpei such sums as may be determined annually in the Comprehensive Budget Act for the purpose of establishing a Governor’s contingency fund, to be administered and expended as follows:

(a) To supplement expenses of an emergency or unforeseen nature arising within the approved budget line items in the respective title of the annual Comprehensive Budget Act; PROVIDED that the sum herein authorized for appropriation shall not be used to fund any items not otherwise approved in the respective title of the Comprehensive Budget Act for the executive branch; and

(b) [RESERVED]

(2) All sums herein authorized for appropriation shall be expended and administered under the written direction of the Governor of Pohnpei for the purposes stated in this section. The Governor shall submit an annual written report to the Legislature concerning all expenditures from this fund. Said report shall be submitted on or before October 15 each year. Any balance of the sums appropriated under the authorization of this section not expended or obligated for expenditure on September 30 each year shall revert to the general fund of Pohnpei.

Source: S.L. No. 2L-8-88 §§1 & 2, 4/26/88

 

 

 

TITLE 4

JUDICIARY

 

 

CHAPTER

1  ESTABLISHMENT AND ORGANIZATION OF JUDICIARY

2  GENERAL POWERS, AUTHORITY, AND JURISDICTION

3  POHNPEI SUPREME COURT

4  [RESERVED]

5  COURT OF TRAFFIC AND MISDEMEANOR OFFENSES [PENDING]

6  COURT OF LAND TENURE

7  JUDICIAL ETHICS AND RULES OF CONDUCT

8  [RESERVED]

9  TRANSITION

10  judiciary finances

 

 

 

 

CHAPTER 1

ESTABLISHMENT AND ORGANIZATION OF JUDICIARY

 

 

Section

1-101  Short title

1-102  Judicial authority

1-103  Seals

1-104  Judicial officers and personnel

1-105  Assessors

1-106  Judicial administration

1-107  Judicial budget

1-108  Authorization for appropriation; administration

1-109  Financial administration

1-110  State of the judiciary report

 

 

4 PC 1-101.  Short title. Chapters 1 to 9 are known and may be cited as the “Pohnpei Judiciary Act of 1995.”

Source: S.L. No. 3L-99-95 §1-1, 7/20/95

 

4 PC 1-102.  Judicial authority.

(1) The judicial authority of the state of Pohnpei is vested in the Pohnpei Supreme Court, the Court of Land Tenure, the Court of Traffic and Misdemeanor Offenses, and such other courts as may from time to time be established by statute.

(2) The courts of this state may function as, or appoint qualified persons to function as arbitration, mediation or conciliation bodies or boards, as may be prescribed by law or rule.

Source: S.L. No. 3L-99-95 §1-2, 7/20/95

 

4 PC 1-103.  Seals. The Pohnpei Supreme Court shall have a seal that shall be kept in the custody of the Clerk thereof. Other courts of this state may have seals, which shall be kept in the custody of their respective judges.

Source: S.L. No. 3L-99-95 §1-3, 7/20/95

 

4 PC 1-104.  Judicial officers and personnel.

(1) Justices and judges of the judiciary branch of the Pohnpei Government shall be appointed in the manner and shall be subject to the qualifications of office prescribed in Article 10 of the Pohnpei Constitution and Chapter 1 through Chapter 9 of this title.

(2) The compensation of justices and judges shall be as prescribed by such reapportionment statutes for the compensation of the appointed and elected officers of the Pohnpei Government as may from time to time be enacted pursuant to Article 10 §8 and Article 13 §8 of the Pohnpei Constitution. Justices and judges of the judiciary branch of the Pohnpei Government shall not be eligible to receive vacation leave, annual leave or sick leave, nor shall they be eligible to convert the same into its cash equivalent.

(3) The Chief Justice of the Pohnpei Supreme Court shall appoint a Clerk of the Supreme Court, and such other assistant clerks and employees as are needed to conduct court business. Such employees shall be subject to the personnel system and compensation plans of the judiciary branch as established by statute and court order.

(4) The personnel system for the judiciary branch and the classification of employees thereunder shall, to the extent practicable, be parallel to the personnel system and employee classifications established for the executive branch.

(5) The Chief of the Division of Personnel, Labor and Manpower Development is authorized and directed to assist the Chief Justice, upon request, to establish and periodically evaluate employee classifications within the personnel system for the judiciary branch, to administer examinations, to advertise for personnel, and to provide for such other personnel services as are normally rendered to any agency of the executive branch.

(6) The Chief Justice of the Supreme Court may, in accordance with the personnel system of the judiciary branch, appoint and assign law clerks to assist the justices and judges of the state; PROVIDED that assistance and advice given by the law clerks shall not be that required of an assessor as prescribed by 4 PC 1-105. If such advice is required of a law clerk, he shall be deemed an assessor and be subjected to the law and rules pertaining thereto. Any party to a trial or hearing may request of the presiding or ruling justice or judge for an accounting of the law clerk’s participation in the judicial decision-making processes to determine compliance with this provision. Law clerks shall be accountable as judges with respect to the application of judicial standards prescribed by Chapter 7.

(7) To the maximum extent practicable, the Chief Justice shall provide for the sharing of personnel among the various courts of this state and may enter into cooperative agreements with the national and local governments for the temporary assignment of judicial officers and administrative personnel to and from the judiciaries of said governments.

(8) The Chief Justice of the Supreme Court may discipline or remove any officer or employee of the judiciary branch for good cause pursuant to procedures prescribed therefor in the personnel system of the judiciary branch, subject to appeal to the full Supreme Court.

Source: S.L. No. 3L-99-95 §1-4, 7/20/95; S.L. No. 5L-14-00 §3-32, 10/1/00

 

4 PC 1-105.  Assessors. Any justice or judge of a court of this state may appoint one or more assessors to advise him at the trial or hearing of any case with respect to law or custom or such other matters requiring specialized knowledge. All such advice shall be of record and the assessors shall be subject to examination and cross-examination by any party.

Source: S.L. No. 3L-99-95 §1-5, 7/20/95

 

4 PC 1-106.  Judicial administration.

(1) The court system of this state shall be unified under the administrative supervision of the Chief Justice of the Pohnpei Supreme Court. He shall have the authority to promulgate administrative rules governing all courts and activities of the judiciary branch of this state.

(2) The Chief Justice of the Supreme Court shall establish and maintain a manual of administration for the judiciary branch that shall, among other things, provide for the assignment and description of duties for staff, direction of office responsibilities, and accountability for the attainment and management of judicial properties.

Source: S.L. No. 3L-99-95 §1-6, 7/20/95

 

4 PC 1-107.  Judicial budget.

(1) The budget for the judiciary branch shall be prepared by the Chief Justice independently from the budget processes of the executive branch; PROVIDED that the Chief Justice shall give due consideration to budget ceilings and recommenda­tions issued by the Governor.

(2) The budget shall include an accounting of all expected sources of financing for the judiciary, inclusive of grants and other receipts from the national and local governments and other sources.

(3) The budget shall be submitted to the Legislature through the office of the Governor as a part of the overall budget presentation for the state and shall conform to the requirements provided by law for the submission of budget documents generally by the executive branch.

Source: S.L. No. 3L-99-95 §1-7, 7/20/95

 

4 PC 1-108.  Authorization for appropriation; administration.

(1) There is hereby authorized for appropriation from the general fund of Pohnpei and such other funds of the Pohnpei Treasury as may be established to support the judiciary branch of the Pohnpei Government such sums as may be determined and allocated annually in the Comprehensive Budget Act, or so much thereof as may be necessary, to finance the operations of the judiciary branch.

(2) All sums so appropriated shall be administered and expended by the Chief Justice solely for the operations of the judiciary branch as specified by Chapter 1 through Chapter 9 of this title.

(3) Any balance of the sums appropriated under the authorization of this section for a fiscal year not expended or obligated for expenditure on September 30 each year shall revert to the respective fund of the Treasury from which it was appropriated.

(4) The Chief Justice, subject to applicable statutes controlling the request, receipt, and use of grants and other modes of financial assistance from sources within and without the state, may receive and expend such grants and assistance for the support of the activities of the judiciary branch of this state.

(5) The Chief Justice shall submit an annual report to the Legislature on or before October 15 detailing all financial activities of the judiciary branch for the preceding fiscal year.

Source: S.L. No. 3L-99-95 §1-8, 7/20/95

 

4 PC 1-109.  Financial administration.

(1) Subject to the availability of funds, the Financial Organization and Management Act, Title 11 Chapter 2, and the requirements of Chapter 1 through Chapter 9 of this title, the Director shall make all disbursements requested by the Chief Justice, except for disbursements for which no allotments have been made or disbursements which would cause a specific allotment to be exceeded.

(2) The Chief Justice shall be responsible for the proper expenditure of all funds appropriated to or otherwise received by the judiciary branch and is authorized to establish such administrative rules and procedures, including the retention of independent auditors, as may be necessary and as are consistent with state law to ensure the proper expenditure and accounting of such funds.

Source: S.L. No. 3L-99-95 §1-9, 7/20/95

 

4 PC 1-110.  State of the judiciary report. The Chief Justice of the Pohnpei Supreme Court shall, during the Governor’s state of the state address and during the first regular legislative session each year at such times as may be agreed upon by the Chief Justice and the Speaker of the Pohnpei Legislature, provide a written report to the Legislature and the Governor on the state of the judiciary, that report shall include the predominant judicial events and accomplishments for the previous year and planned developments for the judiciary branch in the present and future years.  The Chief Justice shall include in the report such topics as may be required by law and such other matters as the Chief Justice deems appropriate to raise before the Legislature.

Source: S.L. No. 3L-99-95 §1-10, 7/20/95; S.L. No. 7L-53-09 §1, 12/23/09

 

 

 

 

CHAPTER 2

GENERAL POWERS, AUTHORITY, AND JURISDICTION

 

 

Section

2-101  General powers of the courts

2-102  Rules

2-103  Authority to administer oaths, take acknowledgments, and exercise powers of notary public

2-104  Court sessions

2-105  Sessions, records, and decisions to be public; exceptions

2-106  Contempt

2-107  Right to timely action

2-108  Territorial jurisdiction

2-109  Jurisdiction over persons: civil

2-110  Jurisdiction over persons by act

2-111  Effect of jurisdiction limited

 

 

4 PC 2-101.  General powers of the courts.

(1) The courts of this state shall have the power to issue all writs and other process, make rules and orders, and do all acts not inconsistent with law or with the rules established with respect to the judiciary in general or the specified court in particular.

(2) The courts of this state may, with respect to cases and persons within their jurisdiction, grant bail and writs of habeas corpus, and cause forfeit of security therefor; make orders for the attendance of witnesses with or without documents; and make orders for the disposal of exhibits, except that no exhibit shall be destroyed without the consent of the party who presented it.

Source: S.L. No. 3L-99-95 §3-1, 7/20/95

 

4 PC 2-102.  Rules. The Pohnpei Supreme Court, by majority vote of its justices and after public notice and hearing from all interested parties, shall promulgate rules of court and of civil and criminal procedure, evidence, and for the admission and discipline of counsel. Such rules shall, to the extent practicable, have uniform application in all courts of this state. The rules shall, among other things, provide for a single form of action for all civil cases, and shall make liberal provision for the intervention and joinder of parties and claims, and for discovery, to provide full and fair adjudication of all cases. Where authorized by statute, after public notice and hearing from all interested parties, and upon concurrence of the Chief Justice of the Supreme Court, other courts of the state may promulgate rules pertaining to their special circumstances.

Source: S.L. No. 3L-99-95 §3-2, 7/20/95

 

4 PC 2-103.  Authority to administer oaths, take acknowledgments, and exercise powers of notary public. Each justice, the Clerk and assistant clerks of the Pohnpei Supreme Court, and each judge of the other courts of this state shall have the authority to administer oaths and affirmations, take acknowledgments, and exercise all powers of notary public.

Source: S.L. No. 3L-99-95 §3-3, 7/20/95

 

4 PC 2-104.  Court sessions.

(1) The Pohnpei Supreme Court shall be in continuous session at Kolonia, subject to recess. It shall hold sessions in other areas of the state on a regular basis whenever required by the public interest.

(2) The other courts of this state shall be in session pursuant to Chapter 1 through Chapter 9 of this title, the rules established by the Supreme Court, and the rules of the particular court.

Source: S.L. No. 3L-99-95 §3-4, 7/20/95

 

4 PC 2-105.  Sessions, records, and decisions to be public; exceptions.

(1) All sessions and records of the courts of this state shall be public; PROVIDED that the courts may order certain sessions to be closed or specific records suppressed for good cause that shall be identified in the public record. All decisions shall be public.

(2) Any person desiring to attend any session that has been closed or view any record that has been suppressed may petition the court closing the session or having suppressed the record. Any interested person may appeal the action of the court on said petition as provided by law for appeals generally.

Source: S.L. No. 3L-99-95 §3-5, 7/20/95

 

4 PC 2-106.  Contempt.

(1) Any justice or judge shall have the power to punish contempt of court. Contempt of court is:

(a) Any intentional obstruction of the administration of justice by any person, including any clerk or officer of the court acting in his official capacity; or

(b) Any intentional disobedience or resistance to the court’s lawful writ, process, order, rule, decree or command.

(2) All adjudications of contempt shall be pursuant to the following practices and procedures:

(a) Any person accused of committing any civil contempt shall have a right to notice of the charges and opportunity to present a defense and mitigation. A person found in civil contempt may be imprisoned until such time as he complies with the order or pays an amount necessary to compensate the injured party, or both;

(b) Any person accused of committing criminal contempt shall have a right of notice of the charges and opportunity to present a defense and mitigation; PROVIDED, HOWEVER, that no punishment of a fine of more than $100 or any imprisonment shall be imposed unless the accused is given a right to notice of the charges; to a speedy public trial; to confront the witnesses against him; to compel the attendance of witnesses in his behalf; to have the assistance of counsel; and to be released on bail pending adjudication of the charges. He shall have a right to be charged within three months of the contempt and a right not to be charged twice for the same contempt; and

(c) A person found to be in criminal contempt of court shall be fined not more than $500, or imprisoned not more than three months, or both such fine and imprisonment.

(3) Any adjudication of contempt is subject to appeal as provided by law. Any punishment of contempt may be stayed pending appeal, but a punishment of imprisonment shall be stayed on appeal automatically, unless the court finds that a stay of imprisonment will cause an immediate obstruction of justice, which finding must be supported by written findings of fact. A denial of a stay of imprisonment is subject to review.

Source: S.L. No. 3L-99-95 §3-6, 7/20/95

 

4 PC 2-107.  Right to timely action.

(1) Persons appearing before the courts of this state shall have the right to timely commencement of actions as well as timely decisions by the justice(s) or judge(s) hearing the case or appeal. Unless good cause is shown, justices and judges shall commence proceedings within 90 days of the filing of an action at the Pohnpei Supreme Court. Justices and judges shall render a decision on a matter put before them within 90 days following the close of oral proceedings in a trial and within 120 days following the close of oral arguments in an appeal.

(2) For purposes of enforcement of this section, the chief clerk of each court of this state shall file a monthly statement with the Director of the Department of Treasury and Administration and the Public Auditor. The monthly statement shall contain, but not be limited to, a complete listing of every pending action filed with the court, the date filed, the status of all trial and appeal cases active before the court without decision for more than 90 days or 120 days, respectively, following the close of oral proceedings or arguments thereon and the name of the justice(s) or judge(s) responsible for rendering a decision thereon.

Source: S.L. No. 3L-99-95 §3-7, 7/20/95; S.L. No. 5L-14-00 §3-32, 10/1/00

 

4 PC 2-108.  Territorial jurisdiction. The jurisdiction of the Pohnpei Supreme Court shall extend to the whole of the state. The territorial jurisdiction of other courts of the state shall be as provided by statute.

Source: S.L. No. 3L-99-95 §4-1, 7/20/95

 

4 PC 2-109.  Jurisdiction over persons: civil. The courts of this state may exercise personal jurisdiction in civil cases only over persons found within this state or such lesser area as may be prescribed by statute, except as provided in 4 PC 2-111.

Source: S.L. No. 3L-99-95 §4-2, 7/20/95

 

4 PC 2-110.  Jurisdiction over persons by act. Any person, corporation or legal entity, whether or not a citizen or resident of this state, who in person or through an agent does any of the acts enumerated in this section, thereby submits himself or its personal representative to the jurisdiction of the courts of this state as to any cause of action arising from:

(1) The transaction of any business within the state;

(2) The operation of a motor vehicle within the state;

(3) The operation of a vessel or craft within the territorial waters or airspace of this state;

(4) The commission of a tortious act within the state;

(5) Contracting to insure any person, property or risk located within this state at the time of contracting;

(6) The ownership, use or possession of any interest in real estate, inclusive of leasehold interests, within this state;

(7) Entering into an express or implied contract, by mail or otherwise, with a resident of this state, to be performed in whole or in part by either party in this state;

(8) Acting within this state as director, manager, trustee or other officer of any corporation organized under the laws of or having a place of business within this state, or as executor or administrator of any estate within this state;

(9) Causing injury to persons or property within this state arising out of an act or omission outside of this state by the defendant; PROVIDED that, in addition, at the time of the injury either:

(a) The defendant was engaged in the solicitation or sales activities within this state; or

(b) Products, materials, or things processed, serviced or manufactured by the defendant anywhere were used or consumed within this state; and

(10) Living in a marital relationship within this state notwithstanding subsequent departure from this state, as to all obligations arising for alimony, child support or property rights under applicable law, if the other party to the marital relationship continues to reside in this state.

Source: S.L. No. 3L-99-95 §4-3, 7/20/95

 

4 PC 2-111.  Effect of jurisdiction limited. Only causes of action arising from acts or omissions enumerated in 4 PC 2-110 may be asserted against a defendant in an action in which jurisdiction is based on 4 PC 2-110.

Source: S.L. No. 3L-99-95 §4-4, 7/20/95

 

 

 

 

CHAPTER 3

POHNPEI SUPREME COURT

 

 

Section

3-101  The Pohnpei Supreme Court to be the highest court

3-102  Composition of the Pohnpei Supreme Court

3-103  Qualifications of Pohnpei Supreme Court Justices

3-104  Divisions of the Pohnpei Supreme Court

3-105  Original jurisdiction of the Trial Division

3-106  Appellate jurisdiction

3-107  Order of succession to position of Chief Justice

 

 

4 PC 3-101.  The Pohnpei Supreme Court to be the highest court. Pursuant to Article 10 §4 of the Pohnpei Constitution, the Pohnpei Supreme Court shall be the highest court and the court of last resort for the state of Pohnpei.

Source: S.L. No. 3L-99-95 §16-1, 7/20/95

 

4 PC 3-102.  Composition of the Pohnpei Supreme Court. The Pohnpei Supreme Court shall consist of a Chief Justice, not more than four permanent associate justices, and such alternate and temporary associate justices as prescribed by 4 PC 3-103. Justices shall be appointed in the manner prescribed by Article 10 §3 of the Pohnpei Constitution and shall serve for such terms as prescribed by Article 10 §7 of the Pohnpei Constitution or Chapter 1 through Chapter 9 of this title.

Source: S.L. No. 3L-99-95 §16-2, 7/20/95; S.L. No. 4L-36-97 §1, 5/20/97

 

4 PC 3-103.  Qualifications of Pohnpei Supreme Court Justices.

(1) Chief Justice and permanent associate justices. A person appointed to the position of Chief Justice or permanent associate justice of the Pohnpei Supreme Court shall:

(a) Be at least 35 years of age at the time of nomination and not have been convicted of felony;

(b) Be a graduate from an accredited law school and be admitted to practice law before the National Supreme Court or the highest court of any State of the Federated States of Micronesia, or before the Untied States of America Supreme Court or the highest court of any State thereof; or be a person of demonstrated legal ability obtained through at least five years of practicing law within the State of Pohnpei, the National Government of the Federated States of Micronesia, or the former Trust Territory; and

(c) Have been a citizen and resident of the state of Pohnpei for a cumulative total of at least ten years and at least five years immediately preceding his appointment.

(2) Alternate associate justices. In consultation with the Chief Justice, the Governor may appoint non-citizen alternate associate justices, subject to the advice and consent of the Legislature. The term of an alternate associate justice shall be for two years. An incumbent alternate associate justice may be reappointed subject to the advice and consent of the Legislature. A person appointed to the position of alternate associate justice shall meet the qualifications of Paragraph (a) and (b) of Subsection (1) of this section; PROVIDED that in making alternate appointments to the Supreme Court, the Governor shall select persons who possess extensive experience and learned respect in fields of the law which are important to the growth and maturity of the State judiciary. The Governor in making such appointments may enter into cooperative agreements with the governors of other FSM states and with the chief executives of other jurisdictions in the region for the mutual selection and support of prominent jurists as alternate justices to serve the common needs of island jurisdictions in specialty areas of the law which are new to the island courts or in other areas of the law in which judicial conflicts of interest among permanent, resident justices are likely to occur. In the instance where two or more jurisdictions join together for the mutual appointment of prominent jurists to be shared among the highest courts of said jurisdictions, the Chief Justice of the Pohnpei Supreme Court may enter into agreements with the presiding judges of the highest courts of other affected jurisdictions for the purpose of coordinating the sittings, compensation and costs of utilizing such alternate justices.

(3) Temporary associate justices. The Governor may, in consultation with the Chief Justice, appoint temporary associate justices, subject to the advice and consent of the Legislature. The term of a temporary associate justice shall be for two years.  An incumbent temporary associate justice may be reappointed, subject to the advice and consent of the Legislature. A person appointed to the position of temporary associate justice shall meet the qualifications of Paragraphs (a), (b), and (c) of Subsection (1) of this section; PROVIDED that in making temporary appointments to the Supreme Court, the Governor shall select persons who possess extensive experience and learned respect in fields of the law which are important to the growth and maturity of the State judiciary.

Source: S.L. No. 3L-99-95 §16-3, 7/20/95; S.L. No. 4L-36-97 §2, 5/20/97

 

4 PC 3-104.  Divisions of the Pohnpei Supreme Court. The Pohnpei Supreme Court shall consist of the Trial Division and the Appellate Division. The Trial Division shall consist of the Chief Justice and the associate justices; PROVIDED, HOWEVER, that sessions of the Trial Division may be held by any justice alone. The Appellate Division shall consist of three justices assigned thereto by the Chief Justice, two of whom shall constitute a quorum. Either the Chief Justice or any associate justice may also sit as a member of the three-justice Appellate Division; PROVIDED that he has not heard the case as a justice of the Trial Division. The concurrence of two justices shall be necessary to a determination of any appeal by the Appellate Division, but a single justice, subject to appeal to the full Appellate Division, may make all necessary orders concerning any appeal prior to the hearing and determination thereof, and may dismiss an appeal for want of jurisdiction, or failure to take or prosecute it in accordance with the applicable law or rules of procedure, or at the request of the appellant.

Source: S.L. No. 3L-99-95 §16-4, 7/20/95

 

4 PC 3-105.  Original jurisdiction of the Trial Division. The Trial Division of the Pohnpei Supreme Court shall have original jurisdiction to try all causes, civil and criminal, including probate, admiralty, maritime, and airspace matters within the jurisdiction of the state, and the adjudication of title to land or any interest therein.

Source: S.L. No. 3L-99-95 §16-5, 7/20/95

 

4 PC 3-106.  Appellate jurisdiction. The Appellate Division of the Pohnpei Supreme Court shall have appellate jurisdiction over all causes of action brought in the Trial Division of the Pohnpei Supreme Court. The Trial Division of the Pohnpei Supreme Court shall have appellate jurisdiction over such causes of action brought in the lower courts of the state as prescribed by 57 PC 6-102.

Source: S.L. No. 3L-99-95 §16-6, 7/20/95

Note: A portion of this section which reads “and in matters referred to it by the FSM Supreme Court and the courts of the local jurisdictions of Pohnpei” has been omitted. This part of the provision was declared unconstitutional and void to the extent of its inconsistency with Article 10 §4(3) of the Pohnpei Constitution, see Katerson v. Gallen (Pon. S. Ct. App. 2006).

 

4 PC 3-107.  Order of succession to position of Chief Justice. Whenever the Chief Justice is unable to perform the duties of his office or the office is vacant, due to “incapacity of indefinite time,” either due to a physical or mental disability of some duration, death or other immediate personal incapacity, his powers and duties shall devolve upon the associate justice next in precedence who is able to act, until such disability is removed or another chief justice is appointed and duly qualified. For purposes of Chapter 1 through Chapter 9 of this title, associate justices shall have precedence according to the seniority of their commissions. Justices whose commissions bear the same date shall have precedence according to seniority in age.

Source: S.L. No. 3L-99-95 §16-7, 7/20/95

Note: §16-7 was inserted by S.L. No. 4L-114-99 §1, 7/20/99.

 

 

 

 

CHAPTER 4

[RESERVED

 

 

CHAPTER 5

COURT OF TRAFFIC AND MISDEMEANOR OFFENSES

[PENDING, see 4 PC 5-108]

 

 

Section

5-101  Establishment

5-102  Composition of the Court of Traffic and Misdemeanor Offenses

5-103  Qualifications of judges

5-104  Jurisdiction

5-105  Sessions, compensation, and procedures

5-106  Filing of record

5-107  Rehabilitation programs

5-108  Effective date

 

 

4 PC 5-101.  Establishment. There is hereby created in and for the state of Pohnpei, the Court of Traffic and Misdemeanor Offenses.

Source: S.L. No. 3L-99-95 §18-1, 7/20/95

 

4 PC 5-102.  Composition of the Court of Traffic and Misdemeanor Offenses. The Court of Traffic and Misdemeanor Offenses shall consist of a Presiding Judge and not more than two associate judges as prescribed by 4 PC 5-103. Judges of the Court of Traffic and Misdemeanor Offenses shall be appointed by the Governor with the advice and consent of the Legislature for terms of four years. Judges may be reappointed.

Source: S.L. No. 3L-99-95 §18-2, 7/20/95

 

4 PC 5-103.  Qualifications of judges. A person appointed to be a judge of the Court of Traffic and Misdemeanor Offenses shall:

(1) Be at least 30 years of age at the time of his or her nomination;

(2) Have been a citizen and resident of the state of Pohnpei for a cumulative total of at least five years and at least three years immediately preceding his or her nomination; and

(3) Have at least five years of demonstrable experience in the administration, enforcement, prosecution, defense or adjudication of criminal law.

Source: S.L. No. 3L-99-95 §18-3, 7/20/95

 

4 PC 5-104.  Jurisdiction. The territorial jurisdiction of the Court of Traffic and Misdemeanor Offenses extends to the whole of Pohnpei State. The subject matter jurisdiction of the court shall be concurrent with the Trial Division of the Pohnpei Supreme Court in all traffic and criminal cases that carry a maximum fine of not more than $1,000 or a maximum term of imprisonment of not more than one year, or both such fine and imprisonment, and in juvenile proceedings in which the action involves a minor charged with a violation of such traffic or criminal law.

Source: S.L. No. 3L-99-95 §18-4, 7/20/95

 

4 PC 5-105.  Sessions, compensation, and procedures. Sessions of the Court of Traffic and Misdemeanor Offenses, the compensation of its judges, and its rules of procedure shall be as provided therefor under Chapters 1, 2 and 7 of this title, the current reapportionment act for the compensation of officers of the Pohnpei Government, and the rules of court.

Source: S.L. No. 3L-99-95 §18-5, 7/20/95

 

4 PC 5-106.  Filing of record. As promptly as possible after the final judgment of a case in the Court of Traffic and Misdemeanor Offenses has been entered, the judge thereof shall send a copy of the judgment to the Clerk of the Pohnpei Supreme Court who shall maintain a permanent record of all such court decisions.

Source: S.L. No. 3L-99-95 §18-6, 7/20/95

 

4 PC 5-107.  Rehabilitation programs. The Court of Traffic and Misdemeanor Offenses is hereby authorized and directed to undertake on its own initiative and to cooperate with other entities in the establishment and operation of programs of rehabilitation of offenders brought before the court. In the establishment and operation of such programs the court shall concentrate on youthful offenders and on alternative sentencing designed to reintegrate youthful offenders into the mainstream of society.

Source: S.L. No. 3L-99-95 §18-7, 7/20/95

 

4 PC 5-108.  Effective date. Notwithstanding the effective date of S.L. No. 3L-99-95 [July 20, 1995], this chapter shall take effect upon adoption by the Legislature of a budget to organize and finance the operations of the Court of Traffic and Misdemeanor Offenses.

Source: S.L. No. 3L-99-95 §18-8, 7/20/95

 

 

 

 

CHAPTER 6

COURT OF LAND TENURE

 

 

Section

6-101  Purpose

6-102  Definitions and references

6-103  Court of Land Tenure

6-104  Administrative direction; promulgation of rules and regulations; procedural authority; officers and employees of the Court; appointment of assessors

6-105  Designation of land registration areas

6-106  Jurisdiction of the Pohnpei Supreme Court

6-107  Delineation of land registration areas; surveys of plots and boundaries

6-108  Venue hearings

6-109  Disputed claims; procedure

6-110  Notice of hearing

6-111  Conduct of hearing

6-112  Hearing involving a minor or incompetent; representative to be appointed

6-113  Notice of determination of ownership

6-114  Appeal from a determination of the Court of Land Tenure

6-115  Issuance of certificate of title

6-116  Register of Titles and Interests in Land; custody of Register; copies of certificates

6-117  Transfers and encumbrances of interests in registered lands

6-118  Hearing and determinations required by Title 42 Chapter 3

6-119  Hearing and determination of heirship

6-120  Hearing and determination of interests in public land prior to lease

 

 

4 PC 6-101.  Purpose. The purpose of this chapter is to provide for the mechanisms to complete the process begun during the Trusteeship of title investigation, determination, and registration of interests in lands within this state and to provide for the means to develop and maintain a singular system of filing all recordable interests in land.

Source: S.L. No. 3L-99-95 §17-1, 7/20/95

 

4 PC 6-102.  Definitions and references. As used in this chapter, unless the context clearly requires otherwise:

(1) “Court of Land Tenure” or “court” shall refer to the Court of Land Tenure for the state of Pohnpei created by this chapter;

(2) “Interests in land” shall refer to every interest in land, inclusive of, but not limited to, easements; covenants that run with the land; riparian rights where applicable; leaseholds; and interests in condominium properties;

(3) “Judge” or “judges” shall refer to the judge or judges of the Court of Land Tenure;

(4) “Land” shall refer to all forms of real property and all permanent improvements and attachments thereto;

(5) “Land Commission” shall refer to the Land Commission for the District of Ponape and thereafter of the state of Pohnpei established pursuant to 67 TTC (1980);

(6) “Register of Titles and Interests in Land” or “Register” shall refer to the book or books in which the registration and recordation of all titles and other forms of land ownership or rights in land are filed; and

(7) “Registration area” shall refer to any site that has been duly designated as an official land registration area for the purpose of conducting the business of the Court of Land Tenure.

Source: S.L. No. 3L-99-95 §17-2, 7/20/95

 

4 PC 6-103.  Court of Land Tenure.

(1) There is hereby created within the judiciary branch of the Pohnpei Government a Court of Land Tenure which shall consist of a Principal Judge and not more than two associate judges.

(2) The Court of Land Tenure is authorized and empowered, subject to Chapter 1 through Chapter 9 of this title and other state law, to hear and determine claims of ownership, heirship, interest, right, and boundary to land within the state of Pohnpei and to inquire and determine whether any transfer of an interest in land is in conformity with the requirements of Article 12 §5 of the Pohnpei Constitution. The primary purpose of the court shall be to proceed in the manner in which the court determines to be in the best interest of the people to accomplish the determination and registration of title and other property interests to as many of the land parcels as practical within such registration areas as the court may designate.

(3) Except as provided in Subsection (5) of this section, the Principal Judge and associate judges shall be appointed by the Governor with the advice and consent of the Legislature.

(4) No person may be appointed or serve as a judge of the Court of Land Tenure unless he or she:

(a) Is a citizen and pweldak of Pohnpei;

(b) Is at least 35 years of age;

(c) Is a college graduate or a person of demonstrated legal ability through at least five years of experience practicing law or as a full-time judge of a state court, inclusive of the Land Commission;

(d) Is of good moral character; and

(e) Has not been convicted of a felony.

(5) Each judge of the Court of Land Tenure shall serve for a term of six years or until a successor is confirmed. Judges may be reappointed.

(6) Sessions of the Court of Land Tenure and the compensation of its judges shall be as provided therefor under Chapters 1, 2, and 7.

(7) Judges of the Court of Land Tenure may be disciplined or removed from office in accordance with Chapter 1 through Chapter 9 of this title, other state law, and the rules of judicial conduct promulgated by the Pohnpei Supreme Court with respect to the ethics and conduct of judges generally or with respect to the judges of the Court of Land Tenure specifically. In addition, the judges shall be bound by the rules of judicial conduct promulgated by the Court of Land Tenure pursuant to 4 PC 6-104.

Source: S.L. No. 3L-99-95 §17-3, 7/20/95

 

4 PC 6-104.  Administrative direction; promulgation of rules and regulations; procedural authority; officers and employees of the Court; appointment of assessors.

(1) The Court of Land Tenure shall perform its functions under the administrative direction of the Chief Justice of the Pohnpei Supreme Court.

(2) Consistent with state law and the rules of the Supreme Court, the Court of Land Tenure may promulgate rules and regulations for implementing Chapter 1 through Chapter 9 of this title and other state statutes that provide the court with additional jurisdiction or duties. Such rules and regulations shall have the force and effect of law and a copy thereof shall be filed with the Clerk of the Supreme Court. For administrative purposes, each judge shall perform his or her functions under the supervision of the Principal Judge; PROVIDED, HOWEVER, that all judges of the Court of Land Tenure are to be allowed and shall be expected to exercise independence in judgment when conducting hearings and adjudicating land cases.

(3) Subject to state law and the rules applicable to the court, the Principal Judge shall appoint a Clerk of the Court of Land Tenure and such other officers and employees of the court as may be necessary and as the budget of the court permits. Employees of the Court of Land Tenure shall be part of the personnel system of the state judiciary and shall be subject to rights and responsibilities thereunder.

(4) Consistent with the functions and duties of the Court of Land Tenure as provided by Chapter 1 through Chapter 9 of this title, the Principal Judge of the court is empowered to appoint assessors to the court to assist the judges in the conduct of their responsibilities under Chapter 1 through Chapter 9 of this title. Subject to Chapters 1 and 7, the rules of the Court of Land Tenure shall prescribe the proper roles, functions, assignments, terms of office and other administrative concerns with respect to the appointment and use of assessors to the court.

Source: S.L. No. 3L-99-95 §17-4, 7/20/95

 

4 PC 6-105.  Designation of land registration areas.

(1) The Court of Land Tenure shall designate a land registration area or areas within which it believes it will be desirable and practicable to register lands. When work in a designated land registration area has been completed except for major disputed cases, or when work in a designated area cannot be completed for good cause, and in the opinion of the court public interest would be served by moving to a new land registration area or areas, it may do so until all lands in all parts of the state are duly registered. In making a determination to move to a new area, the court shall decide whether such move also indicates that, for the immediate present, the court will or will not continue to hear claims in formerly designated areas.

(2) The Clerk of the Court of Land Tenure shall, upon instruction of the Principal Judge, cause a copy of the designation of any land registration area by that court to be filed with the Clerk of the Pohnpei Supreme Court. The Clerk of the Court of Land Tenure shall further notify the Clerk of the Supreme Court of the decision of the Court of Land Tenure whether the court intends to continue to hear claims in previously designated areas.

Source: S.L. No. 3L-99-95 §17-5, 7/20/95

 

4 PC 6-106.  Jurisdiction of the Pohnpei Supreme Court.

(1) Nothing in this chapter shall be deemed to deprive the Pohnpei Supreme Court of original trial jurisdiction over cases with respect to interests in land; PROVIDED that the Supreme Court may, in its rules, require persons desiring the registration of interests in land in areas wherein the Court of Land Tenure is actively adjudicating claims to first file their claims with the Court of Land Tenure.

(2) Notwithstanding Subsection (1) of this section and subject to the provision of 4 PC 3-105, the Clerk of the Supreme Court shall notify the Court of Land Tenure of each incidence when the Supreme Court decides to entertain a land case in a registration area wherein the Court of Land Tenure is actively hearing and adjudicating claims.

(3) The Court of Land Tenure shall not entertain any case already pending before the Supreme Court.

(4) In accordance with 57 PC 6-101 and at any time the Supreme Court determines that it is necessary, after due notice and for good cause explained thoroughly on the record in open court, it may take over jurisdiction of any case pending before the Court of Land Tenure.

(5) Pursuant to 57 PC 6-101, or upon order of the Supreme Court, or upon application of any party to a land case pending before the Court of Land Tenure, or upon a decision of the Court of Land Tenure acting on its own motion, the Court of Land Tenure shall provide for the transfer of the case and a copy of all written records relative thereto to the Supreme Court. Upon receipt of the transfer documents, the Supreme Court may hear the full case, decide on any point relative thereto, and remand the remainder of the case to the Court of Land Tenure, or deny the referral until final action thereon has been taken by the Court of Land Tenure.

