DRAFT CSC, Title 4. The Executive
 
CHAPTER 1
Executive Organization

1001.  Designation.
1002.  Executive organization.
1003.  Designation of Heads of Departments and Offices.
1004.  Department of Health Services.
1005.  Department of Education.
1006.  Department of Transportation.
1007.  Department of Marine Resources.
1008.  Department of Agriculture.
1009.  Department of Public Affairs.
1010.  Department of Treasury.
1011.  Office of Attorney General.
1012.  Office of Budget.
1013.  Department of Public Works.
1014.  Department of Planning and Statistics.
1015.  Department of Commerce and Industry.
1016.  Office of Personnel.
1017.  Department of Public Safety.
1018.  Nomination and confirmation.
1019.  Exercise of power and authority by nominee.
1020.  Temporary Head of Department and Office.
1021.  Absence of Governor.
1022.  Absence of Governor and Lieutenant Governor.
1023.  Compensation.
1024.  Operation of Government.
1025.  Severability clause.

      1001.  Designation.
     This Act Chapter shall be known and may be cited as the "Executive Branch Organization Act of 1990."

Source:  CSL 190-07, 1.

Editor's note:  CSL 190-07 that created this chapter was signed into law by the Governor on September 17, 1990.

Cross-reference:  The constitutional provisions on the Executive are found in Art. VI of the Chuuk State Constitution.  Section 1 of Art. VI states as follows:

     Section 1.  The executive power of the State Government is vested in the Governor.  The Governor shall faithfully execute and implement this Constitution and all state laws.

      1002.  Executive organization.
     In addition to the Office of the Governor and the Office of the Lieutenant Governor, the Executive Branch of the Chuuk State Government shall consist of the following departments and offices.

     (1)  Department of Health Services;

     (2)  Department of Education;

     (3)  Department of Transportation;

     (4)  Department of Marine Resources;

     (5)  Department of Agriculture;

     (6)  Department of Public Affairs;

     (7)  Department of Treasury;

     (8)  Department of Public Safety;

     (9)  Department of Public Works;

     (10)  Department of Planning and Statistics;

     (11)  Department of Commerce and Industry;

     (12)  Office of Budget;

     (13)  Office of Personnel; and

     (14)  Office of Attorney General.

Source:  CSL 190-07, 2, as amended by CSL 2-94-10, 1.

Editor's note:  CSL 2-94-10 that amended this section was signed into law by the Governor on September 3, 1994.

      1003.  Designation of Heads of Departments and Offices.
     The title of the heads of departments and offices established by Section 1002 of this Act Chapter shall be as follows:

     (1)  Director of Health Services;

     (2)  Director of Education;

     (3)  Director of Transportation;

     (4)  Director of Marine Resources;

     (5)  Director of Agriculture;

     (6)  Director of Public Affairs;

     (7)  Director of Treasury;

     (8)  Director of Public Safety;

     (9)  Director of Public Works;

     (10)  Director of Planning and Statistics;

     (11)  Director of Commerce and Industry;

     (12)  Director of Budget;

     (13)  Director of Personnel; and

     (14)  Attorney General.

Source:  CSL 190-07, 3, as amended by CSL 2-94-10, 2.

Editor's note:  CSL 2-94-10 that amended this section was signed into law by the Governor on September 3, 1994.

      1004.  Department of Health Services.
     The Department of Health Services consists of the divisions of:

     (1)  Field Dispensary;

     (2)  Management and Administration;

     (3)  Public Health;

     (4)  Nursing;

     (5)  Dentistry; and

     (6)  Sanitation.

This department is responsible for vocational rehabilitation, rural sanitation, health education, and aging.  It shall generally provide for the protection and promotion of the public health, and shall administer medical and dental facilities of the State.

Source:  CSL 190-07, 4, modified.

      1005.  Department of Education.
     The Department of Education shall be composed of the divisions of:

     (1)  Elementary School;

     (2)  Secondary School;

     (3)  Curriculum; and

     (4)  Special Programs,

and shall provide for, support and administer a State-wide system of public schools and instruction; provided, however, that the Department of Education shall continue in its present status until Sections 3 and 4 of Article X of the Constitution have been fully implemented.

Source:  CSL 190-07, 5, modified.

Cross-reference: Sections 3 and 4 of Art. X of the Constitution state as follows:

     Section 3.  There shall be a governing Board of Education, consisting of 8 members, with each member appointed by the Governor with the advice and consent of the Senate.  One of the members shall serve from each of the 5 Senatorial Regions, one from the public school system, one from the private system, and one who is known for knowledge and expertise in a field related to education.  The members of the Board shall serve staggered terms, as prescribed by statute.
     Section 4.  A head of the Education Department shall be appointed by the Governor with the advice and consent of the Senate from among 3 candidates nominated by the Board of Education.  The Board shall have the power, as prescribed by statute, to formulate policy and to exercise control over the public school system through the head of the Education Department. The head of the Education Department shall serve as the executive director of the Board and may only be removed by the Board.

