Estab. of Municipalities

DRAFT CSC, Title 7. Municipal Affairs

CHAPTER 1

Establishment of Municipalities

§ 1001. State Municipalities.

§ 1002. Establishment of New Municipality.

§ 1003. Conditions.

§ 1004. Procedures for Establishment of New Municipalities.

§ 1005. Power of ad hoc committee.

§ 1006. Status.

§ 1007. Transition.

§ 1008. Authorization.

§ 1001. State Municipalities.

The municipalities in the State are enumerated in Section 2 of Article XIII of the Chuuk State Constitution, and any new municipality that may be established in the State of Chuuk pursuant to this ~~Act~~ Chapter.

Source: CSL 192-10, § 1, modified.

Cross-reference: The constitutional provisions on municipalities are found in Art. XIII of the Chuuk State Constitution. Section 3 of Art. XIII states as follows:

Section 3. The Legislature may prescribe the conditions and procedures for the admittance of a new municipality and of new territory as a municipality, but upon admission each new municipality shall enjoy the same powers and privileges, and shall be subject to the same obligations, as existing municipalities.

§ 1002. Establishment of new municipality.

A new municipality may be established in the State of Chuuk only in accordance with the conditions and procedures set forth in Section 1003 and Section 1004 of this Chapter, respectively.

Source: CSL 192-10, § 2, modified.

§ 1003. Conditions of Establishment.

A territory, an island, or two or more islands, may apply for municipal status only if that territory, island, or islands meet the following conditions:

(1) The population of the territory, island or islands, consists of at least 100 permanent residents;

(2) The geography of the territory, island, or islands is ideal for the economic, social, and political development thereof;

(3) The needs of the territory, island or islands, can best be addressed by becoming a municipality;

(4) The ~~ability of the~~ population of the territory, island, or islands, as a separate sovereign entity, has the ability to sustain a municipal government;

(5) There is a historic or traditional identity of the territory, island, or islands, as a separate or sovereign entity;

(6) There are other favorable conditions-economic, political and social, which can assist the State if the territory, island, or islands becomes a new municipality of the State of Chuuk.

Source: CSL 192-10, § 3, modified.

§ 1004. Procedures for Establishment of New Municipalities.

In order to be established as a mew municipality, a territory, island, or islands shall follow these procedures:

(1) The permanent residents of a territory, island, or islands seeking establishment as a new municipality shall petition the Governor to review their status. In the case of a petitioning territory or island, the petition shall be signed by not less than 75% of its total registered voters, and approved by the council of the municipality of which the petitioning territory, or island, is a part. In the case of two or more separate islands or, territories, seeking status as a new municipality, the petition shall be signed by not less than 75% of the total registered voters of each of these islands. The petition shall also be subject to approval of the council of the municipality of which those islands are a part. The signatures shall be authenticated by the Election Commissioner or his designee.

(2) Upon certification of the requirements of Section 1004(a1) of this Chapter for establishment of a new municipality by the Election Commissioner, the petition shall be transmitted to the Governor for action.

(3) Upon receipt of a petition, the Governor shall establish an ad hoc committee to be composed of five members: one from the judicial branch, one from the legislative branch, one from the executive branch, a traditional leader of the petitioning territory, island, or islands, to be selected from the traditional leaders of the petitioning territory, island, or islands, and one from the Conference of Mayors. The ad hoc committee shall investigate and study whether the petitioning territory, island, or islands meet the requirements of Section 1003 of this Chapter. The committee shall be dissolved upon the receipt of its report by the Governor.

(4) The Governor has ~~sixty~~ 60 days to review the report of the committee and may either concur with or reject the recommendation of the committee.

(5) If the Governor concurs with the recommendation, he shall submit the recommendation to the Legislature in the form of a joint resolution. The Legislature may either adopt or reject such joint resolution, and in the event the joint resolution is adopted by the Legislature, the petitioning territory, island, or islands becomes a municipality of the State of Chuuk on the date of adoption of the joint resolution.