Source: S.L. No. 3L-99-95 §17-6, 7/20/95

 

4 PC 6-107.  Delineation of land registration areas; surveys of plots and boundaries. Upon the designation of a land registration area, it shall be the duty of the Director of the Department of Land to cause an accurate delineation of the exterior bounds of the area so designated and thereafter to make such surveys of plots and place markers to each parcel boundary as the Court of Land Tenure may direct.  It shall be the responsibility of the court to conduct negotiations for the location of corners and to point out to surveyors boundaries to be surveyed; PROVIDED, HOWEVER, that such negotiations and instructions prior to adjudication of claims therein or with respect thereto shall not be binding on the court as to the adjudication of such claims.

Source: S.L. No. 3L-99-95 §17-7, 7/20/95; S.L. No. 9L-20-16 §8, 1/01/17

 

4 PC 6-108.  Venue hearings. The Principal Judge of the Court of Land Tenure shall select and instruct one of the judges of the court to conduct initial hearings on claims within a designated land registration area. The designated judge shall, upon his or her selection:

(1) Institute a preliminary inquiry regarding titles to and interests in all lands claimed by persons, real and corporate, families, lineages, clans, the Pohnpei Public Lands Trust Board of Trustees, and other entities, within the area for which the judge is responsible. If satisfied that such claims have any foundation in law or fact, the judge shall record the same for hearing.

(2) When the recording of such claims is complete in the area for which the judge is responsible, the judge shall, after notice as herein prescribed, proceed to hear the parties and witnesses, and adjudicate such claims as are subject to the jurisdiction of the Court of Land Tenure.

(3) The judge shall render a decision on a claim within the time prescribed by §2-107.

(4) Decisions of the judges of the Court of Land Tenure shall be consistent with the Pohnpei Constitution, the laws of this state, the customs and traditions of this state, and the social and geographical configuration of this state. Every justice and judge of the court shall make a diligent inquiry, the results of which shall be recorded in the written decision of the court, to determine whether the requirements of Article 12 §5 of the Pohnpei Constitution have been met. Recourse to interpretations of laws and customs of other jurisdictions shall, in all matters, be secondary to those of this state in finding the law of Pohnpei.

(5) Upon reaching a decision on a claim, the judge shall record the place name and the parcel number of the land with the Clerk of the Court of Land Tenure, or if there be no parcel number and place name, the judge shall provide a brief description of the land so affected by the decision. The judge shall further record with the Clerk, the names or other identifying insignia of those persons and entities found to be the rightful owners thereof and the type of ownership involved, and shall further record with the Clerk the names or other identifying insignia of those persons and entities found to hold any subordinate rights or interests in such lands.

(6) Where parties to a claim agree to a settlement or compromise in the presence of the judge designated to hear the claim, the particulars required by Subsection (5) of this section shall be recorded by the judge with the Clerk and shall have the same force and effect as a decision of the judge.

(7) Upon completion of the actions set forth in Subsections (1) through (6) of this section, the Clerk shall keep the record of the actions taken and decisions made in the permanent files of the Court of Land Tenure.

Source: S.L. No. 3L-99-95 §17-8, 7/20/95

 

4 PC 6-109.  Disputed claims; procedure. Each judge shall endeavor to hear and adjudicate as many claims in his or her designated land registration area as possible. The judge shall endeavor to avoid becoming involved in such lengthy consideration of disputed claims as will seriously interfere with the pace of adjudication of claims generally within that land registration area. Each judge shall closely note the following:

(1) If a judge deems that consideration of a disputed claim will seriously interfere with the timely accomplishment of the purpose of this chapter, the judge may refer the claim to the Principal Judge of the Court of Land Tenure without the judge making a decision thereon.

(2) Similarly, if the Principal Judge deems that the designated judge is spending an unnecessary amount of time on a particular disputed claim, the Principal Judge may withdraw the claim from consideration by that judge.

(3) In either of the situations set forth in Subsection (1) or Subsection (2) of this section, the designated judge shall submit to the Principal Judge the full record of the case and claims pertaining thereto, including the substance of all testimony, if any, taken by the judge. Upon receipt thereof, the Principal Judge may either:

(a) Designate another judge to hear the parties and witnesses and make a determination on the claim on the evidence presented both before the first judge at the venue hearing and the second judge; or

(b) Refer the claim to the Pohnpei Supreme Court as provided in §6-106.

Source: S.L. No. 3L-99-95 §17-9, 7/20/95

 

4 PC 6-110.  Notice of hearing.

(1) Before a judge commences a venue hearing with respect to a claim, notice thereof containing a description of the claim and the date, time, and place of the hearing shall be given at least 30 days in advance of the hearing as follows:

(a) By posting such notice on the land in Pohnpeian and English; PROVIDED that the notice shall also be posted in the principal language of that respective local jurisdiction;

(b) By posting such notice in the language specified above at the local government office, at no less than three conspicuous places on the land to be under adjudication at the venue hearing, and in at least two other areas of public access as may be determined by the judge;

(c) By serving such notice upon all parties known to be of interest and as shown on the records of the preliminary inquiries;

(d) By serving such notice upon others, if any, suspected to be possible parties or to have knowledge of the ownership of the land or the rights or interests of the claimants therein, even if the names do not appear on the record of the preliminary inquiries;

(e) By serving such notice on the Soumas en Kousapw or his equivalent in local custom, on all adjacent land owners of record whose property borders on the land in question, and on the Chairman of the Pohnpei Public Lands Trust Board of Trustees in any matter wherein a public interest is held or suspected to be held in the land, whether or not that interest is involved in the particular determination; and

(f) By broadcasting such notice on the publicly owned state radio station at a regular hour scheduled by the station manager for such notices at least once a day for not less than 30 days before the commencement of the venue hearing.

(2) Such notice shall be posted and served by a judge of the Court of Land Tenure or any employee of the court without charge, who shall certify in writing to the Principal Judge that notice has been posted and served. Service shall be as required for service in a civil summons under state law and the rules of the Pohnpei Supreme Court. During the period between the giving of notice under this chapter, and the hearing, any person or group of persons claiming an interest in the land adverse to the claim as stated in the notice may file a claim respecting that interest with the Court of Land Tenure.

Source: S.L. No. 3L-99-95 §17-10, 7/20/95

 

4 PC 6-111.  Conduct of hearing. In conducting hearings, the court shall be guided by the rules of the Pohnpei Supreme Court. Each judge of the Court of Land Tenure is authorized to consider any evidence that will be helpful in reaching a just decision. The court, however, shall not endeavor to redetermine any matter already decided upon between the same parties or those through whom the present parties claim by a court judgment or by a clear Land Title officer’s determination of ownership. The court shall accept such prior determinations as binding on such parties without further evidence than in the judgment or determination of ownership. However, by motion and with good cause, the court is authorized to vacate and set aside its own prior determination or to correct palpable mistakes under the court’s prior action; PROVIDED that such action is consistent with state law and the rules of the court. All hearings of the court shall be public and every person claiming an interest in any land under consideration shall be given all reasonable opportunity, by actual or constructive notice, to be heard. Hearings must be held within the area of a designated land registration site where the land involved is situated and, when practicable, shall be held in or near the particular parcel of land in question. All parties, including any representative appointed under this chapter, or by a court, or other proper authority, or a minor, incompetent or other person may be represented and assisted by counsel.

Source: S.L. No. 3L-99-95 §17-11, 7/20/95

 

4 PC 6-112.  Hearing involving a minor or incompetent; representative to be appointed. If a judge of the Court of Land Tenure finds that a party in interest is a minor or incompetent, the court shall appoint a person who is of age and sound mind to act as guardian and to represent such minor or incompetent unless he or she is already represented by a person appointed by a court or other proper authority. A guardian appointed by the court shall have full authority and power to act for the minor or incompetent in all matters in connection with his or her interest in the land; PROVIDED that a guardian may not encumber or in any way alienate any land under his or her guardianship except by an order of a court of competent jurisdiction.

Source: S.L. No. 3L-99-95 §17-12, 7/20/95

 

4 PC 6-113.  Notice of determination of ownership. Upon finalization of a decision rendered by the Court of Land Tenure, the court shall issue a ruling with respect thereto in writing and shall promptly give notice thereof in the same manner provided for the giving of notice for the conduct of hearings as prescribed by 4 PC 6-110.

Source: S.L. No. 3L-99-95 §17-13, 7/20/95

 

4 PC 6-114.  Appeal from a determination of the Court of Land Tenure. Notwithstanding 57 PC 6-102(1), determination of ownership by the Court of Land Tenure shall be subject to appeal by any party aggrieved thereby to the Appellate Division of the Pohnpei Supreme Court within 90 days from the date of notice of determination. Such appeal shall be treated and effected in the same manner as an appeal from the Trial Division of the Supreme Court in a civil action, shall be subject to the same fees, and the powers of the Supreme Court with respect thereto shall be the same. Decisions of the Appellate Division of the Supreme Court shall be final.

Source: S.L. No. 3L-99-95 §17-14, 7/20/95

 

4 PC 6-115.  Issuance of certificate of title.

(1) After the time for appeal from a determination of ownership by the Court of Land Tenure has expired without any notice of appeal having been filed, or after an appeal duly taken has been determined, the Court of Land Tenure shall issue a certificate of title setting forth the names of all persons or groups of persons holding interest in the land pursuant to the determination, either as originally made or as modified by the Pohnpei Supreme Court, as the case may be. Such certificate of title shall be conclusive and binding upon all persons who have had notice of the proceedings and all those claiming under them and shall be prima facie evidence of the ownership as therein stated against the world, except that such ownership shall be subject to the following which need not be stated in the certificate:

(a) Any rights-of-way there may be over the land in question;

(b) Any lease or use rights for a term not exceeding one year; and

(c) Any customary use rights of relations in existence prior to the issuance of the certificate.

(2) Any easement or other rights appurtenant to the land in question which are over unregistered land shall remain so appurtenant even if not mentioned in the certificate and shall pass with the land until cut off or extinguished in some lawful manner independent of the determination covered by the certificate.

Source: S.L. No. 3L-99-95 §17-15, 7/20/95

 

4 PC 6-116.  Register of Titles and Interests in Land; custody of Register; copies of certificates.   The original certificate of title shall be kept in a permanent register for the state that shall be known and cited as the “Register of Titles and Interests in Land.” This Register shall remain in the custody of the Court of Land Tenure and under the supervision of the Principal Judge thereof. Duplicate certificates of title shall be issued by the Court of Land Tenure. One duplicate copy, marked “Owner’s duplicate certificate,” shall be delivered by the court to the owner or authorized representative thereof, and a second duplicate copy shall be filed by the court with the Clerk of the Pohnpei Supreme Court.

Source: S.L. No. 3L-99-95 §17-16, 7/20/95

 

4 PC 6-117.  Transfers and encumbrances of interests in registered lands. All transfers and encumbrances other than those exempted under Chapter 1 through Chapter 9 of this title, of any interest in land covered by the certificate of title shall be noted thereon under the direction of the Principal Judge of the Court of Land Tenure and shall be included in the Register of Titles and Interests in Land and in the required filing with the Clerk of the Pohnpei Supreme Court as prescribed in 4 PC 6-116. It shall be the duty of the owner in requesting any transfer or upon notice that an involuntary transfer has been effected to submit his or her owner’s duplicate certificate for proper endorsement or cancellation. If the owner’s duplicate certificate is lost or destroyed, the owner may by petition under oath request the Court of Land Tenure to issue a new duplicate certificate, and the court, after such notice as it may order and hearing if necessary, may direct the issuance of a new duplicate which shall contain a memorandum of the fact that it is issued in place of the lost certificate. Before accepting and noting on the certificate of title any transfer of any interest therein, the Principal Judge of the Court of Land Tenure shall be responsible for seeing that the document of transfer is properly executed and properly describes the land and interests affected. If the certificate holder’s entire interest is transferred, the holder’s certificate shall be canceled and a new certificate of title issued to the transferee. If only a part of the land is transferred, the certificate holder may be required at his or her own expense to have the area to be transferred surveyed and a map thereof submitted showing to the Court of Land Tenure the area so transferred. Thereafter, a new certificate of title shall be issued for each part of the land covered by the former certificate with duplicates delivered and filed with the parties described in 4 PC 6-116.

Source: S.L. No. 3L-99-95 §17-17, 7/20/95

 

4 PC 6-118.  Hearing and determinations required by Title 42 Chapter 3. The Court of Land Tenure herein created shall accede to all responsibilities and duties of the Land Commission and Land Registration Teams pursuant to Chapter 1 through Chapter 9 of this title and to Japanese and Trust Territory Government Leasehold Conveyance, Title 42 Chapter 3, as amended, and shall hear and adjudicate any and all claims of interests, rights or title to public land as provided in said statute. The court’s determination in such cases may be appealed to the Pohnpei Supreme Court in the manner prescribed by 4 PC 6-114.

Source: S.L. No. 3L-99-95 §17-18, 7/20/95

 

4 PC 6-119.  Hearing and determination of heirship. The Court of Land Tenure, after due public notice, may hear and determine any claim of heirship to a deceased person’s title or interest in lands pending before the court. Notices, the conduct of hearings, and appeals therefrom shall be as prescribed generally by Chapter 1 through Chapter 9 of this title for determinations by the court.

Source: S.L. No. 3L-99-95 §17-19, 7/20/95

 

4 PC 6-120.  Hearing and determination of interests in public land prior to lease. The Court of Land Tenure, after due public notice, shall hear and adjudicate any and all claims of interests, rights or title to public land prior to the issuance of any lease or use agreement pursuant to 42 PC 2-101; PROVIDED that the hearing shall also establish that the proposed lease or use agreement meets all legal requirements for lease or use of public lands. Notices, the conduct of hearings, and appeals therefrom shall be as prescribed generally by Chapter 1 through Chapter 9 of this title for determinations by the court.

Source: S.L. No. 6L-102-07 §1, 7/31/07

 

 

 

 

 

CHAPTER 7

JUDICIAL ETHICS AND RULES OF CONDUCT

 

 

Section

7-101  Judicial ethics

7-102  Practice of law prohibited

7-103  Disqualification

7-104  Resignation from bench when candidate for elective office

 

 

4 PC 7-101.  Judicial ethics. The justices and judges of the courts of this state, whether temporary or permanent, and all law clerks providing services thereto, whether formally or informally, shall adhere to the standards of the Code of Judicial Conduct of the American Bar Association, except as otherwise provided by law. The Chief Justice may, by rule, prescribe stricter or additional standards.

Source: S.L. No. 3L-99-95 §2-1, 7/20/95

 

4 PC 7-102.  Practice of law prohibited. No person who practices law in the Federated States of Micronesia or any political subdivision thereof may at the same time be a justice, judge, officer or employee of the Pohnpei Judiciary.

Source: S.L. No. 3L-99-95 §2-2, 7/20/95

 

4 PC 7-103.  Disqualification.

(1) A justice, judge or law clerk shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.

(2) A justice, judge or law clerk shall also disqualify himself in the following circumstances:

(a) Where he has a personal bias or prejudice concerning a party or his counsel, or personal knowledge of disputed evidentiary facts concerning the proceedings;

(b) Where in private practice he served as a lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter, or the justice, judge, law clerk or such lawyer has been a material witness concerning it. The term “private practice” shall include non-government services as a licensed attorney or an attorney granted temporary rights to practice law, or non-government services as a trial assistant, trial counselor or other type of paralegal practitioner.  Private practice shall also include service for public interest, legal service, and public defender not-for-profit organizations;

(c) Where he has served in a governmental capacity as an attorney or paralegal officer or employee and in such capacity has participated as counsel, advisor or material witness concerning the merits of the particular case in controversy; and

(d) Where he or his spouse, or person within a close relationship to either of them, or a spouse of such person was or is:

(i) A party to the proceeding or an officer, director or trustee of a party;

(ii) Acting as a lawyer in the proceeding;

(iii) Known by the justice, judge or law clerk to have an interest that could be substantially affected by the outcome of the proceeding; and

(iv) To the knowledge of the justice, judge or law clerk, likely to be a material witness in the proceeding.

(3) Upon taking office and by January 31 every year thereafter, each justice, judge, law clerk, and assessor shall list as a record the personal and fiduciary financial interests of himself and his spouse and minor children residing in his household. Said list shall be filed with the Clerk of the Pohnpei Supreme Court who shall promptly provide duplicate copies thereof to the Chief Justice, the Public Auditor, and any state commission on ethics charged with overseeing the ethical conduct of officers of the judiciary branch. The Clerk of the Supreme Court shall annually, within 15 days following the due date for the filing of lists hereunder, compose a consolidated file of the lists required to be filed under this section which shall be available for public inspection. The Clerk shall promptly notify the Chief Justice of any judicial officer who does not make a timely filing under the requirements of this section.

(4) For purposes of this section, unless the context clearly requires otherwise, the following words shall have the following meanings:

(a) “Proceeding” means all formal and informal stages of litigation, including but not limited to, pretrial, trial, and appellate review;

(b) “Fiduciary” means all forms of fiduciary relationships, including but not limited to, such relationships as executor, administrator, trustee, and guardian; and

(c) “Financial interest” means ownership of a legal or equitable interest, however small, in property, including real property, or a relationship as director, advisor or other active participant in the affairs of a party, except that:

(i) Ownership in a mutual or common investment fund that holds securities is not a “financial interest” in such securities unless the justice, judge or law clerk participates in the management of the fund or if the proceedings could substantially affect the value of the fund;

(ii) An office or membership in an educational, religious, charitable or civic organization is a “financial interest” in securities held by the organization only if the outcome of the proceeding could substantially affect the value of the securities;

(iii) The proprietary interest of a policyholder in a mutual insurance company, of a member of a cooperative association, of a depositor in a mutual savings association or credit union, or a similar proprietary interest, is a “financial interest” in the organization only if the outcome of the proceeding could substantially affect the value of the interest; and

(iv) Ownership of government securities is a “financial interest” in the holder only if the outcome of the proceeding could substantially affect the value of the securities.

(5) No justice or judge shall accept from the parties to the proceeding a waiver of any ground for disqualification of the justice, judge or a law clerk thereof as enumerated in Subsection (2) of this section. Where the ground for disqualification arises only under Subsection (1) of this section, waiver may be accepted; PROVIDED that it is preceded by full disclosure on the record of the basis for the disqualification.

(6) A party may move to disqualify a justice, judge or law clerk for one or more of the reasons stated in Subsection (1) or (2) of this section. Said motion shall be accompanied by an affidavit stating the reasons for the belief that the grounds for disqualification exist, and shall be filed before the trial or hearing unless good cause is shown for filing at a later time. Upon receipt of such motion, the justice or judge shall rule on it before proceeding further in the matter, stating his reasons for granting or denying it on the record.

Source: S.L. No. 3L-99-95 §2-3, 7/20/95

 

4 PC 7-104.  Resignation from bench when candidate for elective office. Every justice and judge of the courts of this state, whether temporary or permanent, shall immediately resign his office upon filing of his nominating petition with the Election Commissioner to be a candidate for an elective position at the national, state or local government level; PROVIDED that a justice need not resign from his judicial office in order to be a candidate for election to or serve as a delegate in a constitutional convention.

Source: S.L. No. 3L-99-95 §2-4, 7/20/95

Note: §2-4 was inserted by S.L. No. 4L-106-99 §1, 5/25/99.

 

 

 

 

CHAPTER 8

[RESERVED]

 

 

 

 

CHAPTER 9

TRANSITION

 

 

Section

9-101  Administration

9-102  Pending actions

9-103  Court rules

9-104  Court of Land Tenure

 

 

4 PC 9-101.  Administration. The Chief Justice of the Pohnpei Supreme Court and the presiding judges of the other courts of this state shall take such actions as may be necessary to provide for the orderly transition of the state judiciary under Chapter 1 through Chapter 9 of this title. Except as otherwise provided by Chapter 1 through Chapter 9 of this title, justices, judges, and personnel of the state judiciary and appropriations to the state judiciary shall be continued for the state judiciary as organized under Chapter 1 through Chapter 9 of this title.

Source: S.L. No. 3L-99-95 §20-1, 7/20/95

 

4 PC 9-102.  Pending actions. Actions pending before the courts of this state, and appeals therefrom, shall be continued under the courts as organized by Chapter 1 through Chapter 9 of this title. The Chief Justice of the Pohnpei Supreme Court and the presiding judges of the other courts of this state shall provide for the orderly transition of such actions under Chapter 1 through Chapter 9 of this title.

Source: S.L. No. 3L-99-95 §20-2, 7/20/95

 

4 PC 9-103.  Court rules. Rules of the Pohnpei Supreme Court and the other courts of this state issued prior to the effective date of Chapter 1 through Chapter 9 of this title [July 20, 1995] and not inconsistent with Chapter 1 through Chapter 9 of this title shall continue in full force and effect until superseded by rules issued pursuant to Chapter 1 through Chapter 9 of this title.

Source: S.L. No. 3L-99-95 §20-3, 7/20/95

 

4 PC 9-104.  Court of Land Tenure.

(1) Members of the Land Commission created under the authority of 67 TTC (1980) and who are otherwise qualified under the terms of Chapter 1 through Chapter 9 of this title shall serve as judges of the Court of Land Tenure for a period of one year after the effective date of Chapter 1 through Chapter 9 of this title [effective date is July 20, 1995], and thereafter until their successors are confirmed. The Senior Land Commissioner, if otherwise qualified under Chapter 1 through Chapter 9 of this title, shall serve as the first Principal Judge of the Court of Land Tenure for the remainder of his or her transition term as prescribed in this subsection.

(2) Members of the Land Registration Teams of the Land Commission shall serve as assessors to the Court of Land Tenure and shall perform such other functions for the court as shall be decided by the Principal Judge thereof for a period of at least one year unless removed for cause; PROVIDED that such assessors shall continue to receive salaries for the first year under Chapter 1 through Chapter 9 of this title at levels no less than they received immediately preceding the effective date of Chapter 1 through Chapter 9 of this title [July 20, 1995].

(3) The Court of Land Tenure shall succeed to all responsibilities, registers, properties, and assets of the Land Commission.

(4) Land determinations and registrations heretofore issued by the Land Commission shall be equivalent to the title determinations and registrations of the Court of Land Tenure created by Chapter 1 through Chapter 9 of this title.

Source: S.L. No. 3L-99-95 §20-4, 7/20/95

Note: S.L. No. 3L-99-95 §20-5 relating to traffic and misdemeanor offenses and §21-1 severability provision have been omitted.

Extended legislative history: S.L. No. 2L-160-82, 12/17/82, established the state judiciary; S.L. No. 2L-238-83 §1, 1/20/84, amended S.L. No. 2L-160-82 §2(2), 12/17/82; S.L. No. 2L-238-83 §2, 1/20/84, repealed Title IV of S.L. No. 2L-160-82, 12/17/82, and added new Titles IV and V; S.L. No. 3L-6-84 §1, 2/13/84, amended S.L. No. 2L-160-82 §20, 12/17/82; S.L. No. 3L-6-84 §2, 2/13/84, repealed S.L. No. 2L-160-82 §50, 12/17/82, and added a new §50; S.L. No. 3L-30-84 §7, 10/1/84, superseded S.L. No. 2L-160-82 §61, 12/17/82; S.L. No. 1L-4-85 §1, 12/31/84, amended S.L. No. 2L-160-82 §60, 12/17/82; S.L. No. 1L-4-85 §2, 12/31/84, amended S.L. No. 2L-160-82 §69, 12/17/82; S.L. No. 1L-19-85 §4, 4/1/85, amended S.L. No. 2L-160-82 §69, 12/17/82; S.L. No. 1L-19-85 §4, 4/1/85, amended S.L. No. 2L-160-82 §70, 12/7/82, as established by S.L. No. 2L-238-83 §2, 1/20/84; S.L. No 3L-99-95 §19-1, 7/20/95, repealed S.L. No. 2L-160-82, 12/17/82, as amended in its entirety; S.L. No. 3L-99-95 §19-2, 7/20/95, superseded Titles 5, 6, 8, and 9 of the Trust Territory Code, and 67 TTC §§101 – 120 (1980).

 

 

 

 

CHAPTER 10

judiciary finances

 

 

Section

10-101  Chief Justice’s contingency fund: authorization; administration

10-102.  Pohnpei Judiciary Escrow Fund

10-103.  Deposits into the Fund

10-104.  Administration of the Fund

 

 

4 PC 10-101.  Chief Justice’s contingency fund: authorization; administration.

(1) There is hereby authorized for appropriation from the general fund of Pohnpei a sum or sums as may be appropriated annually in the Comprehensive Budget Act for the purpose of financing a contingency fund for the Chief Justice of the Pohnpei Supreme Court, to cover or finance expenses for the judiciary branch of an emergency or unforeseen nature arising within the approved budget line items in the respective title of the annual Comprehensive Budget Act for which the appropriation is made.

(2) All sums herein authorized for appropriation shall be expended and administered under the written direction of the Chief Justice of the Supreme Court for the purposes stated in this section. The Chief Justice shall submit an annual written report to the Legislature concerning all expenditures from this fund. The report shall be submitted on or before October 15 each year. Any balance of the sums appropriated under the authorization of this section not expended or obligated for expenditure on September 30 each year shall revert to the general fund of Pohnpei.

Source: S.L. No. 2L-24-88 §§1 & 2, 6/21/88; S.L. No. 2L-166-90 §1, 10/11/90

 

4 PC 10-102.  Pohnpei Judiciary Escrow Fund. There is hereby established within the Pohnpei Treasury a special escrow fund, (holding fund), to be known as the Pohnpei Judiciary Escrow Fund, the financial assets of which shall be accounted for separately and apart from all other funds of the Pohnpei Treasury.  The Director of the Department of Treasury and Administration shall ensure that at no time are the monies or other financial assets attributable to the Pohnpei Judiciary Escrow Fund commingled in any way with any other monies or financial assets of the Pohnpei Government that are under the supervision of the Department of Treasury and Administration.

Source: S.L. No. 9L-71-18 §1, 6/12/18

 

4 PC 10-103.  Deposits into the Fund. The Pohnpei Judiciary Escrow Fund shall serve as the depository for use by the judicial branch of the Pohnpei Government for the deposit, safe keeping and payment of all party payments, bonds, cash bails and restitutions received by or attributable to the courts of said judicial branch.

Source: S.L. No. 9L-71-18 §2, 6/12/18

 

4 PC 10-104.  Administration of the Fund. The sum or sums deposited in the Pohnpei Judiciary Escrow Fund shall be administered and expended by the Chief Justice of the Pohnpei Supreme Court solely for the purposes specified in Sections 10-102 through 10-104 of this chapter of the Code; PROVIDED that:

(1) Monies and other financial assets may be withdrawn from the Pohnpei Judiciary Escrow Fund pursuant to procedures established by the Chief Justice of the Pohnpei Supreme Court that are consistent with 4 PC 1-106 and 4 PC 1-109 without the necessity of appropriation by law.

(2) The Director of the Department of Treasury and Administration and his designees shall cooperate with the Chief Justice of the Pohnpei Supreme Court and his designees in the prompt deposits to and the prompt withdrawals from the Pohnpei Judiciary Escrow Fund in manners that are consistent with the proper and efficient administration of justice.

(3) The Chief Justice of the Pohnpei Supreme Court shall make four quarterly reports each fiscal year to the Director of the Department of Treasury and Administration and the Pohnpei Public Auditor on or before 15th day of the month following the end of a fiscal quarter as to the financial status of the Pohnpei Judiciary Escrow Fund; PROVIDED that the final report for a fiscal year shall include a full analysis of the financial status of the Pohnpei Judiciary Escrow Fund for that fiscal year, and copies thereof shall be forthwith transmitted to the Governor and the Pohnpei Legislature.  The final report for a fiscal year shall also bear the signature of the Director of the Department of Treasury and Administration certifying the accuracy of the financial aspects of the report indicating monies and other financial assets deposited to, withdrawn from and/or returned to the Pohnpei Judiciary Escrow Fund.

(4) Any balance of the monies and other financial assets deposited in the Pohnpei Judiciary Escrow Fund shall remain available within said fund until fully expended; PROVIDED that the Chief Justice of the Pohnpei Supreme Court and the Director of the Department of Treasury and Administration shall enter into a written agreement which shall be incorporated into the procedures established pursuant to Subsection (1) of this section with respect to the administration of the Pohnpei Judiciary Escrow Fund for such deposits of monies or other financial assets that are found by the Chief Justice of the Pohnpei Supreme Court to be abandoned, rendered un-payable to third parties or otherwise remaining dormant for more than three years to be transferred from the Pohnpei Judiciary Escrow Fund to the general fund of the Pohnpei Treasury as the realization of general revenues.

Source: S.L. No. 9L-71-18 §3, 6/12/18

 

 

 

TITLE 5

PUBLIC AUDITOR

 

 

CHAPTER

1  OFFICE OF THE AUDITOR

2  AUditor’s finances

 

 

 

 

CHAPTER 1

OFFICE OF THE AUDITOR

 

 

Section

1-101  Definitions

1-102  Auditor: appointment; tenure; removal

1-103  Auditor: salary

1-104  Auditor: duties

1-105  Auditor: powers

1-106  Examination under oath

1-107  Discovery of irregularities

1-108  Appropriate prosecution

1-109  Employees and independent contractors

1-110  Required reports

1-111  Penalty for violation and false evidence

 

 

5 PC 1-101.  Definitions. As used in this chapter:

(1) “Departments, offices, and agencies” means and includes all legislative and executive departments, boards, commissions, bureaus, offices, agencies, and all independent commissions and other establishments of the state government, all quasi-public institutions, and all courts, which are supported in whole or in part by, or which handle, state or public funds.

(2) “Political subdivision” means and includes all local jurisdictions of the state insofar as they are supported by or handle state or public funds.

(3) “State or public funds” means and includes all monies from whatever source used for the support of the activities, projects or programs of the state government or any political subdivision thereof, or the monies of any nonprofit organization within the state whose funding comes primarily from Pohnpei State or United States of America appropriations or grants.

Source: S.L. No. 1L-10-79 §1, 11/1/79

 

5 PC 1-102.  Auditor: appointment; tenure; removal. The Pohnpei Public Auditor, hereinafter referred to as “Auditor,” shall be appointed, hold office for such term, and be subject to removal, in the manner prescribed in Article 11 §8 of the Pohnpei Constitution.

Source: S.L. No. 1L-10-79 §2, 11/1/79

Note: This section has been changed to reflect the Pohnpei Constitution.

 

5 PC 1-103.  Auditor: salary. The salary of the Auditor shall be fixed by the Governor within the range established by the Government Officers’ Salary Act, Title 9 Chapter 4 Subchapter I, as amended or superseded.

Source: S.L. No. 1L-10-79 §3, 11/1/79; S.L. No. 1L-71-86 §4-12, 4/1/86; S.L. No. 4L-25-96 §8, 7/1/97

 

5 PC 1-104.  Auditor: duties. The Auditor shall conduct post-audits of all transactions and of all books and accounts kept by or for all departments, offices, and agencies of the state and its political subdivisions and all projects, programs, activities or organizations within the state receiving public funds. The post-audits and all examinations to discover evidence of any unauthorized, illegal, irregular, improper or unsafe handling or expenditure of state funds or other improper practice of financial administration shall be conducted at least once in every two years after the close of a fiscal year, and at such other time or times during the fiscal year as the Auditor shall deem necessary or as may be required by the Legislature or Governor in accordance with generally accepted auditing standards for the purpose of rendering an opinion as to the fairness of the financial statements presented by the respective accounting officers and of determining the validity of expenditures of state or public funds.

Source: S.L. No. 1L-10-79 §4, 11/1/79; S.L. No. 5L-08-00 §1, 7/19/00

 

5 PC 1-105.  Auditor: powers. The Auditor may examine and inspect all books, records, files, papers, and documents, and all financial affairs of every department, office, agency, political subdivision, non-profit organization specified in 5 PC1-101(3), and may by precept under his hand require all such persons as he may think fit to appear personally before him at any time and place to be named in the precept, and to produce to him all such accounts, books, records, files, papers, and documents in the possession or control of such persons as shall appear to be necessary for the purpose of examination.  The Auditor may cause search to be made and extracts to be taken from any book, paper or record in the custody of any public officer without paying any fee for the same; and every officer having the custody of the books, records, files, papers, and documents shall make such search and furnish such extracts as thereto requested.

Source: S.L. No. 1L-10-79 §5, 11/1/79; S.L. No. 5L-08-00 §2, 7/19/00

 

5 PC 1-106.  Examination under oath. The Auditor may administer oaths to persons summoned to appear before him and may question such persons, under oath, concerning receipts and expenditures of money and concerning all other things and matters necessary for the due execution of the duties vested in him by this chapter.

Source: S.L. No. 1L-10-79 §6, 11/1/79

 

5 PC 1-107.  Discovery of irregularities.

(1) In case the Auditor at any time discovers evidence of any unauthorized, illegal, irregular, improper or unsafe handling or expenditure of Pohnpei funds, or other improper practice of financial administration is contemplated but not consummated, in either case, he shall forthwith transmit the facts to the office being audited, the Speaker of the Legislature, the Governor, the Attorney General, the chief executive of the local government, and the presiding officer of the local council of the political subdivision concerned.

(2) Upon receipt of the examination report, the office being audited shall respond to said report in writing, to the Auditor and each of the officials listed in Subsection (1) of this section, by indicating the action or actions immediately taken to correct such deficiencies cited as well as stated action or actions to be taken on deficiencies not immediately resolved. Thereafter, the office shall file a monthly report with the Auditor indicating its progress in clearing deficiencies until such time as it can report that all deficiencies have been cleared, which period shall not exceed six months.

(3) The Auditor shall in his annual report to the Legislature make specific recommendations for the avoidance of audit irregularities in the future.

Source: S.L. No. 1L-10-79 §7, 11/1/79; S.L. No. 1L-34-85 §1, 10/2/85; S.L. No. 5L-08-00 §3, 7/19/00

 

5 PC 1-108.  Appropriate prosecution. After receiving the final report of the Auditor, of any audit, including the responses of the entity audited, the Attorney General may initiate an investigation and, if appropriate, prosecute any violation of law.

Source: S.L. No. 1L-10-79 §7D, 11/1/79

Note: §7D was inserted by S.L. No. 5L-08-00 §4, 7/19/00.

 

5 PC 1-109.  Employees and independent contractors. In the performance of his duties, the Auditor may employ the services of one or more certified public accountants or accounting firms, and such other assistants and clerical workers as may be necessary; PROVIDED the cost thereof shall not exceed such sums as may be available out of the appropriation provided by law for the conduct of his office; and PROVIDED FURTHER, that such accountants, firms, and assistants are entirely independent of the departments, offices, and agencies of the state and its political subdivisions whose affairs are subject to audit by the Auditor. In the establishment of the salary of each employee, the Auditor shall consult with the Division of Personnel, Labor and Manpower Development and shall follow as closely as possible the recommendations of the division. The Auditor and his full-time staff shall be entitled to participate in state government employee benefit program privileges.

Source: S.L. No. 1L-10-79 §8, 11/1/79

 

5 PC 1-110.  Required reports. The Auditor shall submit a report to the Legislature in January each year of the audits and examinations conducted by him for the immediately preceding fiscal year, and at such other times as may be requested by the Legislature or Governor, together with findings and recommendations relative to the expenditures made and financial transactions had by the departments, offices, and agencies of the state and its political subdivisions and audited nonprofit organizations. Certified copies of all such audits and examinations made by the Auditor shall be sent to the Legislature, the Governor, and the Director of the Pohnpei Department of Treasury and Administration. All reports thereon shall be available for public inspection. A certified copy of that portion of any report which consists of audits and examinations of departments, offices or agencies of a political subdivision shall be sent to the local council of the political subdivision concerned.

Source: S.L. No. 1L-10-79 §9, 11/1/79

 

5 PC 1-111.  Penalty for violation and false evidence. In addition to all other criminal and civil penalties, any person summoned as provided in 5 PC1-105 to give testimony or to produce any books, papers or other documents relating to any matter under inquiry, who willfully refuses to appear or produce such materials, or who, having appeared, refuses to answer any question pertaining to the matter under inquiry, shall be fined not less than $100 nor more than $1,000, or imprisoned not less than one month nor more than 12 months, or both such fine and imprisonment. If any person, in the course of his examination before the Auditor, willfully gives false evidence, the person so offending shall incur the same penalties as are or may be provided against persons convicted of perjury.

Source: S.L. No. 1L-10-79 §10, 11/1/79

 

 

 

 

CHAPTER 2

AUditor’s finances

 

 

Section

2-101  Support for Auditor’s office: authorization; administration

2-102  Annual audits on state funds and activities: authorization; administration

2-103  Auditor’s Representation Fund: authorization; administration

 

 

5 PC 2-101.  Support for Auditor’s office: authorization; administration.

(1) There is hereby authorized for appropriation from the general fund of Pohnpei a sum to be determined annually in the Comprehensive Budget Act for support of the Office of the Pohnpei Public Auditor.

(2) The sum herein authorized for appropriation shall be administered and expended by the Auditor solely for the purpose stated in Subsection (1) of this section. The Auditor shall report to the Legislature on or before October 15 each year on all matters concerning the expenditure of the sum authorized for appropriation by this chapter. Any balance of the sum appropriated under the authorization of this chapter not expended or obligated for expenditure on September 30 each year shall revert to the general fund of Pohnpei.

Source: S.L. No. 1L-10-79 §11, 11/1/79

 

5 PC 2-102.  Annual audits on state funds and activities: authorization; administration.

(1) There is hereby authorized for appropriation from the general fund of Pohnpei a sum or sums to be determined annually in the Comprehensive Budget Act for the purpose of financing annual audits on state funds and activities listed in the annual Comprehensive Budget Act specified therefor.