      1006.  Department of Transportation.
     The Department of Transportation consists of the Divisions of Sea and the Division of Air.  This department is responsible for interisland and international shipping operations, harbors and port regulations, facilities and activities, adherence to applicable safety regulations both local and international, search and rescue operations; and air transportation matters in Chuuk State.  Until an Airport Authority is established by statute, the operation of State airports and airport facilities shall be the responsibility of this department.

Source:  CSL 190-07, 6, modified.

Editor's note:  The operation of the Micro Vessels was taken from a private contractor and returned to the Department of Transportation through CSL 3-95-4.

      1007.  Department of Marine Resources.
     The Department of Marine Resources consists of the divisions of:

     a) (1)  Fisheries Research and Development;

     b) (2)  Conservation and Management; and

     c) (3)  Operation and Technical Support.

This departments is responsible for the conservation, promotion, development, marketability, economic viability and support of mariculture projects, fisheries, and commercial utilization of marine resources in the State.

Source:  CSL 190-07, 7, modified.

Editor's note:  CSL 1-91-06 repealed TSL 3-44, the creation of the Truk Maritime Authority, thereby transferring all "functions, responsibilities, powers and duties exercised by the Truk Maritime Authority" to the Department of Marine Resources.

      1008.  Department of Agriculture.
     The Department of Agriculture consists of the:

     a) (1)  Division of Plant Industry and Marketing;

     b) (2)  Division of Forestry and Soil Conservation; and

     c) (3)  Division of Livestock Industry.

The Department of Agriculture shall be responsible for the conservation, development, and marketability of the State's agricultural resources and products.  The Department of Agriculture shall be relocated to the Agriculture Station on Fefan.

Source:  CSL 190-07, 8, as amended by CSL 2-93-05, 2, as amended by 2-94-12, 1, modified.

      1009.  Department of Public Affairs.
     This department consists of the divisions of:

     (1)  Governmental Relations;

     (2)  Public Information and Broadcast; and

     (3)  Youth.

It is responsible for governmental affairs, effective communication and relationships, including protocol between the State and Municipal Governments, between the Municipal Governments, between the State and the National Government of the Federated States of Micronesia, between the State and other governments, and shall be responsible for the dissemination of public information and everything affecting youth and shall facilitate communication between the State Government, its agencies, instrumentalities and political subdivisions, and other governments, their agencies and instrumentalities, operate State owned broadcast facilities and foster community and youth initiative and self-help.

Source:  CSL 190-07, 9, modified.

      1010.  Department of Treasury.
     The Department of Treasury consists of the divisions of:

     (1)  Finance;

     (2)  Automated Data Processing;

     (3)  Revenue; and

     (4)  Property and Supply.

This department shall provide for the administration and management of government fiscal operation, revenues, property and supplies, and shall coordinate all financial grants and assistance.  Each of these divisions shall be headed by a Chief.  This department shall be primarily responsible for the administration, management and accounting of all distributions, procurement, and other transactions of government finances, revenues, assets, and property pursuant to law.

Source:  CSL 190-07, 10, modified.

      1011.  Office of the Attorney General.
     This office consists of the Division of Law.  The Attorney General is the head of the office, who shall have overall authority and supervision over the office.  The Division of Law shall provide legal services, including but not limited to legal advice, opinions, contract preparation, review of legislative drafting, and representation when appropriate of the State Government, its agencies, instrumentalities and political subdivisions.

Source:  CSL 190-07, 11, as amended by CSL 2-94-10, 3.

Editor's note:  CSL 2-94-10 that amended this section was signed into law by the Governor on September 3, 1994.

      1012.  Office of Budget.
     The Office of Budget shall be responsible for the coordination and execution of the entire budget process of the State, which shall include coordination and preparation of annual and long term budgets of the State.  This process also includes budget formation, review of allotment issuance, forecasting and fiscal control.

Source:  CSL 190-07, 12.

      1013.  Department of Public Works.
     The Department of Public Works consists of the following divisions:

     (1)  Roads and Government Facilities; and

     (2)  Public Utilities.

This department is responsible for the maintenance of public roads and government facilities, public utilities, and for the review and approval of drawings or plans for proposed government facilities.  The Division of Public Utilities shall automatically cease to exist when the Public Utilities Corporation is operational, upon notification to the Governor and the Director of Public Works of such operational status by the Chairman of the Board of Directors of the Public Utilities Corporation.

Source:  CSL 190-07, 13, modified.

      1014.  Department of Planning and Statistics.
     The Department of Planning and Statistics consists of the divisions of:

     (1)  Planning;

     (2)  Statistics; and

     (3)  Census.

This department shall formulate development plans, review and make recommendations on projects and programs of the State Government, and when applicable, municipal programs and projects, coordinate and implement financial grants and assistance to the State Government, compile statistical data, coordinate and mobilize all government resources and projects and programs, and monitor reports on the implementation of national, State and municipal development plans.  This department shall coordinate with other departments, offices and branches of the State and National Governments to the maximum extent in order to facilitate planning and implementation of projects and programs.

Source:  CSL 190-07, 14, modified.

      1015.  Department of Commerce and Industry.
     The Department of Commerce and Industry consists of the divisions of:

     (1)  Labor and Manpower;

     (2)  Business and Trade; and,

     (3)  Land Management and Historic Preservation.

