Title 5. THE
EXECUTIVE
Chapter 1. Provisions of General Applicability
Section 5.101.
Repealed by State Law 7-1.
Chapter 2.
Organization
Section 5.201. Principal departments and components. The Executive has the following principal departments which
have the components indicated below:
(1) The Department of Administration
and Finance
(a) The Division of Personnel and Employment
Services
(b) The Division of Finance and Budget
(c) The Division of
Planning and Statistics
(d) The Division of
Construction and Engineering
(2) The Department
of Commerce and Industry
(a) The Division of
Housing
(b) The Division of
Industrial Development
(c) The Division of
Marketing and Research
(d) The Division of
Consumer Services
(e) The Division of
Foreign Investment
(3) The Department
of Education
(a) The Division of
Instructional Services
(b) The Division of
Curriculum Development and Evaluation
(c) The Division of
Facilities and Special Services
(4) The Department
of Health Services
(a) The Division of
Curative Services
(b) The Division of
Preventive Services
(c) The Division of
Administrative Services
(5) The Department
of Public Works
(a) The Division of
Road Construction and Maintenance
(b) The Division of Water Service and Wastewater
Management
(6) The Department of
Agriculture, Land and Fisheries
(a) The Division of Livestock Production and
Research
(b) The Division of Crop Production and Research
(c) The Division of Land Management and
Preservation
(d) The Division of Surveying and Mapping
(e) The Division of Marine Surveillance
(f) The Division of Fisheries Development
(7) The Office of the Attorney General
(a) The Division of Public Safety
(b) The Division of Law
(8) The Office of Community Affairs
(a) The Division of Culture
(b) The Division of Youth, Senior Citizens and Women
Background
Amended by State Law 6-1. Former Section 5.201(8)(a) regarding the
Division of Public Broadcasting lapsed pursuant to Section 1.304(1). Repealed and replaced by State Law 7-1. Subsection (2) was amended by State Law
7-62; Subsection (4) was amended by State Law 7-33. Subsection (5) was amended by State Law 7-91 – NOTE: State Law
7-91 refers to the “Division of Roads and Public Transportation” which is
apparently in error, see State Law 7-1.
Section 5.202. Powers and duties of principal departments. In addition to other powers and duties provided by law a
director of a principal department is responsible to the Governor for the
exercise of the departmental powers and duties indicated below by subsection.
The Governor may delegate additional Executive powers and duties to a director
as the Governor deems necessary.
(1) The Department
of Administration and Finance
(a) provides budgetary and grant application advice to the
Executive and to other components of Government when directed by the Governor.
(b) prepares the annual budget and supplementary requests
for appropriations;
(c) coordinates economic planning, including the
Government’s adherence to the overall Economic Development Plan;
(d) maintains State
statistics, and is the central repository of Government records of birth,
deaths, marriages and other Government records required in the preparation of
statistics;
(e) collects
revenues and reimbursements;
(f) operates the
Government’s financial management system;
(g) administers the
Public Service System in accordance with Title 18 of the Kosrae State Code;
(h) monitors
employment conditions in the private sector;
(i) develops designs
for, calculates cost effectiveness of, and conducts inspections of public
projects; and
(j) provides public
notice of Executive policies.
(2) The Department of Commerce and Industry
(a) promotes and
oversees foreign investment;
(1)
fosters commercial
marketing of land and sea produce;
(c) assists
businesses with preparation of business loan applications and business plan;
(d) promotes
development and improvement of private sector business;
(e) administers the
Housing Renovation Loan Fund; and
(f) develops and
monitors a consumer awareness program.
(3) The Department
of Education
(a) provides academic and vocational guidance for elementary
and secondary education, giving special attention to handicapped minors;
(b) conducts teacher
training and evaluation;
(c) develops a
relevant curriculum; and
(d) provides career
counseling services to students.
(4) The Department
of Health Services
(a) conducts a comprehensive public health services program,
including medical and dental services;
(b) operates and maintains the State hospital and outlying
dispensaries; and
(c) oversees
sanitation practices.
(5) The Department
of Public Works
(a) constructs a primary road encircling the island;
(b) constructs a primary road from Innem to Okat;
(c) maintains primary roads, overseeing their structure and
operational safety; and
(d) maintains
Government-owned utilities, including water services, and sets utility rates by
regulation.