Source: CSL 192-10, § 4, modified.

§ 1005. Power of ad hoc committee.

The ad hoc committee to be established by the Governor shall have the power to subpoena documents, records and witnesses, conduct hearings, administer oaths, and to maintain a record of its works.

Source: CSL 192-10, § 5.

§ 1006. Status.

Upon establishment, each new municipality shall enjoy the same powers and privileges, and shall be subject to the same powers and obligations, as existing municipalities. No law or governmental action may diminish or take away the powers and privileges of a new municipality unless such law or governmental action is applied to all municipalities.

Source: CSL 192-10, § 6.

Cross-reference: The constitutional provisions on municipalities are found in Art. XIII of the Chuuk State Constitution. Section 3 of Art. XIII states as follows:

§ 1007. Transition.

(1) Upon establishment of a new municipality, the Governor shall immediately appoint a temporary Mayor for the municipality. The Governor shall thereafter, but not for more than 30 days, issue an executive order providing for a temporary organization of the municipal government and setting a date for the election of members of the legislative branch and the Mayor of the municipality, which election shall take place within 45 days of the issuance of the executive order. The executive order may also provide certain laws of the municipality, including a criminal code, legislative powers and procedures, and other matters not inconsistent with State laws or the Constitution, to govern the administration of the municipality until the municipal government is fully organized by actions of its own elected officials.

(2) An elected Mayor, after taking the oath of office, may appoint a municipal judge in accordance with the requirements of the Chuuk State Judiciary Act of 1990.

(3) The newly elected officials of the municipality shall work closely with the Governor to ensure that the municipality adopts its Constitution within one year from the date of its establishment.

Source: CSL 192-10, § 7, modified.

§ 1008. Authorization.

There is hereby authorized to be appropriated from the General Fund of the State such sum as may be necessary for the operational costs of a newly admitted municipality until the State annual budget has included the municipality and for the drafting and adoption of its municipal constitution.

Source: CSL 192-10, § 8.

