Tafunsak Municipality Constitution

Section 1. This Constitution is the supreme law of the Tafunsak Municipality. AcAn [sic] act of Government in Conflict with this Constitution is invalid to the extent of conflict.

Section 1. Having been adopted by a majority of the ouncil, this onstitution shall b ebe [sic] submitted for approval by referendum to the people of Tafunsak. Final approval of this onstitution required a 2/3 majority of ballots cast in the election.

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.

Section 1. . The executive authority of Tafunsak Municipal Government shall be vested in the ayor. 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 majority. He shall have the power and authority to discharge the following; Section 2. . (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. . (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.

Section 1. . 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;

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.

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.