(2) The sums herein authorized for appropriation shall be administered and expended by the Pohnpei Public Auditor solely for the purposes stated in Subsection (1) of this section. In the event that there is no Auditor, the sum herein authorized for appropriation shall be administered and expended by the Director of the Department of Treasury and Administration solely for the purposes stated in this section. The Auditor or Director shall report on or before October 15 annually to the Legislature on all matters concerning the expenditure of the sums herein authorized for appropriation. All sums appropriated under the authorization of this section not expended or obligated for expenditure on September 30 annually shall revert to the general fund of Pohnpei.

Source: S.L. No. 2L-60-81 §§1 & 2, 6/23/81

 

5 PC 2-103.  Auditor’s Representation Fund: authorization; administration.

(1) There is hereby authorized for appropriation from the general fund of Pohnpei a sum or sums as may be appropriated and allocated in the Comprehensive Budget Act for each fiscal year for the purpose of providing funding for the Auditor’s Representation Fund; PROVIDED that the sum specified herein shall be expended solely to pay for hosting of guests.

(2) The sum herein authorized for appropriation shall be administered and expended by the Auditor solely for the purpose stated in Subsection (1) of this section. The Auditor shall report to the Legislature on or before October 15, of each fiscal year, on all matters concerning the expenditure of the sum authorized for appropriation by this section. The sums appropriated under the authorization of this section for a fiscal year remaining unexpended at the close of the fiscal year for which the monies were appropriated shall revert to the general fund of Pohnpei.

Source: S.L. No. 4L-84-98 §§1 & 2, 11/16/98

 

 

 

TITLE 6

LOCAL GOVERNMENT

 

 

CHAPTER

1  [reserved – GENERAL PROVISIONS]

2  PLANNING

3  FINANCING

4  SERVICES

5  local government licensing

6 – 9  [RESERVED]

10  LOCAL GOVERNMENT Finances

 

 

 

 

CHAPTER 1

[RESERVED – GENERAL PROVISIONS]

 

Notes: 1. 4 TTC §§3, 51, 101 – 106 & §109 (1980) have been superseded by the Pohnpei Constitution. 2. PDC

§1-300 as amended by D.L. No. 4L-206-79 §11-3(2), 9/5/79 and as further amended by S.L. No. 2L-158-90 §6(1), 8/2/90 has been superseded by the Pohnpei Constitution and the General Election Law, Title 10.

 

 

 

 

CHAPTER 2

PLANNING

 

 

Section

2-101  Findings

2-102  Plan development: contents

2-103  Plan development: format

2-104  Plan presentation

2-105  Plan review: hearings

2-106  Plan review: revision

2-107  Plan enactment

2-108  Budget calls, requests, and submission

2-109  Technical assistance

2-110  Financial assistance for plan development

2-111  Local government development plans: adoption

2-112  Local government development plans: construction

2-113  Local government development plans: authority to transmit

2-114  Local government development plans: amendments

 

 

6 PC 2-101.  Findings. It is the sense of the Pohnpei Legislature that if Pohnpei is to gain true self-reliance in the foreseeable future, the valuable participation and efforts of all its inhabitants must be recognized and fostered. In the drive toward self-reliance, the participation of local governments, closest to the heart and pulse of the people in their homes and communities, is of crucial importance. It is therefore at this level where developmental planning can have the most dramatic and beneficial influence on the future progress of our people, and it is for this level of planning and development that this statute has been enacted.

Source: S.L. No. 1L-16-85 §1, 4/23/85

 

6 PC 2-102.  Plan development: contents. Each local government, pursuant to its own constitution, ordinances, and rules, shall develop a comprehensive plan for the development of its jurisdiction and for the overall operations of its governing bodies for the next ensuing fiscal year. Such plans shall not be inconsistent with the overall Pohnpei Development Plan and shall include, but need not be limited to, the following considerations:

(1) Development of the human and physical resources of the local jurisdiction and its inhabitants;

(2) Protection and enhancement of the health, safety, and social well-being of the inhabitants;

(3) Identification and preservation of the history and culture of the local jurisdiction and its inhabitants;

(4) Conservation of the natural resources and protection of the environment of the local jurisdiction; and

(5) Administration of government and its services to the inhabitants of the local jurisdiction.

Source: S.L. No. 1L-16-85 §2, 4/23/85

 

6 PC 2-103.  Plan development: format. Each plan so developed by the local government shall be organized pursuant to the format to be developed by the planning official designated by the Governor for this purpose.

Source: S.L. No. 1L-16-85 §3, 4/23/85

Note: Reference to "planning advisor" has been omitted as it is not a statutory office.

 

6 PC 2-104.  Plan presentation. Each local government, upon completion of its plan and approval thereof in the manner prescribed by the constitution, ordinances, and rules of that government, shall submit a copy thereof to the Governor under covering letter of the chief executive of the local government and a copy of the ordinance adopting such plan. Following his receipt thereof, the Governor shall inform the Legislature, in writing, of his receipt of the plan, and shall within 30 days thereafter transmit the plan to the Legislature along with his comments as to its sufficiency in respect to the requirements of 6 PC 2-101 – 6 PC 2-110 of this chapter; PROVIDED, HOWEVER that if he shall determine that the plan is materially deficient in any respect to the legal requirements of 6 PC 2-101 – 6 PC 2-110 of this chapter, he may return the plan to the local government for further work, stating his reasons therefor.

Source: S.L. No. 1L-16-85 §4, 4/23/85

 

6 PC 2-105.  Plan review: hearings. Upon its receipt of a plan, the Legislature shall commence extensive public hearings in the jurisdiction of origin, and to the extent practical, the Governor shall provide technical assistance from his departments, offices, and agencies to the Legislature in its review of the plan. The Speaker of the Legislature and the Governor may, by agreement, further form a joint task force to assist in the review and conduct of hearings on the plan. Public officials of the local government shall be invited to all public hearings relative to their respective plan and shall be accorded an active place in the plan review process. For purposes of coordination and efficiency, the public hearings may be scheduled in a manner that hearings on the plans of each of the local governments in a geographical area will be held in a consecutive and logical sequence.

Source: S.L. No. 1L-16-85 §5, 4/23/85

 

6 PC 2-106.  Plan review: revision. Should the plan review and public hearings reveal the need to modify the plan, it shall be returned by the Legislature to the local government with written comments as to suggested revisions therein, and thereafter the plan shall be resubmitted in the manner heretofore prescribed; PROVIDED that should the subject matter of revision have already been a matter of discussion in the previous public hearings, no additional public hearings shall be required.

Source: S.L. No. 1L-16-85 §6, 4/23/85

 

6 PC 2-107.  Plan enactment. Following review and public hearings on each of the plans submitted by the local governments, and having approved of the technical aspects and contents thereof, the Legislature shall, by a single statute, adopt said plans as a part of the official overall development policy of Pohnpei; PROVIDED that if a local government plan has not been submitted, or if the hearing and approval process relative thereto has yet to be completed by January 30, for the plan for the next fiscal year the Legislature may enact a statute relative to such plans that have been so approved, and by later amendment to said statute provide for the adoption of subsequently approved plans.

Source: S.L. No. 1L-16-85 §7, 4/23/85

 

6 PC 2-108.  Budget calls, requests, and submission. Following the enactment of the approval statute as prescribed above, the Governor shall, in his annual budget call, provide the local governments having approved plans with a budget figure for requesting appropriations for projects and programs identified in their respective plans. The figures so provided to the local governments shall be apportioned among the local governments on a formula established by the Governor and approved by the Legislature which shall provide for a division of at least thirty percent (30%) of local tax revenues of Pohnpei by population on the basis of local citizenship as prescribed by Article 11 §3 of the Pohnpei Constitution. Upon receipt of the call, each local government shall prepare, in accordance with its own constitution, ordinances and rules, a budget request for appropriation for projects and operations identified in its plan for the next ensuing fiscal year, which shall be transmitted by the chief executive of the local government to the Governor for inclusion in his annual budget presentation to the Legislature. Upon finding that the projects and operations for which funding is requested fall within the respective approved plans and the funding requested falls within the levels so prescribed in the budget call, the Governor shall forward the same to the Legislature along with his comments thereon in his annual budget message to the Legislature. Requests for supplemental appropriations for projects and operations identified in the plans may be requested by the local governments at any time through submission thereof to the office of the Governor.

Source: S.L. No. 1L-16-85 §8, 4/23/85

 

6 PC 2-109.  Technical assistance. The Governor shall, to the extent practicable, provide technical assistance to the local governments in the development and implementation of their plans and the preparation and submission of requests for funding of projects and operations identified therein.

Source: S.L. No. 1L-16-85 §9, 4/23/85

 

6 PC 2-110.  Financial assistance for plan development. There is hereby authorized for appropriation from the general fund of Pohnpei an annual sum or sums to be determined and as may be allocated in the Comprehensive Budget Act for assistance to the local governments in the development of their local plans as provided in 6 PC 2-101 – 6 PC 2-110 of this chapter. All sums appropriated under the authorization of 6 PC 2-101 – 6 PC 2-110 of this chapter shall be administered and expended by the Governor solely for the purpose stated in this section. The Governor shall report to the Legislature on or before October 15 each year on all matters relative to the administration and expenditure of the sums appropriated under the authorization of 6 PC 2-101 – 6 PC 2-110 of this chapter for the previous fiscal year. Any balance of the sums so appropriated not expended or obligated for expenditure on September 30 each fiscal year for which they were appropriated shall revert to the general fund of Pohnpei.

Source: S.L. No. 1L-16-85 §10, 4/23/85

 

6 PC 2-111.  Local government development plans: adoption. Pursuant to Article 11 §3 of the Pohnpei Constitution and 6 PC 2-101 – 6 PC 2-110 of this chapter, the development plans of the local governments of Pohnpei for the years 1987 through 1991 are hereby adopted by the Pohnpei Legislature and declared to be part of the first Pohnpei Development Plan and herein integrated into the overall official development policy of the Government of Pohnpei.

Source: P.L. No. 1L-188-87 §1, 11/2/87

 

6 PC 2-112.  Local government development plans: construction. The local development plans adopted by 6 PC 2-111 shall be deemed as planning documents for the purpose of guiding Pohnpei and local government officials and private sector developers in the major development goals and strategies of each respective local jurisdiction and Pohnpei. Project identifications, costs, and implementation schedules are incorporated in each of the respective plans for illustrative purposes only. Specific project descriptions, funding levels, and initiation dates or fiscal year implementation schedules shall be as provided in the various authorization laws and the annual Comprehensive Budget Acts of the Pohnpei Government and/or annual budget acts of each respective local jurisdiction.

Source: P.L. No. 1L-188-87 §2, 11/2/87

 

6 PC 2-113.  Local government development plans: authority to transmit. The Governor is hereby authorized to transmit the local development plans adopted by 6 PC 2-111 to all necessary and relevant persons, associations, and organizations as the components of the first overall development plan for Pohnpei.

Source: P.L. No. 1L-188-87 §3, 11/2/87

 

6 PC 2-114.  Local government development plans: amendments. Amendments to these local development plans shall be effectuated in the manner provided by 6 PC 2-101 – 6 PC 2-110, or their successors.

Source: P.L. No. 1L-188-87 §4, 11/2/87

 

 

 

 

CHAPTER 3

FINANCING

 

Section

 

SUBCHAPTER  I  Revenue Sharing

3-101  Short title

3-102  Purpose

3-103  Revenue sharing

3-104  Authorization for appropriation; administration

 

Subchapter  II  Residency requirements

3-105  Residency required for liability

3-106  Local government improvement tax

3-107  Temporary residence

 

 

Subchapter  I  Revenue Sharing

 

 

6 PC 3-101.  Short title. This subchapter is known and may be cited as the “Local Government Revenue Sharing Act of 1989.”

Source: S.L. No. 2L-137-89 §1, 10/1/89

 

6 PC 3-102.  Purpose. The purpose of this subchapter is to provide financial assistance to the local governments of Pohnpei pursuant to the requirements of Article 11 §3 of the Pohnpei Constitution.

Source: S.L. No. 2L-137-89 §2, 10/1/89

 

6 PC 3-103.  Revenue sharing. Not less than thirty percent (30%) of all taxes received by the Pohnpei Government from sources within Pohnpei shall be appropriated among the 11 local governments for operations and development projects identified in the local plans. Allocations of such tax revenues among the 11 local governments shall be by population based on the local citizenship, as determined by the 1985 official census or any official census thereafter, from the following sources:

(1) All tax revenues received by the Pohnpei Government pursuant to the taxes listed in Chapter 2 of the Ponape District Code, inclusive of all amendments and revisions thereto;

(2) All tax revenues received by the Pohnpei Government pursuant to the tax provided by Title 12 Chapter 4, inclusive of the fees required for filing the certificate of registration incorporated therein and all amendments and revisions to said chapter;

(3) All tax revenues received by the Pohnpei Government pursuant to tax laws and provisions enacted by the Pohnpei Government following the effective date of this subchapter [October 1, 1989], inclusive of all amendments and revisions thereto;

(4) All tax revenues received by the Pohnpei Government pursuant to Article IX §5 of the Constitution of the Federated States of Micronesia; and

(5) All tax revenues received by the Pohnpei Government in the form of civil penalties imposed for the delinquent payment of the taxes listed in the foregoing subsections of this section.

Source: S.L. No. 2L-137-89 §3, 10/1/89

Note: The hotel tax provided in D.L. No. 4L-61-76 has been superseded by §§15-1 – 15-6 of S.L. No. 4L-35-97, codified as 12 PC Chapter 4.

 

6 PC 3-104.  Authorization for appropriation; administration.

(1) There is hereby authorized for appropriation a sum or sums to be determined annually in the Comprehensive Budget Act from the general fund of Pohnpei pursuant to 6 PC 3-103. Sums appropriated under the authorization of this section shall remain available until fully expended.

(2) The sum or sums appropriated to each local government shall be administered and expended by the chief executive of the respective local government solely for the purposes as generally stated in 6 PC 3-103 and as specifically allocated in the annual Comprehensive Budget Act; PROVIDED that when there is no specific allocation made by Pohnpei statute then as specifically allocated in an ordinance of the respective local government. Administration and expenditure of the sums appropriated pursuant to this section shall be in conformance with applicable Pohnpei statutes and regulations promulgated thereto. The chief executive of each respective local government shall report to the Legislature on or before October 15 each year on all matters concerning the expenditure of the sums authorized for appropriation by this section.

Source: S.L. No. 2L-137-89 §§ 4 & 5, 10/1/89

 

 

Subchapter  II  Residency requirements

 

 

6 PC 3-105.  Residency required for liability. It shall be lawful for each local government, if it desires, to levy a local government improvement tax which shall be paid by every taxable person who has resided in the local jurisdiction for a period of one year or more, irrespective of his legal residence.

Source: PDC §2-1(a), 3/71

 

6 PC 3-106.  Local government improvement tax. For the purpose of this law, local government improvement tax shall mean a tax, whether in cash or labor, levied and collected by a local government and which shall be used only for improvement projects undertaken by the local government.

Source: PDC §2-1(b), 3/71

 

6 PC 3-107.  Temporary residence. Any taxable individual who temporarily resides in a local jurisdiction and leaves the same local jurisdiction before he is qualified under this law to pay for local government improvement tax to his legal residence shall continue the payment of this tax to his legal residence. But a person who has continuously resided for one year or more in a local jurisdiction which does not have such a tax may stop the payment of this tax to his legal residence.

Source: PDC §2-1(c), 3/71

 

 

 

 

CHAPTER 4

SERVICES

 

 

Section

4-101  Potable water regulations

 

 

6 PC 4-101.  Potable water regulations.

(1) Designation. Each local government shall designate those areas in which are located sources of water which are to be used for human consumption and shall cause to be indicated by signs in both English and the local language that said areas are sources of potable water and therefore must not be contaminated. This notice shall also give warning that any person or persons contaminating these sources of water shall be punished as hereinafter provided.

(2) Contamination. It shall be unlawful to bathe, wash clothes, wash cooking utensils or dishes, urinate, dispose of garbage or human waste, permit fowls or animals to enter into any source of water to be used for human consumption. No cemetery, toilet, cow pasture, pig pen, fowl run, carabao enclosure or garbage dump shall be located within 40 meters (approximately 130 feet) of any sources of potable water.

(3) Penalties. Whosoever violates one or more provisions of this section shall, upon conviction thereof, be imprisoned for a period not to exceed 30 days, or fined not more than $25, or both such fine and imprisonment.

Source: PDC §7-1, 3/71

 

 

 

 

CHAPTER 5

local government licensing

 

 

Section

5-101  Licensing of taxis

 

 

§5-101.  Licensing of taxis. No local government of Pohnpei State shall require the payment of a service license fee for the operation of any land or water taxi or any rental boat or rental vehicle unless the taxi or rental boat or rental vehicle is usually garaged or stored overnight within the geographic boundaries of that local jurisdiction.

Source: PDC §1-301, 3/71

 

 

 

 

CHAPTERS 6 – 9

[RESERVED]

 

 

 

 

CHAPTER 10

LOCAL GOVERNMENT finances

 

 

Section

10-101  Establishment of a local government aid fund

10-102  Justification of request

10-103  Authorization for appropriation; administration

10-104  Local government project fund: authorization for appropriation; administration

 

 

6 PC 10-101.  Establishment of a local government aid fund. There is hereby established a local government aid fund for the purpose of providing aid to the local governments of Pohnpei for government operations, the acquisition, renovation, improvement or completion of local public facilities or projects, and for other public purposes as may be determined by the appropriate local government and approved by the Governor.

Source: PDC §10-400(a), 3/71; S.L. No. 1L-13-85 §1, 4/15/85

Note: S.L. No. 2L-27-80 §1 repealed PDC §10-400 in its entirety and established a new PDC §10-400.

 

6 PC 10-102.  Justification of request. It shall be the responsibility of each local government chief executive to present a request to the Governor in writing detailing the intended use of any requested funds. All requests for capital improvement funds shall be fully substantiated by plans clearly drawn and all cost estimates shall be fully justified.

Source: PDC §10-400(b), 3/71; S.L. No. 1L-13-85 §1, 4/15/85

Note: S.L. No. 2L-27-80 §1 repealed PDC §10-400 in its entirety and established a new PDC §10-400.

 

6 PC 10-103.  Authorization for appropriation; administration. There is hereby authorized for appropriation from the general fund of Pohnpei a sum or sums to be determined in the Comprehensive Budget Act solely for the purposes specified in 6 PC 10-101. The sums herein authorized for appropriation shall be administered and expended by the Governor solely for the purposes stated in 6 PC 10-101. The Governor shall report to the Legislature on or before October 15 each year on all matters concerning the expenditure or obligation for expenditure of the sums appropriated under the authorization of this section. Any balance of the sums annually appropriated under the authorization of this section not expended or obligated for expenditure on September 30 shall revert to the general fund of Pohnpei.

Source: PDC §10-400(c), 3/71; S.L. No. 1L-13-85 §1, 4/15/85

Note: S.L. No. 2L-27-80 §1 repealed PDC §10-400 in its entirety and established a new PDC §10-400.

Extended legislative history: PDC §10-400, 3/71; PDC §10-400 (a) was amended by D.L. No. 3L-13-72 §1, 5/24/72, DL. No. 3L-58-73 §29, 5/29/73, D.L. No. 4L-116-77 §1, 11/10/77, and S.L. No. 1L-7-79 §1, 10/15/79; PDC §10-400(c) was amended by D.L. No. 4L-89-77 §1, 5/6/77; S.L. No. 2L-27-80 §1, 9/30/80 repealed PDC §10-400 in its entirety and established a new PDC §10-400, and was amended by S.L. No. 1L-13-85 §1, 4/15/85.

 

6 PC 10-104.  Local government project fund: authorization for appropriation; administration.

(1) There is hereby authorized for appropriation from the general fund of Pohnpei an annual sum or sums to be determined and allocated in the Comprehensive Budget Act for the purpose of assisting the local government jurisdictions of Pohnpei State in the financing of projects and programs within those local government jurisdictions that are authorized by the respective local government council; PROVIDED, HOWEVER, that no portion of the sums authorized for appropriation by this section shall be expended for salaries, compensation, per diem, stipends or other expenses or allowances of local government officials or council members.

(2) The Governor shall designate a coordinating agency or agencies for the purpose of providing technical assistance to the local government councils in the execution of their projects. The Governor shall submit an annual report to the Legislature on or before October 15 on all activities undertaken by his office pursuant to this section.

(3) The chief executive officer of each local government, upon concurrence of the respective local government council, shall administer and expend the sum herein authorized for appropriation which is allocated to that local government jurisdiction solely for purposes specified in Subsection (1) of this section. Requests for funds from the general fund shall be directed to the Director of the Department of Treasury and Administration and shall be co-signed by at least a majority of the local government council. The chief executive officer of each local government shall report yearly on or before October 15 on all matters relating to the administration and expenditure of the authorized sums appropriated and allocated in the respective Comprehensive Budget Act for that local government jurisdiction. All sums authorized for appropriation by this section shall be appropriated on a fiscal year basis; PROVIDED, HOWEVER, that any sum remaining unobligated on September 30 each year shall revert to the general fund of Pohnpei.

Source: Subsection (1) – D.L. No. 3L-82-74 §1, 6/29/74; D.L. No. 4L-18-76 §1, 7/1/76; D.L. No. 4L-92-77 §1(a), 7/1/77. Subsection (2) – D.L. No. 4L-92-77 §1(b), 7/1/77; D.L. No. 4L-136-78 §27, 3/27/78. Subsection (3) – D.L. No. 3L-82-74 §2, 6/29/74, D.L. No. 4L-136-78 §35, 3/27/78

 

 

 

Title 7

[RESERVED]

 

 

 

TITLE 8

ADMINISTRATIVE LAW

 

 

CHAPTER

1  ADMINISTRATIVE PROCEDURES ACT

2  IMPEACHMENT OF STATE OFFICIALS

3  judicial review of administrative actions

 

 

 

 

CHAPTER 1

ADMINISTRATIVE PROCEDURES ACT

 

 

Section

1-101  Providing for administrative procedures

1-102.  Executive decrees

 

 

8 PC 1-101.  Providing for administrative procedures. Notwithstanding any other state law, 17 TTC (1980) shall have no application or effect on the administrative actions of the state government, its officers, agencies, and instrumentalities, or rules or regulations issued thereby; PROVIDED that in the issuance of rules or regulations the issuing state authority shall provide for prior notice and opportunity to be heard. Public notice shall include at least seven announcements relative to the proposed rule or regulation on the public radio station and posting at the Pohnpei Supreme Court building and at the local government buildings in those local jurisdictions which are affected thereby. The issuing authority shall provide for publication and reasonable distribution of all rules and regulations issued hereunder. All other restrictions and provisions of state law relative to the issuance of rules and regulations shall not be affected by this chapter.

Source: S.L. No. 2L-12-80 §1, 6/28/80

 

8 PC 1-102.  Executive decrees.

(1) The Governor may from time to time issue executive decrees for the following purposes:

(a) Proclamations.  An executive decree issued by the Governor may be a pronouncement of an event of special importance to the state of Pohnpei.  An executive decree of proclamation does not have the force and effect of law, but rather is designed to call public attention to such events as an official holiday or to bring dignity to the commemoration of the passing of a statesman of significance to the people of Pohnpei.

(b) General Policy Statements.  An executive decree may be a general policy statement made by the Governor.  An executive decree setting forth general policy statements does not have the force and effect of law.  The purpose of such a decree is to persuade or encourage persons, both within or without government, to accomplish the Governor’s policy set out in the order.

(c) Directives.  An executive decree issued by the Governor may be a directive from the Governor to state agencies, communicating to those agencies what the Governor wants the agency to accomplish.  An executive decree in the form of a directive carries the weight of an administrative instruction but does not have the force and effect of law

(d) Executive Orders.  An executive decree issued by the Governor as an executive order may require that certain actions of legal import to be taken which order carries the force and effect of law; PROVIDED, HOWEVER, that an executive decree can only be designated and serve as an executive order if the legal authority therefore is specifically delegated to the Office of the Governor in the statute upon which the operative is issued; PROVIDED FURTHER that an executive decree issued as an executive order shall make specific reference to the language in the statute so granting such legal authority to the Governor.

(e) Constitutional Emergency Orders.  An executive decree may be issued by the Governor under the authority of a declaration of an emergency duly issued by the Governor pursuant to Section 9 of Article 13 of the Pohnpei Constitution.  A constitutional emergency order shall carry the force and effect of law only to the extent that the provisions of such order are recognized as valid under Section 9 of Article 13 of the Constitution.

(2) Executive decrees listed in Subsection (1) of this section shall be in writing and signed by the Governor, and shall be transmitted to the Speaker of the Pohnpei Legislature within ten days of their issuance; PROVIDED that a decree issued under a constitutional declaration of emergency shall be transmitted to the Speaker of the Pohnpei Legislature and to the Chief Justice of the Pohnpei Supreme Court within seventy-two hours of its declaration.  Each such decree shall be consecutively numbered during the course of the present term of the Governor so issuing the decree.  Each such decree shall clearly identify on the face of the order its designation as one of the five classes identified in Subsection (1) of this section; PROVIDED that in addition to such requirements, an emergency order issued under a constitutional declaration of emergency shall be prominently labeled as a “Constitutional Emergency Order”.

(3) The Governor’s Office shall maintain a permanent archive of the original copies of all executive decrees issued by the Governor of Pohnpei and shall make copies of such decrees available for official uses, the publication of government documents and inspection by the general public.

Source: S.L. No. 8L-20-13 §1, 3/14/13; S.L. No. 8L-43-14 §1, 4/19/14

 

 

 

 

CHAPTER 2

IMPEACHMENT OF STATE OFFICIALS

 

 

Section

2-101  Short title

2-102  Purpose

2-103  Articles of impeachment

2-104  Filing and service of adopted resolution of impeachment

2-105  Service by publication

2-106  Answer

2-107  Failure to answer

2-108  Hearing on sufficiency for impeachment

2-109  Trial

2-110  Standard of proof

2-111  Concurrence necessary to uphold impeachment

2-112  Pronouncement of judgment

2-113  Adoption of judgment

2-114  Nature of the judgment

2-115  Officer when impeached disqualified to act until acquitted

2-116  Resignation or removal

2-117  Impeachment of Speaker of the Legislature

2-118  Impeachment not a bar to indictment

2-119  Costs and expenses

 

 

8 PC 2-101.  Short title. This chapter is known and may be cited as the “Pohnpei Impeachment Procedures Act of 1992.”

Source: S.L. No. 3L-40-93 §1, 8/2/93

 

8 PC 2-102.  Purpose. The purpose of this chapter is to establish the procedures by which the impeachment of state officials by the Legislature may be resolved.

Source: S.L. No. 3L-40-93 §2, 8/2/93; S.L. No. 5L-58-01 §1, 12/21/01

 

8 PC 2-103.  Articles of impeachment. Articles of impeachment shall be incorporated into a resolution. Adoption of the resolution shall require an affirmative vote of three-fourths of the members of the Legislature, without regard to vacancies.

Source: S.L. No. 3L-40-93 §3, 8/2/93; S.L. No. 5L-58-01 §2, 12/21/01

 

8 PC 2-104.  Filing and service of adopted resolution of impeachment. The Speaker of the Legislature shall file a certified copy of the adopted resolution of impeachment with the Pohnpei Supreme Court, and shall cause a filed copy of the adopted resolution of impeachment to be personally served on the impeached official, with a summons to answer the same within 30 days of service.

Source: S.L. No. 3L-40-93 §4, 8/2/93; S.L. No. 4L-75-98 §1, 4/13/98; S.L. No. 5L-58-01 §3, 12/21/01

 

8 PC 2-105.  Service by publication. If upon diligent inquiry the impeached official cannot be found within the state, upon proof of that fact, the tribunal convened pursuant to Article 13, §6(4) of the Pohnpei Constitution shall order publication to be made, in such manner as it deems proper, of a summons requiring the official to answer the adopted resolution of impeachment within 60 days of the last date of publication.

Source: S.L. No. 3L-40-93 §5, 8/2/93; S.L. No. 5L-58-01 §4, 12/21/01

 

8 PC 2-106.  Answer. The impeached official shall file an answer in writing. As to each allegation in the articles of impeachment, the impeached official may admit, deny, leave the matter to proof, or object to its sufficiency for impeachment.

Source: S.L. No. 3L-40-93 §7, 8/2/93; S.L. No. 5L-58-01 §6, 12/21/01

 

8 PC 2-107.  Failure to answer. Upon the failure of the impeached official to file an answer within the time allowed, entry of default may be had against the impeached official. No less than 30 days after any entry of default, a motion for default judgment may be filed and served, and subsequently heard. Any granting of such a motion shall require the vote of two-thirds of the members of the tribunal.

Source: S.L. No. 3L-40-93 §7A, 8/2/93

Note: §7A was inserted by S.L. No. 5L-58-01 §7, 12/21/01.

 

8 PC 2-108.  Hearing on sufficiency for impeachment. As to any objection to sufficiency for impeachment, the tribunal shall set a date for hearing. As a result of the hearing, the tribunal shall either uphold or overrule each objection. As to any objection overruled, the impeached official shall be given 20 days from the date of the tribunal’s order to file an answer. The answer shall either admit, deny, or leave the matter to proof.

Source: S.L. No. 3L-40-93 §8, 8/2/93; S.L. No. 5L-58-01 §8, 12/21/01

 

8 PC 2-109.  Trial. Within 30 days after every allegation has been either admitted, denied, or left to proof, the tribunal shall file an order setting the matter for trial. Trial shall commence no sooner than 60 days nor later than 90 days from the date of the tribunal’s order.

Source: S.L. No. 3L-40-93 §9, 8/2/93; S.L. No. 4L-75-98 §2, 4/13/98; S.L. No. 5L-58-01 §9, 12/21/01

 

8 PC 2-110.  Standard of proof. As to any article of impeachment, the impeached official may not have judgment against him unless the facts alleged therein are proved by the preponderance of the evidence, and such facts constitute an impeachable offense.

Source: S.L. No. 3L-40-93 §10, 8/2/93; S.L. No. 4L-75-98 §3, 4/13/98; S.L. No. 5L-58-01 §10, 12/21/01

 

8 PC 2-111.  Concurrence necessary to uphold impeachment. The impeachment cannot be upheld without the concurrence of two-thirds of the members of the tribunal; and if such two-thirds do not concur in upholding an impeachment, the impeached official must be declared acquitted.

Source: S.L. No. 3L-40-93 §11, 8/2/93; S.L. No. 5L-58-01 §11, 12/21/01

 

8 PC 2-112.  Pronouncement of judgment. Within 10 days after the termination of trial, the tribunal shall pronounce judgment, in the form of an opinion entered upon the court record.

Source: S.L. No. 3L-40-93 §12, 8/2/93; S.L. No. 5L-58-01 §12, 12/21/01

 

8 PC 2-113.  Adoption of judgment. On the adoption of the opinion, by a majority of the tribunal, who voted on the question of acquittal or upholding the impeachment, it becomes the judgment of the tribunal.

Source: S.L. No. 3L-40-93 §13, 8/2/93; S.L. No. 5L-58-01 §13, 12/21/01

 

8 PC 2-114.  Nature of the judgment. Upon upholding the impeachment the judgment must be solely that the impeached official be removed from office.

Source: S.L. No. 3L-40-93 §14, 8/2/93; S.L. No. 5L-58-01 §14, 12/21/01

 

8 PC 2-115.  Officer when impeached disqualified to act until acquitted. No officer shall exercise his office, after the notice of impeachment as provided in Article 13 §§6(2) and 6(3) of the Pohnpei Constitution is served upon him, until he is acquitted.

Source: S.L. No. 3L-40-93 §15, 8/2/93

 

8 PC 2-116.  Resignation or removal. Upon its being brought to the tribunal’s attention that the impeached official has resigned from office or been removed from office by other means, the tribunal shall file an appropriate order terminating the proceedings brought hereunder within 10 days.

Source: S.L. No. 3L-40-93 §15A, 8/2/93

Note: §15A was inserted by S.L. No. 5L-58-01 §15, 12/21/01.

 

8 PC 2-117.  Impeachment of Speaker of the Legislature. If the Speaker of the Legislature is impeached, another Speaker may be chosen.

Source: S.L. No. 3L-40-93 §16, 8/2/93; S.L. No. 4L-75-98 §4, 4/13/98

 

8 PC 2-118.  Impeachment not a bar to indictment. If the offense for which the impeached official is impeached be a crime, the prosecution thereof is not barred by the impeachment or the upholding thereof.

Source: S.L. No. 3L-40-93 §17, 8/2/93; S.L. No. 5L-58-01 §16, 12/21/01

 

8 PC 2-119.  Costs and expenses. The costs and expenses of the special prosecutor shall be charged to the Legislature. The impeached official shall be responsible for the costs and expenses of the official’s defense, subject to reimbursement at the discretion of the Court, only upon acquittal.

Source: S.L. No. 3L-40-93 §18, 8/2/93

Notes: 1. §18 was inserted by S.L. No. 5L-58-01 §17, 12/21/01. 2. S.L. No. 5L-58-01 §5 repealed S.L. No. 3L-40-93 §6, 8/2/93 in its entirety. 3. S.L. No. 5L-58-01 §18 transition provision has been omitted.

 

 

 

 

CHAPTER 3

judicial review of administrative actions

 

 

Section

3-101  Pohnpei Supreme Court review of administrative actions

3-102  Right of review

3-103  Relief pending review

3-104  Scope of review

 

 

8 PC 3-101.  Pohnpei Supreme Court review of administrative actions.

(1) The Trial Division of the Pohnpei Supreme Court shall have the authority to review all actions of any agency of the Government of Pohnpei in accordance with this chapter or any other statute or regulation that provides for a broader scope of judicial review.

(2) For purposes of this chapter, the actions of an agency include the actions of every entity, authority, and instrumentality of the Government of Pohnpei, but does not include the actions of the Pohnpei Legislature or the courts of this state, when exercising their constitutional authority to make or adjudicate law, or any activities of the Legislature or the courts related to the conduct of their constitutional duties.

Source: S.L. No. 3L-99-95 §14-1, 7/20/95

 

8 PC 3-102.  Right of review. A person suffering legal wrong because of agency action within the meaning of a relevant statute is entitled to judicial review thereof by the Trial Division of the Pohnpei Supreme Court. Such action before the Trial Division may seek relief in addition to other monetary damages and may state a claim that an agency or an officer or employee thereof acted unlawfully, or failed to act lawfully in an official capacity or under the color of legal authority. The Pohnpei Government may be named as a defendant in any such action, and a judgment or decree may be entered against the Pohnpei Government. Any mandatory or injunctive decree shall specify the officer or officers (by name and title), and their successors in office, personally responsible for compliance. Nothing herein affects the power or duty of the court to dismiss any action or deny relief on any appropriate legal or equitable ground.

Source: S.L. No. 3L-99-95 §14-2, 7/20/95

 

8 PC 3-103.  Relief pending review. When an agency finds that justice so requires, it may postpone the effective date of the action taken by it, pending judicial review. On such conditions as may be required and to the extent necessary to prevent irreparable injury, the Trial Division of the Pohnpei Supreme Court, or the Appellate Division of the Supreme Court should an appeal be taken, may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve the status or rights pending conclusion of the review proceedings.

Source: S.L. No. 3L-99-95 §14-3, 7/20/95

 

8 PC 3-104.  Scope of review. To the extent necessary to render a decision and when presented, the court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of any agency action. The court shall:

(1) Compel agency action unlawfully withheld or unreasonably delayed; and

(2) Hold unlawful and set aside agency action, findings and conclusions found to be:

(a) Arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law;

(b) Contrary to constitutional right, power, privilege or immunity;

(c) In excess of statutory jurisdiction, authority or limitations, or short of statutory right;

(d) Without observance of procedure required by law:

(e) Unsupported by substantial evidence in a case reviewed on the record of any agency hearing provided by statute; or

(f) Unwarranted by the facts to the extent that the facts are subject to trial de novo by the court.

(3) In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.

Source: S.L. No. 3L-99-95 §14-4, 7/20/95

 

 

 

TITLE 9

PUBLIC OFFICERS AND EMPLOYEES

 

 

CHAPTER

1  UNIFORM APPOINTMENTS AND TENURE

2  PUBLIC SERVICE SYSTEM

3  COMPENSATION restructuring

4  COMPENSATION

5  PER DIEM AND REIMBURSABLE EXPENSES

6  Pension Plan [pending]

7  [reserved]

8  Codes of ethics

 

 

 

 

CHAPTER 1

UNIFORM APPOINTMENTS AND TENURE

 

 

Section

1-101  Short title

1-102  Applicability

1-103  Appointment procedures

1-104  Tenure

1-105  Vacancies

1-105A.  Absences

1-106  Existing contracts

 

 

9 PC 1-101.  Short title. This chapter is known and may be cited as the “Uniform Appointments and Tenure Act of 1983.”

Source: S.L. No. 2L-177-83 §1, 5/5/83

 

9 PC 1-102.  Applicability. This chapter shall apply to the administrative heads of each of the executive departments, executive authorities, commissions, and agencies, and executive offices listed or referred to in the Executive Reorganization Act, Title 3 Chapter 1, and any amendments thereto or supersessions thereof, and to such other positions to which application of this statute is required by law.

