Tafunsak Municipality Constitution
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ARTICLE I
SUPREMACY
Section 1. This Constitution is the supreme law of the Tafunsak Municipality. Ac act of Government in Conflict with this Constitution is invalid to the extent of conflict.
ARTICLE II
SUBMISSION FOR APPROVAL
Section 1. Having been adopted by a majority of the Council, this Constitution shall b e submitted for approval by referendum to the people of Tafunsak. Final approval of this Constitution required a 2/3 majority of ballots cast in the election.
ARTICLE III
SUFFRAGE
Section 1. A citizen of the Federated States of Micronesia who is a domiciliary of Kosrae state, who resides in Tafunsak Municipality of not less than one (1) year, has registered to vote in the Municipality of Tafunsak, has attained the age of eighteen (18), is entitled to vote in secret in all Municipal Government elections subject only to residence requirement, and disqualifications of mental incompetence and conviction of a major crime.
Section 2. The Municipal Council shall establish rules and procedures which are deemed necessary to govern registration of new voters in all four electoral Otta or hamlets.
ARTICLE IV.
EXECUTIVE BRANCH
Section 1. Mayor. The executive authority of Tafunsak Municipal Government shall be vested in the Mayor. To be eligible for candidacy for Mayor a person must be a citizen of FSM (Kosrae State) for at least 10 years, have been registered as a resident of Tafunsak Municipality at least three (3) years preceding the general election, be at least thirty give (35) years of age, and must have been fully restored to all civil rights if ever convicted of a felony. The Mayor shall be election by a simple majority of the total votes cast if the election is between two candidates, or by a plurality of the total votes cast if the election involved more than two candidates. He shall have the power and authority to discharge the following;
| (a) | The Mayor has the responsibility of requesting financial assistance funds for community projects, contracts, and other public purposes; provided that such proposals are initiated and authorized through municipal ordinance. |
| (b) | Prepare and submit an annual budget to the Council at a time prescribed by ordinance. The budget shall contain a plan of proposed expenditures, anticipated revenues, and other money available to the local government for the next fiscal year, together with other information the Council may require. The Council has the power to further regulate this provision through municipal ordinance. |
| (c) | The Mayor has the power to borrow money on the municipal credit. The Municipal Council authorized all requests. The Council shall enact ordinances to further regulate and control all municipal borrowings. |
| (d) | Recommend legislations to the municipal Council when deemed necessary. |
| (e) | The veto power is vested with the Mayor. |
| (f) | Enforce and execute the ordinances of Tafunsak Municipality and perform such other duties as may be required by law. |
| (g) | Comply with the laws of the Federated States of Micronesia and Kosrae State in the performance of his duties. |
Section 2. Secretary. (a) Be responsible to the Mayor for maintaining detailed and accurate accounts and records of all revenue collected by Tafunsak Municipality, and prepare reports on such revenue accounts as my be required by law;
Section 3. Treasurer. (a) Be responsible to the Mayor for maintaining accounts and records of all expenditures of funds allotted to the office of Mayor and prepare reports on such expenditures as may be required by law.
(b) Collect taxes as required by ordinance;
(c) Administer the Tafunsak Municipal treasury and disburse public funds as may be required by law.
Section 4. The Secretary, Treasurer and other appointed or hired staff members of the Executive Branch shall serve at the pleasure of the Mayor any such appointed or hired staff member shall serve until the appointment and qualification of their successor, unless he or she is terminated earlier by the Mayor, Rules and proceedings governing hiring shall be further regulated by ordinance.