This department is responsible for the commercial and industrial development of the State, municipal economic programs, including the authority to negotiate government leases, acquire, manage, survey, and register public lands and shall be responsible for the custody of public land documents, and the identification, registration, and maintenance of historical sites, monuments, and land marks.

Source:  CSL 190-07, 15, modified.

      1016.  Office of Personnel.
     The Office of Personnel shall administer the Public Service System of the State until the Public Service Commission becomes operational pursuant to Article IX, Section 3 of the Chuuk State Constitution.

Source:  CSL 190-07, 16.

Cross-reference: Section 3 of Art. IX (Public Officers and Employees) of the Constitution states as follows:

     Section 3.  There shall be an independent Public Service commission to administer a public service system based on merit principles, with such powers and duties as may be prescribed by statute.

      1017.  Department of Public Safety.
     This department consists of the divisions of:

     (1)  Police Operations;

     (2)  Corrections Administration; and

     (3)  Fire Operations.

The Director of Public Safety is the head of the department who shall have over-all authority and command over the divisions.  The Division of Police Operations is responsible for promoting and protecting public safety and maintaining public peace and order, enforcing all laws, conducting criminal investigations, assisting in the conduct of prosecutions, and serving legal processes.  The Division of Corrections Administration shall be responsible for the operations and administration of the penal institution.  It shall also provide rehabilitation programs for inmates.  The Division of Fire Operations shall provide fire prevention and rescue within the lagoon and attend to other types of similar needs.  The three divisions in the Department of Public Safety shall be administered by three division chiefs who shall be directly responsible to the Director.  Other divisions may be created in accordance with law.

Source:  CSL 190-07, 17, as amended by CSL 2-94-10, 4, modified.

Editor's note:  CSL 2-94-10 that amended this section was signed into law by the Governor on September 3, 1994.

      1018.  Nomination and confirmation.
     The Governor shall appoint and nominate, with the advice and consent of the Senate, principal officers, principal advisors, and other officials in positions requiring such advice and consent of the Senate as prescribed by statute not later than 45 days after:

     (a) (1)  The Governor has taken the oath of office;

     (b) (2)  A vacancy has occurred in any position requiring advice and consent of the Senate;

     (c) (3)  A new position requiring advice and consent of the Senate has been created; or

     (d) (4)  An appointment and nomination by the Governor has been rejected by the Senate.

Source:  CSL 190-07, 18, as renumbered by CSL 2-94-10, 5, modified.

      1019.  Exercise of power and authority by nominee.
     A nominee appointed by any appointing authority, whose appointment and nomination requires the advice and consent of the Senate, may exercise the power and authority of the department or office to which nominated until such nomination has been rejected by the Senate.

Source:  CSL 190-07, 19, as renumbered by CSL 2-94-10, 5.

      1020.  Temporary Head of Department and Office.
     In the event of any vacancy resulting from the death, resignation, or removal of the head of a department or office, or the disability of such officer beyond 180 calendar days, the Governor shall designate an acting head of the department or office who shall act in such capacity until the Governor's appointment and nomination has been confirmed by the Senate.

Source:  CSL 190-07, 20, as renumbered by CSL 2-94-10, 5.

      1021.  Absence of Governor.
     During the temporary absence of the Governor from the State Capital, the Lieutenant Governor shall, in his capacity as the Lieutenant Governor, act on behalf of the Governor in accordance with the general or specific instruction of the Governor.  Pursuant to such instruction, the Lieutenant Governor, and no other officer except as provided in Section 1022 below, may sign any document for or on behalf of the Governor.

Source:  CSL 190-07, 21, as renumbered by CSL 2-94-10, 5.

      1022.  Absence of Governor and Lieutenant Governor.
     During the temporary absence of both the Governor and Lieutenant Governor from the State Capital, any of these department or office directors including the Attorney General, except if not wesetan born Chuukese, may be appointed to function in the temporary capacity of Executive Officer and who shall be the vocal point of communication and coordination on behalf of the Governor in accordance with the specific instructions of the Governor.

Source:  CSL 190-07, 22, as renumbered by CSL 2-94-10, 5.

      1023.  Compensation.
     Heads of departments and offices established by Section 1002 of this Act Chapter shall receive compensation as prescribed by law, provided that the Governor may prescribe such compensation by executive order for heads of departments and offices in the absence of law prescribing such compensation. The compensation of a director may not be diminished during his term of office unless there is a uniform reduction of salaries of the directors.

Source:  CSL 190-07, 23, as renumbered by CSL 2-94-10, 5.

      1024.  Operation of Government.
     In the absence of a governing statute and consistent with this Act Chapter or the Constitution, the Governor may provide for the operation of the Executive Branch and creation of temporary commissions or task forces by executive order, administrative directive or regulation.

Source:  CSL 190-07, 24, as renumbered by CSL 2-94-10, 5.

      1025.  Severability clause.
     If any provision of this Act Chapter, or the application thereof, is held invalid, such holding shall not affect other provisions or application of this Act Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Act Chapter are severable.

Source:  CSL 190-07, 26, as renumbered by CSL 2-94-10, 5.