(6)
The Department of Agriculture, Land and Fisheries
(a) assists private parties in the development of agriculture and forestry in an ecologically sound manner;
(b) fosters
commercial production of agricultural produce;
(c) surveys (all public and private lands)
and monitors the use of public lands maintaining a written roster of all
parcels of public land; (changes
effective October 1, 2001 State Law 7-126)
(d) preserves and
regulates the use of objects and places of historical and cultural value;
(e) maintains
surveillance of the marine space and enforces Title 19;
(f) fosters and
protects commercial production of marine resources and sea produce;
(g) negotiates
Government leases, easements, and contracts, and designates for homesteading
purposes public land in accordance with Chapter 5 of Title 11 of this Code;
(h) manages,
conserves and develops marine resources in accordance with Title 19; and
(i) identifies and
establishes marine reserves, areas of natural and scientific interest, and
protects marine and aquatic habitats and environments.
(7) The Office of
the Attorney General
(a) enforces State penal laws, delegating enforcement to a
department in its discretion;
(b) oversees Government compliance with law;
(c) provides legal advice and representation to the
Executive, including the collection of outstanding reimbursements and revenues;
(d) provides legal
advice and representation to other components of Government when directed by
the Governor; and
(e) regulates the
use of roads by motor vehicles.
(8) The Office of
Community Affairs
(a) administers youth, senior citizens and women’s affairs
programs; and
(b) preserves and promotes culture and traditions.
Background
Amended by State Law 6-1, 6-131
and 6-168. Repealed and replaced by
State Law 7-1. Subsection (2) was
amended by State Law 7-62. Subsection
(5) was amended by State Law 7-91 – NOTE: State Law 7-91 refers to Subsection
(6), apparently in error; see State Law 7-1.
Subsection (6) was amended by State Law 7-99.
Section 5.203. Interim department manager, acting
director.
(1) A person may not
assume the title, or exercise the duties or powers of a director [of] a
principal department without compliance with law, except that:
(a) If a
directorship is lawfully vacant, the Governor may designate a person as an
interim department manager who exercises the duties and powers of the director
for a single, cumulative period not to exceed sixty days before filling of the
vacancy.
(b) If a director
is lawfully absent from duty, the director may designate with the Governor's
approval a person from the department or office to assume his duties as an
acting director.
(2) Notwithstanding
sub-parts (a) and (b) of subsection 1, no person whom the Governor has
nominated for a directorship may serve as an interim department manager or
acting director for the department to which he is nominated while the
nomination is pending in the Legislature.
(3) For purposes of
this Section, a directorship includes the position of Chief of Police.
Background
Amended by State Law 6-33.
Section 5.204. Chief of Police. The Governor nominates, and, following the consent of the
Legislature by resolution, appoints a Chief of Police.
Section 5.205. Division of Public Broadcasting. The Division of Public Broadcasting is autonomous and
operates independently of the Executive.
Cross-reference:
For lapsing see Section 1.304(1).
Section 5.206. Department of Public Works. In setting departmental priorities the Department of Public
Works gives priority to a speedy completion of its duty set forth in Section
5.202 (9)(b), providing a monthly progress report to the Legislature, and
adhering to work schedules set by a monitoring authority. If it does not adhere
to a work schedule, it states the reasons for the failure in the report for
that month in which it has not met a work schedule.
Cross-reference:
Section 5.202(9)(b) has been
renumbered as Section 5.202(5)(a).
Chapter 3. Succession
Section 5.301. Governor's absence or inability. If the Governor is absent from the State or is otherwise
unable to exercise and discharge his powers and duties, he informs the
Legislature in writing.