	DRAFT CSC, Title 7. Municipal Affairs
	CHAPTER 1 Establishment of Municipalities § 1001. State Municipalities. § 1002. Establishment of New Municipality. § 1003. Conditions. § 1004. Procedures for Establishment of New Municipalities. § 1005. Power of ad hoc committee. § 1006. Status. § 1007. Transition. § 1008. Authorization. § 1001. State Municipalities. The municipalities in the State are enumerated in Section 2 of Article XIII of the Chuuk State Constitution, and any new municipality that may be established in the State of Chuuk pursuant to this ~~Act~~ Chapter. Source: CSL 192-10, § 1, modified. Cross-reference: The constitutional provisions on municipalities are found in Art. XIII of the Chuuk State Constitution. Section 3 of Art. XIII states as follows: Section 3. The Legislature may prescribe the conditions and procedures for the admittance of a new municipality and of new territory as a municipality, but upon admission each new municipality shall enjoy the same powers and privileges, and shall be subject to the same obligations, as existing municipalities. § 1002. Establishment of new municipality. A new municipality may be established in the State of Chuuk only in accordance with the conditions and procedures set forth in Section 1003 and Section 1004 of this Chapter, respectively. Source: CSL 192-10, § 2, modified. § 1003. Conditions of Establishment. A territory, an island, or two or more islands, may apply for municipal status only if that territory, island, or islands meet the following conditions: (1) The population of the territory, island or islands, consists of at least 100 permanent residents; (2) The geography of the territory, island, or islands is ideal for the economic, social, and political development thereof; (3) The needs of the territory, island or islands, can best be addressed by becoming a municipality; (4) The ~~ability of the~~ population of the territory, island, or islands, as a separate sovereign entity, has the ability to sustain a municipal government; (5) There is a historic or traditional identity of the territory, island, or islands, as a separate or sovereign entity; (6) There are other favorable conditions-economic, political and social, which can assist the State if the territory, island, or islands becomes a new municipality of the State of Chuuk. Source: CSL 192-10, § 3, modified. § 1004. Procedures for Establishment of New Municipalities. In order to be established as a mew municipality, a territory, island, or islands shall follow these procedures: (1) The permanent residents of a territory, island, or islands seeking establishment as a new municipality shall petition the Governor to review their status. In the case of a petitioning territory or island, the petition shall be signed by not less than 75% of its total registered voters, and approved by the council of the municipality of which the petitioning territory, or island, is a part. In the case of two or more separate islands or, territories, seeking status as a new municipality, the petition shall be signed by not less than 75% of the total registered voters of each of these islands. The petition shall also be subject to approval of the council of the municipality of which those islands are a part. The signatures shall be authenticated by the Election Commissioner or his designee. (2) Upon certification of the requirements of Section 1004(a1) of this Chapter for establishment of a new municipality by the Election Commissioner, the petition shall be transmitted to the Governor for action. (3) Upon receipt of a petition, the Governor shall establish an ad hoc committee to be composed of five members: one from the judicial branch, one from the legislative branch, one from the executive branch, a traditional leader of the petitioning territory, island, or islands, to be selected from the traditional leaders of the petitioning territory, island, or islands, and one from the Conference of Mayors. The ad hoc committee shall investigate and study whether the petitioning territory, island, or islands meet the requirements of Section 1003 of this Chapter. The committee shall be dissolved upon the receipt of its report by the Governor. (4) The Governor has ~~sixty~~ 60 days to review the report of the committee and may either concur with or reject the recommendation of the committee. (5) If the Governor concurs with the recommendation, he shall submit the recommendation to the Legislature in the form of a joint resolution. The Legislature may either adopt or reject such joint resolution, and in the event the joint resolution is adopted by the Legislature, the petitioning territory, island, or islands becomes a municipality of the State of Chuuk on the date of adoption of the joint resolution. Source: CSL 192-10, § 4, modified. § 1005. Power of ad hoc committee. The ad hoc committee to be established by the Governor shall have the power to subpoena documents, records and witnesses, conduct hearings, administer oaths, and to maintain a record of its works. Source: CSL 192-10, § 5. § 1006. Status. Upon establishment, each new municipality shall enjoy the same powers and privileges, and shall be subject to the same powers and obligations, as existing municipalities. No law or governmental action may diminish or take away the powers and privileges of a new municipality unless such law or governmental action is applied to all municipalities. Source: CSL 192-10, § 6. Cross-reference: The constitutional provisions on municipalities are found in Art. XIII of the Chuuk State Constitution. Section 3 of Art. XIII states as follows: Section 3. The Legislature may prescribe the conditions and procedures for the admittance of a new municipality and of new territory as a municipality, but upon admission each new municipality shall enjoy the same powers and privileges, and shall be subject to the same obligations, as existing municipalities. § 1007. Transition. (1) Upon establishment of a new municipality, the Governor shall immediately appoint a temporary Mayor for the municipality. The Governor shall thereafter, but not for more than 30 days, issue an executive order providing for a temporary organization of the municipal government and setting a date for the election of members of the legislative branch and the Mayor of the municipality, which election shall take place within 45 days of the issuance of the executive order. The executive order may also provide certain laws of the municipality, including a criminal code, legislative powers and procedures, and other matters not inconsistent with State laws or the Constitution, to govern the administration of the municipality until the municipal government is fully organized by actions of its own elected officials. (2) An elected Mayor, after taking the oath of office, may appoint a municipal judge in accordance with the requirements of the Chuuk State Judiciary Act of 1990. (3) The newly elected officials of the municipality shall work closely with the Governor to ensure that the municipality adopts its Constitution within one year from the date of its establishment. Source: CSL 192-10, § 7, modified. § 1008. Authorization. There is hereby authorized to be appropriated from the General Fund of the State such sum as may be necessary for the operational costs of a newly admitted municipality until the State annual budget has included the municipality and for the drafting and adoption of its municipal constitution. Source: CSL 192-10, § 8.