Source: S.L. No. 2L-177-83 §2, 5/5/83; S.L. No. 1L-62-86 §6-4, 4/1/86; S.L. No. 4L-02-96 §3, 1/22/96; S.L. No. 5L-14-00 §3-2, 10/1/00

 

9 PC 1-103.  Appointment procedures. All offices listed in 9 PC 1-102 shall be filled by appointment of the Governor and subject to the advice and consent of the Pohnpei Legislature in the manner prescribed by law. Nominations shall be made to the Legislature by the Governor not later than 60 days following his/her inauguration as Governor of this state. Nominations shall be made to the office of the Speaker of the Legislature on a form prescribed by the Attorney General and shall be marked as to the time and date of receipt by the Legislative Clerk.

Source: S.L. No. 2L-177-83 §3, 5/5/83; S.L. No. 3L-43-93 §1, 8/13/93

 

9 PC 1-104.  Tenure. Each appointee to an office listed in 9 PC 1-102 shall serve at the pleasure of the Governor for a term consecutive with that of the Governor, unless a shorter time is prescribed by law or the employment contract. All duties and privileges, and salary and benefits of the office of an appointee listed in 9 PC 1-102 shall terminate at noon on the second Monday of January following the year of general election for the office of Governor, or at such earlier date as may be prescribed under this section.

Source: S.L. No. 2L-177-83 §4, 5/5/83; S.L. No. 3L-43-93 §2, 8/13/93

 

9 PC 1-105.  Vacancies.

(1) Vacancies in appointed positions in the departments, offices and agencies that are subject to the provisions of this chapter of the Code shall occur in the following instances:

(a) Commencement of the term of a Governor for appointed positions for which no person has yet to receive the approval of the Pohnpei Legislature in the manner required by Section 10 of Article 9 of the Pohnpei Constitution;

(b) Death of the appointed official;

(c) Resignation of the appointed official through written notice transmitted by the resigning official to the Governor who accepts the resignation and who shall promptly transmit a written copy of the received notice and his acceptance of the resignation to the Speaker of the Pohnpei Legislature;

(d) By decision of the Governor pursuant to Section 10 of Article 9 of the Pohnpei Constitution to dismiss an appointed official; upon making the decision, the Governor shall promptly transmit a written notice thereof to the subject appointed official who is the administrative head of the affected department, office or agency and to the Speaker of the Pohnpei Legislature; and

(e) By operation of the law occasioned by an appointed official of a department, office or agency of the executive branch being absent from his appointed position for a period of 180 consecutive calendar days following the effective date of this section of the Code for any reason other than for attendance to duties directly related to the position to which he has been appointed; PROVIDED that absence for educational or training purposes shall not be deemed to be attendance to duties directly related to the position to which he has been appointed.

(2) Vacancies in appointed positions of the administrative heads of the departments, offices and agencies of the executive branch that are subject to the provisions of this chapter of the Code shall be filled in the same manner as the original appointment through the process of appointment by the Governor with the advice and consent of the Legislature.

Source: S.L. No. 9L-57-17 §1, 12/20/17

Note: §1-105 was repealed in its entirety by §1 of S.L. No. 9L-57-17 and a new §1-105 was inserted in lieu thereof.

 

9 PC 1-105A.  Absences.

(1) The Governor, by executive order issued in the manner prescribed by 8 PC 1-102(d), shall provide for the temporary filling of a position of an administrative head of a department, office or agency that is subject to the provisions of this chapter of the Code which has become vacant or for which the appointed official is absent; PROVIDED that said order shall be consistent with the following provisions of this section of the Code.

(2) A vacancy or absence in the position of administrative head of a department, office or agency of the executive branch that is subject to the provisions of this chapter of the Code shall be temporarily filled by the appointed official who is the respective administrative head of that department, office or agency through the respective appointed official’s selection of a division head of that department, office or agency, or if no such division head exists, then by the selection by the respective appointed official from among the Public Service System employees as identified in Chapter 2 of this title of the Code of that department, office or agency; PROVIDED that if it is not possible for the responsible  appointed official to make such selection, then by the Governor’s selection of a division head of that department, office or agency, or if no such division head exists, then by selection by the Governor from among the Public Service System employees of that department, office or agency as identified in Chapter 2 of this title of the Code.

(3) Notwithstanding the provisions of Subsection (2) of this section but subject to all other conditions and limitations of this section of the Code, the Governor, at the commencement of his term, may select the respective administrative head of a department, office or agency holding the appointed office immediately prior to the commencement of the new term to temporarily fill that vacant position. 

(4) No person may serve as the temporary administrative head of a department, office or agency of the executive branch under the provisions of this section of the Code for more than 60 calendar days in any 180 calendar day period.

(5) A person serving in an acting capacity under the provisions of this section of the Code shall continue to receive the level of compensation for which he is entitled under the position he normally holds in the Public Service System as prescribed by Subchapter II of Chapter 4 of this title of the Code; PROVIDED that a person serving in an acting capacity for a position that has become vacant or for which compensation for the person holding the appointed position has been suspended pursuant to 9 PC 4-103A shall be compensated at the full rate prescribed for that position as set forth in 9 PC 4-102; PROVIDED FURTHER that in the instance that the regular Pohnpei Government compensation of the person serving in the acting capacity is greater than the amount of compensation accorded to the affected vacated or absent position by 9 PC 4-102, compensation for the person so serving in the acting capacity shall be paid at the rate he is entitled to in his regular job with the Pohnpei Government.

Source: S.L. No. 9L-57-17 §2, 12/20/17

 

9 PC 1-106.  Existing contracts. Nothing in this chapter shall impair the rights and obligations of any provision of an existing employment contract for the executive head of an office listed under 9 PC 1-102, for the extent of the present term of that contract; PROVIDED that any renewal of said contract shall be negotiated in a manner consistent with this chapter.

Source: S.L. No. 2L-177-83 §6, 5/5/83

Notes: 1. S.L. No. 2L-177-83 §13, 5/5/83 repealed S.L. No. 2L-173-83, 4/22/83 in its entirety. 2. The Governor signed the act on 5/5/82; however, since the act passed the Ponape Legislature on April 28, 1983, it can be assumed that the actual effective date was 5/5/83.

 

 

 

 

CHAPTER 2

PUBLIC SERVICE SYSTEM

 

 

Section

2-101  Short title

2-102  Establishment of the Pohnpei Public Service System

2-103  Definitions

2-104  Merit principles

2-105  Preference to legal residents of the state of Pohnpei

2-106  Tenure; nondiscrimination

2-106A.  Threats or retaliation prohibited

2-107  Retirement

2-108  Director of the Department of Treasury and Administration

2-109  Exemptions

2-110  Recruitment and placement

2-111  Examinations

2-112  Eligible lists

2-113  Filling vacancies

2-114  Disqualification from appointment and service

2-115  Provisional and short-term appointment

2-116  Probationary service

2-117  Position classification

2-118  Compensation plan: salaries

2-119  Compensation plan: periodic review

2-120  Compensation plan: premium

2-121  Differentials

2-122  Standby differential

2-123  Nightwork differential

2-124  Hazardous work differential

2-125  Compensatory time-off/overtime differential

2-126  Holiday differential

2-127  Emergency differential

2-128  Allowances

2-129  Holiday compensation

2-130  Performance evaluation

2-131  Leaves of absence

2-132  Employee associations

2-133  Outside employment

2-134  Grievances

2-135  Resignation

2-136  Abandonment

2-137  Reductions-in-force

2-138  Disciplinary action: suspension

2-139  Disciplinary action: dismissal; demotion

2-140  Appeals from suspension, dismissal or demotion

2-141  Regulations

2-142  Transition

 

 

9 PC 2-101.  Short title. This chapter is known and may be cited as the “Pohnpei Public Service System Act of 1981.”

Source: S.L. No. 2L-57-81 §1, 10/1/81

 

9 PC 2-102.  Establishment of the Pohnpei Public Service System. There is hereby established for the executive branch of the State Government of Pohnpei a system of personnel administration based on merit principles and accepted personnel methods governing the classification of positions and the employment, conduct, movement, and separation of public officers and employees. This system of personnel administration shall be referred to as the Pohnpei Public Service System.

Source: S.L. No. 2L-57-81 §2, 10/1/81

 

9 PC 2-103.  Definitions. In this chapter, unless the context requires otherwise, the following definitions shall apply:

(1) “Adjusted base salary” means the total of base salary plus marketplace premium. If an employee is not entitled to a marketplace premium, his adjusted base salary means his base salary.

(2) “Base salary” means the specific rate of pay for a given pay level and step as contained within the base salary schedule established by law. “Base salary” does not include differentials or allowances for standby, night work, transfer, overtime, holiday work, travel, per diem or other similar allowances.

(3) “Class” or “class of positions” means a group of positions sufficiently similar so that all can reasonably be identified by the same title, be filled by applying the same qualification standards, and be equitably compensated by the same salary level. A class may consist of only one position or of any greater number of positions.

(4) “Department head” is that person in charge of a particular department who is authorized to act as a management official.

(5) “Director” means the Director of the Department of Treasury and Administration.

(6) “Eligible list” means a list of persons who have been found qualified for appointment to a position in a particular class. Such a list may be either promotional or open-competitive.

(7) “Eligible person” or “eligible” means a person whose name is on an active eligible list.

(8) “Employee” means a person holding a position in the public service, whether permanently or otherwise.

(9) “Management official” or “management” means a person authorized to make appointments or changes in status of employees in the public service.

(10) “Open-competitive examination” means an examination for positions in a particular class, admission to which is not limited to persons employed in the public service.

(11) “Open-competitive list” means a list of persons who have been found qualified by open-competitive examination for appointment to a position in a particular class.

(12) “Position” means a group of duties and responsibilities assigned by competent authority to be performed by one person, working full-time or part-time. A position may be occupied or vacant.

(13) “Position classification plan” means the arrangement in a systematic order of the titles of all classes existing in the public service, with a description of each class.

(14) “Probation period” means a period of probationary employment status of not less than six months nor more than one year from the beginning of an employee’s service in a particular position or class in the public service.

(15) “Promotional examination” means an examination for positions in a particular class, admission to which is limited to regular employees in the public service.

(16) “Promotional list” means a list of persons who have been found qualified by promotional examination for appointment to a position in a particular class.

(17) “Public service” means all offices and other positions in the executive branch of the Pohnpei Government not exempted by 9 PC 2-109.

(18) “Regular employee” or “permanent employee” means an employee who has been appointed to a position in the public service who has successfully completed a probation period.

Source: S.L. No. 2L-57-81 §3, 10/1/81; S.L. No. 5L-14-00 §3-49, 10/1/00

 

9 PC 2-104.  Merit principles. The Pohnpei Public Service System shall be administered in accordance with the merit principles set forth below:

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

(2) No discrimination against any person because of a physical handicap unconnected to his ability to perform effectively the duties of the position in which he is employed or in which he is seeking employment; PROVIDED that the employment of said physically handicapped person will not be hazardous to him nor endanger the health and safety of others;

(3) Impartial selection of the best person for public service by means of tests which are fair, objective, and practical;

(4) Just opportunity for competent employees to be promoted within the service;

(5) Reasonable job security for competent employees, including the rights of appeal from adverse personnel actions as provided in this chapter;

(6) Systematic classification of all positions through objective job analysis; and

(7) Fair and reasonable grievance procedures, appropriate to conditions of employment, for all employees.

Source: S.L. No. 2L-57-81 §4, 10/1/81

 

9 PC 2-105.  Preference to legal residents of the state of Pohnpei.

(1) Notwithstanding 9 PC 2-104 above, preference shall be given to qualified legal residents of Pohnpei in making appointments and promotions and providing opportunities for training in the public service.

(2) Notwithstanding Subsection (1) of this section, second preference for employment shall be given to citizens of the Federated States of Micronesia who are not legal residents of Pohnpei at the time of application to a position or promotion within said position.

(3) This section shall be enforced by appropriate regulations.

Source: S.L. No. 2L-57-81 §5, 10/1/81

 

9 PC 2-106.  Tenure; nondiscrimination.

(1) Every regular employee shall be entitled to hold his position during good behavior, subject to suspension, demotion, lay-off, early retirement or dismissal only as provided in this chapter and in the regulations adopted in pursuance hereof and state law relative to early retirement; PROVIDED, HOWEVER, that the tenure of a contract employee is the term of his contract.

(2) No employee in the public service systems shall be suspended, demoted, dismissed, laid off, retired early, or otherwise discriminated against because of sex, race, religion, age, political affiliation, ancestry, family or place of origin.

Source: S.L. No. 2L-57-81 §6, 10/1/81; S.L. No. 4L-38-97 §14, 6/10/97

 

9 PC 2-106A.  Threats or retaliation prohibited.

(1) No appointed officer of the Executive Branch of the Pohnpei Government or management official within the Public Service System may suspend, discharge, threaten or otherwise discriminate against an employee regarding the employee’s job title, job assignment, compensation, terms, conditions, location, or privileges of employment in an effort to influence his testimony or in retaliation for his testimony at a hearing before a committee of the Pohnpei Legislature, at a hearing before a state court, at a hearing before an adjudicatory body of the executive branch, or at an inquiry before the Office of the Pohnpei Auditor.

(2) In addition to such other civil and criminal penalties as may be prescribed by law, any appointed officer found in violation of this section shall constitute an impeachable offense of misconduct in office and shall be subject to removal from public office in the manner prescribed by Article 13, Section 6 of the Pohnpei Constitution.

(3) In addition to such other civil and criminal penalties as may be prescribed by law, any management official found in violation of this section shall be subject to dismissal in the manner prescribed by 9 PC 2-139.

(4) Notwithstanding any other subsection of this section, the protection of witnesses to testify without fear of reprisal as provided herein shall not extend to testimony which constitutes perjury under the laws of this state.

Source: S.L. No. 8L-14-12 §1, 11/01/12

 

9 PC 2-107.  Retirement.

(1) Any employee of the public service, upon reaching the age of 60 years, must retire from public service in the calendar year during his or her attainment of 60 years.

(2) Any employee may retire with full retirement benefits from public service after said employee’s attaining both the retirement age and the eligibility requirements in accordance with employment classification as set forth in the Pohnpei Pension Plan, 9 PC 6-104(16).

(3) Any employee wishing to contest his forced retirement shall be entitled to a hearing as provided for by 9 PC 2-138 – 9 PC 2-140. He must submit in writing to the Director a statement of his intentions and a personnel review board shall be chosen not later than 15 calendar days after the Director receives such communication.

Source: S.L. No. 2L-57-81 §7, 10/1/81; S.L. No. 3L-51-93 §9-5, 12/3/93

 

9 PC 2-108.  Director of the Department of Treasury and Administration.

(1) The Director of the Department of Treasury and Administration, hereinafter referred to as “Director,” shall direct and supervise all the administrative and technical activities of the Department with respect to this chapter, including its Division of Personnel, Labor and Manpower Development and its personnel activity.

(2) The Director shall:

(a) Administer the system of personnel administration for the Pohnpei Government;

(b) Prepare proposed policies and regulations to carry out this chapter;

(c) Cooperate fully with and attend, or assign a qualified representative to attend, all meetings of the personnel review boards organized under 9 PC 2-138 – 9 PC 2-140, and provide the boards with such technical advice as they may require;

(d) Appoint other employees of the Department in accordance with all other applicable provisions of law;

(e) Establish and maintain a current roster of all officers and employees in the public service, indicating for each the class of position held, the salary, and any other appropriate data;

(f) Develop and maintain a system of performance evaluation for the purpose of appraising the productivity of employees in the public service;

(g) Develop and maintain a position classification plan in accordance with this chapter and other applicable laws;

(h) Develop and utilize recruitment and selection procedures and methods;

(i) Develop training programs for the improvement of employee skills and for the development of systematic career programs for employees; and

(j) Perform any other lawful acts assigned to him by the Governor, or otherwise required to carry out the provisions and purposes of this chapter.

Source: S.L. No. 2L-57-81 §8, 10/1/81; S.L. No. 5L-14-00 §3-49, 10/1/00

 

9 PC 2-109.  Exemptions.

(1) The Pohnpei Public Service System shall apply to all employees of and positions in the state executive branch, now existing or hereafter established, and to all personnel services performed for that government except the following, unless this chapter or provisions thereof are specifically made applicable to them:

(a) The Governor and Lieutenant Governor;

(b) The Public Auditor;

(c) The directors of executive departments and administrators of executive offices established by law;

(d) Elected officers and persons appointed to any other positions requiring the advice and consent of the Legislature;

(e) Persons or organizations retained or hired by contract when the Director has certified that the service to be performed is special or unique and non-permanent and is essential to the public interest; and that, because of the degree of expertise or special knowledge required and the nature of the services performed, it would not be practical to obtain personnel to perform such services through normal public service recruitment procedures;

(f) Persons presently under contract of employment not included in Paragraph (e) of this subsection, during the life of such contract, except if renewed or amended;

(g) Temporary positions, required in the public interest, for which the need does not exceed six months;

(h) Positions requiring part-time or intermittent work that does not exceed 20 hours in the bi-weekly pay period;

(i) Positions filled by inmates, patients, and students of institutions of the state;

(j) Members of any state board, public corporation, commission or similar body, in their capacity as such, unless otherwise made subject to this chapter; PROVIDED that employees thereof shall be subject to this chapter unless otherwise exempted herefrom; and

(k) Positions specifically exempted by any other law of the state.

(2) Nothing in this section shall be deemed to affect the public services status of any incumbent as it existed on the effective date of this chapter [October 1, 1981].

Source: S.L. No. 2L-57-81 §9, 10/1/81; S.L. No. 4L-02-96 §2, 1/22/96; S.L. No. 5L-14-00 §3-49, 10/1/00

 

9 PC 2-110.  Recruitment and placement. Except as otherwise provided in this chapter, all positions covered by this chapter and for which authorizations, and, where applicable, appropriations shall have been made, shall be recruited by advertisement, for the period and by the media which are appropriate in the circumstances. The advertisement shall include at least the position, title, the salary, a brief description of the class, the location of the vacancy or vacancies, the qualification standards required, and the time and place of the examination, if any. The closing date for filing applications shall be clearly stated. On applications that are mailed, the date of postage marked on the mailing envelope shall be used to determine compliance with the deadline stated in the advertisement.

Source: S.L. No. 2L-57-81 §10, 10/1/81

 

9 PC 2-111.  Examinations.

(1) General character. There shall be competitive examinations, whenever possible and as determined by the Director, to test the relative fitness of candidates for public service positions covered by this chapter. Examinations may be in writing, by oral performance, or any combination thereof, and shall provide for ascertaining the physical and educational qualifications, experience, knowledge, and skills of applicants and their relative capacity and fitness for the duties of the position they seek. All examinations shall be free and, except for promotional examinations, shall be open to all candidates, but with such limitations in regard to health, physical conditions, education, training, experience, and other relevant matters as are appropriate to the class for which the examination is given. All examinations shall be under the control of the Director or of such person or persons as he may designate to administer them. All persons who have passed an examination may be required to take such physical examination as may be specified by the Director.

(2) Promotional examinations. Examinations may be promotional whenever, in the opinion of the Director, such examinations are practicable and for the best advantage of the public service. The Director shall give ample notice of any promotional examinations.

(3) Open-competitive examinations. Examinations shall be open-competitive whenever, in the opinion of the Director, such examinations are practicable and for the best advantage of the public service. The Director shall give ample notice of any open-competitive examinations.

(4) Non-competitive examinations. Non-competitive examinations may be given when, in the opinion of the Director, the class for which the examination is to be given calls for special qualifications which could not practically be evaluated through competition, or when the number of qualified candidates does not exceed the number of vacancies to be filled.

Source: S.L. No. 2L-57-81 §11, 10/1/81

 

9 PC 2-112.  Eligible lists.

(1) General. The Director shall cause to be established and maintained separate eligible lists for all classes in which vacancies exist or are anticipated. Eligible lists may be open-competitive or promotional depending on whether they result from open-competitive examinations or promotional examinations. An eligible list may remain active for one year.

(2) The Director may remove the name of a person from any eligible list or refuse to certify his name on any list of eligible persons if he finds, after giving him notice and an opportunity to be heard, that the person is no longer able to perform the necessary duties satisfactorily.

Source: S.L. No. 2L-57-81 §12, 10/1/81

 

9 PC 2-113.  Filling vacancies. Whenever there is a position to be filled, the authorized management official shall ask the Director to submit a list of persons eligible. The Director shall thereupon certify a list of five, or such lesser number as may be available, taken from eligible lists in the following order: first, promotional lists; and second, open-competitive lists. The highest management official of the department, or of the office or agency if not within a department, shall make the appointment from the list of eligibles submitted to him unless he finds no person available and acceptable to him on the list, in which case he will ask the Director to certify a new list, stating in writing his reasons for rejecting each of the eligibles on the list previously submitted to him. If the Director finds such reasons adequate, he shall then submit a new list of no more than five eligibles selected in a like manner, from which said management official shall make an appointment. If the Director does not find the reason adequate, he shall resubmit the list and the appointment shall be made therefrom.

Source: S.L. No. 2L-57-81 §13, 10/1/81

 

9 PC 2-114.  Disqualification from appointment and service. This section shall apply to all public service system positions, inclusive of all positions exempted by 9 PC 2-109(1):

(1) Conviction of a felony after completion of sentence as specified in Subsection (1) of this section hereof shall not be a bar to employment in the public service unless the Director determines that the nature of the felony renders the candidate clearly unsuitable for the position applied for.

(2) The willful commission of or the attempt to commit any material deception or fraud in connection with any application or examination shall cause removal and permanent disqualification from appointment in the public service, after due notice and hearing by the Director.

Source: S.L. No. 2L-57-81 §14, 10/1/81

Note: Subsection (1) of this section formerly stated “(1) No person may be appointed or serve in the public service system who is currently under sentence, inclusive of the period for which imprisonment or other punishment has been suspended, for conviction of a felony under the laws of this State or the National Government or any other state of the Federated States of Micronesia, or of the United States of America or any political subdivision thereof.” This provision has been declared unconstitutional by the Pohnpei Supreme Court;  see Paulus v. State of Pohnpei 3 FSM Intrm. 208 (Pon. S. Ct. Tr. 1987).

 

9 PC 2-115.  Provisional and short-term appointment.

(1) Provisional appointment pending establishment of an eligible list. When there is no eligible person available on a list appropriate for filling a vacancy in a continuing position and the public interest requires that it be filled before eligibles can be certified, the Director may authorize the filling of the vacancy through provisional appointment. The Director shall proceed without delay to announce an examination to fill the vacancy. The provisional appointment shall continue only for such a period as may be necessary to make an appointment from an eligible list but shall not extend beyond 90 days; PROVIDED that the Director may extend the provisional appointment for a maximum of 30 additional days if an examination has failed to secure any qualified available eligible person.

(2) Emergency appointments. To prevent the stoppage of essential public business, management officials may make emergency appointments, not to exceed ten working days, to fill positions temporarily in any serious emergency when time is insufficient to follow normal appointment procedures. The Director may, for good and sufficient cause stated in writing by the management official concerned, extend the appointment for an additional period not to exceed 20 working days.

(3) Qualifications. Provisional and temporary appointees must meet the qualification standards for the class of the position to be filled.

Source: S.L. No. 2L-57-81 9 PC 15, 10/1/81

 

9 PC 2-116.  Probationary service.

(1) Every employee shall successfully serve a probation period before becoming a regular employee. An employee whose services are unsatisfactory during his probation period may be dismissed from the public service at any time, by the responsible management official. An employee so dismissed shall have no right of appeal; but, if the employee so requests, the Director may, in his discretion, insert the employee’s name on the eligible list or lists for other positions in the same class.

(2) A regular employee who is promoted or transferred to another position in the public service shall be required to serve a new probation period in his new position, but he shall be entitled to all the rights and privileges of a member of the public service except the right to appeal in the case of removal from the new position, as distinguished from dismissal from the public service.

(3) When a provisional or temporary appointee subsequently becomes a probational employee, the period of service in provisional or temporary status shall be counted toward meeting the probation period required by this section.

Source: S.L. No. 2L-57-81 §16, 10/1/81

 

9 PC 2-117.  Position classification. All positions subject to this chapter shall be classified by the Director according to their duties and responsibilities, and shall be grouped into classes on the basis of their similarities in duties, responsibilities, and desirable qualifications. Each class shall be given a title which shall apply to all positions therein, and which shall be used for all personnel, budgetary, and financial purposes. In preparing the position classification plan, the Director shall consult with appropriate management officials. The Director may change a position from one class to another when substantial changes have occurred in the duties and responsibilities of the position. The Director shall determine the status of occupants of positions that have been so reclassified.

Source: S.L. No. 2L-57-81 §17, 10/1/81

 

9 PC 2-118.  Compensation plan: salaries. There shall be a single base salary computation table for all employees and positions in the Public Service System. The Director shall assign each class of positions to an appropriate salary level of such table.

Source: S.L. No. 2L-57-81 §18(1), 10/1/81; S.L. No. 1L-114-86 §1(1), second pay period following 11/13/86;

S.L. No. 4L-25-96 §6, 7/1/97

 

9 PC 2-119.  Compensation plan: periodic review. The Director shall periodically conduct necessary and appropriate studies of rates and compensation and pay-related practices in all geographic areas from which employees for public service are normally recruited, and shall adopt such amendments to the existing compensation plan as is deemed appropriate; PROVIDED that, when the amendment includes changes in the salary table, the rates or nature of premiums, differentials or allowances, or other subjects covered in this chapter or in other laws, the Director shall submit the recommendations to the Governor for review, approval, and further transmittal to the Legislature for its consideration, and that such amendment shall become effective only after it has been enacted into law. In developing amendments, the Director shall give consideration to:

(1) The minimum standard of living which is compatible with decency and health;

(2) The general economic conditions of the state;

(3) Compensation practices and conditions of appropriate labor markets;

(4) Conditions of employment in the Pohnpei Public Service System;

(5) The financial resources estimated to be available to the government; and

(6) Such other matters as the Director may deem appropriate.

Source: S.L. No. 2L-57-81 §18(2), 10/1/81; S.L. No. 1L-114-86 §1(2), second pay period following 11/13/86;

S.L. No. 4L-25-96 §6, 7/1/97

 

9 PC 2-120.  Compensation plan: premium. To recognize circumstances of employment which make it appropriate that recognition be given to labor market conditions outside the state, the following premium is provided to public service employees. An employee who is recruited in a location outside the state who is a non-citizen of the Federated States of Micronesia and, at the time of original hire, a non-resident thereof, may be paid a premium based on labor market conditions in the place of recruitment and on the level of the base salary. When an employee is receiving this premium in addition to that person’s base salary, the sum of the base salary plus premium shall constitute said person’s adjusted base salary for the purpose of computing differentials.

Source: S.L. No. 2L-57-81 §18(3), 10/1/81; S.L. No. 1L-114-86 §1(3), second pay period following 11/13/86;

S.L. No. 4L-25-96 §6, 7/1/97

 

9 PC 2-121.  Differentials. To compensate for unusual circumstances of employment which create hardships for public service employees, the following differentials are provided for them; PROVIDED that in no case may an employee’s combined differentials under 9 PC 2-122 through 9 PC 2-127 exceed thirty percent (30%) of his or her adjusted base salary in a biweekly period.

Source: S.L. No. 2L-57-81 §18(4), 10/1/81; S.L. No. 1L-114-86 §1(4), second pay period following 11/13/86;

S.L. No. 4L-25-96 §6, 7/1/97

 

9 PC 2-122.  Standby differential. An employee whose duties require him or her to remain in a standby status, subject to call at any time, for a regularly scheduled period in excess of a normal 40-hour work week and who, in fact, is frequently called during this period of scheduled standby, shall be compensated at the rate of twenty percent (20%) of the adjusted base salary for each hour or portion thereof he or she shall so serve in a standby status. The standby differential shall be paid to a qualifying employee during the time he or she is on standby status and not during the time he or she is actually called to work during that period. During the time such employee is actually working during the standby period, he or she shall be entitled to time off or payment of applicable differentials where allowable under §§2-121 – 2-127.

Source: S.L. No. 2L-57-81 §18(4)(a), 10/1/81; S.L. No. 1L-114-86 §1(4)(a), second pay period following 11/13/86; S.L. No. 4L-25-96 §6, 7/1/97

 

9 PC 2-123.  Nightwork differential. An employee whose tour of duty includes regularly scheduled hours falling between 7:00 p.m. and 6:00 a.m. shall be compensated at the rate of one hundred fifteen percent (115%) of the adjusted base salary for all hours falling within that period.

Source: S.L. No. 2L-57-81 §18(4)(b), 10/1/81; S.L. No. 1L-114-86 §1(4)(b), second pay period following 11/13/86; S.L. No. 4L-25-96 §6, 7/1/97

 

9 PC 2-124.  Hazardous work differential. An employee who performs work which entails unusual and extreme hazards to that person’s health or safety shall be compensated at the rate of one hundred twenty-five percent (125%) of the adjusted base salary for all hours in which hazardous work is performed.

Source: S.L. No. 2L-57-81 §18(4)(c), 10/1/81; S.L. No. 1L-114-86 §1(4)(c), second pay period following 11/13/86; S.L. No. 4L-25-96 §6, 7/1/97

 

9 PC 2-125.  Compensatory time-off/overtime differential. An employee shall be paid overtime compensation at the rate of one hundred fifty percent (150%) of his or her adjusted base salary for all the time when said employee is directed to work and does work in excess of eight hours in a day or 40-hours in a week; PROVIDED, HOWEVER, that the employee’s supervisor, in his discretion, may allocate compensatory leave time to the affected employee at the rate herein specified in lieu of the overtime differential; PROVIDED FURTHER, that if the supervisor shall not have accorded to the employee sufficient compensatory time off in lieu of the overtime compensation which can be used by the affected employee within 60 days following the date that such compensatory time was earned, the employee shall be entitled forthwith to the payment of overtime compensation at the rate herein prescribed for such hours for which compensatory time was credited in lieu of overtime compensation but that has not been accorded to the employee within the period herein prescribed.

Source: S.L. No. 2L-57-81 §18(4)(d), 10/1/81; S.L. No. 1L-114-86 §1(4)(d), second pay period following 11/13/86; S.L. No. 4L-25-96 §6, 7/1/97

 

9 PC 2-126.  Holiday differential. An employee who is required to work on a legal holiday shall be compensated at the rate of two hundred percent (200%) of his or her adjusted base salary for all such hours worked.

Source: S.L. No. 2L-57-81 §18(4)(e), 10/1/81; S.L. No. 1L-114-86 §1(4)(e), second pay period following 11/13/86; S.L. No. 4L-25-96 §6, 7/1/97

 

9 PC 2-127.  Emergency differential. Employees who are required to work in a location and for a period in which a typhoon or other natural catastrophe has been declared by the Governor and in which other government employees are released from work because of such conditions, shall be compensated for the hours worked while such emergency remains in force at the rate of two hundred fifty percent (250%) times his or her adjusted base salary. The differential provided in this section shall be paid at the rate prescribed for emergency differential in lieu of such other compensatory differentials as may otherwise apply.

Source: S.L. No. 2L-57-81 §18(4)(f), 10/1/81; S.L. No. 1L-114-86 §1(4)(f), second pay period following 11/13/86; S.L. No. 4L-25-96 §6, 7/1/97

 

9 PC 2-128.  Allowances. To compensate employees for unusual expenses resulting from changes of work location, the following allowances are provided to public service employees:

(1) Transfer allowance. When an employee is recruited or transferred beyond commuting distance from his or her place of permanent residence for work elsewhere, he or she shall be entitled to all justifiable expenses connected with travel that employee and the employee’s immediate family to the new work location and transportation of a reasonable quantity of household effects. He or she shall be entitled to an allowance equal to per diem at the established rate for the new duty station for a period not exceeding 30 calendar days from the date of entry into the new position.

(2) Temporary housing allowance. When an employee who is otherwise entitled to government housing is transferred to a new duty station where housing is not immediately available, said employee shall be paid a temporary housing allowance pending occupation of said employee’s quarters at such rate as the Director finds necessary and appropriate; PROVIDED that an employee shall not receive a temporary housing allowance when receiving per diem pursuant to Subsection (1) of this section.

Source: S.L. No. 2L-57-81 §18(5), 10/1/81; S.L. No. 1L-114-86 §1(5), second pay period following 11/13/86;

S.L. No. 4L-25-96 §6, 7/1/97

 

9 PC 2-129.  Holiday compensation. All employees of the state are entitled to compensation for all legal holidays at said employee’s adjusted base salary rate.

Source: S.L. No. 2L-57-81 §18(7), 10/1/81; S.L. No. 1L-114-86 §1(7), second pay period following 11/13/86; S.L. No. 4L-25-96 §6, 7/1/97

 

9 PC 2-130.  Performance evaluation. The Director shall develop and maintain a system of performance evaluation for the purpose of appraising the productivity of employees in the public service. Each agency shall develop performance evaluation criteria for every class or, if appropriate, for individual positions, and shall rate each employee under its jurisdiction at least once a year. The Director shall standardize performance evaluation criteria, develop evaluating procedures, and certify the final evaluations. A copy of each evaluation shall be given to the employee affected, and the management official shall give written notification to any employee whose performance is substandard. Performance evaluations shall be used in determining eligibility for retention status in reduction-in-force.

Source: S.L. No. 2L-57-81 §19, 10/1/81; S.L. No. 4L-25-96 §6, 7/1/97

 

9 PC 2-131.  Leaves of absence.

(1) Leaves of absence with pay may be granted to employees by management officials for reasons of annual leave (vacation), illness, training or education, or for other such reasons as will be in the best interests of the public service. Eligibility for such leaves, the method and rate of earning such eligibility, and the duration of the leaves shall be established by regulations.

(2) Leaves of absence without pay may be granted for such reasons as management officials may deem proper and consistent with the best interests of the public service. Regulations may prescribe the characteristics and eligibility of such leaves.

Source: S.L. No. 2L-57-81 §20, 10/1/81

 

9 PC 2-132.  Employee associations.

(1) 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.

(2) This does not grant the right of said associations to strike against the Government of Pohnpei. Any action of said nature will be held in violation of this subsection and any willing offender will be subject to immediate dismissal.

Source: S.L. No. 2L-57-81 §21, 10/1/81

 

9 PC 2-133.  Outside employment.

(1) It shall be a dischargeable offense for any 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:

(a) Use of public 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; or

(f) Any adverse effect on the confidence of the public in the integrity of the government.

(2) No employee subject to this chapter shall receive compensation or any thing of monetary value, other than that to which he is duly entitled from the government, for the performance of any activity during his service and within the scope of his official responsibilities.

Source: S.L. No. 2L-57-81 §22, 10/1/81

 

9 PC 2-134.  Grievances. The regulations shall 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.

Source: S.L. No. 2L-57-81 §23, 10/1/81

 

9 PC 2-135.  Resignation. All resignations shall be in writing and submitted to the appropriate management official no less than 14 working days before proposed resignation of the employee.

Source: S.L. No. 2L-57-81 §24, 10/1/81

 

9 PC 2-136.  Abandonment. If an employee ceases work without explanation for not less than six consecutive working days he shall be deemed to have abandoned his position, and the management official shall file with 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.

Source: S.L. No. 2L-57-81 §25, 10/1/81

 

9 PC 2-137.  Reductions-in-force. Regulations shall be developed to govern the conditions under which an employee shall be laid-off from his position when lack of work or lack of funds makes such action necessary. The regulations shall provide that, in establishing order of layoff, consideration shall be given first, to the employee’s individual merit, as shown by performance evaluations; second, to his seniority as measured by total creditable service; and third, to his qualifications of education, training, and experience.

Source: S.L. No. 2L-57-81 §26, 10/1/81

 

9 PC 2-138.  Disciplinary action: suspension. A management official may, for disciplinary purposes, suspend any employee without pay for such length of time as he considers appropriate. No single suspension for a period of more than three working days, whether consecutive or not, shall take effect until the management official transmits to the employee, by the most practical means, a written notice setting forth the specific reasons for the suspension and the employee’s rights of appeal. A copy of the notice shall be filed with the Director without delay. With the approval of the Director, an employee may be suspended for a period longer than 30 days pending the investigation of any charge against him. When an employee has been suspended pending such an investigation and the charge is subsequently dropped, he shall be reinstated in his position with full pay and benefits retroactive to the date of suspension.

Source: S.L. No. 2L-57-81 §27(1), 10/1/81

 

9 PC 2-139.  Disciplinary action: dismissal; demotion. A management official may, for disciplinary reasons, dismiss or demote an employee for such causes that will promote the efficiency of the public service. Demotions may also be made for reasons other than disciplinary ones. The personnel regulations shall specify the circumstances in which such demotions may be authorized. No dismissal or demotion of a permanent employee shall be effective for any purpose until the management official transmits to the employee, by the most practical means, a written notice setting forth the specific reasons for the dismissal or demotion and the employee’s rights of appeal. A copy of the notice shall be filed with the Director without delay.