Section 5.302. Governor's disability. Upon transmission to the Legislature of a declaration
signed by the Lieutenant Governor and a majority of the directors of the
Executive's principal departments that the Governor has a disability which
prevents his exercising and discharging the powers and duties of office, the
Lieutenant Governor assumes the powers and duties of the office of the Governor
in an acting capacity. Upon the Governor's subsequent transmission to the
Legislature of a written declaration that the disability does not exist, he
reassumes the powers and duties of the office of Governor. If within
forty-eight hours of the Governor's reassumption of office the Lieutenant
Governor and a majority of the directors of the principal departments of the
Executive transmit to the Legislature their signed written declaration that the
Governor's disability continues, the Legislature assembles in special session
at the call of the Speaker within forty-eight hours of receipt of the latter
declaration to decide the issue of disability. If within twelve days following
receipt of the latter declaration the Legislature determines by two-thirds vote
of the Senators that the disability exists, the Lieutenant Governor assumes the
office of Governor in an acting capacity. If the Lieutenant Governor has served
as acting Governor for a consecutive period of four months or a cumulative
period of ten months because of the Governor's disability, the office becomes
vacant by operation of law and the Lieutenant Governor becomes Governor.
Section 5.303. Governor's and Lieutenant Governor's
simultaneous absence, inability or disability. If the Governor and Lieutenant Governor are simultaneously
absent from the State, are otherwise simultaneously unable to exercise and
discharge the powers and duties of the office of Governor, or simultaneously have
disabilities, the Governor appoints a director of a principal department who is
able and has the qualifications for the Governorship to exercise and discharge
the powers and duties of the Governor in an acting capacity. If the Governor
does not promptly appoint a director, the Speaker makes the appointment.
Section 5.304. Simultaneous vacancies in offices of
Governor and Lieutenant Governor. If the offices of both the Governor and Lieutenant Governor
become vacant, the Election Commission calls a special election to fill the
vacancy. Until an election of a Governor, the Speaker exercises and discharges
the powers and duties of the office of Governor in an acting capacity,
temporarily vacating his seat in the Legislature.
Section 5.305. Vacancy in office of Lieutenant Governor. If a vacancy in the office of Lieutenant Governor occurs
with less than one year remaining in the unexpired term of the Lieutenant
Governor, the Governor nominates a person to the office of Lieutenant Governor
who takes office upon appointment by the Governor following consent given by a
majority vote of the Senators. If a vacancy occurs with one year or more
remaining in an unexpired term, a special election fills the vacancy.
Chapter 4.
Former Chapter
4, concerning Executive Service Appeal Board, repealed by State Law 6-131.
Chapter
5. Compensation
Section 5.501. Salary of Governor. Lieutenant Governor
and directors. The annual salary of the Governor is twenty-one thousand
dollars ($21,000). The annual salary of the Lieutenant Governor is eighteen
thousand three hundred and seventy five dollars ($18,375). Unless otherwise
provided by contract for the employment of a non citizen, the annual salary of
a director of a department is fifteen thousand and seven hundred fifty dollars
($15,750) and a director has no leave benefits. A director makes himself
available at all times for the performance of his duties.
Background
Amended by State Law 5-70, 5-198
and State Law 6-132 (effective October 1, 1997).
Section 5.502 Repealed by State Law 6-131.
Section 5.503. Repealed by State Law 6-131.
Section 5.504. Repealed by State Law 6-132.
Section 5.505. Repealed by State Law 6-132.
Section 5.506. Repealed by State Law 6-131.
Section 5.507. Employment contract.
(1) This chapter does not alter the terms or obligations of
an employment contract to which the Government is a party when the Code takes
effect. An Executive position filled by initial appointment or renewal after
the Code takes effect provides for compensation as provided by this chapter.
Section 5.508. Representation
funds. In addition to compensation
provided by this Chapter, the Governor and Lieutenant Governor are entitled to
receive reimbursement for actual expenses incurred in the performance of the
duties of their offices to the extent funds are appropriated for that purpose.
(1) Reimbursement is
not available under this Section for personal or political expenses. Reimbursement is not available under this
Section if the expense is reimbursable from any other source, including sources
other than the State.
(2) Funds may be
provided to the Governor or Lieutenant Governor only after presentation of
evidence of the amount of expenses and documentation that the expenses were
incurred in the performance of official duties. Any permanent physical items for which reimbursement is provided
under this Section become the property of the State.
(3) The Director of
Administration and Finance shall provide a monthly report to the Governor of
expenses for which reimbursement is provided under this Section. The Governor is the final arbiter of any
dispute regarding a claim for reimbursement under this Section and shall adopt
internal rules or regulations regarding the reimbursement procedure.
Added by State Law 7-44.