ARTICLE V
LEGISLATIVE BRANCH
Section 1. Municipal Council. The legislative Authority of the Tafunsak Municipal Government is vested in the Municipal Council. The Council shall be composed of 8 members; two from each hamlet or Otta within Tafunsak Municipality who shall be elected every four years at the general Election. The Municipal Council shall exercise the following legislative power;
| (a) | Enact tax ordinance on local activities within Tafunsak Municipality, provided that no tax ordinance may be in conflict with State or FSM laws; |
| (b) | The Council has the sole power to appropriate and authorized the expenditures of public funds. The Council shall review and adopt the municipal budget as proposed by the Mayor; making such amendments as are deemed necessary by the majority of the members to be in the public interest. The Council shall designate a time for submission of the proposed budget by the Mayor, so as to enable the Council to adopt a final budget before the beginning of the fiscal year. Once adopted by the Council the budget shall be final and funds may be reallocated or reprogrammed only pursuant to municipal ordinance. All, outstanding funds not obligated at the end of the fiscal year, or when the authority to extend such funds expires according to law; shall revert to the Tafunsak Municipal fund. The Council may order an audit at any time; |
| (c) | The Council shall elect its own officers; |
| (d) | There shall be four regular sessions of the Council in each calendar year commencing on each second Monday of January, April, July and October. Regular session of the council shall be further regulated by ordinance; |
| (e) | Special session of the Council may be convened by the Mayor. Then Chairman of the Council shall also convene the Council upon a petition receiving the signatures of two thirds of the Councilmen. The Council shall deliberate only on the subjects contained in the call of the special session. |
| (f) | The session of the Council shall be transacted publicly. The Council can transact business only when the membership of the councilman present is two-third (2/3) majority. |
| (g) | To become an ordinance, an act of the Council shall pass two reading on two separate days. |
| (h) | Every act passed by the Council must be signed by the chairman and attested to by the chief clerk before presented to the Mayor. The Mayor shall sign it, if he approves it and it becomes and ordinance. If he does not approve it, he will return it with the written objections to the Council. |
| (i) | Upon receipt of a veto message from the Mayor, the Council may reconsider the veto act and again vote on it. If approved by a two-thirds majority of members, the over-ridden act shall become an ordinance. Once an over-ride to pass, it shall not be in order for the Council to reconsider. |
| (j) | The Mayor has thirty calendar days after the act of the Council is presented to him for consideration. An act neither signed nor returned on or before the time specified shall become an ordinance in like manner as if the Mayor has approved it. |
| (k) | A resolution of the council shall be adopted by two-thirds (2/3) majority vote of membership. |
| (l) | The Council shall be the sole judge of its election, and qualification of its membership and may discipline, suspend and expel a member by two-thirds (2/3) votes of the total membership. |
| (m) | As incidence of its authority, the council and its duly authorized committees may conduct investigations, hold public hearings, subpoena witnesses and documents. The rules of procedures of the Council shall provide for the documents. The rules of procedures of the Council shall provide for the enforcement of the contempt power and other incidents of the Council’s authority. |
| (n) | The Council may by ordinances establish such boards, commissions, or authorities as may be necessary and proper. |
CANDIDATE FOR MUNICIPAL COUNCIL
Section 2. Each candidate for a seat on the Municipal Council in each Otta shall be a registered member of that Otta at least one year preceding the election.
Section 3. One of the two members of the council representing each Otta shall be elected by registered voters of Tafunsak Municipality, while the other one will be elected by registered voters in the hamlet he or she represents, except for councilmen elected or appointed to fill vacancies, whose terms shall commence immediately upon certification of the election or appointment.
ARTICLE VI
JUDICIARY BRANCH
Section 1. There shall be a court in Tafunsak Municipality to be called Tafunsak Municipal Court. Such court shall have jurisdiction on all cases and matters prescribed by state law.
Section 2. The Tafunsak Municipal Court shall consist of a presiding judge, and other judges as may be prescribed by ordinances who shall be appointed by the Mayor with the advice and consent of 2/3 membership of the Council.
Section 3. The salaries and other compensation of the judges may be established by ordinance.
Section 4. The presiding judge shall serve as administrative head of the court. The organization of the court shall be established by ordinance.
Section 5. A person convicted of a felony is ineligible to serve as a municipal judge. No person is eligible to serve as a municipal judge unless he is at least 35 years of age, has been a citizen of FSM (Kosrae) for at least 10 years, has legally resided in Tafunsak Municipality for at least on year preceding his appointment.
Section 6. The term of the municipal judge shall be established by ordinance.
Section 7. A judge may be removed from his office for neglect of duty in office or of serious misconduct as a public official.
Section 8. This article does not become effective until state law authorized the creation of municipal courts.
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