Source: S.L. No. 2L-57-81 §27(2), 10/1/81

 

9 PC 2-140.  Appeals from suspension, dismissal or demotion.

(1) The Governor shall nominate, and, with the advice and consent of the Legislature, shall designate not fewer than seven persons to constitute a panel from which a Personnel Review Board may be drawn for the purpose set forth in this section. The Governor may remove a member of the panel for cause. Persons nominated shall be officers or employees of the state government, of mature judgment and experience. The Governor, Lieutenant Governor, members of the Legislature, justices and other judges of the state courts, the Attorney General, and directors of departments shall not be eligible for membership on the panel.

(2) Any regular employee who is suspended for more than three working days, demoted or dismissed may appeal through the Director within 15 calendar days after written notice of the suspension, demotion or dismissal has been transmitted to him. Upon receiving such appeal, the Director shall constitute a Personnel Review Board of three members, drawn from the panel established under Subsection (1) of this section.

(a) The Personnel Review Board shall be comprised of one member chosen by the Director, one chosen by the appellant, and a third chosen jointly by the first two members. If the first two are unable to agree on the choice of a third member, the third member shall be selected by lot from among the remaining members of the panel.

(b) No member of a Personnel Review Board shall be an officer or employee of the agency to which the appellant is or was assigned, or a close relative of either the appellant or the responsible management official.

(c) Members of a Personnel Review Board shall not receive additional compensation for such service, but shall be reimbursed for necessary expenses connected with any hearing to which they are assigned.

(3) The hearing shall be held within 15 calendar days after the Director receives the appeal. At the hearing, the appellant and the responsible management official shall have the right to be heard, to present evidence, and to be confronted by all adverse witnesses. The appellant shall have the right to be represented by counsel of his own choosing.

(4) At the hearing, technical rules of evidence shall not apply and evidence shall be taken stenographically or by manual or electronic recording machine. The Board, on its own motion or on that of the Director, management official or the appellant, shall subpoena witnesses and tangible evidence, when such witnesses or evidence are relevant to the hearing. Hearings shall be public except when the appellant requests a closed hearing.

(5) The Board shall prepare a full written statement of its findings of fact and its recommendations for action within seven calendar days after the close of the hearing. Its recommendations may include modifications or reversal of the disciplinary action from which appeal was taken. It shall forthwith transmit that statement, with such support documentation as it deems appropriate, to the highest management official responsible for the department, office or agency to implement such decision. The decision of the Board shall be final.

(6) Disciplinary actions taken in conformance with this section shall in no case be subject to review in the courts until the administrative remedies prescribed herein have been exhausted.

Source: S.L. No. 2L-57-81 §27(3), 10/1/81

 

9 PC 2-141.  Regulations. The Director shall draft regulations for personnel administration in the state government and shall submit such proposed regulations, together with his comments and recommendations thereon, to the Governor. The Governor, after considering the recommendations of the Director, shall promulgate personnel regulations in the manner prescribed by law. When promulgated, such regulations shall have the force and effect of law. They may relate to any matter not inconsistent with law concerning the establishment and maintenance of a system of personnel management based on merit principles, including but not limited to matters set forth in this chapter, and may be amended or repealed through the same procedure by which they were adopted by statute. Trust Territory Public Service regulations in force in the state on the effective date of this chapter [October 1, 1981] and not inconsistent with this chapter shall remain in effect as state regulations under this chapter until amended, superseded or repealed in the manner prescribed by this section.

Source: S.L. No. 2L-57-81 §28, 10/1/81

 

9 PC 2-142.  Transition. A regular employee holding a valid appointment in Trust Territory Public Service in service for this state, without further operation of law, shall be admitted without examination, in or after the effective date of this chapter [October 1, 1981], to a position of the same class or an equivalent class in the Pohnpei Public Service System. In subsequently computing the seniority of such an employee for retention and similar purposes, his time of service in the Trust Territory Public Service shall be credited in the same manner as if it had been in the Pohnpei Public Service System.

Source: S.L. No. 2L-57-81 §29, 10/1/81

Notes: 1. S.L. No. 2L-57-81 §18(6), 10/1/81 was implicitly repealed by S.L. No. 4L-25-96 §6, 7/1/97. 2. S.L. No. 2L-57-81 §30 superceding provision has been omitted.

 

 

 

 

CHAPTER 3

Compensation Restructuring

 

 

Section

3-101  Short title

3-102  Legislative findings

3-103  Parity among the state civil service systems

3-104  Exempt positions

3-105  Compensation restructuring leave

3-106  Members of the workforce distinguished

3-107  Use of grant funds restricted

 

 

9 PC 3-101.  Short title. This chapter is known and may be cited as the “Compensation Restructuring Act of 1996.”

Source: S.L. No. 4L-25-96 §1, 7/1/97

 

9 PC 3-102.  Legislative findings.

(1) The Pohnpei Legislature finds that the reductions of funding from the United States of America Government under the Compact of Free Association and the persistent refusal of the Federated States of Micronesia National Government to realign revenue-distribution formulas to accurately reflect the federal division of responsibilities may seriously impact this state’s financial ability to meet its constitutional and statutory responsibilities. The Legislature further finds that, because of the severe shortage in funds available to the state, this government may no longer maintain its public work force at levels of compensation previously provided.

(2) Article 11 §12 of the Pohnpei Constitution requires that, “Iren koasoandih kei pahn kokouda sang Kosonned pwehn iteite doadoahklahn mwohni kan, oh en katikala doadoahklahn mwohni kan ni ahnsou kan me mwohni en weipokon sohte pahn itar ong doadoahklahn mwohni en weipokon me pahn wiawi nan pahr en mwohnio.” Moreover, Article 10 §8 of the Pohnpei Constitution requires that: “Pweinarail [ong pweinen Soun Kopwung en Mwoalen Kopwung Ihleile, soun kopwung teikan oh tohn pwihn en tenek kan] sohte pahn kak ketikitikla ni ahnsou me re wiwia arail pwukoah nan ohpis, ihte ma mie koasoandi ieu sang kosonned ni soangen pweipwei pahrek ehu me kipe ohpiser oh tohn doadoahk koaros en government en Weipokon en Pohnpei.” Cognizant of these constitutional mandates, and mindful of the indispensable nature of the services that this government provides to our people, the Legislature hereby declares that it is in the essential public interest to take such statutory steps as may be necessary to reduce in equal proportion all of this government’s personnel costs to within levels that can be realistically supported by the limited revenues available to this state. It is for this purpose that this statute has been enacted.

Source: S.L. No. 4L-25-96 §2, 7/1/97; S.L. No. 4L-29-97 §2, 3/30/97

Notes: 1. S.L. No. 4L-29-97 §2, 3/30/97 purpose provision reads:

“The Legislature finds that the severe shortage of funds available to the state requires an early implementation of the compensation restructuring contained in S.L. No. 4L-25-96, which law is slated to take effect on July 1, 1997, and requires that the government undertake other cost-savings steps with respect to its personnel.”

2. S.L. No. 4L-29-97 §4 appropriation provision has been omitted.

 

9 PC 3-103.  Parity among the state civil service systems. Not later than 30 days following the effective date of this chapter [effective date is July 1, 1997], the Legislature, the Chief Justice of the Pohnpei Supreme Court and the Public Auditor shall adopt and issue such regulatory and administrative provisions and orders as may be necessary to ensure that their respective civil service systems are modified where necessary so that they conform in substance to the changes to the Public Service System of the executive branch effectuated by 9 PC 2-118 through 9 PC 2-130.

Source: S.L. No. 4L-25-96 §7, 7/1/97

 

9 PC 3-104.  Exempt positions. Commencing on the effective date of this chapter [July 1, 1997], employees of the Pohnpei Government who are exempted from the Public Service System of the executive branch or similar civil service systems of the Legislature, the Judiciary, and the Office of the Public Auditor, and whose compensation is not otherwise provided for in the amendments to the laws of this state as provided in this chapter, may only be compensated at regular intervals commensurate with the regular pay periods of the government at that percentage of compensation for the period of time covered in the pay period that such exempted employee was otherwise entitled to immediately preceding the effective date of this chapter, or as may hereafter be provided by contract or other arrangement, which percentage is prescribed in the Comprehensive Budget Act for that fiscal year for the calculation of the compensation of officers and employees of the government for the same pay period.

Source: S.L. No. 4L-25-96 §14, 7/1/97; S.L. No. 4L-29-97 §5, 3/30/97

Note: S.L. No. 4L-25-96 §15 appropriation provision has been omitted.

 

9 PC 3-105.  Compensation restructuring leave. In addition to such leaves of absence as are regularly accorded the officers and employees of the Pohnpei Government, each officer and employee of the government whose compensation is reduced pursuant to this chapter shall be entitled to one hour of compensatory restructuring leave for each one percentage point of reduction in his regular salary for each pay period that said officer or employee shall serve at a reduced level of compensation as prescribed in the Comprehensive Budget Act for that fiscal year. Computation, accrual and use of compensation restructuring leave shall be subject to the following conditions:

(1) The computation and accrual of compensatory restructuring leave authorized by this section shall not exceed 16 hours per officer or employee per pay period, notwithstanding the fact that the percentage of reduction appearing in the Comprehensive Budget Act may exceed 16 percentage points of reduction in salary;

(2) Part-time employees shall accrue compensation restructuring leave at a rate that is proportionate to their service in relation to the service of full-time employees to the full rate of accrual;

(3) The officer’s or employee’s supervisor, following consultations with his superiors and those officers and employees under his supervision, shall prescribe a regular schedule for the use of compensation restructuring leave, which schedule may be modified by the supervisor from time to time;

(4) Unless a request for the use of compensation restructuring leave is unreasonably denied by the government, no officer or employee may carry over more than 40 hours of said leave to the next fiscal year; and

(5) A supervisor, upon a finding that there is not sufficient manpower to perform the services required and with the approval of the chief executive of the respective branch or office (or the chief executive’s designee as authorized in writing), may require specified employees under his supervision to work during times set aside for the use of compensation restructuring leave for which additional compensation shall be made in lieu of the provision of said leave at the regular level of compensation as prescribed by the Comprehensive Budget Act for that fiscal year.

Source: S.L. No. 4L-25-96 §15A, 7/1/97

Note: §15A was inserted by S.L. No. 4L-29-97 §6, 3/30/97.

 

9 PC 3-106.  Members of the workforce distinguished. For purposes of this chapter, the following terms shall have the following meanings:

(1) “Employee” or “employees” as used in this chapter means every person employed by the state government who is not an officer as defined by Subsection (1) of this section. The term “employee” includes all such members of the workforce whether they are employed under a separate personal services contract, a grant agreement or a general employment action, and whether they serve under the public service system of the respective branch or are exempt therefrom. The term “employee” does not include persons working for an independent contractor performing services privatized by the state government or a public corporation of the state which maintains a separate personnel system as authorized by state law.

(2) “Grant employee” or “grant employees” means employees of the state government whose definition of work and primary compensation come from sources outside of the state government pursuant to one or more grant agreements. For purposes of this subsection, monies coming to the state government under the financing provisions of the Compact of Free Association shall be deemed to be internal monies of the state and not emanating from a source outside of the state.

(3) “Officer” or “officers” shall mean every person who holds a position listed in or otherwise covered by 9 PC 4-102. The term “officer” as used in this chapter is distinguished from and separate from the term “employee.”

Source: S.L. No. 4L-25-96 §15B, 7/1/97

Note: §15B was inserted by S.L. No. 4L-101-99 §1, 3/16/99.

 

9 PC 3-107.  Use of grant funds restricted. In order to ensure full compliance with the service expectations of outside grants awarded to the state of Pohnpei, funds received by any agency of the state government under a grant agreement with any entity, not part of the state government, that are budgeted for, or otherwise allocated to, the payment of personnel expenses of the grant employees currently employed under that program, may not be reprogrammed or reallocated by any state officer or employee to any other use by reason of the salary reductions required by this chapter. Such funds so affected shall be reserved for and directed to the compensation of the class of grant employees for which the funds were originally budgeted for work performed by said employees during times normally set aside for compensation restructuring leave as authorized by 9 PC 3-105. Any management official found to have knowingly and willfully diverted grant monies to non-personnel uses in violation of the terms of this section shall be personally liable to the state government for the loss or diversion of said funds.

Source: S.L. No. 4L-25-96 §15C, 7/1/97

Note: §15C was inserted by S.L. No. 4L-101-99 §1, 3/16/99.

 

 

 

 

CHAPTER 4

COMPENSATION

 

 

Section

Subchapter I  Government Officers’ Salary Schedule

4-101  Short title

4-102  Salaries for Pohnpei Government officers

4-103  Existing employment contract

4-103A.  Suspension of compensation

 

SUBCHAPTER II  GOVERNMENT EMPLOYEES’ SALARY SCHEDULE

4-104  Short title

4-105  Purpose

4-106  Definitions

4-107  Base salary computation table

4-108  Compensation of salaried employees

4-109  Implementation of the salary plan

 

Subchapter III  Seamen’s Salary Schedule

4-110  Base salary schedule of seamen

4-111  Compensation calculation

4-112  Authorization for appropriation

 

 

subChapter I  Government Officers’ Salary Schedule

 

 

9 PC 4-101.  Short title. This subchapter is known and may be cited as the “Pohnpei State Government Officers’ Salary Act of 1984.”

Source: S.L. No. 3L-30-84 §1, 4/1/86

 

9 PC 4-102.  Salaries for Pohnpei Government officers. The following table of base salary computations is hereby adopted to provide for the basis upon which the base salaries of the officers filling the positions listed in the following subsections of this section shall be calculated.  The actual salary to be paid to each officer so listed shall be based upon the percentage stipulated in the annual Comprehensive Budget Act (but not greater than one hundred percent (100%)) to be applied against the figures appearing in the table of base salary computations as set forth in this section and attributable to that position, subject to such adjustments as may be attributable by law to such base salary computation.  The salary of each officer so calculated shall be payable in equal biweekly payments, unless otherwise provided by this section:

(1) Executive branch:

(a) Governor – $30,000;

(b) Lieutenant Governor – $25,000;

(c) Department Directors – $23,000;

(d) Administrators of executive offices – $18,000 – $21,000; and

(e) Attorney General – $23,000; PROVIDED, HOWEVER, that the Attorney General may receive one of the following premiums:

(i) A salary premium of one hundred percent (100%) of the base salary who has achieved advanced professional capabilities through obtaining a Juris Doctorate, (J.D.), following graduation from a four year accredited college or university and thereafter graduation from a three year accredited law school and who has been certified as a fully qualified practitioner of law by the FSM Supreme Court or by an appropriate professional association within the United States of America or such association within another country determined by the Governor to require professional standards substantially equivalent to or higher than the relevant association within the United States;

(ii) A salary premium of fifty percent (50%) of the base salary who has achieved professional capabilities following graduation from an accredited college or university with a Bachelor of Science (B.S.) or Bachelor of Art (B.A.) Degree and who has been certified as a fully qualified practitioner of law by the FSM Supreme Court; or

(iii) A salary premium of twenty-five percent (25%) of the base salary who has achieved professional capabilities following graduation from an accredited community college or more advanced educational institution with an Associate Degree or has successfully completed the College of Micronesia-FSM Trial Counselor Certificate Program Standard or met the Experience and Competency Standard of the FSM Supreme Court Rules for Admission to Practice and who has been certified as a fully qualified practitioner of law by the FSM Supreme Court.

(2) Judiciary:

(a) Pohnpei Supreme Court:

(i) Chief Justice – $25,000; PROVIDED, HOWEVER, that the Chief Justice may receive one of the following salary premiums:

(aa) A salary premium of one hundred percent (100%) of the base salary who has achieved advanced professional capabilities through obtaining a Juris Doctorate, (J.D.), following graduation from a four year accredited college or university and thereafter graduation from a three year accredited law school and who has been certified as a fully qualified practitioner of law by the FSM Supreme Court or by an appropriate professional association within the United States of America or such association within another country determined by the Governor to require professional standards substantially equivalent to or higher than the relevant association within the United States;

(bb) A salary premium of fifty percent (50%) of the base salary who has achieved professional capabilities following graduation from an accredited college or university with a Bachelor of Science (B.S.) or Bachelor of Art (B.A.) Degree and who has been certified as a fully qualified practitioner of law by the FSM Supreme Court;

(cc) A salary premium of twenty-five percent (25%) of the base salary who has achieved professional capabilities following graduation from an accredited community college or more advanced educational institution with an Associate Degree or has successfully completed the College of Micronesia-FSM Trial Counselor Certificate Program Standard or met the Experience and Competency Standard of the FSM Supreme Court Rules for Admission to Practice and who has been certified as a fully qualified practitioner of law by the FSM Supreme Court;

(dd) A salary premium of twenty-five percent (25%) of the base salary for any sitting Chief Justice who possesses, not less than twelve (12) years on the bench of the highest Court of the National Government and/or of an FSM state government; or

(ee) A salary premium of fifty percent (50%) of the base salary for any Justice who possesses, not less than twenty-four (24) years on the bench of the Pohnpei Supreme Court.

(ii) Associate Justices – $23,000; PROVIDED, HOWEVER, that an Associate Justice may receive one of the following salary premiums:

(aa) A salary premium of one hundred percent (100%) of the base salary who has achieved advanced professional capabilities through obtaining a Juris Doctorate, (J.D.), following graduation from a four year accredited college or university and thereafter graduation from a three year accredited law school and who has been certified as a fully qualified practitioner of law by the FSM Supreme Court or by an appropriate professional association within the United States of America or such association within another country determined by the Governor to require professional standards substantially equivalent to or higher than the relevant association within the United States;

(bb) A salary premium of fifty percent (50%) of the base salary who has achieved professional capabilities following graduation from an accredited college or university with a Bachelor of Science (B.S.) or Bachelor of Art (B.A.) Degree and who has been certified as a fully qualified practitioner of law by the FSM Supreme Court;

(cc) A salary premium of twenty-five percent (25%) of the base salary who has achieved professional capabilities following graduation from an accredited community college or more advanced educational institution with an Associate Degree or has successfully completed the College of Micronesia-FSM Trial Counselor Certificate Program Standard or met the Experience and Competency Standard of the FSM Supreme Court Rules for Admission to Practice and who has been certified as a fully qualified practitioner of law by the FSM Supreme Court;

(dd) A salary premium of twenty-five percent (25%) of the base salary for any sitting Justice who possesses, not less than twelve (12) years on the bench of the highest Court of the National Government and/or of an FSM state government; or

(ee) A salary premium of fifty percent (50%) of the based salary for any Justice who possess, not less than twenty-four (24) years on the bench of the Pohnpei Supreme Court.

(iii) Alternate Resident Justices while engaged in the business of the court – $80 per day;  and

(iv) Alternate non-resident justices while engaged in the business of the court – $100 per hour for each hour of service authorized by the Chief Justice of the Pohnpei Supreme Court.

(b) Court of Land Tenure:

(i) Principal Judge – $19,000;

(ii) Judges – $17,000;

(c) Court of Traffic and Misdemeanor Offenses - [RESERVED].

(3) Legislature:  All members of the Legislature – $25,000.

(4) Chief executive officers of Pohnpei authorities and commissions who are subject to advice and consent of the Legislature pursuant to the Uniform Appointments and Tenure Act, Chapter 1, as amended or superseded by Pohnpei law – $23,000.

(5) Members of boards, commissions, councils, and other policy-making entities for which compensation is provided by reference to this subchapter, $20 for each day or portion thereof the member shall attend a formally convened session of such board, commission, council or other policy-making entity.

(6) Pohnpei Public Auditor – $23,000.

Source: S.L. No. 3L-30-84 §2, 4/1/86; S.L. No. 1L-71-86 §3-1, 4/1/86; S.L. No. 3L-11-92 §1, 6/30/93; S.L. No. 3L-17-92 §1, 10/1/92; S.L. No. 3L-99-95 §19-3, 7/20/95; S.L. No. 4L-02-96 §1, 1/22/96; S.L. No. 4L-25-96 §3, 7/1/97; S.L. No. 5L-14-00 §3-3, 10/1/00; S.L. No. 9L-83-18 §1, 1/01/19

 

9 PC 4-103.  Existing employment contract. This subchapter shall not impair, change, increase or decrease the obligations of any existing employment contract to which the state government is or becomes a party to or is the beneficiary thereof. Every position to be filled after the effective date of this subchapter [August 7, 1984] by initial contractual appointment or renewal shall provide for compensation as specified in this subchapter.

Source: S.L. No. 3L-30-84 §5, 8/7/84

 

9 PC 4-103A.  Suspension of compensation. In the event that an officer whose compensation is specified in 9 PC 4-102 is absent from his elected or appointed office for a period in excess of 60 consecutive calendar days following the effective date of this section of the Code for any reason other than for attendance to duties directly related to the office to which he has been elected or appointed, whether or not another person has been officially selected to temporarily serve in his place, the compensation of said official set forth in 9 PC 4-102 shall be suspended until his return to active duty in the position for which he was originally elected or appointed; PROVIDED that the absence for educational or training purposes shall not be deemed to be attendance to duties directly related to the position for which he has been appointed.

Source: S.L. No. 9L-57-17 §3, 12/20/17

Extended legislative history: S.L. No. 3L-30-84 §6(1), 1/13/86 amended PDC §1-8(1)(a); S.L. No. 3L-30-84 §6(2), 1/13/86 amended D.L. No. 4L-159-78 §7, 11/28/78; S.L. No. 1L-71-86 §3-1, 4/1/86 amended S.L. No. 3L-30-84 §2, 4/1/86; S.L. No. 1L-71-86 §3-2, 4/1/86 amended S.L. No. 3L-30-84 §8; S.L. No. 3L-11-92 §1, 10/1/92 amended S.L. No. 3L-30-84 §2, 4/1/86; S.L. No. 3L-11-92 §3, 6/30/92 repealed §§3 & 4 of S.L. No. 3L-30-84 and inserted a new §3; S.L. No. 3L-17-92 §2, 10/1/92 repealed S.L. No. 3L-30-84 §3, 8/7/84; S.L. No. 3L-99-95 §19-3, 7/20/95 amended S.L. No. 3L-30-84 §2.

 

 

subChapter Ii  Government Employees’ Salary Schedule

 

 

9 PC 4-104.  Short title. This subchapter is known and may be cited as the “Pohnpei Government Salary Conversion Act of 1985.”

Source: S.L. No. 1L-71-86 §1-1, 1/1/86

 

9 PC 4-105.  Purpose. The purpose of this subchapter is to convert all officers and employees of the Pohnpei Government to systematic and legislatively defined salary levels and schedules, and to provide for the orderly and timely implementation thereof.

Source: S.L. No. 1L-71-86 §1-2, 1/1/86

 

9 PC 4-106.  Definitions. In this subchapter, unless the content otherwise requires:

(1) “Adjusted base salary’ is the total of base salary plus premium.

(2) “Base salary” is the base salary provided in the base salary schedules established by 9 PC 4-107 and 9 PC 4-102.

(3) “Base salary rate” is synonymous and interchangeable with the term “base salary” and identifies a specific rate of pay for any given pay level and step as contained within the base salary schedule established by 9 PC 4-107 or the specific rate of pay assigned to an officer under 9 PC 4-102.  Furthermore, base salary rate does not include other types of compensation or payments such as premiums, differentials, or overtime, and the like.

(4) “Certified professional engineer, public accountant or architect” means a person who has received a degree in engineering, public accounting or architecture from a recognized college or university and has been accepted by a professional association within the United States of America (or such association of another country determined by the chief executive officer of the respective branch to require professional standards substantially equivalent to or higher than the relevant association within the United States) of engineers, public accountants or architects to be registered as a professional engineer, public accountant or architect in the technical field of expertise, having achieved the requisite degree of training and experience therefor.

(5) “Chief executive officer” means the Speaker of the Legislature in relation to the legislative branch, the Governor in relation to the executive branch, and the Chief Justice in relation to the judiciary branch.

(6) “Employee” means a person holding a position for which there is a defined set of work responsibilities in a department or office of the Pohnpei Government assigned by a competent authority to be performed by one person working in a full or part-time capacity, except for the positions listed in 9 PC 4-102, or listed as exempt in 9 PC 2-109, or its successor in Pohnpei law, and equivalent public service systems for the legislative and judicial branches of the Pohnpei Government.

(7) “Medical officer” and “dental officer” mean a person who is certified to practice medicine or dentistry in Pohnpei, but who does not meet the criteria of 9 PC 4-108(4).

(8) “Officer” means a person holding a position listed in 9 PC 4-102.

(9) “Personnel officer” means that person within the respective branch of the Pohnpei Government principally charged with the classification of employees thereunder.

(10) “Premium” means a percentage of the base salary of a given position’s pay level and step in 9 PC 4-107 or salary level in 9 PC 4-102, which is then added to the base rate to form an employee’s adjusted base pay rate as determined by the chief executive officer of the respective branch for that individual officer or employee.

(11) “Prime contract” means a full-time permanent position under a contract of not more than two years duration of a person initially recruited outside of the geographic boundaries of the Federated States of Micronesia.

Source: S.L. No. 1L-71-86 §1-3, 1/1/86

 

9 PC 4-107. Base salary computation table. The base salary computation table appearing in this section is hereby adopted under the authority of the Public Service System Act, Chapter 2, or its successor in Pohnpei law, and equivalent public service systems of the legislative and judicial branches of the Pohnpei Government and each public corporation and public entity to which this subchapter is made applicable in its enabling legislation, to provide the basis upon which the official biweekly base salary for all employees covered by such systems shall be calculated. The actual salary to be paid to each employee so covered shall be based upon the percentage stipulated in the annual Comprehensive Budget Act to be applied against the figures appearing in the table of base salary computations prescribed hereunder and attributable to that position under the classification schedule of the respective public service system, subject to such adjustments as may be attributable by law to such base salary computation. The biweekly base salary so calculated for each employee shall be based upon an eighty (80) hour biweekly work period, which shall be paid to employees not specifically exempted, in accordance with the respective pay levels assigned to their positions by the personnel officer of the respective branch of government under authority of applicable statutes, regulations, and manuals. The applicable amount set out below shall be paid to each employee who works eighty (80) hours in a pay period. To determine the hourly rate for an employee who works less than eighty (80) hours in a pay period or to determine the hourly rate of applicable differentials, the biweekly base salary shall be divided by eighty (80). Such a procedure shall be used only for these purposes.

 

BASE SALARY COMPUTATION TABLE

 

MINIMUM                                                                                                 MAXIMUM

Level	(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)
1	$160.00	$169.60	$179.79	$191.17	$203.60	$216.32	$230.42	$245.66	$260.06	$275.46
2	$169.60	$179.79	$191.17	$203.60	$216.32	$230.42	$245.66	$260.06	$275.46	$291.94
3	$179.79	$191.17	$203.60	$216.32	$230.42	$245.66	$260.06	$275.46	$291.94	$309.58
4	$191.17	$203.60	$216.32	$230.42	$245.66	$260.06	$275.46	$291.94	$309.58	$328.45
5	$203.60	$216.32	$230.42	$245.66	$260.06	$275.46	$291.94	$309.58	$328.45	$348.45
6	$216.32	$230.42	$245.66	$260.06	$275.46	$291.94	$309.58	$328.45	$348.45	$370.24
7	$230.42	$245.66	$260.06	$275.46	$291.94	$309.58	$328.45	$348.45	$370.24	$390.06
8	$245.66	$260.06	$275.46	$291.94	$309.58	$328.45	$348.45	$370.24	$390.06	$411.06
9	$260.06	$275.46	$291.94	$309.58	$328.45	$348.45	$370.24	$390.06	$411.06	$433.33
10	$275.46	$291.94	$309.58	$328.45	$348.45	$370.24	$390.06	$411.06	$433.33	$456.92
11	$291.94	$309.58	$328.45	$348.45	$370.24	$390.06	$411.06	$433.33	$456.92	$481.94
12	$309.58	$328.45	$348.45	$370.24	$390.06	$411.06	$433.33	$456.92	$481.94	$508.46
13	$328.45	$348.45	$370.24	$390.06	$411.06	$433.33	$456.92	$481.94	$508.46	$536.56
14	$348.45	$370.24	$390.06	$411.06	$433.33	$456.92	$481.94	$508.46	$536.56	$566.36
15	$370.24	$390.06	$411.06	$433.33	$456.92	$481.94	$508.46	$536.56	$566.36	$597.94
16	$390.06	$411.06	$433.33	$456.92	$481.94	$508.46	$536.56	$566.36	$597.94	$631.42
17	$411.06	$433.33	$456.92	$481.94	$508.46	$536.56	$566.36	$597.94	$631.42	$666.90
18	$433.33	$456.92	$481.94	$508.46	$536.56	$566.36	$597.94	$631.42	$666.90	$704.51
19	$456.92	$481.94	$508.46	$536.56	$566.36	$597.94	$631.42	$666.90	$704.51	$744.39
20	$481.94	$508.46	$536.56	$566.36	$597.94	$631.42	$666.90	$704.51	$744.39	$786.65
21	$508.46	$536.56	$566.36	$597.94	$631.42	$666.90	$704.51	$744.39	$786.65	$831.45
22	$536.56	$566.36	$597.94	$631.42	$666.90	$704.51	$744.39	$786.65	$831.45	$878.93

Source: S.L. No. 1L-71-86 §2-1, 1/1/86; S.L. No. 3L-16-92 §1, 10/1/92; S.L. No. 4L-25-96 §4, 7/1/97

 

9 PC 4-108.  Compensation of salaried employees.

(1) Except as otherwise provided in this section, all employees, as defined by this subchapter, holding positions in the Pohnpei Government, shall be compensated as provided by the base salary schedule as provided by 9 PC 4-107.

(2) Notwithstanding Subsection (1) of this section, an employee covered under the provisions thereof who is a medical or dental officer, and who is employed in a position having a requirement or preference for such status, shall receive, in addition to the base salary, a premium of up to fifty percent (50%) of the base salary rate for the pay level and step of the position.

(3) Notwithstanding Subsection (1) of this section and except for those qualifying under Subsection (4) of this section, any employee who is a certified professional engineer, public accountant or architect and who is employed in a position having a requirement or preference for such status, shall receive, in addition to the base salary, a premium of up to one hundred percent (100%) of the base salary rate for the pay level and step of the position.

(4) Notwithstanding Subsection (1) of this section, an employee covered under the provisions thereof who has achieved advanced professional capabilities through obtaining an L.L.B. or J.D., a doctorate in medicine or dentistry or an earned doctorate in any other field from an accredited college or university and who has been certified by the appropriate professional association within the United States of America (or such association within another country determined by the chief executive officer of the respective branch to require professional standards substantially equivalent to or higher than the relevant association within the United States), and who is employed in a position having a requirement or preference for such a degree and professional status, shall receive, in addition to the base salary, a premium of up to one hundred percent (100%) of the base salary rate for the pay level and step of the position.

(5) Notwithstanding Subsection (1) of this section, any employee covered under the provisions thereof who is assigned to a permanent position in a duty station to work at locations outside the geographic boundaries or control limits of the Federated States of Micronesia shall receive, in addition to the adjusted base salary, inclusive of such premium he may receive pursuant to the foregoing subsections of this section, a premium of up to one hundred percent (100%) of the adjusted base salary rate for the position.

Source: S.L. No. 1L-71-86 §2-2, 1/1/86

 

9 PC 4-109.  Implementation of the salary plan.

(1) For the purpose of the implementation of the base salary schedule, the former pay levels adopted under Public Law No. 6-65 §4 shall be equated to the pay levels of the base salary schedule established by 9 PC 4-107 as follows:

 

Former Level	New Level	Former Level	New Level
1	1	16	11
2	2	17	11
3	3	18	12
4	3	19	13
5	4	20	14
6	4	21	15
7	5	22	16
8	5	23	17
9	6	24	17
10	6	25	18
11	7	26	19
12	7	27	19
13	8	28	20
14	9	29	21
15	10	30	22

 

(2) The respective personnel officer shall assign to each employee covered by 9 PC4-107 through 9 PC 4-109 a step within the level assigned thereto which represents the amount equal to, or the next highest step to the amount the employee received as base salary under the respective compensation plan in effect immediately prior to the effective date of this subchapter [January 1, 1986].

(3) At the effective date of this subchapter, each employee who is not exempt from this subchapter shall receive his pay in the new salary plan established herein. Except as otherwise provided for in this subchapter, no employee shall receive a reduction in salary upon implementation of the new salary plan.

(4) Nothing in the foregoing is intended to prevent the respective personnel officer, after implementation of the plan, from redesignating the pay level of any class under authority of the respective public service system.

Source: S.L. No. 1L-71-86 §2-3, 1/1/86

Note: S.L. No. 1L-71-86 §3-2 temporary provision has been omitted.

 

 

subChapter III  Seamen’s Salary Schedule

 

 

9 PC 4-110.  Base salary schedule of seamen. Notwithstanding any salary schedule heretofore in force in the state of Pohnpei with respect to seamen employed by the Pohnpei Government, for service on vessels owned or operated by the Pohnpei Government which provide passenger and/or freight services between the main port of Pohnpei and the ports of the outer islands of Pohnpei State, the base salary computation table appearing in this section shall provide the basis upon which the official biweekly base salary for all such seamen shall be calculated. The actual salary to be paid to each seaman so covered shall be based upon the percentage stipulated in the annual Comprehensive Budget Act to be applied against the figures appearing in the table of base salary computations prescribed hereunder and attributable to that position under the terms of this subchapter, subject to such adjustments as may be attributable by law to such base salary computation. The biweekly base salary to be paid to each seaman shall be calculated on the basis of one hundred and twelve (112) hours of service. Such salaries shall be paid in accordance with the respective pay levels and steps assigned to their positions by the Administrator of the Office of Transportation and Infrastructure, in consultation with the Chief of the Division of Personnel, Labor and Manpower Development:

Pohnpei Government Seamen

BASE SALARY COMPUTATION TABLE

 

MINIMUM                                                                                                                   MAXIMUM

Level	(1)	(2)	(3)	(4)	(5)	(6)	(7)
1	$196.00	$207.76	$220.23	$234.44	$248.51	$263.42	$279.23
2	$207.76	$220.23	$234.44	$248.51	$263.42	$279.23	$295.98
3	$220.23	$234.44	$248.51	$263.42	$279.23	$295.98	$313.74
4	$234.44	$248.51	$263.42	$279.23	$295.98	$313.74	$332.56
5	$248.51	$263.42	$279.23	$295.98	$313.74	$332.56	$352.51
6	$263.42	$279.23	$295.98	$313.74	$332.56	$352.51	$373.66
7	$279.23	$295.98	$313.74	$332.56	$352.51	$373.66	$396.08
8	$295.98	$313.74	$332.56	$352.51	$373.66	$396.08	$419.84
9	$313.74	$332.56	$352.51	$373.66	$396.08	$419.84	$445.03
10	$332.56	$352.51	$373.66	$396.08	$419.84	$445.03	$471.73
11	$352.51	$373.66	$396.08	$419.84	$445.03	$471.73	$500.03
12	$373.66	$396.08	$419.84	$445.03	$471.73	$500.03	$530.03
13	$396.08	$419.84	$445.03	$471.73	$500.03	$530.03	$556.53
14	$419.84	$445.03	$471.73	$500.03	$530.03	$556.53	$584.36
15	$445.03	$471.73	$500.03	$530.03	$556.53	$584.36	$613.58
16	$471.73	$500.03	$530.03	$556.53	$584.36	$613.58	$644.26
17	$500.03	$530.03	$556.53	$584.36	$613.58	$644.26	$676.47

Source: S.L. No. 3L-75-94 §1, 10/1/94; S.L. No. 4L-25-96 §5, 7/1/97; S.L. No. 5L-14-00 §3-46, 10/1/00

 

9 PC 4-111.  Compensation calculation. Compensation of individual seamen under the salary schedule specified above shall be calculated and prorated on an hourly basis pursuant to applicable laws regulating hours, leave time, and terms of employment of seamen on such vessels owned or operated by the Pohnpei Government as specified in 9 PC 4-110 and by the terms of each seaman’s shipping articles not inconsistent with said laws.

Source: S.L. No. 3L-75-94 §2, 10/1/94

 

9 PC 4-112.  Authorization for appropriation. There is hereby authorized for appropriation from the general fund of Pohnpei such sums as may be appropriated annually in the Comprehensive Budget Act for the purpose of paying the salaries of seamen employed by the Pohnpei Government as referred to in 9 PC 4-110.

Source: S.L. No. 3L-75-94 §3, 10/1/94

Note: S.L. No. 3L-75-94 §4 appropriation provision has been omitted.

 

 

 

 

CHAPTER 5

PER DIEM AND REIMBURSABLE EXPENSES

 

 

Section

5-101  Transportation costs and per diem

5-102  Officers’ travel premium

5-103  Travel advancement

 

9 PC 5-101.  Transportation costs and per diem. Officers and employees of the Pohnpei Government, while on travel status on authorized Pohnpei Government business, shall be entitled to actual transportation costs and to per diem at such rates as are provided by the Federated States of Micronesia National Government for its officers and employees in like travel status. The rates so established shall be applied equally to all officers and employees of the three branches of the Pohnpei Government; PROVIDED that the following rates shall apply to all Pohnpei officers and employees while on travel status away from one’s usual place of abode:

(1) Within Pohnpei State:

(a) Outside of Pohnpei Island proper – $20; and

(b) Within Pohnpei Island proper, exclusive of legislators in attendance of Legislature business – $25.

(2) Per diem for travel status at a location for less than a full day shall be computed at the same percentages of the above specified amounts as are used for calculation by the FSM National Government for its employees in like travel status.

