DRAFT CSC, Title 18.  Construction & Housing
 
CHAPTER 1
Construction Board

1001.  Short title.
1002.  Establishment.
1003.  Purposes.
1004.  Powers.
1005.  Supervision of Governor.
1006.  Membership, officers and meetings.
1007.  General manager of the board.

      1001.  Short title.
     This Chapter shall be known and may be cited as the Truk District Chuuk State Construction Board Act.

Source:  11 TDC 1, modified.

      1002.  Establishment.
     There is hereby created and established in the Truk District Chuuk State, the Truk District Chuuk State Construction Board which shall be operated under the general supervision of the District Administrator Governor.

Source:  11 TDC 2, modified.

      1003.  Purposes.
     The purposes of the Truk District Chuuk State Construction Board shall be to promote the development and improvement of the basic infrastructure within the Truk District Chuuk State, which shall include, but shall not be limited to, roads, causeways, bridges, docks, piers, channels, harbors, buildings, utilities, airfields, quarries, and related functions and activities, without creating conditions that would impede the growth of Micronesian owned or controlled private enterprise.

Source:  11 TDC 3, modified.

      1004.  Powers.
     Subject to any restrictions or limitations imposed by the laws of the Trust Territory Federated States of Micronesia, and in furtherance of, but not in addition to, the purposes set forth in Section 1003 of this Chapter, the board shall have and exercise the following powers:

     (1)  To acquire personal property of all descriptions (in accordance with an approved budget if the acquisition of such personal property involves the expenditures of funds), and to hold, use, maintain, operate, lease, sell or otherwise dispose of the same in accordance with procedures established by the board and approved by the District Administrator Governor;

     (2)  To receive, hold and disburse funds;

     (3)  To enter into and perform such contracts, leases, cooperative agreements, or other transactions with any agency of the Trust Territory Government Federated States of Micronesia, or with any District State or Municipal government, or with any political subdivision thereof, or with any firm, person, association, cooperative or corporation as may be deemed necessary or appropriate to the conduct of the activities authorized under this Chapter;

     (4)  To settle and adjust claims held by it against other persons or parties, and by other persons or parties against the board;

     (5)  To hire the General Manager of the board, subject to the approval of the District Administrator Governor;

     (6)  To formulate plans and programs and to submit them, after approval, to the District Administrator Governor for his final approval;

     (7)  To establish policies and procedures for the operation of the board, and to transmit them after approval to the District Administrator Governor for his final approval;

     (8)  To approve the starting levels in terms of the number of positions and grades of the positions in each of the various divisions of the board, and approve the employment and termination of the heads of divisions of the board;

     (9)  To establish such divisions within the board as are necessary to carry out its purposes as set forth in Section 1003 of this Chapter, as well as plans and programs previously approved by the District Administrator Governor;

     (10)  To establish, maintain, operate and engage in, upon its own account, any appropriate enterprise, undertaking or activities in furtherance of the purposes of the board, and to receive payment therefore, such revenues and incomes to go into the general fund of the board for use by it in accordance with its previously approved annual operating budget, and in furtherance of the purposes of this Chapter;

     (11)  To propose legislation to the Truk District Chuuk State Legislature and municipal governments that is deemed necessary to implement the purposes of the board;

     (12)  To prepare such reports on programs, projects and operations of the board, including financial reports as the District Administrator Governor may require, and submit such reports to the District Administrator Governor, who shall submit annual reports to the District State Legislature at its Regular Session and such reports shall cover the period up to and including the last day of the month immediately preceding the convening date of each Regular Session.
 
     (13)  To exercise, through its chairman, members, and regular and special meetings of the board, supervision over the General Manager of the board and over its functioning.

Source:  11 TDC 4, modified

      1005.  Supervision ofDistrict Administrator Governor.
     The functions of the board shall be carried out under the general supervision of the District Administrator Governor who shall receive copies of all board proceedings, reports, programs and policies and any other data as may be required by the District Administrator Governor.

Source:  11 TDC 5, modified

      1006.  Membership, officers and meetings.

     (1)  The board shall consist of seven voting members who shall be appointed by the Governor District Administrator with the advice and consent of the Truk District Chuuk State Legislature or a committee thereof as the Legislature may by law or resolution determine, and if the Legislature or a committee thereof is not available to provide advice and consent, the District Administrator Governor shall make the appointments after consulting with the Presiding Officers of the Truk District Chuuk State Legislature, and three ex-officio nonvoting members consisting of the District State Director of Public Works, the District Economic Development Officer Director of Commerce and Industry, and the District Land Management Officer, who shall serve as the Executive Secretary of the board.

     (2)  The voting members shall serve for two year terms.

     (3)  Appointments to fill vacancies shall be made by the District Administrator Governor with the advice and consent of the Presiding Officers of the Truk District Chuuk State Legislature, and such appointments shall be for the remainder of the unexpired term.

     (4)  No member of the board shall simultaneously be an employee of the board.

     (5)  Members of the board shall be entitled to such compensation or allowance in lieu of subsistence as may be established by the board and approved by the District Administrator Governor when actually performing the functions of the board under this Chapter at the direction of the Chairman of the Board, except that those members who are government employees shall instead receive their regular salaries while performing functions of the board during their regular working hours, and any actual work performed by voting members who are government employees outside their regular working hours may be entitled to compensation or allowance at the same rate as paid to members who are not government employees.

     (6)  Any member may be removed from office by the District Administrator Governor for inefficiency, neglect of duty, or misconduct in office, after hearing before the District Administrator Governor.

     (7)  The board shall hold annual elections for the positions of Chairman, Vice-Chairman and Treasurer.

     (8)  The board shall hold meetings as often as necessary to carry out its purpose, functions and duties under this Chapter; provided that the board shall meet at least once every quarter.

     (9)  The board shall establish and transmit for approval by the District Administrator Governor such by-laws or internal rules of procedure governing its internal organization or functioning as it deems necessary to carry out its purposes, functions and duties under this Chapter.

Source:  11 TDC 6, modified.

      1007.  General manager of the Board.
     The duties of the General Manager of the board are as follows:

     (1)  To direct the implementation of the programs, policies, projects and procedures of the board;

     (2)  To supervise, train, employ and terminate all employees of the board, and to carry out all other appropriate functions regarding board personnel, except as provided under Section 1004 of this Chapter.

     (3)  To maintain liaison among the board, the District State and municipal governments, and others concerned with the objectives and programs of the board.

     (4)  To report to the board at each regular meeting, and when requested, attend special meetings on the status, programs, and development of the board, its plans, projects and financial status.

     (5)  To maintain close communication with the Chairman of the Board, and when requested, with the District Administrator Governor, as to the current status and activities of the board.

     (6)  To exercise full control and supervision over all the board's property and funds which have been assigned to him by the board;

     (7)  To authorize all expenditures of funds under board control, make contracts, acceptances, purchases and sales, with board approval, for such transactions in excess of five thousand dollars.

     (8)  To sign contracts in amounts of five thousand dollars or less, and sign jointly with the Chairman of the board contracts in excess of five thousand dollars.

     (9)  To prepare, submit and recommend to the board programs, and plans, budgets, policies and procedures.

     (10)  To execute and be responsible for the complete implementation of the board. s approved annual budgets, plans, and programs.

     (11)  To enforce to the maximum all approved policies, rules, and procedures of the board.

Source:  11 TDC 7, modified.