Source: S.L. No. 2L-81-81 §1, 7/15/81; S.L. No. 2L-38-88 §1, 9/4/88

 

9 PC 5-102.  Officers’ travel premium. In addition to per diem as provided in 9 PC 5-101, the following state officers shall, in recognition of the added financial burdens of travel and representation inherent in these positions, be entitled to an officer’s travel premium allowance of $20 per day or portion thereof while on authorized travel status outside of Pohnpei State. Said allowance may be paid to accompanying staff upon authorization of the chief officer of the respective branch:

(1) Legislative branch: Legislators.

(2) Executive branch:

(a) Governor and Lieutenant Governor;

(b) Directors of state executive departments and administrators of executive offices; and

(c) Executive heads of state authorities and commissions.

(3) Judicial branch: State judges.

Source: S.L. No. 2L-81-81 §2, 7/15/81; S.L. No. 5L-14-00 §3-58, 10/1/00

Note: S.L. No. 2L-81-81 §3 repealing provision has been omitted.

 

9 PC 5-103.  Travel advancement. Notwithstanding any laws, regulations, directives, proclamations or instructions to the contrary, each Pohnpei officer or employee shall be permitted to receive a travel advancement of up to one hundred percent (100%) of the total entitlement as authorized on his travel authorization; PROVIDED that an employee or Pohnpei officer shall, after filing of all the required travel documents within ten working days after the completion of travel and upon determination by the Department of Treasury and Administration that an amount is owed to the government, promptly remit such payment within a time mutually agreed upon between the employee or officer and the Department of Treasury and Administration; PROVIDED FURTHER that failure by an employee or officer to file the necessary travel documents within the time prescribed herein shall establish a presumption that the employee or officer owes the government the total amount of travel advances accorded him and that he shall remit said amount in the manner prescribed herein; PROVIDED FURTHER that, upon failure to pay within the time allowed, the Department of Treasury and Administration shall deduct the amount due or a reasonable fraction thereof from the employee’s or officer’s biweekly salary until the full amount is paid.

Source: S.L. No. 2L-38-88 §2, 9/4/88

 

 

 

 

CHAPTER 6

PENSION PLAN

[Pending]

 

 

Section

6-101  Short title

6-102  Purpose

6-103  Plan established

6-104  Definitions

6-105  Participation

6-106  Incorporation of the Plan

6-107  Board of Directors

6-108  Management of the Plan

6-109  Compensation

6-110  Term of office

6-111  Vacation of office

6-112  Delegation by the Board

6-113  Procedures

6-114  Disclosure of interests and disqualification for interest

6-115  Indemnification for liability: misconduct in public office

6-116  Bylaws

6-117  Regulations

6-118  Hearings

6-119  Judicial review

6-120  Administrator

6-121  Staff

6-122  Functions of the Plan

6-123  Powers of the Plan

6-124  Bonding

6-125  Travel policy

6-126  Exemption

6-127  Deferred compensation

6-128  Contributions by government

6-129  Contributions by participating employers

6-130  Investment income

6-131  Preliminary appropriation by the Pohnpei Government

6-132  Regular appropriations by the Pohnpei Government

6-133  Timing of payment of deferred compensation and contributions into the fund

6-134  Exclusive property of the Plan

6-135  Distribution of benefits

6-136  Separation from service

6-137  Unforeseen emergency

6-138  Election to commence benefits

6-139  Selection of payment option

6-140  Beneficiaries

6-141  Withholding of taxes

6-142  Benefits not subject to assignment, attachment, garnishment, execution or bankruptcy

6-143  Administrative expenses: other disbursements

6-144  Deferred compensation account

6-145  Profit-sharing account

6-146  Administrative expense account

6-147  Written statements

6-148  Establishment of the fund

6-149  Payments into the fund

6-150  Payments out of the fund

6-151  Financial statements

6-152  Bank accounts

6-153  Investment

6-154  Actuary

6-155  Public Auditor

6-156  False statements and reports

6-157  Mismanagement of fund

6-158  Penalties and interest, attorneys’ fees, and court costs

6-159  Taxation

6-160  Service of process on the Administrator

6-161  Legislative changes

6-162  Effective date

 

 

9 PC 6-101.  Short title. This chapter is known and may be cited as the “Pohnpei Pension Plan Act of 1993.”

Source: S.L. No. 3L-51-93 §1-1, 12/3/93

 

9 PC 6-102.  Purpose. The purpose of this chapter is to establish a Pohnpei pension plan to provide a means whereby employees of the government and private sector may supplement their retirement, disability, and survivor benefits from Social Security.

Source: S.L. No. 3L-51-93 §1-2, 12/3/93

 

9 PC 6-103.  Plan established. The Pohnpei Pension Plan is hereby established as a public corporation under the laws of Pohnpei.

Source: S.L. No. 3L-51-93 §1-3, 12/3/93

 

9 PC 6-104.  Definitions. As used in this chapter, unless the context otherwise requires:

(1) “Accumulated value” means the total value of a participant’s deferred compensation account, profit sharing account, and interest thereon.

(2) “Actuary” means a member in good standing of any society, institute or organization of qualified actuaries recognized by the International Actuarial Association.

(3) “Administrative expense account” means an account that is established within the fund pursuant to 9 PC 6-146 into which all amounts designated for administrative expenses are received and from which all administrative expenses are paid.

(4) “Administrative Procedures Act” means Title 8 Chapter 1, or its successor in state law.

(5) “Administrator” means the Administrator of the Pohnpei Pension Plan appointed under

9 PC 6-120.

(6) “Beneficiary” means a person or persons designated by a participant to receive the participant’s interests in the Plan in the event of the participant’s death, or in the absence of such a designation, the participant’s estate, or any other person, whose rights under the Plan are derived as a result of the participant’s death.

(7) “Board” means the Board of Directors of the Pohnpei Pension Plan established under 9 PC 6-107.

(8) “Compensation” means any salary, wage, bonus, tip, stipend, allowance or fee paid by the government or a participating employer to or on behalf of an employee, but not including:

(a) Payments made in-kind or in any form other than cash;

(b) Payments made as a result of an accident or sickness of the worker (other than sick leave);

(c) Reimbursement of medical or hospitalization expenses; and

(d) Payments made to or on behalf of the worker or his beneficiary from a trust or annuity.

(9) “Custodian” means any person, firm or corporation who is qualified and has assumed the responsibility for the possession of any or all of the fund’s assets pursuant to 9 PC 6-153(2).

(10) “Deferred compensation” means the amounts withheld from the participant’s compensation and credited to the participant’s deferred compensation account.

(11) “Deferred compensation account” means an account that is established for each participant pursuant to 9 PC 6-144 to maintain a record of the participant’s deferred compensation and any credited net income resulting from the investment of that deferred compensation.

(12) “Disability” means the inability to engage in any substantial gainful employment by reason of any medically determinable physical or mental impairment that can be expected to result in death or can be expected to last for a continuous period of not less than 12 months. As soon after the effective date of this chapter [see 9 PC 6-162] as practical, the Board shall adopt rules and regulations that shall provide detailed guidelines for the determination of disability under this chapter.

(13) “Distribution” means a payment from the Plan to a participant for part or all of the balance of one or more of the accounts established for the participant.

(14) “Eligibility service” means the sum of participation service, prior service, and TTPI service.

(15) “Employee” means any natural person who, under the common law rules applicable in determining the employer-employee relationship, has entered into or works under a contract with the government or with a participating employer, in any capacity, excluding that of independent contractor, whether the contract is expressed or implied, oral or written, requiring the personal execution of any work or labor.

(16) “Employment classification” means the classification of participants into groups that determine a participant’s rights under the Plan. The employment classifications are:

 

Employment classification	Employee description
Class 1	Governor, Lt. Governor
Class 2	Members of the Pohnpei Legislature
Class 3	Legislative staff division heads; the Public Auditor; Justices of the Supreme Court and judicial officers whose appointments are subject to the advice and consent of the Legislature; executive officers and department heads whose appointments are subject to the advice and consent of the Legislature, under the Uniform Appointments and Tenure Act, Title 9 Chapter 1 or its successor in state law
Class 4	Police officers and firefighters
Class 5	All other government employees
Class 6	All employees of participating employers

 

(17) “Fiscal year” means the 12-month period commencing on October 1 and concluding on the following September 30.

(18) “Fund” means the Pohnpei Pension Plan fund.

(19) “Government” means the Pohnpei Government, including all public corporations, agencies, and instrumentalities of Pohnpei.

(20) “Investment manager” means any person, firm or corporation who is qualified and has been engaged by the Board to manage some or all of the assets of the fund pursuant to 9 PC 6-153(3).

(21) “Investment consultant” means any person, firm or corporation who is qualified and has been engaged by the Board to provide investment advice pursuant to 9 PC 6-153(4).

(22) “Legislature” means the Pohnpei Legislature.

(23) “Non-vested interest” means that portion of a participant’s profit-sharing account that the participant is not entitled to receive under the Plan.

(24) “Normal retirement” means the earlier of attaining the age of 60 or upon satisfaction of the eligibility requirements in the table below, based upon the participant’s most favorable employment classification:

 

Employment classification	Normal retirement eligibility requirement
Class 1	Completion of term of office
Class 2	Completion of term of office
Class 3	Completion of term of office
Class 4	Attain at least age 50 and complete at least 20 years of eligibility service
Class 5	Attain at least age 55 and complete at least 30 years of eligibility service
Class 6	Attain at least age 60

 

(25) “Participant” means an employee who participates in the Plan pursuant to 9 PC 6-105.

(26) “Participating employer” means any private sector person, self-employed worker, firm, company, partnership, corporation, association, joint venture, religious organization or other entity that employs, or on whose behalf are employed, any employees, and that elects to participate in the Plan pursuant to this chapter and any rules and regulations issued by the Board.

(27) “Participation agreement” means a written agreement between the Plan and a participating employer specifying the terms and conditions under which the participating employer joins the Plan. Participation agreements may include provisions to limit the Plan’s responsibility for collecting contributions and enforcing the participating employer’s or employee’s compliance with the Plan or the participation agreement.

(28) “Participation service” means the period or periods of service as an employee of the government or a participating employer, on or after the effective date of this chapter [see 9 PC 6-162], during which the participant makes deferred compensation payments into the fund pursuant to 9 PC 6-127.

(29) “Plan” means the Pohnpei Pension Plan.

(30) “Prior service” means service as an employee of Pohnpei or Ponape District during the period from May 10, 1979, up to the effective date of this chapter [see 9 PC 6-162].

(31) “Profit-sharing account” means an account established for each participant pursuant to 9 PC 6-145 to maintain a record of contributions made by the government or a participating employer on behalf of the participant and any credited net income resulting from the investment of those contributions.

(32) “Public Auditor” means the Pohnpei Public Auditor, as established by Article 11 §8 of the Pohnpei Constitution and Title 5 Chapter 1, as amended.

(33) “TTPI service” means service rendered prior to the effective date of this chapter [see 9 PC 6-162], excluding prior service, for the government of the Trust Territory of the Pacific Islands, and for the government of the United States of America, including any agencies and instrumentalities thereof, provided such service was rendered in the Trust Territory of the Pacific Islands.

(34) “Unforeseen emergency” means severe financial hardship to the participant resulting from a sudden or unexpected illness or accident of the participant or a participant’s dependent, loss of the participant’s property due to a casualty or similar extraordinary and unforeseen circumstances beyond the control of the participant.

(35) “Vested interest” means that portion of a participant’s profit-sharing account to which the participant has a right to receive under the provisions of the Plan.

Source: S.L. No. 3L-51-93 §1-4, 12/3/93

 

9 PC 6-105.  Participation.

(1) All employees of the government, including employees of all public corporations, agencies, and instrumentalities of the government, employed by Pohnpei, are mandatory participants of the Plan.

(2) All employees of participating employers are mandatory participants of the Plan.

(3) All participants of the Plan shall defer compensation, receive contributions, and otherwise participate in the Plan in accordance with their employment classification.

(4) The Board shall determine the employment classification for all participants of the Plan.

Source: S.L. No. 3L-51-93 §1-5, 12/3/93

 

9 PC 6-106.  Incorporation of the Plan.

(1) The Plan:

(a) Is a corporation;

(b) Has perpetual succession;

(c) May have a seal;

(d) May enter into contracts;

(e) May acquire, hold, charge, and dispose of property;

(f) May sue and be sued in its corporate name; and

(g) For the purposes of its functions, has all the powers, functions, duties, and responsibilities of a corporation.

(2) The Financial Organization and Management Act, Title 11 Chapter 2, as amended, and the Government Liability Act, Title 58 Chapter 2, do not apply to or in relation to the Plan.

Source: S.L. No. 3L-51-93 §2-1, 12/3/93

 

9 PC 6-107.  Board of Directors.

(1) There shall be a Board of Directors of the Plan.

(2) The Board shall consist of five members appointed by the Governor with the advice and consent of the Legislature.

(3) The Board shall be known as the “Board of the Pohnpei Pension Plan.”

Source: S.L. No. 3L-51-93 §2-2, 12/3/93

 

9 PC 6-108.  Management of the Plan.

(1) Subject to this chapter, the business of the Plan shall be controlled and managed by the Board.

(2) The Board has and may exercise and perform all the powers and functions of the Plan under this chapter or any other chapter giving the Plan powers or functions.

Source: S.L. No. 3L-51-93 §2-3, 12/3/93

 

9 PC 6-109.  Compensation.

(1) Subject to Subsection (2) of this section, a member of the Board is entitled to be compensated at rates established by the Government Officers’ Salary Act, Chapter 4, as amended or superseded, when actually performing the functions of the Board, at the direction of the Chairman.

(2) Members of the Board who are employees of the Pohnpei Government shall serve without compensation paid by the Plan, but shall continue to receive their regular salaries.

Source: S.L. No. 3L-51-93 §2-4, 12/3/93, S.L. No. 4L-25-96 §9, 7/1/97

 

9 PC 6-110.  Term of office.

(1) Subject to §6-111 and Subsection (2) of this section, the term of office for a member of the Board is three years.

(2) Of the members of the first Board appointed under this chapter, one shall be appointed for a term of one year, two shall be appointed for terms of two years, and two shall be appointed for terms of three years, all as determined by the drawing of lots at the organizational meeting.

(3) A member appointed to fill a vacancy during the term for which his predecessor was appointed shall be appointed for the remainder of that term.

(4) Other than in the event of resignation, a member shall hold office until his successor is appointed and takes office.

(5) A member shall be eligible for reappointment.

Source: S.L. No. 3L-51-93 §2-5, 12/3/93

 

9 PC 6-111.  Vacation of office.

(1) A member of the Board vacates his office:

(a) On death;

(b) Subject to Subsection (2) of this section, if he submits to the Governor his resignation in writing; or

(c) If he is removed in accordance with Subsection (3) of this section.

(2) A resignation under Subsection (1)(b) of this section takes effect when it is received by the Governor, or on such later date as is agreed between the Governor and the member of the Board concerned.

(3) A member of the Board may be removed from office by the Governor for incompetency, neglect of duty, failure to attend three or more consecutive meetings or malfeasance in office.

(4) If a vacancy occurs in the office of a member of the Board, the Governor may appoint a person to fill the vacancy with the advice and consent of the Legislature.

Source: S.L. No. 3L-51-93 §2-6, 12/3/93

 

9 PC 6-112.  Delegation by the Board.

(1) The Board may, by written instrument only, delegate to any person any of its powers and functions except the power to make bylaws in accordance with 9 PC 6-116.

(2) A delegation under this section may be made subject to limitations and conditions.

(3) A delegation under this section is revocable by written instrument at will and no such delegation prevents the exercise or performance of a power or function by the Board.

(4) No delegation under this section shall have the effect of diminishing the responsibility of the Board and of each member for the management of the Plan.

Source: S.L. No. 3L-51-93 §2-7, 12/3/93

 

9 PC 6-113.  Procedures.

(1) Subject to this chapter and to the bylaws made in accordance with 9 PC 6-116, the Board shall determine its own procedures.

(2) Without limiting the generality of Subsection (1) of this section, the Board shall have the authority to establish procedures, provided that they are consistent with 9 PC 6-118 and 9 PC 6-119.

Source: S.L. No. 3L-51-93 §2-8, 12/3/93

 

9 PC 6-114.  Disclosure of interests and disqualification for interest.

(1) If a member of the Board has a personal interest, whether pecuniary or familial, in the subject matter of any question before a meeting of the Board:

(a) He shall disclose his interest at the meeting; and

(b) He shall take no part in the deliberations, except as directed by the Board, or in the decision of the Board on the question.

(2) A disclosure under Subsection (1) of this section shall be recorded in the minutes.

(3) Unless the Legislature directs otherwise, failure to comply with the requirements of Subsections (1) and (2) of this section will invalidate any proceedings of the Board in which a member has a personal, pecuniary or familial interest in the subject matter in question before a meeting of the Board.

Source: S.L. No. 3L-51-93 §2-9, 12/3/93

 

9 PC 6-115.  Indemnification for liability: misconduct in public office.

(1) Board members and employees of the Board shall be immune from liability for acts or omissions with respect to service for the Plan to the same extent as directing boards and employees of the Pohnpei Government are immune from such liability. Board members or employees of the Board shall not be held liable for any decisions made in the good faith, non-malicious fulfillment of their duties.

(2) In no event shall the immunity granted in Subsection (1) of this section be construed to absolve a Board member or employee of the Board of liability for willful misconduct. A Board member’s failure to comply with 9 PC 6-114 shall constitute willful misconduct.

Source: S.L. No. 3L-51-93 §2-10, 12/3/93

 

9 PC 6-116.  Bylaws.

(1) Subject to and consistent with this chapter, the Board shall adopt, amend or repeal such bylaws as are necessary to provide for the management of the business of the Plan, including the organization, meetings, and procedures of the Board, the duties of officers and employees, and the preparation and submission of required reports.

(2) Within 45 days after Legislature approval of all five members of the Board, the Board shall hold an organizational meeting at which:

(a) The members of the Board shall elect a Chairman and Vice-Chairman; and

(b) The members of the Board shall draw lots to determine the duration of their respective terms, in accordance with the requirements of Subsection (2) of 9 PC 6-110.

(3) Within 90 days after the organizational meeting, the Board shall meet and adopt bylaws.

(4) The bylaws shall provide that:

(a) The Chairman shall convene and preside over the meetings of the Board and shall perform such other duties as are prescribed by the bylaws or assigned by the Board;

(b) The Vice-Chairman shall, in the absence of the Chairman, perform the duties of the Chairman;

(c) The Chairman and Vice-Chairman shall serve for a term of one year and shall not be eligible for consecutive one-year terms in each capacity;

(d) Regular meetings of the Board shall be held quarterly at such times, at such places, and upon such notice as shall be provided in the bylaws;

(e) Special meetings of the Board shall be called by the Chairman or any three Board members at such places and upon such notice as provided in the bylaws;

(f) All meetings of the Board shall be open to the public; PROVIDED, HOWEVER, that the Board may, during any meeting, by a majority vote of its members present, call for an executive session that will be closed to the public;

(g) Members of the Board or of any committee of the Board may participate in and act only at any meeting of the Board;

(h) Full and accurate minutes of the Board meetings shall be kept in a manner prescribed in the bylaws;

(i) Three members of the Board shall constitute a quorum for the transaction of business, and the concurrence of three members of the Board shall constitute official action of the Board; and

(j) The Board may provide for dealing with any other matters relating to the Board and the operation of the Plan that the Board believes appropriate.

Source: S.L. No. 3L-51-93 §2-11, 12/3/93

 

9 PC 6-117.  Regulations. The Board shall adopt, amend or repeal regulations for the administration of the Plan pursuant to the procedures set forth in the Administrative Procedures Act, Title 8 Chapter 1, as amended or superseded.

Source: S.L. No. 3L-51-93 §2-12, 12/3/93

 

9 PC 6-118.  Hearings.

(1) Any person aggrieved by the action of the Board, or by the Administrator as the representative of the Board, is entitled to a hearing before the Board. Hearings shall be initiated by the submission of a petition by the aggrieved party or his legal representative to the Administrator.

(2) All parties and all persons who have an interest in the controversy who are known to the Administrator and any person requesting individual notice shall be entitled to personal notice of all hearings. Persons entitled to notice of a hearing shall be timely informed of:

(a) The time, place, and nature of the hearing;

(b) The legal authority and jurisdiction under which the hearing is to be held;

(c) The particular sections of the statutes and regulations involved; and

(d) The issues presented.

(3) If the Administrator is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter, upon application, a more definitive and detailed statement shall be furnished.

(4) Unless precluded by law, disposition without a hearing may be made of any contested matter by stipulation, agreed settlement, consent, order or default.

(5) The hearing shall be held within 30 calendar days after the submission of the petition, unless the petitioner requests a delay. At the hearing, the petitioner and any other persons as the Board shall permit shall have the right to be heard, to present evidence, to confront all adverse witnesses, and to be represented by counsel of his own choosing.

(6) At the hearing, technical rules of evidence shall not apply. At the discretion of the Board, evidence may be taken stenographically or by recording machine. The Board is authorized to issue subpoenas for witnesses and tangible evidence at the request of any party or on its own motion. Hearings shall be public except when the petitioner requests a closed hearing.

(7) Within 15 days after the conclusion of a hearing, the Board shall prepare a full written statement of the Board’s findings of fact and decision. The Administrator shall forthwith transmit the findings of fact and decision to all parties. Except as provided in 9 PC 6-119, the decision of the Board shall constitute final disposition of the action.

(8) The Board may:

(a) Administer oaths and affirmations;

(b) Rule on the admissibility of evidence;

(c) Take depositions or have depositions taken when the ends of justice would be served;

(d) Regulate the course of the hearing;

(e) Hold conferences for the settlement or simplification of the issues by consent of the parties;

(f) Dispose of procedural requests or similar matters;

(g) Make or recommend orders or decisions in accordance with this chapter; and

(h) Take such other action as would serve the ends of justice.

(9) Except to the extent required for the disposition of ex-parte matters as authorized by law, the Board may not consult a person or party or representative of a person or party on a fact in issue unless notice and opportunity are given to allow all parties to participate.

(10) The Board may:

(a) Communicate with the Administrator or other participants of the Plan, except as limited by Subsection (9) of this section; and

(b) Have the aid and advice of one or more personal assistants, and of the Attorney General and his staff if such assistance would not be in violation of Subsection (9) of this section. Such assistants shall be constrained in the same manner as the Board as provided in Subsections (9) and (10) of this section.

(11) Any oral or documentary evidence may be received, but the Board, as a matter of policy, shall provide for the exclusion of irrelevant, immaterial, unreliable or unduly repetitious evidence. Findings of fact shall be based exclusively on the evidence and on matters officially noticed. A sanction may not be imposed or order or decision issued except on consideration of the whole record supported by and in accordance with substantial evidence. A party is entitled to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts.

Source: S.L. No. 3L-51-93 §2-13, 12/3/93

 

9 PC 6-119.  Judicial review.

(1) This section applies, according to the provisions hereof, except to the extent that statutes enacted by the Legislature explicitly limit judicial review.

(2) A person adversely affected or aggrieved by an action of the Board is entitled to judicial review in the Pohnpei Supreme Court. The Supreme Court shall conduct a de novo trial of the matter and may receive in evidence any or all of the record from the hearing before the Board, held pursuant to 9 PC 6-118, that is stipulated to by the parties.

(3) To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law and fact, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of a Board action. The reviewing court shall:

(a) Compel Board action unlawfully withheld or unreasonably denied; and

(b) Hold unlawful and set aside Board actions and decisions found to be:

(i) Arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law;

(ii) Contrary to constitutional right, power, privilege or immunity;

(iii) In excess of statutory jurisdiction, authority or limitations, or a denial of legal rights;

(iv) Without substantial compliance with the procedures required by law; or

(v) Unwarranted by the facts.

(4) An aggrieved party may obtain a review of any final judgment of the reviewing court under this section by appeal to the appellate division of the appropriate court. The appeal shall be taken as in other civil cases, and the judgment be reviewed by considering the finding of the reviewing court in light of whether it was justified by substantial evidence of record.

Source: S.L. No. 3L-51-93 §2-14, 12/3/93

 

9 PC 6-120.  Administrator.

(1) The Board shall appoint an Administrator of the Plan, who, subject to the control of the Board, shall have general supervision, direction, and control of the business, officers, and employees of the Plan, shall have general powers and duties of management usually vested in the top official of a corporation, and shall have other powers and duties as may be prescribed by the Board or the bylaws. Without limiting the generality of the foregoing, the Administrator shall:

(a) Serve as secretary to the Board;

(b) Attend, unless excused by the Board, all meetings of the Board and shall submit reports on the affairs of the Plan as required by the Board;

(c) Keep and maintain all books, records, files, and accounts of the Plan and receive and act on all applications for benefits;

(d) Prepare periodic reports relative to the operation of the Plan and an annual report as of the close of each fiscal year reflecting the results of the financial operations of the Plan and embodying all important financial and statistical data pertinent to its operations;

(e) See that all rules and regulations of the Plan are enforced;

(f) Keep the Board advised on the needs of the Plan and approve demands for payments of obligations within the purposes and amounts authorized by the Board;

(g) Employ administrative, clerical, medical or other personnel necessary for the proper operation of the Plan, and engage actuarial or other professional services to assist in preparation of the annual reports, to advise in matters of policy, and to make periodic actuarial surveys;

(h) At such time and in such manner as the Board may direct, submit to the Board detailed estimates of the budget for the Plan for the next fiscal year. Such estimates shall include:

(i) Audited accounts of the fund for the last fiscal year;

(ii) A statement showing the estimates of income and expenditures for the current fiscal year together with any summaries, schedules, and supporting data that the Administrator may deem necessary; and

(iii) A budget showing the estimated income and expenditures for the next fiscal year; and

(i) Develop, in accordance with professional standards, an accounting procedure for the Plan, said procedure to be established prior to the Board’s resolution that the Plan is organized and prepared to function, as provided in 9 PC 6-127.

(2) The Administrator may, by written instrument, delegate to any employee any of his powers and functions under this chapter, the bylaws or directions from the Board, with any limitations, restrictions or conditions as the Administrator deems necessary. A delegation under this subsection is revocable by written instrument at will and no such delegation prevents the exercise or performance of a power or function by the Administrator.

Source: S.L. No. 3L-51-93 §3-1, 12/3/93

 

9 PC 6-121.  Staff.

(1) Subject to this chapter, the Administrator may, with the concurrence of the Board, employ a deputy administrator and any other employees, attorneys, actuaries, auditors, fund advisors or managers, fund custodians, investment consultants, and other advisors and consultants as the Administrator believes necessary for the performance of the functions of the Plan.

(2) Persons referred to in Subsection (1) of this section shall be employed on such terms and conditions as the Administrator determines consistent with the laws and policies of the Pohnpei Government.

Source: S.L. No. 3L-51-93 §3-2, 12/3/93

 

9 PC 6-122.  Functions of the Plan. The function and duty of the Plan is to maintain and operate for the employees of the Pohnpei Government and participating employers a financially sound deferred compensation and profit-sharing plan to supplement the retirement, disability, and survivor benefits from Social Security.

Source: S.L. No. 3L-51-93 §3-3, 12/3/93

 

9 PC 6-123.  Powers of the Plan.

(1) Subject to this chapter and any other law, the Plan shall have, in addition to any other powers conferred by this chapter and any other law, all powers that are necessary or convenient for carrying out its functions.

(2) Without limiting the generality of Subsection (1) of this section, but subject to this chapter and any other law, the Administrator, or appropriate staff personnel as authorized by 9 PC 6-121, in furtherance of the Plan may:

(a) Transact all business and enter into contracts and other instruments;

(b) Authorize the expenditure and investment of funds;

(c) Accept any gift, grant or bequest of any money or property of any kind for the purposes designated by the grantor, if the purposes are specified as providing cash benefits to some or all of the participants, or, if no such purposes are designated, as income from investment;

(d) Retain, on a fee basis, accountants, actuaries, attorneys, and other advisors and consultants to assist the Plan in the performance of its functions;

(e) Obtain from the Pohnpei Government such information as is necessary for the proper operation of the Plan; and

(f) Maintain a bank overdraft account for the normal operation of the Plan.

Source: S.L. No. 3L-51-93 §3-4, 12/3/93

 

9 PC 6-124.  Bonding. The Plan shall bond its Board members, officers, and employees in such cases and in such amounts as is deemed prudent by the Plan.

Source: S.L. No. 3L-51-93 §3-5, 12/3/93

 

9 PC 6-125.  Travel policy. The Plan shall adopt procedures for compensating its Board members, officers, employees, and agents for travel expenses that are consistent with the law and policies of the Pohnpei Government.

Source: S.L. No. 3L-51-93 §3-6, 12/3/93

 

9 PC 6-126.  Exemption. Officers and employees of the Plan shall be exempt from the Public Service System Act, Title 9 Chapter 2, and compensation of the Pohnpei Government; PROVIDED that within 120 days following its organizational meeting the Board shall provide a complete personnel system for the recruitment, management, and compensation of officers and employees of the Plan.

Source: S.L. No. 3L-51-93 §3-7, 12/3/93

 

9 PC 6-127.  Deferred compensation.

(1) Commencing with the date indicated for the implementation of the Plan in the Executive Order issued pursuant to 9 PC 6-162 with accompanying resolution relative to organization passed by the Board of Directors of the Plan, and for each succeeding pay period, each participant shall have three percent (3%) of his compensation withheld by his employer.

(2) The amount withheld from each participant’s compensation shall be paid into the Fund as provided in 9 PC 6-133 and shall be credited to the participant’s deferred compensation account.

Source: S.L. No. 3L-51-93 §4-1, 12/3/93; S.L. No. 6L-41-05 §2, 7/4/05

 

9 PC 6-128.  Contributions by Government.

(1) The Pohnpei Government shall contribute for all employment classes an amount for the participant’s participating service as determined by this section.

(2) The amount to be contributed by the Pohnpei Government shall be determined based upon the participant’s applicable compensation and the contribution rates from the following table based upon the participant’s employment classification:

 

Employment Classification	Contribution Rate
Class 1	Seven percent (7%)
Class 2	Seven percent (7%)
Class 3	Seven percent (7%)
Class 4	Seven percent (7%)
Class 5	Seven percent (7%)

 

(3) The government contribution for each participant’s participating service shall be determined as the amount of compensation the participant earns multiplied by the appropriate contribution rate from the table in Subsection (2) of this section.

(4) The amount of government contribution for each participant’s participating service shall be paid into the Fund as provided in 9 PC 6-133 and shall be credited into the participant’s profit-sharing account. The government is obligated to contribute the full amount of the government contributions provided for in this section and any such unpaid government contributions shall constitute a liability of the government.

Source: S.L. No. 3L-51-93 §4-2, 12/3/93; S.L. No. 6L-41-05 §3, 7/4/05

 

9 PC 6-129.  Contributions by participating employers.

(1) Each participating employer shall contribute on behalf of each participant who is an employee of that participating employer the amounts, if any, specified in the participation agreement between the Plan and the participating employer.

(2) The amount of participating employer contributions for each participant shall be paid into the fund as provided in 9 PC 6-133 and shall be credited into the participant’s profit-sharing account.

Source: S.L. No. 3L-51-93 §4-3, 12/3/93

 

9 PC 6-130.  Investment income.

(1) All amounts contributed into the fund shall be invested pursuant to 9 PC 6-148 through 9 PC 6-155.

(2) The net investment income of the fund, which is the gross investment income less all investment expenses, shall be determined at the end of each calendar quarter.

(3) Ten percent (10%) of the quarterly net investment income of the fund shall be credited to the administrative expense account and shall be used exclusively for the purpose of meeting the costs of administering the Plan.

(4) The remaining ninety percent (90%) of the quarterly net investment income shall be credited to all deferred compensation accounts and profit-sharing accounts on a pro rata basis based upon the balance in those accounts as of the last day of the calendar quarter.

Source: S.L. No. 3L-51-93 §4-4, 12/3/93

 

9 PC 6-131.  Preliminary appropriation by the Pohnpei Government. Prior to the issuance of the Executive Order pursuant to 9 PC 6-162, the Pohnpei Government is authorized to appropriate such monies from such funds of the Pohnpei Treasury as are deemed necessary to meet the initial organizational and administrative costs of the Board of Directors for the Plan. The preliminary appropriation shall be credited to the Administrative Expense Account and shall remain available until fully expended.

Source: S.L. No. 3L-51-93 §4-5, 12/3/93; S.L. No. 6L-41-05 §4, 7/4/05

 

9 PC 6-132.  Regular appropriations by the Pohnpei Government.

(1) The Plan’s Administrator, on a timely basis, shall submit requests for regular annual appropriations by the Legislature into the fund.

(2) The amount requested by the Plan shall be sufficient to meet necessary administrative expenses and government contributions provided for in 9 PC 6-128.

Source: S.L. No. 3L-51-93 §4-6, 12/3/93

 

9 PC 6-133.  Timing of payment of deferred compensation and contributions into the fund.

(1) No later than the tenth day after the end of each pay period commencing in accordance with 9 PC 6-127(1), the government and all participating employers shall:

(a) Submit to the Administrator a report of the compensation paid each participant and the deferred compensation withheld from each participant; and

(b) Pay into the fund the total deferred compensation withheld.

(2) Appropriations by the government shall be paid into the fund within the tenth day after their lawful appropriation and authorization.

(3) Contributions by each participating employer shall be paid into the fund in accordance with the participation agreement between the Plan and that participating employer.

Source: S.L. No. 3L-51-93 §4-7, 12/3/93

 

9 PC 6-134.  Exclusive property of the Plan. All assets of the fund, including deferred compensation, shall remain the exclusive property of the Plan until paid to or otherwise made available to the participant or his beneficiary pursuant to applicable sections of 9 PC 6-135 through 9 PC 6-143.

Source: S.L. No. 3L-51-93 §4-8, 12/3/93

 

9 PC 6-135.  Distribution of benefits.

(1) Benefits under this Plan shall only be paid or made available to the participant in the event of the participant’s separation from service due to the retirement, disability or termination of employment of the participant or to the participant’s beneficiary in the event of the death of the participant.

(2) Notwithstanding Subsection (1) of this section, benefits under this Plan shall also be made available to the participant in the event of an unforeseen emergency, as defined in this chapter.

Source: S.L. No. 3L-51-93 §5-1, 12/3/93

 

9 PC 6-136.  Separation from service.

(1) A participant who elects to commence benefits as provided in 9 PC 6-135 for separation from service due to retirement or disability shall be entitled to the sum of the full accumulated value of the participant’s deferred compensation account and the participant’s vested interest in the participant’s profit-sharing account.

(2) A participant who elects to commence benefits as provided in 9 PC 6-135 for separation of service due to termination of employment of the participant shall be entitled to the sum of the full accumulated value of the participant’s deferred compensation account and the participant’s vested interest in the participant’s profit-sharing account.

(3) A participant’s vested interest in his profit-sharing account is determined as the full accumulated value of the participant’s profit-sharing account multiplied by the participant’s vesting percentage based on the participant’s completed years of eligibility service as follows:

 

Eligibility Service	Vesting Percentage
under 4 4	0% 40%
5	50%
6	60%
7	70%
8	80%
9	90%
10 or more	100%

 

(4) The non-vested portion of a participant’s profit-sharing account shall be forfeited by the participant who elects to commence benefits, and the forfeited amount shall be transferred into the Administrative Expense Account.

(5) A beneficiary who elects to commence benefits as provided in 9 PC 6-135 for separation of service due to the death of the participant shall be entitled to the sum of the full accumulated value of the participant’s deferred compensation account and profit-sharing account.

(6) A participant or beneficiary entitled to benefits from the Plan as a result of the separation of service of the participant shall select a payment option for the payment of those benefits as provided in 9 PC 6-139.

(7) Commencing with the first full term of elective office following the date specified in the Executive Order issued pursuant to 9 PC 6-162, persons employed in Class 1 or Class 2 who serve a full term shall be credited with four years of participation service, irrespective of whether the actual calculation of days of the term is precisely four years.

Source: S.L. No. 3L-51-93 §5-2, 12/3/93; S.L. No. 6L-41-05 §5, 7/4/05

Note: S.L. No. 6L-41-05 §6 appropriation provision has been omitted.

 

9 PC 6-137.  Unforeseen emergency.

(1) In the event the participant incurs an unforeseen emergency, as defined in 9 PC 6-104(34), the participant may apply to the Board for an emergency withdrawal.

(2) Emergency withdrawals from a participant’s deferred compensation account and profit-sharing account shall be limited to $300 or whatever lesser, fully-accumulated amount exists in the participant’s deferred compensation and profit-sharing account for meeting the funeral expenses of the participant’s parents, spouse, children or full-blood brothers or sisters.

(3) Except as provided for in 9 PC 6-137(2), emergency withdrawals shall only be permitted by the Board to the extent reasonably needed to satisfy the emergency and shall be paid as directed by the Board. An emergency withdrawal shall only be approved to the extent that severe financial hardship cannot be relieved by:

(a) Reimbursement or compensation from sources other than an emergency withdrawal under the Plan; or

(b) Liquidation of the participant’s assets, to the extent that the liquidation of assets would not itself cause severe financial hardship.

(4) Except as provided for in 9 PC 6-137(2), a participant whom the Board determines is eligible for an unforeseen emergency distribution shall be entitled to the fully-accumulated value of the participant’s deferred compensation account.

(5) Except as provided for in 9 PC 6-137(2), a participant entitled to benefits from the Plan as a result of an unforeseen emergency shall select a payment option for the payment of those benefits as provided for in 9 PC 6-139.

Source: S.L. No. 3L-51-93 §5-3, 12/3/93

 

9 PC 6-138.  Election to commence benefits.

(1) Upon separation from service, but not later than 30 days after the close of the calendar year in which the participant separates from service, an irrevocable election may be made to have benefits commence at a fixed future time. The designation shall be made on a distribution request form and filed with the Administrator.

(2) In the absence of an election, benefits shall be paid to the participant or his beneficiary in accordance with rules and regulations to be adopted by the Board.

Source: S.L. No. 3L-51-93 §5-4, 12/3/93

 

9 PC 6-139.  Selection of payment option.

(1) The payment of benefits from the Plan shall be made primarily for the benefit of the participant.

(2) A method for payment of benefits shall be designated on the distribution request form from among the options available as follows:

(a) Fixed payments over a period of time;

(b) Annuity payments for the lifetime of the participant;

(c) Annuity payments for the lifetime of the participant and one or more beneficiaries; or

(d) In the event of benefits paid due to an unforeseen emergency, a lump sum.

(3) Fixed payments and annuity payments shall be made quarterly, commencing on the first day of the quarter following the date the distribution request form is filed with the Administrator and continuing on the first day of each subsequent quarter until the benefits are paid in full.

(4) The maximum quarterly payment shall be the greater of five percent (5%) of the total accumulated amount available to the participant or beneficiary, or $1,000.

(5) The designation of the method of payment of benefits is irrevocable, unless modified at least 30 days prior to the date benefits are to commence.

(6) In the absence of a designation within the prescribed time, benefits shall be paid to the participant or his beneficiary in accordance with rules and regulations to be adopted by the Board.

Source: S.L. No. 3L-51-93 §5-5, 12/3/93

 

9 PC 6-140.  Beneficiaries.

(1) Each participant shall designate a beneficiary or beneficiaries in a manner to be approved by the Board, which beneficiary or beneficiaries shall receive the participant’s benefits in the event of the participant’s death. In the event a beneficiary has not been designated or the designation is ineffective, the participant’s estate shall become the beneficiary. A designation of a beneficiary or beneficiaries shall only be valid until such time as the participant designates a new beneficiary or beneficiaries in a manner approved by the Board.

(2) Upon the participant’s death, a beneficiary shall have all the rights of the participant under the Plan.

Source: S.L. No. 3L-51-93 §5-6, 12/3/93

 

9 PC 6-141.  Withholding of taxes. All payments under the Plan shall be subject to applicable withholding requirements.

Source: S.L. No. 3L-51-93 §5-7, 12/3/93

 

9 PC 6-142.  Benefits not subject to assignment, attachment, garnishment, execution or bankruptcy.

(1) The right to receive any payments under this Plan are non-assignable and non-transferable. Any attempt to assign or transfer shall not be recognized and shall impose no liability upon the Board.

(2) Except as otherwise provided by law, the participant or beneficiary’s rights under this Plan shall not be subject to attachment, garnishment or execution or be transferable by operation of law in the event of bankruptcy or insolvency of the participant or otherwise.

Source: S.L. No. 3L-51-93 §5-8, 12/3/93

 

9 PC 6-143.  Administrative expenses: other disbursements.

(1) Administrative expenses and authorized disbursements other than the payment of benefits shall be made out of the administrative expense account.

(2) The Administrator shall have the continuing authority to authorize the payment of administrative expenses and other disbursements out of the administrative expense account up to an amount as authorized by the Board.

Source: S.L. No. 3L-51-93 §5-9, 12/3/93

 

9 PC 6-144.  Deferred compensation account.

(1) A deferred compensation account shall be maintained for each participant. The maintenance of the account does not give the participant any rights except as provided in this Plan.

(2) Each participant’s account shall be credited with the amount of the participant’s deferred compensation and shall be further adjusted by any increase or decrease resulting from the investments of said participant’s deferred compensation account made under 9 PC 6-148 through 9 PC 6-155, the costs of implementing and administering the Plan, and any withdrawals or payments of benefits.

Source: S.L. No. 3L-51-93 §6-1, 12/3/93

 

9 PC 6-145.  Profit-sharing account.

(1) A profit-sharing account shall be maintained for each participant. The maintenance of the account does not give the participant any rights except as provided in this Plan.

(2) Each participant’s account shall be credited with the amount of the government’s or participating employer’s contributions made on behalf of the participant and shall be further adjusted by any increase or decrease resulting from the investments of said participant’s profit-sharing account made under 9 PC 6-148 through 9 PC 6-155, the costs of implementing and administering the Plan, and any withdrawals or payments of benefits.

Source: S.L. No. 3L-51-93 §6-2, 12/3/93

 

9 PC 6-146.  Administrative expense account.

(1) An administrative expense account shall be maintained for the Plan.

(2) The administrative expense account shall be credited with government appropriations designated for the specific purpose of meeting administrative expenses, with ten percent (10%) of the net investment income of the fund, with forfeitures, and with any other monies contributed into the fund for the purpose of meeting administrative expenses.

(3) All administrative expenses and authorized disbursements other than the payment of benefits shall be made out of the administrative expense account.

Source: S.L. No. 3L-51-93 §6-3, 12/3/93

 

9 PC 6-147.  Written statements. At least once each fiscal year, each participant in the Plan shall be provided with a written report showing the balance in the participant’s deferred compensation account and profit-sharing account, the financial condition of the Plan and any other information as approved by the Board.

Source: S.L. No. 3L-51-93 §6-4, 12/13/93

 

9 PC 6-148.  Establishment of the fund.

(1) The Pohnpei Pension Plan fund is hereby established.

(2) The fund is a fund other than the general fund of Pohnpei, within the meaning and for the purposes of the Financial Organization and Management Act, Title 11 Chapter 2, as amended.

Source: S.L. No. 3L-51-93 §7-1, 12/3/93

 

9 PC 6-149.  Payments into the fund.

(1) There shall be paid into the fund:

(a) Any money appropriated by the Legislature for the purposes of the Plan, either generally or in relation to any particular purpose; and

(b) Any amounts received by the Plan under or for the purposes of this chapter or any other law, including without limitation the following:

(i) Deferred compensation of participants;

(ii) Contributions by government;

(iii) Contributions by participating employers;

(iv) Initial and supplemental appropriations by government;

(v) Penalties and interest;

(vi) Proceeds from the investments of funds; and

(vii) Grants, bequests, devises, contributions, and gifts.

(2) Separate accounts shall be kept within the fund in respect of each particular purpose for which money is appropriated.

Source: S.L. No. 3L-51-93 §7-2, 12/3/93

 

9 PC 6-150.  Payments out of the fund.

(1) Payments may be made out of the fund only for the purposes of the Plan, including without limitation the following:

(a) The payment of benefits;

(b) The costs and expenses of administration of the Plan; and

(c) The costs of administration of this chapter and any other chapter that confers functions on the Plan.

(2) No money may be withdrawn from the fund except as follows:

(a) Pursuant to budgets and procedures approved by the Board consistent with Subsection (3) of this section; and

(b) With the authority of the Administrator who shall satisfy to himself that the withdrawal is made in accordance with this chapter, the bylaws of the Plan, and any other applicable law.

(3) The Board shall submit the budget for the administration of the Plan to the Legislature for approval. Penalties and interest and ten percent (10%) of the investment income of the fund may be used for the administration of the Plan.

(4) There is hereby authorized for appropriation such sums as are deposited into the Pohnpei Pension Plan fund and such sums as are appropriated in the annual Comprehensive Budget Act to be administered, obligated, and expended in accordance with this chapter and without further legislation. A delegation to expend money out of the fund is given to the Administrator.

Source: S.L. No. 3L-51-93 §7-3, 12/3/93

 

9 PC 6-151.  Financial statements.

(1) The Plan shall maintain financial statements in accordance with generally accepted accounting principles for similar entities as such principles are adopted by the Public Auditor for use by the government, for the following:

(a) The fund;

(b) The disposition of money paid out of the fund; and

(c) The property and financial transactions of the Plan, generally.

(2) The Public Auditor shall audit the financial statements of the Plan as soon as practical after the end of each fiscal year.

(3) The Plan shall submit the financial statements of the Plan and the Public Auditor’s report to the Governor and to the Pohnpei Legislature. Said accounts and records shall be made available to the public for inspection.

Source: S.L. No. 3L-51-93 §7-4, 12/3/93

 

9 PC 6-152.  Bank accounts.

(1) The Plan shall open and maintain as few bank accounts as are necessary for the efficient operation of the Plan’s activities.

(2) Separate accounts shall be maintained for the functions of the Plan under this chapter or any other act that confers functions on the Plan.

(3) Subject to 9 PC 6-153, any money, other than petty cash, withdrawn from the fund and not immediately required shall be kept in an account opened under Subsection (1) of this section.

Source: S.L. No. 3L-51-93 §7-5, 12/3/93

 

9 PC 6-153.  Investment.

(1) Investments of fund.

(a) Money in the fund in excess of the requirements for current operations, which shall include an amount sufficient to meet payments immediately due beneficiaries, shall be invested and reinvested by or under the authority of the Plan. The Plan shall invest in a manner to ensure the greatest return commensurate with sound financial policies.

(b) The Board shall have the full power to manage the investments as in its considered judgment seems most appropriate to the requirements and objectives of the Plan, including but not limited to the power to hold, sell, purchase, convey, assign, transfer, dispose of, lease, subdivide or partition any asset held or proceeds thereof; to execute or cause to be executed relevant documents; to enter into protective agreements, executive proxies or grant consents; and to do all other things necessary or appropriate to its positions as an owner and creditor.

(c) All proceeds and income from investments of whatever nature shall be credited to their appropriate fund account or accounts. Transactions in marketable securities shall be carried out at the prevailing market prices.

(d) The Plan may commingle securities and monies, subject to the crediting of receipts and earnings and charging of payments to the appropriate accounts established by this chapter.

(e) No member of the Board, employee of the Plan, nor anyone in the immediate family of such member or employee shall have any direct or indirect interest in the income, gains or profits of any investments made by the Plan, nor shall any such person receive any pay or emolument for services in connection with any investment made by the Plan. Participation in the fund under the terms of this chapter shall not be construed to include interest, pay or emolument within the meaning of this paragraph.

(f) No member, employee or agent of the Plan, nor any person in the immediate family of such member, employee or agent shall become an endorser or surety or in any manner an obligator of investments made by the Plan, nor shall any member, employee or agent be held liable for actions taken in good faith in the performance of his duties.

(g) Investments may be held as physical securities in either bearer form or registered in the name of the Plan or the nominee of the custodian. Non-physical securities may be held on book entry at a depository institution selected by the custodian, or at one of the twelve United States of America Federal Reserve banks.

(h) Due bills may be accepted from brokers against payment for securities purchased, pending delivery within a reasonable period of time, of certificates representing such investments.

(2) Fund custodian.

(a) The Plan shall engage one or more fund custodians to assume responsibility for the physical possession of the Plan’s assets or evidences of assets. The terms of engagement shall require that the custodian submit such reports, accounting, and other information on such forms and at such times as requested by the Plan; hold all assets for the account of the Plan; and act only upon the instructions of the Plan, the investment committee or the investment consultants so authorized by the Plan.

(b) No fund custodian shall be engaged unless it:

            (i) Is a bank or trust company regulated by the United States Federal Reserve Board, a state authority of a state of the United States or the United States Federal Comptroller of the Currency, as is appropriate;

(ii) Has a net worth in excess of $10,000,000;

(iii) Has the capability to clear securities transactions through the United States Depository Trust Company identification system;

(iv) Has at least ten years experience as a custodian of financial assets; and

(v) Has at least $1,000,000,000 in custodial assets.

(c) The contract between the Board and the fund custodian shall be of no specific duration and may be terminated at any time by either party after 30 days notice is given.

(d) The costs of services rendered under this subsection shall be paid out of the fund.

(3) Investment manager.

(a) The Plan may engage one or more investment managers to assume the responsibility and direction for the purchase and sale decisions of all assets or evidences of assets charged to them.

(b) No person, firm or corporation shall be engaged as investment manager unless:

(i) The person, firm or corporation is a registered investment manager with the United States of America Securities and Exchange Commission in accordance with the United States Investment Advisors Act of 1940;

(ii) The principal business of the person, firm or corporation is of rendering investment management supervisory services;

(iii) The person, firm or corporation must have been in business for a minimum of ten full years as an active manager of security portfolios; and

(iv) The person, firm or corporation certifies, in writing, that the assets under his/its direct investment supervision are in excess of $200,000,000.

(c) The Plan, in consultation with the investment consultant, may change, from time to time, the operation arrangements with the investment managers in order to facilitate efficient management and timely investment actions.

(d) The contract between the Plan and the investment managers shall be of no specific duration and may be terminated at any time by either party after 30 days notice is given.

(e) All costs incurred for the services provided under this subsection shall be paid out of the fund.

(4) The investment consultant.

(a) The Plan may engage one or more investment consultants to provide ongoing assistance to the Plan as follows:

(i) The screening, selection, supervision, retention, and termination of the investment managers, the maintenance and updating of the dynamic investment policy, asset allocation decisions, and any other matters involving the investment of the assets that the Administrator may desire;

(ii) Provision of quarterly reports of the performance of the investment managers; and

(iii) Provision of comparisons of the fund’s performance with that of the markets as well as comparisons with other investment managers managing similar types of assets.

(b) The investment consultant is required to make at least one report annually in person.

(c) No investment shall be made unless in the opinion of the investment consultant it is an appropriate investment for the fund and is an authorized investment under this chapter.

(d) The Plan may change, from time to time, the operation arrangements with the investment consultant or consultants in order to facilitate efficient management and timely investment actions.

(e) The contract between the Plan and the investment consultant or consultants shall be of no specific duration and may be terminated at any time by either party after 30 days notice is given.

(f) All costs incurred for the services provided under this subsection shall be paid out of the fund.

(5) Authorized investments. Investments may be of the following types:

(a) Government obligations. Obligations issued or guaranteed as to the principal and interest by the government of the Federated States of Micronesia or any state thereof, or by the government of the United States of America; PROVIDED that the total market value of the investment in obligations guaranteed by the government of the Federated States of Micronesia or any state thereof shall at no time exceed fifty percent (50%) of the total market value of all investments of the Plan; PROVIDED FURTHER that the principal and interest on each obligation are payable in the currency of the United States.

(b) Corporate obligations and mortgage-backed securities. Obligations of any public or private entity or corporation created or existing under the laws of the Federated States of Micronesia or any state thereof, or under the laws of the United States or any state, territory or commonwealth thereof, or obligations of any other government or economic community which are payable in United States dollars, or pass-through and other mortgage-backed securities; PROVIDED that:

(i) The obligation is of an agency of the United States Government; or

(ii) The obligation is rated in one of the four highest categories by two rating agencies nationally recognized in the United States; and

(iii) No investment under this heading exceeds five percent (5%) of the market value of the fund or ten percent (10%) of the outstanding value of the issue at the time of purchase.

(c) Preferred and common stocks. Shares of preferred or common stocks of any corporation created or existing under the laws of the Federated States of Micronesia, under the laws of the United States or any state, territory or commonwealth thereof; PROVIDED that:

(i) The purchase of such shares shall be considered reasonable and prudent by the investment consultant at the time of purchase;

(ii) Not more than fifteen percent (15%) of the market value of the fund would be invested in the stock of any one corporation; and

(iii) Not more than twenty-five percent (25%) of the market value of the fund would be invested in any one industry group.

(d) Insurance company obligations. Contracts and agreements supplemental thereto providing for participating in one or more accounts of a life insurance company authorized to do business in the Federated States of Micronesia and in any state, territory or commonwealth of the United States.

(e) Interest in real property. Interests in improved or productive real property in which, in the informed opinion of the Board and the investment consultant, it is prudent to invest funds of the Plan; PROVIDED that the total market value for these investments at no time shall exceed twenty-five percent (25%) of the total market value of all investments of the Plan. For the purpose of this subsection, “real property” includes any property treated as real property by law, including any improvements thereto. The investments in improved or productive real property may be made directly or through pooled funds, including common or collective trust funds of banks or trusts, or other pooled funds invested on behalf of the Plan by the investment advisors or managers retained by the Board.

(f) Other obligations and securities. Other obligations and securities in which, in the informed opinion of the Board and the investment consultant, it is prudent to invest funds of the Plan, whether or not the securities or stocks are expressly authorized by or qualified under the foregoing paragraphs; PROVIDED that the total market value for the investments under this paragraph shall at no time exceed ten percent (10%) of the total market value of all the investments of the Plan.

Source: S.L. No. 3L-51-93 §7-6, 12/3/93

 

9 PC 6-154.  Actuary.

(1) The Plan, shall, as it deems appropriate and necessary, engage in such terms and conditions as the Plan may deem fit, an actuary to examine and advise the Plan.

(2) The actuary shall make actuarial valuations of the Plan not less frequently than is required by generally accepted accounting principles for similar entities as such principles are adopted by the Public Auditor for use by the Pohnpei Government.

(3) The actuary shall prepare and submit to the Plan a report on the actuarial valuation. The Plan shall, in turn, submit the report to the Governor and the Legislature, along with any recommendations for changes of this chapter.

Source: S.L. No. 3L-51-93 §7-7, 12/3/93

 

9 PC 6-155.  Public Auditor.

(1) The Public Auditor shall audit the accounts and records of the Plan as soon as practical after the end of each fiscal year.

(2) In the event that the Public Auditor, for whatever reason, is unable to audit the accounts and records of the Plan, then the Plan shall have the authority to engage an independent auditor for that purpose.

Source: S.L. No. 3L-51-93 §7-8, 12/3/93

 

9 PC 6-156.  False statements and reports. Any person who knowingly makes a false statement or declaration, or falsifies any report to or record of the Plan in an attempt to defraud the Plan, is guilty of an offense and, upon conviction thereof, is liable to imprisonment for a period of not more than one year or a fine of not more than $2,000, or both such fine and imprisonment.

Source: S.L. No. 3L-51-93 §8-1, 12/3/93

 

9 PC 6-157.  Mismanagement of fund. Any person who has a fiduciary relationship with the fund and who is found to have mismanaged the fund, whether by malfeasance or misfeasance, shall be guilty of an offense and upon conviction thereof is liable to imprisonment for a period not to exceed 15 years or a fine of not more than $100,000, or both such fine and imprisonment.

Source: S.L. No. 3L-51-93 §8-2, 12/3/93

 

9 PC 6-158.  Penalties and interest, attorneys’ fees, and court costs.

(1) If a payment or penalty imposed by this chapter is not paid on or before the date prescribed for such payment or penalty, there shall be collected, in addition to such payments and penalties, interest levied on the unpaid balance of the payments and/or penalties at the rate of twelve percent (12%) per annum from its due date until the date it is fully paid. In the event that the unpaid balance of payments, penalties or interest due under this chapter is referred to an attorney for collection, whether or not suit is brought for the collection thereof, the debtor shall additionally be liable for all reasonable attorneys’ fees and costs of collection, plus court costs.

(2) The amount of any penalties, interest, attorneys’ fees or costs of collection of the delinquent contributions or other amounts due the Plan shall be paid into the fund.

Source: S.L. No. 3L-51-93 §8-3, 12/3/93

 

9 PC 6-159.  Taxation. The fund, income, property, and all transactions of the Plan shall, to the extent allowed by law, be exempt from any taxes or assessments under any law of the Federated States of Micronesia or its subdivisions. Nothing herein shall be deemed to exempt employees and independent contractors of the Plan from applicable tax liability for income received from the Plan.

Source: S.L. No. 3L-51-93 §9-1, 12/3/93

 

9 PC 6-160.  Service of process on the Administrator. Any process or other notice required or permitted by this chapter or any other law to be served upon or given to the Plan, shall be served or given by the delivery of it to the Administrator, who is secretary of the Board.

Source: S.L. No. 3L-51-93 §9-2, 12/3/93

 

9 PC 6-161.  Legislative changes.

(1) Except when originating from the Legislature, all proposed amendments to this chapter concerning participation in the Plan, benefits paid by the Plan, contributions to the Plan, investment of Plan assets or management of the Plan shall be submitted to the Legislature by or through the Governor. Requests for amendments shall include actuarial certifications from the Plan’s actuary indicating the financial impact of the proposed amendment and a recommendation from the Board to support the proposed amendment, oppose the proposed amendment or suggest changes to the proposed amendment.

(2) The Governor may review and comment on requests for amendments originating from the Board, but he may not revise or refuse to submit them.

Source: S.L. No. 3L-51-93 §9-3, 12/3/93

 

9 PC 6-162.  Effective date. This chapter shall take effect upon the approval of the Governor, or upon its becoming law without such approval; PROVIDED, HOWEVER, that no employee shall be deemed a participant of the Pension Plan as prescribed by 9 PC 6-105 and no contributions shall be required of any employee or employer, including the Pohnpei Government, until the Governor, following extensive consultation with the Board of Directors of the Plan, shall issue an Executive Order which shall:

(1) Certify that the Board of Directors of the Plan has organized and is fully capable of implementing the Plan, which certification shall be accompanied by a resolution passed by the Board indicating the same;

(2) Certify that not less than 12 months of government contributions to the Plan have been appropriated into law for the initial 12 months of operation of the Plan;

(3) Indicate the source or sources of financing and forecast the amount of government contributions to the Plan for the next ten fiscal years, inclusive of the designation of such dedicated Treasury funds as the Governor deems appropriate and as he determines to be commensurate with the government’s liability for payment of mandatory government contributions into the Plan as prescribed by 9 PC 6-128(5); and

(4) Declare the date specific that employer and employee contributions under the Plan shall commence.

Source: S.L. No. 3L-51-93 §10-1, 12/3/93; S.L. No. 6L-41-05 §1, 7/4/05

Note: S.L. No. 3L-51-93 §9-4 severability provision has been omitted.

 

 

 

 

CHAPTER 7

[reserved]

 

 

 

 

CHAPTER 8

CODES OF ETHICS

 

 

Section

PART A  GENERAL PROVISIONS

8-101  Short title

8-102  Construction

8-103  Applicability

8-104  Definitions

 

PART B  SPECIFIED STANDARDS FOR PUBLIC OFFICERS

8-105  Reporting of finances

8-106  Gifts

8-107  Reporting of gifts

8-108  Confidential information

8-109  Fair treatment

8-110  Conflicts of interest

8-111  Contracts

8-112  Contracts voidable

8-113  Requirements of disclosure

8-114  Financial reports and disclosure statement files; disposition

8-115  Restrictions on post employment

8-116  Violation

 

PART C  SPECIFIED STANDARDS FOR EMPLOYEES

8-117  Employees’ ethics code

 

PART D  POHNPEI ETHICS COMMISSION

8-118  Pohnpei Ethics Commission established

8-119  Terms of office

8-120  Rules of procedure

8-121  Organization

8-122  Compensation and expenses

8-123  Vacancies

8-124  Staff

8-125  Prohibition from political activity

8-126  Cooperation; meeting place; clerical and administrative assistance

8-127  Finances

8-128  Duties of Commission

8-129  Filing of false charges

8-130  Disciplinary action for violation

 

PART E  CONCLUDING PROVISIONS

8-131  Concurrent jurisdiction

8-132  Other laws and regulations

 

 

part a  general provisions

 

 

9 PC 8-101.  Short title. This chapter is known and may be cited as the “Pohnpei Ethics Act of 2000.”

Source: S.L. No. 5L-11-00 §1-1, 8/1/00

 

9 PC 8-102.  Construction. This chapter shall be liberally construed by the courts of this state to promote the highest standards of ethical conduct within the state government.

Source: S.L. No. 5L-11-00 §1-2, 8/1/00

 

9 PC 8-103.  Applicability. This chapter shall apply to every public officer and employee as defined herein.

Source: S.L. No. 5L-11-00 §1-3, 8/1/00

 

9 PC 8-104.  Definitions. When used in this chapter, unless the context clearly requires otherwise, these key words shall have the indicated meanings

       (1) “Business” includes any corporation, partnership, any sole proprietorship, any trust or foundation or any other individual or organization carrying on any business whether or not operated for profit.

(2) “Compensation” means any money, thing of value or economic benefit conferred on or received by any person subject to this chapter, in return for services rendered or to be rendered by himself or another.

(3) “Controlling interest” means any proprietary or ownership interest in a business or other undertaking.

(4) “Employee” means and includes all persons employed by any agency of the Pohnpei Government as defined by Subsection (13) of this section whether or not such person is employed under or exempted from a public service system of the government, or whether such person is compensated under a salary system prescribed by law or regulation, under a special services contract, under a grant from a non-Pohnpei Government source or provides voluntary services without compensation. The term “employee” includes both full-time and part-time employees and includes employees of public corporations established by state law.

(5) “Financial interest” means an interest held by an individual, his or her spouse or dependent children, which is:

(a) An ownership interest in a business;

(b) A creditor interest in an insolvent business;

(c) An employment or prospective employment for which negotiations have begun;

(d) An ownership interest in personal or real property;

(e) A loan or other debtor interest; or

(f) A directorship or officership in a business.

(6) “Immediate family” means and includes mother, father, spouse, and children, both natural and adopted.

(7) “Judicial officers” includes the Justices of the Pohnpei Supreme Court, whether full or part-time, and judges of the inferior courts of the state, including judges pro tem and referees.

(8) “Legislator” means any duly elected member of the Pohnpei Legislature.

(9) “Official act or official action” means a decision, recommendation, approval, disapproval or other action, including inaction which involves the use of discretionary and non-discretionary authority.

(10) “Official authority” includes administrative, judicial or legislative powers of decision, recommendation, approval, disapproval or other discretionary or non-discretionary action.

(11) “Public office” means an office which is filled by a public officer as defined by Subsection (12) of this section, whether or not service therein entitles the occupant to compensation.

(12) “Public officer” means any officer of the Pohnpei Government who is elected or appointed to fill an elective state office prescribed by the Pohnpei Constitution and any officer that is appointed under the authority of the Pohnpei Constitution or Pohnpei law, which appointment requires the advice and consent of the Legislature, inclusive of policy and regulatory boards, councils, committees, commissions, directory boards of public corporations, and other like bodies. “Public officer” includes persons who are designated to serve in an acting capacity in a public office, notwithstanding the fact that they are neither elected nor have received the advice and consent of the Legislature to serve in said capacity; PROVIDED that for purposes of 9 PC 8-105 and 9 PC 8-107, “public officer” shall not include persons serving in an acting capacity for less than one year.

(13) “State agency” or “agency” shall mean every branch of government, public corporations, all Government of Pohnpei departments, bureaus, and line agencies, autonomous and semi-autonomous agencies, instrumentalities, entities or sub-entities thereof.

Source: S.L. No. 5L-11-00 §1-4, 8/1/00

 

 

 

part b  specified standards for public officers

 

 

9 PC 8-105.  Reporting of finances. Every public officer shall file with the Pohnpei Ethics Commission within 90 days following the effective date of this chapter [effective date is August 1, 2000], and thereafter within 30 days following his or her taking of the oath of office or otherwise becoming a public officer as defined by this chapter, and thereafter on the last working day of February each year, a financial report which shall include:

(1) A listing of all business holdings in which the public officer and his or her immediate family hold a collective total of more than twenty-five percent (25%) of the controlling interest of the business, inclusive of a description of those holdings;

(2) A listing of each directorship and office on the board of directors that the public officer holds in a business;

(3) A listing of all businesses in which the public officer is gainfully employed and from which he or she received at least $1,000 of compensation in the form of wages, profit sharing, and other valuable consideration in the previous calendar year and the total earnings from each such entity during the previous calendar year; and

(4) A listing of all other sources of income, including income from non-governmental organizations and honoraria, amounting to $1,000 or more in the previous calendar year and a description of the amount received from each source.

Source: S.L. No. 5L-11-00 9 PC 2-1, 8/1/00

 

9 PC 8-106.  Gifts. No public officer shall solicit, accept or receive, directly or indirectly, any gift valued singly or in the aggregate from a single source in excess of $500, whether in the form of money, prize, service, loan, travel, entertainment, hospitality, thing or promise or in any other form, when a reasonable person would infer that the gift is intended to influence the public officer in the performance of that individual’s official duties or is intended as a reward for any official action on that individual’s part.

Source: S.L. No. 5L-11-00 §2-2, 8/1/00

 

9 PC 8-107.  Reporting of gifts.

(1) Every public officer shall include in his or her financial report required by 9 PC 8-105, a gifts disclosure statement if all the following conditions are met:

(a) The public officer, or spouse or dependent child of a public officer, received directly or indirectly from any source any gift or gifts valued singly or in the aggregate from a single source in excess of $500, whether the gift is in the form of money, services, goods or in any other form;

(b) The source of the gift or gifts has interests that may be affected by the official action or lack of action by the public officer; and

(c) The gift is not exempted by Subsection (4) of this section from reporting requirements under this section.

(2) The gifts disclosure statement included in the financial report shall cover the period from January 1 of the preceding calendar year through December 31 of the year of the report.

(3) The gifts disclosure statement shall contain the following information:

(a) A description of the gift;

(b) A good faith estimate of the value of the gift;

(c) The date the gift was received; and

(d) The name of the person, business entity or organization from whom, or on behalf of whom, the gift was received.

(4) Excluded from the reporting requirements of this section are the following:

(a) Gifts received by will or intestate succession;

(b) Gifts received by way of distribution of any inter vivos or testamentary trust established by a spouse or ancestor;

(c) Gifts from a spouse, fiancé, fiancée, any relative within three degrees of consanguinity or the spouse, fiancé or fiancée of such a relative. A gift from any such person is a reportable gift if the person is acting as an agent or intermediary for any person not covered by this paragraph;

(d) Political campaign contributions that are not intended to affect specific performance of governmental responsibilities or public interests by the official action or lack of action by the public officer; PROVIDED that this paragraph shall not exempt the public officer from the reporting of campaign contributions as may be otherwise required by state law;

(e) Anything available to or distributed to the public generally without regard to the official status of the recipient;

(f) Gifts that within 30 days after receipt are returned to the giver or delivered to a public body or to a bona fide educational or charitable organization without the donation being claimed as a charitable contribution for tax purposes;

(g) Exchange of approximately equal value on holidays, birthdays or special occasions; and

(h) Gifts received as a part of the customary exchange relative to the privileges and obligations of the traditions of Pohnpei; PROVIDED that the value of the gift is commensurate with the value of such gifts generally exchanged in such instances.

(5) Failure of a public officer to file a gifts disclosure statement as required by this section shall be a violation of this chapter.

Source: S.L. No. 5L-11-00 §2-3, 8/1/00

 

9 PC 8-108.  Confidential information. No public officer shall disclose information which is considered a private document by existing law, and which the public officer acquires in the course of official duties, or use the information for personal gain or for the benefit of someone else.

Source: S.L. No. 5L-11-00 §2-4, 8/1/00

 

9 PC 8-109.  Fair treatment. No public officer shall use or attempt to use an official position to secure or grant unwarranted privileges, exemptions, advantages, contracts or treatment, for himself or herself, a spouse, children or others, including but not limited to the following:

(1) Seeking other employment or contract for services by the use or attempted use of the individual’s office or position;

(2) Accepting, receiving or soliciting compensation for the performance of official duties or responsibilities except as provided by law;

(3) Using government time, equipment or other facilities for private business purposes;

(4) Soliciting, selling or otherwise engaging in a financial transaction with a subordinate or a person or business whom the public officer inspects or supervises in official capacity; and

(5) Nothing herein shall be construed to prohibit a legislator from introducing bills and resolutions, serving on committees or making statements or taking action in the exercise of legislative functions. Every legislator shall file with the Pohnpei Ethics Commission a full and complete public disclosure of the nature and extent of the legislator’s interest on any legislative transaction which primarily affects only the legislator or legislators involved or their spouses and not the community as a whole or a segment thereof. Disclosure must be made at time of introduction of such legislation, or when the legislator shall first have knowledge of such legislation.

Source: S.L. No. 5L-11-00 §2-5, 8/1/00

 

9 PC 8-110.  Conflicts of interest.

(1) No public officer shall take any official action directly affecting:

(a) Business or other undertaking in which the public officer has a financial interest; or

(b) Private undertaking in which the public officer is engaged as legal counsel, advisor, consultant, representative or other agency capacity. A department head who is unable to be disqualified on any matter described in Paragraph (a) or (b) of this subsection may be in violation of this subsection even if the individual has complied with the disclosure requirements of this chapter; and a person whose position on a board, commission or committee is mandated by statute, resolution or executive order to have particular qualifications shall only be prohibited from taking official action that directly and specifically affects a business or undertaking in which such person has a financial interest; PROVIDED that the financial interest is related to the member’s particular qualifications.

(2) No public officer shall acquire financial interests in any business or other undertaking which the public officer has reason to believe may be directly involved in official action to be taken by the public officer.

(3) No public officer shall assist any person or business or act in a representative capacity before any state agency for any compensation in any transaction involving the state.

(4) No public officer shall assist any person or business or act in a representative capacity for a fee or other compensation to secure passage of a bill or to obtain a contract, claim or other transaction or proposal in which the public officer has participated or will participate as a public officer, nor shall the public officer assist any person or business, or act in a representative capacity for a fee or other compensation on such bill, contract, claim or other transaction or proposal before the Legislature or state agency of which the individual is a public officer.

(5) No public officer shall assist any person or business or act in a representative capacity before a state agency for a fee or other compensation, on any bill, contract, claim or other transaction or proposal involving official action by the agency if the public officer has official authority over that agency unless such public officer has complied with the disclosure requirements of this chapter.

(6) Nothing herein shall preclude a public officer from having outside business interests or employment so long as such interests or employment do not interfere with performance of official duties and is not otherwise in direct conflict with this chapter.

Source: S.L. No. 5L-11-00 §2-6, 8/1/00

 

9 PC 8-111.  Contracts.

(1) A state agency shall not enter into any contract with a public officer or with a business in which a public officer has a controlling interest, unless the contract has been awarded through an open, public process. A state agency may, however, enter into such contract without resort to competitive bidding process when, in the opinion of the procurement officer of that branch or entity of government, the property or services does not fall within the purview of competitive bidding; PROVIDED that written justification for the non-competitive award of such contract or combination of related contracts of a cumulative total of $1,000 or more be made a matter of public record and shall be filed with the Pohnpei Ethics Commission at least five working days before such contract is entered into. With regards to members of boards, commissions, and committees, this subsection shall apply only to contracts entered into between a business in which a member has a controlling interest and a state agency in which the board, commission or committee to which the individual is appointed has jurisdiction.

(2) A state agency shall not enter into a contract with any person or business which is represented or assisted in a material manner in the matter by a person who has been a public officer of that agency within the preceding 12 months and who participated while in state office or employment in a material manner in the matter with which the contract is directly concerned.

Source: S.L. No. 5L-11-00 §2-7, 8/1/00

 

9 PC 8-112.  Contracts voidable. In addition to any other penalty provided by law, any contract entered into by the state in violation of Part B of this chapter, is voidable by the state; PROVIDED that in any act to void a contract pursuant to this section, the interests of third parties who may be damaged thereby shall be taken into account, and the action to void the transaction is initiated within 90 days after the determination of a violation under this part.

Source: S.L. No. 5L-11-00 §2-8, 8/1/00

 

9 PC 8-113.  Requirements of disclosure. Failure of a public officer to file a disclosure of financial interests or gifts as required by this chapter shall be a violation of this part.

Source: S.L. No. 5L-11-00 §2-9, 8/1/00

 

9 PC 8-114.  Financial reports and disclosure statement files; disposition.

(1) All financial reports and disclosure statements filed by a public officer shall be maintained by the Pohnpei Ethics Commission during the term of office of the public officer, and for a period of three years thereafter. Upon the expiration of the three-year period, the financial report and disclosure statement and all copies thereof shall be destroyed.

(2) Nothing herein shall bar the Pohnpei Ethics Commission from retaining a financial report or disclosure statement or copy of a financial report or disclosure statement that has become part of a charge, case or advisory opinion request or is part of an ongoing investigation.

Source: S.L. No. 5L-11-00 §2-10, 8/1/00

 

9 PC 8-115.  Restrictions on post employment.

(1) No former public officer shall disclose any information which by law is not available to the public and which the public officer acquired in the course of official duties or use the information for personal gain or the benefit of anyone.

(2) No former public officer shall, within 12 months after termination from employment, assist any person or business, or act in a representative capacity for a fee or other consideration, on matters involving official action by the particular state agency with which the public officer had actually served.

(3) This section shall prohibit any agency from contracting with a former public officer to act on a matter on behalf of the state within the period of limitations stated herein, unless exempted by law.

Source: S.L. No. 5L-11-00 §2-11, 8/1/00

 

9 PC 8-116.  Violation.

(1) Any state action obtained in violation of this part for public officers is voidable in the same manner as voidable contracts as provided for under 9 PC 8-112; and the state may pursue all legal and equitable remedies available to it.

(2) The state may recover any fee, compensation, gift or profit received by such person as a result of a violation of these standards by a public officer or former public officer. Action to recover under this subsection shall be brought within two years of such violation under this part, or of the reasonable discovery of such violation.

Source: S.L. No. 5L-11-00 §2-12, 8/1/00

 

 

PART C  SPECIFIED STANDARDS FOR EMPLOYEES

 

 

9 PC 8-117.  Employees’ ethics code. Within 180 days following the effective date of this chapter [effective date is August 1, 2000], the Pohnpei Ethics Commission established by Part D of this chapter shall study and develop an appropriate code of ethics for the employees of the Pohnpei Government as defined in Subsection (4) of 9 PC 8-104 and shall present to the Governor and the Legislature draft legislation to amend this part to provide for specified standards of ethical conduct for said employees. Said presentation shall also include such draft legislation to amend the Public Service System Act, Title 9 Chapter 2, as amended or superseded by state law, and such other statutes the Commission deems necessary to effectuate the code of ethics for Pohnpei Government employees.

Source: S.L. No. 5L-11-00 §3-1, 8/1/00

 

 

PART  d  POHNPEI ETHICS COMMISSION

 

 

9 PC 8-118. Pohnpei Ethics Commission established. There shall be within the Government of Pohnpei, a commission to be known as the Pohnpei Ethics Commission. The Commission shall consist of five members to be appointed by the Governor with the advice and consent of the Legislature. Each person nominated and serving on the Commission shall be a citizen of Pohnpei. No person who has ever been convicted of a felony shall be eligible to serve on the Commission. Members of the Commission shall not be a public officer as defined herein.

Source: S.L. No. 5L-11-00 §5-1, 8/1/00

 

9 PC 8-119.  Terms of office. The term of office of each member shall be four years, and until their successors are appointed; PROVIDED that of the original members, two shall hold office for two years, two shall hold office for three years, and one shall hold office for four years. The determination of these members’ length of office shall be by lot drawn by the members at their initial meeting. No person shall be appointed consecutively to more than two terms as a member of the Commission.

Source: S.L. No. 5L-11-00 §5-2, 8/1/00

 

9 PC 8-120.  Rules of procedure. The Commission shall determine its own rules of procedure; PROVIDED that:

(1) The Commission shall meet at least once quarterly. Meetings may be held at any time or place as determined by the Commission, or upon the call of the Chairman or upon the written request of any three members. All members of the Commission shall be given reasonable notice of the date, time, and place of each meeting as set forth in the regulations of the Commission. All meetings shall be open to the public except executive sessions as agreed upon by unanimous vote of the members present.

(2) Three members of the Commission shall constitute a quorum for the transaction of business and the assent of three members shall be required for all actions requiring a vote unless a greater majority is required by this chapter or the rules of the Commission. No vacancy in the membership of the Commission shall impair the right of a quorum to exercise all of the rights and perform all of the duties of the Commission.

Source: S.L. No. 5L-11-00 §5-3, 8/1/00

 

9 PC 8-121.  Organization. The Chairman of the Commission and such other officers as the Commission shall deem necessary shall be elected by the majority of the full membership of the Commission, without regard to vacancies.

Source: S.L. No. 5L-11-00 §5-4, 8/1/00

 

9 PC 8-122.  Compensation and expenses. Members of the Commission shall be compensated at the rates established by the Government Officers’ Salary Act, Title 9 Chapter 4 Subchapter I, as amended or superseded by state law, when actually performing functions of the Commission at the direction of the Chairman, except that those members who are Pohnpei Government employees shall instead be granted administrative leave from their regular duties while performing functions of the Commission. All members shall also receive travel expenses and per diem at Pohnpei Government rates when those amounts would be payable to government employees in the same circumstances.

Source: S.L. No. 5L-11-00 §5-5, 8/1/00

 

9 PC 8-123.  Vacancies. Vacancies shall be filled for the remainder of the unexpired term in the same manner as original appointments. The Governor may remove or suspend any member of the Commission for cause, upon the filing of a written finding with the Commission and upon service of a copy of the written findings on the member removed or suspended.

Source: S.L. No. 5L-11-00 §5-6, 8/1/00

 

9 PC 8-124.  Staff. The Commission may employ such persons as it deems necessary for the performance of its functions. The Commission shall submit an annual budget request to the Legislature for its required operations.

Source: S.L. No. 5L-11-00 §5-7, 8/1/00

 

9 PC 8-125.  Prohibition from political activity. Members of the Commission and its staff shall not take an active part in political management or in political campaigns during the term of office or employment.

Source: S.L. No. 5L-11-00 §5-8, 8/1/00

 

9 PC 8-126.  Cooperation; meeting place; clerical and administrative assistance. The Commission may request and shall receive from every state agency cooperation and assistance in the performance of its duties. The Office of the Governor shall designate a meeting place for the Commission and provide clerical and administrative assistance as required by the Commission to perform its duties under this chapter.

Source: S.L. No. 5L-11-00 §5-9, 8/1/00

 

9 PC 8-127.  Finances.

(1) There is hereby authorized from the general fund of Pohnpei such sums as may be appropriated and allocated in the Comprehensive Budget Act for the operational expenses of the Pohnpei Ethics Commission in the performance of its duties as prescribed by this chapter.

(2) All sums appropriated under the authorization of Subsection (1) of this section shall be administered and expended by the Chairman of the Pohnpei Ethics Commission solely for the purposes stated in Subsection (1) of this section.

(3) All sums appropriated under the authorization of Subsection (1) of this section not expended or obligated for expenditure on or before September 30 of the fiscal year for which such sums are appropriated shall revert to the general fund of Pohnpei.

Source: S.L. No. 5L-11-00 §5-10, 8/1/00

 

9 PC 8-128.  Duties of Commission. The Commission shall have the following powers and duties:

(1) It shall organize seminars and instructional programs to guide public officers and educate employees in matters relative to ethics in government.

(2) It shall meet with individual public officers and employees for the purpose of counseling these persons in matters specifically related to their service with government.

(3) It shall prepare written materials and media programs designed to inform the general public of the necessity of ethics in government and the steps that the Commission and other government agencies are undertaking to ensure ethical conduct by public officers and employees of the Pohnpei Government.

(4) It shall enter into discussions and undertake other activities designed to build an awareness of the need for enforceable ethics codes for public officers and employees at other levels of government and international institutions operating within Pohnpei.

(5) It shall prescribe a form for the financial reports and disclosures of gifts required by Part B of this chapter and shall establish an orderly procedure for implementing the requirements of that part.

(6) It shall undertake preliminary investigations and render advisory opinions upon the request of any public officer or employee, or former public officer or employee as to whether the facts and circumstances of a particular case constitutes or will constitute a violation of the code of ethics, and where appropriate refer the matter to the proper authority or authorities for full investigation of the alleged violation of the code.

(7) It shall cause to be published yearly summaries of its advisory opinions. The Commission shall make sufficient deletions in the summaries to prevent disclosing the identity of persons involved in the opinions.

Source: S.L. No. 5L-11-00 §5-11, 8/1/00

 

9 PC 8-129.  Filing of false charges.

(1) Any person who knowingly and intentionally files a false charge with the Commission, or any member of the Commission who initiates action against any public officer, employee or any other person covered by this chapter, knowing such charge to be false, shall be guilty of the crime of perjury and subject to the penalty set forth in 61 PC 10-151, as amended or superseded by state law.

(2) Whoever is convicted in a court of competent jurisdiction of the crime of perjury under this section, in addition to any other punishment prescribed by law thereof, shall be required by court order to reimburse the person against whom the false charge was filed for all of the person’s legal expenses and court costs incurred in relation to that person’s defense against the false complaint.

(3) If such charge is filed within six months prior to an election in which the accused’s name appears on the ballot, the person filing the false complaint shall pay to the accused the amount set out above, and shall also pay an equal amount to the general fund of the Pohnpei Treasury.

(4) This section shall not supersede or preclude any other right or remedy at law available to the person falsely accused.

Source: S.L. No. 5L-11-00 §5-12, 8/1/00

 

9 PC 8-130.  Disciplinary action for violation. In addition to any other powers a state agency may have to discipline public officers and employees, the appropriate agency involved may reprimand, put on probation, demote, suspend or discharge any public officer or employee found to have violated this chapter.

Source: S.L. No. 5L-11-00 §5-13, 8/1/00

 

 

PART  e  CONCLUDING PROVISIONS

 

 

9 PC 8-131.  Concurrent jurisdiction. In addition to any provision contained in this chapter, state agencies may each prescribe further rules of conduct covering its members and may investigate and discipline its public officers and employees for any violation of this chapter, or its own rules or both.

Source: S.L. No. 5L-11-00 §6-1, 8/1/00

 

9 PC 8-132.  Other laws and regulations. This chapter is intended to compliment specific laws and regulations pertaining to the ethical conduct of officers and employees of the Pohnpei Government. No provision contained herein shall be construed to invalidate or supersede any other statute or regulation pertaining to the ethical conduct of officers or employees of the Pohnpei Government. In the event that the provisions of this chapter and the provisions of another statute or regulation shall address the same conduct, the most restrictive provisions shall apply.

Source: S.L. No. 5L-11-00 §6-2, 8/1/00

Note: S.L. No. 5L-11-00 §6-3 severability provision has been omitted.

 

 

 

TITLE 10

ELECTIONS

 

 

CHAPTER

1  GENERAL PROVISIONS

2  ELECTION COMMISSIONER AND BOARD OF ELECTION

3  APPORTIONMENT

4  FRANCHISE AND REGISTRATION

5  CANDIDATES

6  ELECTIONS

7  RECOUNTS AND APPEALS

 

 

 

 

CHAPTER 1

GENERAL PROVISIONS

 

 

Section

1-101  Short title

1-102  Application of title

1-103  Definitions

1-104  Authorization for appropriation; administration

1-105  Realization of revenues

1-106  Election frauds; penalties

1-107  Construction of this title

 

 

10 PC 1-101.  Short title. This title is known and may be cited as the “General Election Law of 1990.”

Source: S.L. No. 2L-158-90 §1, 8/2/90

 

10 PC 1-102.  Application of title.

(1) State elections. Unless otherwise provided, this title shall apply to all elections, recalls, referendums, initiatives, and ratifications conducted for and within the state of Pohnpei.

(2) Federal elections. The Federated States of Micronesia may, by duly enacted law, make this title applicable to federal elections conducted in Pohnpei State; PROVIDED that all expenses incidental thereto shall be borne by the Federated States of Micronesia. In the absence of federal law governing federal elections or any aspect thereof, this title shall apply to all such elections or aspects thereof conducted in this state.

(3) Local elections. Any local jurisdiction of the state may, by charter, constitution or duly enacted ordinance, make this title applicable to local elections conducted in that local jurisdiction; PROVIDED that all aspects of a local government election that is conducted outside of the jurisdictional boundaries of the local jurisdiction shall be governed by this title. Unless provided otherwise by state law, expenses for local elections under this title shall be borne by the local government for which the election is conducted. In absence of local law governing local government elections or any aspect

thereof, this title shall apply to all such elections or the particular aspect thereof.

Source: S.L. No. 2L-158-90 §2, 8/2/90

 

10 PC 1-103.  Definitions. Unless the context clearly indicates otherwise, the following meanings shall apply to this title:

(1) “Election” means all voting by the qualified populace in Pohnpei State conducted or required pursuant to law including: elections for office, recall elections, initiatives, referendums, ratification of constitutional amendments, and plebiscites.

(2) “Election Commissioner” means the person described and designated as the Election Commissioner pursuant to 10 PC 2-101 through 10 Pc 2-105. The phrase “Election Commissioner” shall include persons who may be delegated by the Election Commissioner to exercise or perform the powers and responsibilities of the Election Commissioner as set forth in this title. The term “Election Commissioner” includes a special election commissioner appointed pursuant to Article 13 §7(2) of the Pohnpei Constitution; PROVIDED that such designation shall apply to said appointed official solely for the purposes associated with a recall election pertaining to the recall of a governor or lieutenant governor.

(3) “Election district” means that area for which a candidate is running for office.

(4) “Federal” shall refer to the national government of the Federated States of Micronesia.

(5) “FSM” means the government of the Federated States of Micronesia.

(6) “Legal residence” means the local jurisdiction in which a person registering to vote under this title feels the greatest affiliation or concern for the welfare of its people; PROVIDED that a local jurisdiction may only be designated as his or her legal residence if that person was born in the local jurisdiction, or one of his or her parents was born in the local jurisdiction, or he or she has actually resided in the local jurisdiction for at least one year preceding the date of the next election, or he or she is registered to vote in the local jurisdiction for Pohnpei Legislature elections on the effective date of this title [August 2, 1990]. For purposes of this title, the term “parents” shall mean the adoptive parents when the person has been legally adopted; otherwise it shall mean the person’s natural parents; PROVIDED that an individual may change his legal residence through voter registration or written declaration to the Governor if not so registered to vote, filed not less than 30 days prior to the requested change, to such local jurisdiction for which he is otherwise qualified to vote under the election laws of the state; PROVIDED FURTHER that the Election Commissioner or Governor shall promptly notify the respective local jurisdictions chief executives of the same.

(7) “Legal resident” means one who has declared a local jurisdiction to be his or her legal residence in the manner provided by this title.

(8) “Legislature” means the Pohnpei Legislature.

(9) “Local governments” shall mean the local governments designated by Article 14 §1 of the Pohnpei Constitution.

(10) “Polling place” means those locations designated by the Election Commissioner and meeting the conditions set out in this title, for voting by personally casting a ballot. Except as provided in 10 PC 6-124(2), each polling place shall issue ballots only for the election district within which it is located.

(11) “State court” means the Pohnpei Supreme Court.

(12) “State Treasury” means the Pohnpei Treasury as established by law and containing all monies attributable to or managed by the Pohnpei Government.

Source: S.L. No. 2L-158-90 §3, 8/2/90; S.L. No. 2L-211-91 §1, 10/12/91; S.L. No. 4L-48-97 §1, 6/23/97

 

10 PC 1-104.  Authorization for appropriation; administration.

(1) There is hereby authorized for appropriation from the general fund of Pohnpei a sum or sums to be determined and allocated annually in the Comprehensive Budget Act for all incidental and necessary expenses relative to the preparation and conduct of elections under this title, except for federal and local elections as herein specified by this title; PROVIDED that no portion of the sums authorized herein may be expended for campaign purposes for any candidate, political party or other such interested persons, or to support a particular political cause or issue.

(2) All sums herein authorized shall be administered and expended by the Election Commissioner solely for the purposes specified in Subsection (1) of this section. The Election Commissioner shall prepare and submit to the Legislature and the Governor within 30 days following each election, a full financial accounting of monies collected and expended during said election. The Election Commissioner shall further submit to the Legislature and Governor an annual report on all financial activities under this title for the previous fiscal year within 30 days following the close thereof.

(3) All sums appropriated under the authorization of this title in any one fiscal year, unobligated or unexpended on September 30 shall revert to the general fund of Pohnpei.

Source: S.L. No. 2L-158-90 §4, 8/2/90

 

10 PC 1-105.  Realization of revenues. All fees and other revenues collected pursuant to this title shall be deposited in the general fund of Pohnpei as the realization of general revenue to be appropriated in the manner provided by law; PROVIDED that all fees and revenues collected pursuant to federal or local elections under this title, except for payments or reimbursements received as provided in Subsections (2) and (3) of 10 PC 1-102, shall be deposited in the treasury of the respective jurisdiction.

Source: S.L. No. 2L-158-90 §5, 8/2/90

 

10 PC 1-106.  Election frauds; penalties.

(1) The following persons shall be deemed guilty of an election fraud:

(a) Every person who, directly or indirectly, personally or through another, gives, procures or lends, or agrees or offers to give, procure or lend, or who endeavors to procure any money or office or place of employment or valuable consideration to or for any elector, or to or for any person for an elector, or to or for any person in order to induce any elector to vote or refrain from voting, or to vote or refrain from voting for any particular person or party, or who does any such act on account of any person having voted or refrained from voting for any particular person at any election; PROVIDED, HOWEVER, that this provision shall not prohibit those Pohnpei customs and traditions ordinarily associated with election day activities;

(b) Every person who advances or pays, or causes to be paid, any money to, or to the use of, any other person, with the intent that the money, or any part thereof, shall be expended in bribery at any election, or for any purpose connected with or incidental to any election; or who knowingly pays or causes to be paid any money to any person in the discharge or repayment of any money wholly or partly expended in bribery at any election, or for any purpose connected with or incidental to any election;

(c) Every elector who, before, during or after any election, directly or indirectly, personally or through another, receives, agrees or contracts for any money, gift, loan or valuable consideration, office, place or employment for oneself or any other person for voting or agreeing to vote, or for refraining to vote or agreeing to refrain from voting, or for voting or refraining to vote for any particular person or issue;

(d) Every person who, directly or indirectly, personally or through another, makes use of, or threatens to make use of, any force, violence or restraint; or inflicts or threatens to inflict any injury, damage or loss in any manner, or in any way practices intimidation upon or against any person in order to induce or compel the person to vote or refrain from voting, or to vote or refrain from voting for any particular person or issue, at any election, or on account of the person having voted or refrained from voting, or voted or refrained from voting for any particular person or issue; or who by abduction, distress or any device or contrivance impedes, prevents or otherwise interferes with the free exercise of the elective franchise;

(e) Every person who, at any election, votes or attempts to vote in the name of any other person, living or dead, or in some fictitious name, or who, having once voted, votes or attempts to vote again, or knowingly gives or attempts to give more than one ballot for the same issue of office at one time of voting;

(f) Every person who, before or during an election, knowingly publishes a false statement of the withdrawal of any candidate at the election;

(g) Every person who induces or procures any person to withdraw from being a candidate at an election in consideration of any payment or gift or valuable consideration; or of any threat; and every candidate who withdraws from being a candidate in pursuance of such inducement or procurement;

(h) Every public officer by law required to do or perform any act or thing with reference to any of the provisions in any law concerning elections’ who willfully fails, neglects or refuses to do or perform the same, or who willfully performs it in such a way as to hinder the objects thereof, or who is guilty of any willful violation of any of the provisions thereof;

(i) Every person who offers any bribe or makes any promise of gain, or with knowledge of the same permits any person to offer any bribe or make any promise of gain for his benefit, to any voter to induce him to sign a nomination paper, and any person who accepts any bribe or promise of gain of any kind as consideration for signing the same, whether the bribe or promise of gain be offered or accepted before or after the signing;

(j) Every person who willfully tears down or destroys or defaces any election proclamation or any poster or notice or list of voters or visual aids or facsimile ballot, issued or posted by authority of law;

(k) Every person printing or duplicating or causing to be printed or duplicated any ballot, conforming as to the size, weight, shape, thickness or color, to the official ballot so that it could be cast or counted as an official ballot in an election;

(l) Every person who is disorderly or creates a disturbance whereby any meeting of the precinct officials or the election board during an election is disturbed or interfered with; or whereby any person who intends to be lawfully present at any meeting or election is prevented from attending; or who causes any disturbance at any election; and every person assisting or aiding or abetting any disturbance;

(m) Every person who, either in person or through another, in any manner breaks up or prevents, or endeavors to break up or prevent, the holding of any meeting of the election board or in any manner breaks up or prevents, or endeavors to break up or prevent, the holding of any election;

(n) Every person, other than those authorized by law, who remains or loiters within the area set aside for voting during the time appointed for voting;

(o) Any person, including candidates carrying on any campaign activities within the state on the day on which an election is being held for the purpose of influencing votes. Campaign activities shall include the following:

(i) Any distribution, circulation, carrying, holding, posting or staking of campaign cards, pamphlets, posters, and other literature;

(ii) The use of public address systems and other public communication media;

(iii) The use of motor caravans or parades; and

(iv) The use of entertainment troupes or the free distribution of food, beverages, goods and services.  The “day of election” as used in this paragraph shall commence at midnight of the day before the polls are opened and shall end with the closing of the polls;

(p) Every person who opens a return envelope containing an absentee ballot vote other than those authorized to do so;

(q) Every person who willfully violates or fails to obey any law, punishment for which is not otherwise in this title specifically provided for; and

(r) Every person who, knowing that he is not entitled to register or to vote, registers or votes; and any person taking any oath in this title prescribed or authorized to be administered and willfully making oath to any false statement of fact, or willfully making a false answer to any question put to him thereunder.

(2) Every person found guilty of an election fraud shall be fined not more than $1,000, or imprisoned not more than two years, or both such fine and imprisonment. If the person so convicted holds any office, either elective or appointive, at the time of the conviction, the office shall at once and without mention in the sentence or other proceeding be vacated by the conviction.

Source: S.L. No. 2L-158-90 §7, 8/2/90

Note: S.L. No. 2L-158-90 §6 repealing and superseding provisions have been omitted.

 

10 PC 1-107.  Construction of this title. This title shall be construed in a manner that will permit all electors and candidates a fair and equal opportunity to participate in elections but also in a manner that will avoid defeating the real will of the electors by an unduly strict application, interpretation, and enforcement of the formalities and procedures set forth herein.

Source: S.L. No. 2L-158-90 §8, 8/2/90

Note: S.L. No. 2L-158-90 §9 severability provision has been omitted.

 

 

 

 

CHAPTER 2

ELECTION COMMISSIONER AND BOARD OF ELECTION

 

 

Section

2-101  Election Commissioner

2-102  Election Commissioner: appointment and tenure

2-103  Election Commissioner: impartiality

2-104  Compensation of the Election Commissioner

2-105  Powers and duties of the Election Commissioner

2-106  Board of Election: appointment and removal of members

2-107  Powers and duties of Board of Election members

2-108  Compensation of Board members

 

 

10 PC 2-101.  Election Commissioner. The Election Commissioner shall be the chief election official of Pohnpei State, with the powers and duties relating to the registration of voters and conduct of elections as are prescribed in this title. He or she is further designated as the Election Commissioner for Pohnpei as specified by, and with the powers and duties prescribed in Article 13 §§7(2) and 7(3) of the Pohnpei Constitution, including any amendments, successors or additions thereto; PROVIDED that unless the position of Election Commissioner appointed by the Governor with the advice and consent of the Legislature is vacant, a special election commissioner appointed pursuant to Article 13 §7(2) of the Pohnpei Constitution may not perform the functions of the Election Commissioner pertaining to the registration of voters and the removal of names from the General State Register.

Source: S.L. No. 2L-158-90 §10, 8/2/90; S.L. No. 4L-48-97 §2, 6/23/97

 

10 PC 2-102.  Election Commissioner: appointment and tenure.

(1) Except as otherwise provided by Article 13 §7(2) of the Pohnpei Constitution, the Election Commissioner shall be appointed by the Governor with the advice and consent of the Legislature to fulfill the duties and functions set forth in this title. The Election Commissioner may concurrently hold another position within the executive branch of the state government.

(2) Except as provided in Subsection (3) of this section, the Election Commissioner shall serve a term concurrent with the appointing Governor and, notwithstanding any other provision of Pohnpei law to the contrary, the Election Commissioner may only be removed or dismissed from this position for good, just and substantial cause.

(3) Notwithstanding Subsection (2) of this section, a special election commissioner appointed pursuant to Article 13 §7(2) of the Pohnpei Constitution shall serve until he has completed his duties pursuant to Chapter 7 of this title.

Source: S.L. No. 2L-158-90 §11, 8/2/90; S.L. No. 4L-48-97 §2, 6/23/97

 

10 PC 2-103.  Election Commissioner: impartiality. The Election Commissioner shall remain free from and independent of all undue influence and coercion that may hinder or impair the impartial and fair exercise of the duties and functions prescribed in this title. When the Election Commissioner is a candidate for office in an election, or when the performance of the Election Commissioner would constitute a direct conflict of interest, or when there is clear and convincing evidence that the Election Commissioner cannot perform the functions impartially and fairly, then the Governor shall appoint an acting Election Commissioner with the advice and consent of the Legislature; PROVIDED, HOWEVER, that when the Election Commissioner in question is a special election commissioner appointed pursuant to Article 13 §7(2) of the Pohnpei Constitution, then the Speaker of the Legislature shall appoint an acting special election commissioner for said purpose. The acting Election Commissioner so appointed shall retain the position until the aforementioned disability of the Election Commissioner is removed or resolved, or until the Election Commissioner is removed for cause and a successor selected.

Source: S.L. No. 2L-158-90 §12, 8/2/90; S.L. No. 4L-48-97 §2, 6/23/97

 

10 PC 2-104.  Compensation of the Election Commissioner. When performing the functions and duties prescribed in this title, the Election Commissioner shall receive a salary equal to the chief executive officers of Pohnpei’s authorities and commissions; PROVIDED, However, that an Election Commissioner who is also an employee of the Pohnpei Government or any other cooperating entity shall be granted, instead, administrative leave with pay from his or her regular duties to perform the functions of the Election Commissioner; PROVIDED FURTHER that if said employee’s regular compensation is less than the salary of such chief executive officers, the employee so serving as Election Commissioner, in addition to his regular compensation, shall be entitled to receive an amount equal to the difference between his regular compensation and the salary of such chief executive officers.

Source: S.L. No. 2L-158-90 §13, 8/2/90; S.L. No. 4L-48-97 §2, 6/23/97

 

10 PC 2-105.  Powers and duties of the Election Commissioner. The Election Commissioner shall supervise and administer voter registration and elections and perform such other duties as may be prescribed by law. The powers and duties of the Election Commissioner shall include, but are not limited to, the following:

(1) To appoint all members of the Board of Election as provided in this title;

(2) To prescribe and promulgate rules, regulations, and instructions implementing this title which, upon public notice and hearing as required by law and upon review and approval of the Governor, shall have the force and effect of law; PROVIDED that all rules and regulations heretofore adopted by the Election Commissioner pursuant to authority granted by prior laws, including those laws that are repealed by this title, shall continue in full force and effect until amended, repealed or superseded hereafter;

(3) To determine and prescribe forms of ballots and the forms of all blanks, cards of instructions, poll books, tally sheets, and all other forms and blanks required by, or needed to fulfill this title; and to cause the same to be supplied to the Board of Election;

(4) To require such reports from the Board as may be required by law or regulation or as may be deemed necessary;

(5) To review and examine voting irregularities or violation of any applicable election laws or regulations;

(6) To establish polling places within each election district;

(7) To designate special polling places in other states of the FSM or in foreign countries and to appoint two or more Board of Election members for each such polling place;

(8) To receive nominating petitions and to list the candidates for each election district on the ballot without indication of party affiliation;

(9) To register or cause to be registered all the voters in the state and to maintain the General State Register as provided in this title;

(10) To prepare or cause to be prepared from the General State Register a registered voters’ list for each polling place prior to any election;

(11) To issue voter registration cards as provided by this title;

(12) To delegate the duties of the Election Commissioner to others; PROVIDED that the performance of such duties shall be under the supervision of the Election Commissioner, and the Election Commissioner shall be ultimately responsible for the acts of those so delegated; and

(13) To certify qualified candidates and verify the willingness of the nominee to run. If an individual who receives the necessary petition signatures chooses not to run, his name shall not appear on the ballot.

Source: S.L. No. 2L-158-90 §14, 8/2/90; S.L. No. 2L-211-91 §2, 10/12/91

 

10 PC 2-106.  Board of Election: appointment and removal of members.

(1) Not less than 30 days prior to each general election, the Election Commissioner shall appoint a Board of Election for the state. The members must be registered to vote in state elections. They shall serve until they resign or are removed for cause, or until their successors have been appointed. The Board shall be composed of a sufficient number of members to have at least two Board members present at each polling place. No Board member may participate in any election campaign, as a candidate or otherwise.

(2) Members of the Board may be removed by the Election Commissioner at any time for good and just cause. Appeals of such removal shall be to the Governor and the Governor’s decision shall be final. Upon dismissal or removal by the Election Commissioner, the Board member shall not exercise any of the duties or responsibilities as a member unless and until he or she is reinstated.

Source: S.L. No. 2L-158-90 §15, 8/2/90

 

10 PC 2-107.  Powers and duties of Board of Election members. Each Board of Election member shall have the following powers and duties:

(1) To perform all duties prescribed by law;

(2) To supervise and manage each polling place;

(3) To receive, preserve, and maintain ballot boxes, locks, maps, cards of instruction and other supplies and equipment necessary to conduct the election;

(4) To give such instructions deemed necessary for the orderly conduct of elections;

(5) To provide the issuance of all notices and publications concerning elections;

(6) To review and examine the sufficiency and validity of nominating petitions and other documents where the Election Commissioner designates the Board to act in his or her stead;

(7) To receive and transmit all ballot boxes, locked and sealed, to the Election Commissioner;

(8) To receive, investigate, and decide complaints concerning election irregularities and determine the residence qualifications of voters, subject to review and appeal in accordance with this title;

(9) To recommend to the Election Commissioner appropriate polling places within each election district as may be deemed suitable and convenient to the public; and

(10) To perform such other duties as are prescribed by law or regulations issued by the Election Commissioner.

Source: S.L. No. 2L-158-90 §16, 8/2/90

 

10 PC 2-108.  Compensation of Board members. Board members shall be compensated at rates established by the Government Officers’ Salary Act, Title 9 Chapter 4 Subchapter I, as amended or superseded, and shall be entitled to expenses and standard Pohnpei Government per diem rates while engaged in authorized services for the Board. The following shall apply to Pohnpei Government officers and employees who serve on the Board:

(1) They shall not be entitled to compensation, but shall be accorded administrative leave while serving as a Board member;

(2) They shall receive overtime pay only if the employee is covered by the Pohnpei Public Service System Act, Title 9 Chapter 2, and meets the conditions for overtime pay as provided in such act and regulations; and

(3) When eligible, they may receive per diem or overtime pay for services rendered during any given day, but not both.

Source: S.L. No. 2L-158-90 §17, 8/2/90

 

 

 

 

CHAPTER 3

APPORTIONMENT

 

 

Section

3-101  Pohnpei Legislature

3-102  Federated States of Micronesia Congress

3-103  Congressional Districts established

3-104  Local elective offices

 

 

10 PC 3-101.  Pohnpei Legislature. Each local jurisdiction shall constitute an electoral district for the Pohnpei Legislature. Until reapportionment is completed pursuant to Article 8 §2 of the Pohnpei Constitution, the members of the Legislature shall be apportioned as follows:

Madolenihmw four; Kitti four; Sokehs four; Nett two; U two; Kolonia Town two; Mwoakilloa one; Pingelap one; Nukuoro one; Sapwuahfik one; and Kapingamarangi one.

Source: S.L. No. 2L-158-90 §18, 8/2/90; S.L. No. 2L-211-91 §3, 10/12/91

 

10 PC 3-102.  Federated States of Micronesia Congress. Apportionment of Pohnpei State for representation in the Congress of the FSM shall be in a manner prescribed by Article IX §10 of the FSM Constitution and §3-103 of this title, and any amendments thereto.

Source: S.L. No. 2L-158-90 §19, 8/2/90

 

10 PC 3-103.  Congressional Districts established. Apportionment of the state of Pohnpei in the Congress of the FSM shall be as follows:

(1) For a term of four years, there shall be one member elected at-large by the qualified voters of the state; and

(2) For a term of two years, there shall be one member for each of the following Election Districts of the state elected by the qualified voters of that Election District, respectively:

(a) Election District P-1 consisting of the local jurisdictions of Kapingamarangi, Kolonia, Sapwuahfik, Nukuoro, and Sokehs;

(b) Election District P-2 consisting of the local jurisdictions of Kitti and Madolenihmw; and

(c) Election District P-3 consisting of the local jurisdictions of Mwoakilloa, Nett, Pingelap, and U.

Source: D.L. No. 4L-160-78 §1, 12/8/78

 

10 PC 3-104.  Local elective offices. Apportionment of local jurisdictions into districts for local elective offices shall be in accordance with the applicable provisions of the charters, constitutions, and laws of each local government.

Source: S.L. No. 2L-158-90 §20, 8/2/90

 

 

 

 

 

CHAPTER 4

FRANCHISE AND REGISTRATION

 

 

Section

4-101  Eligible voters

4-102  Registration required

4-103  Where to register to vote

4-104  When to register

4-105  Voting in legal residence only; designation of election district

4-106  Voter qualified to vote in more than one local jurisdiction

4-107  Application for registration; affidavit

4-108  Affidavit: person before whom sworn

4-109  Translation of application

4-110  Registration of voter

4-111  General State Register

4-112  Registration cards

4-113  Re-registration

4-114  Changing the entries in the Register

 

 

10 PC 4-101.  Eligible voters.

(1) A citizen of Pohnpei who is 18 years of age on the date of the election and who has not committed a felony for which he or she is on parole or probation or under sentence, and who is not currently under a judgment of mental incompetency or insanity, shall be qualified to vote in all state elections; PROVIDED that said person has registered to vote in accordance with this title.

(2) Qualifications to vote in federal and local elections shall be as established by the laws of the respective jurisdictions; PROVIDED that if there are no laws, the qualifications to vote in the election shall be the same as in Subsection (1) of this section; PROVIDED FURTHER that the qualifications to vote in local elections shall not violate or conflict with Article 6 of the Pohnpei Constitution.

(3) No property qualification, tax or fee shall be imposed on the right to vote.

Source: S.L. No. 2L-158-90 §21, 8/2/90

 

10 PC 4-102.  Registration required.

(1) All citizens of Pohnpei meeting the qualifications of 10 PC 4-101 shall be entitled to vote in any election under this title and to be listed in the General State Register and on the election district list, but only if that citizen has registered to vote by complying with the formalities and requirements of this title.

(2) The foregoing notwithstanding, all voters already registered to vote for the election of members of the Pohnpei Legislature on the effective date of this title [August 2, 1990], and otherwise qualified to vote, shall not be required to register again except when re-registration is required pursuant to 10 PC 4-113.

Source: S.L. No. 2L-158-90 §22, 8/2/90

 

10 PC 4-103.  Where to register to vote. Eligible voters may register to vote at the office or offices of the Election Commissioner. On the day of any election covered by this title, eligible voters may also register to vote at a polling place in the election district where he or she is entitled to cast a ballot. For the convenience of the public, the Election Commissioner may designate and announce such other temporary or permanent locations for the registration of voters.

Source: S.L. No. No. 2L-158-90 §23, 8/2/90

 

10 PC 4-104.  When to register. All applications for voter registration may be submitted to persons authorized to examine the qualifications of electors at any time prior to a voter casting his or her ballot in an election conducted pursuant to this title.

Source: S.L. No. 2L-158-90 §24, 8/2/90

 

10 PC 4-105.  Voting in legal residence only; designation of election district. No person shall register to vote or vote as an elector of any other local jurisdiction than his or her legal residence as defined in 10 PC 1-103(7). Until there is a change in the voter’s legal residence, the voter shall not register as an elector of any other local jurisdiction. The Election Commissioner shall, by duly adopted regulations, establish a procedure to review and confirm the proper registration of voters and to review and correct the registration of those voters who by some error do not appear on the election district’s voter list or who appear on the incorrect election district’s voter list.

Source: S.L. No. 2L-158-90 §25, 8/2/90

 

10 PC 4-106.  Voter qualified to vote in more than one local jurisdiction. A person may register to vote and vote from only one local jurisdiction even if that person qualifies to vote in more than one of them. The choice of which local jurisdiction shall be made by the voter provided that the person otherwise meets the qualifications to vote from that local jurisdiction.

Source: S.L. No. 2L-158-90 §26, 8/2/90

 

§4-107.  Application for registration; affidavit.  A person qualified and desiring to register as a voter in an election may appear at any time during business hours before a member of the Board of Election (who are hereby empowered and authorized to administer oaths and take acknowledgments) or other persons authorized by law to administer oaths, to be examined under oath as to the qualifications as an elector. The applicant shall complete an application form and swear to or affirm the truth of each of the allegations or statements in the application. When the person who administers the oath shall so desire or believe the same to be expedient, he or she may demand that the applicant produce a witness or witnesses or other evidence to substantiate the allegations in the application. Such witnesses shall not, however, be required to substantiate or support applications that accompany absentee ballots. The application shall be substantially in the following form:

 

AFFIDAVIT UNDER OATH TO REGISTER AS A VOTER IN THE STATE OF POHNPEI

 

Local jurisdiction of _________________________

State of Pohnpei

Federated States of Micronesia

 

1. Full name___________________________________

2. Place of birth_____________________________

3. Current age _________. (If 17 years old, I will be 18 on ___________________.)

4. I am a citizen of Pohnpei (check only one):

[ ] By my birth to a citizen and pweldak of Pohnpei;

[ ] By being a current resident of Pohnpei and a citizen or pweldak of the local jurisdiction in Pohnpei immediately prior to the effective date of the Pohnpei Constitution (November 8, 1984);

[ ] By being a current resident of Pohnpei and a citizen of Pohnpei on the effective date of the Pohnpei Constitution (November 8, 1984); or

[ ] By naturalization on ___________ .

5. The following local jurisdiction is my legal residence: _____________________________. This local jurisdiction is my legal residence on the following basis (check only one):

[ ] I was born in the local jurisdiction;

[ ] At least one of my parents was born in the local jurisdiction (the term “parents” shall mean the adoptive parents when the person has been legally adopted, otherwise it shall mean the person’s natural parents); or

[ ] I have actually resided in the local jurisdiction for at least one year preceding the date of the next election.

6. I am not currently under parole, probation or sentence for any felony for which I have been convicted by any court in the Federated States of Micronesia or any court within the jurisdiction of the United States of America.

7. I am not currently under a judgment of mental incompetence or insanity.

8. I SOLEMNLY SWEAR (or affirm) under oath and subject to the penalties of perjury, that the foregoing information and statements are true and correct.