Munic.Constitution

DRAFT CSC, Title 7. Municipal Affairs

CHAPTER 2

Municipal Constitutions

§ 1051. Purpose.

§ 1052. Constitutional Convention.

§ 1053. Drafting.

§ 1054. Ratification.

§ 1055. Funding.

§ 1056. Reports.

§ 1051. Purpose.

The purpose of this ~~Act~~ Chapter is to provide for the drafting and adoption of municipal constitutions, as mandated by the Chuuk State Constitution.

Source: CSL 191-19, § 1.

§ 1052. Constitutional Convention.

(1) Each municipality shall enact a legislation creating a constitutional convention to draft a municipal constitution which shall take effect not later than October 1, 1992. The convention shall draft a constitution for its municipality, and may contain provisions for the exercise of legislative, executive and judicial functions, for the guarantee of individual rights, and for the establishment of a government and directly expresses, the wishes of its people. The constitution shall provide for an effective date and require voter approval, as specified in this ~~Act~~ Chapter. Each convention shall transmit a certified copy of the adopted and signed constitution to the Governor and the appropriate mayor.

(2) The session days of the convention shall be as provided by municipal laws.

(3) Each constitutional convention shall have as many members as a municipality deems appropriate by law. These members shall be known as delegates, all of whom shall be residents of the municipality represented. Each municipality shall elect its delegates pursuant to the applicable State election laws governing the election of municipal officers.

(4) Each municipality shall provide for the establishment of a Pre-Convention Committee. The chairman of each Pre-Convention Committee shall act as President and conduct the first organizational meeting of the convention. At that time, the election of the President, Vice-President, Floor Leader and such additional officers as may be necessary shall take place. The President shall appoint a Chief Clerk after consultation with the delegates.

(5) The constitutional convention may have the following committees to carry out the duties of the convention:

(a) Governmental Structure and Functions;

(b) Civil Liberties;

(d) Finance and Taxation; and

(e) Style and Arrangement.

(6) Each convention shall adopt its own Rules of Procedure not inconsistent with this ~~Act~~ Chapter, provided that no constitutional provision may be finally adopted by the convention except by the affirmative votes of not less than ¾ of the delegates present, a quorum being present, and that no voting except in person shall be permitted~~, and that~~. Abstentions shall not be counted as affirmative votes in determining the result of any vote by the convention to finally adopt a constitutional provision.

(7) A quorum shall consist of 2/3 of all the delegates.

Source: 192-19, § 2, modified.

§ 1053. Drafting.

The municipal constitution may be drafted in the English, or the Chuukese language, or both.

Source: 192-19, § 3.

§ 1054. Ratification.

The municipal constitution shall be ratified by a majority of votes cast on the constitution on or before October 1, 1992. The Election Commissioner shall set a date for the ratification no later than 60 days after receipt by the Governor of a copy of the adopted and signed Constitution, as transmitted by the Convention. The results of the ratification shall be certified by the Election Commissioner, whose certification shall be the solemn declaration of the approval of the constitution by the people of the applicable municipality.

Source: 192-19, § 4.

§ 1055. Funding.

In the event that the amount provided by the State to each municipal constitutional convention is insufficient, the municipal government, not the State government, shall supplement such insufficiency in order for the constitutional convention to complete its works. All debts incurred by the municipal constitutional convention shall be the debts of the municipal government, and the municipal government shall be responsible for the debts.

Source: 192-19, § 5 (part), modified.

§ 1056. Reports.

The President of each constitutional convention shall submit a report to the Governor detailing the uses and obligations of the funds disbursed to it under this ~~Act~~ Chapter within 45 days after the conclusion of the convention. The Governor shall compile such reports submitted to him as provided in this Section, and forward the same to the Legislature as part of his responsibility as allottee of the funds herein appropriated.

Source: 192-19, § 7.

	DRAFT CSC, Title 7. Municipal Affairs
	CHAPTER 2 Municipal Constitutions § 1051. Purpose. § 1052. Constitutional Convention. § 1053. Drafting. § 1054. Ratification. § 1055. Funding. § 1056. Reports. § 1051. Purpose. The purpose of this ~~Act~~ Chapter is to provide for the drafting and adoption of municipal constitutions, as mandated by the Chuuk State Constitution. Source: CSL 191-19, § 1. § 1052. Constitutional Convention. (1) Each municipality shall enact a legislation creating a constitutional convention to draft a municipal constitution which shall take effect not later than October 1, 1992. The convention shall draft a constitution for its municipality, and may contain provisions for the exercise of legislative, executive and judicial functions, for the guarantee of individual rights, and for the establishment of a government and directly expresses, the wishes of its people. The constitution shall provide for an effective date and require voter approval, as specified in this ~~Act~~ Chapter. Each convention shall transmit a certified copy of the adopted and signed constitution to the Governor and the appropriate mayor. (2) The session days of the convention shall be as provided by municipal laws. (3) Each constitutional convention shall have as many members as a municipality deems appropriate by law. These members shall be known as delegates, all of whom shall be residents of the municipality represented. Each municipality shall elect its delegates pursuant to the applicable State election laws governing the election of municipal officers. (4) Each municipality shall provide for the establishment of a Pre-Convention Committee. The chairman of each Pre-Convention Committee shall act as President and conduct the first organizational meeting of the convention. At that time, the election of the President, Vice-President, Floor Leader and such additional officers as may be necessary shall take place. The President shall appoint a Chief Clerk after consultation with the delegates. (5) The constitutional convention may have the following committees to carry out the duties of the convention: (a) Governmental Structure and Functions; (b) Civil Liberties; (c) General Provisions; (d) Finance and Taxation; and (e) Style and Arrangement. (6) Each convention shall adopt its own Rules of Procedure not inconsistent with this ~~Act~~ Chapter, provided that no constitutional provision may be finally adopted by the convention except by the affirmative votes of not less than ¾ of the delegates present, a quorum being present, and that no voting except in person shall be permitted~~, and that~~. Abstentions shall not be counted as affirmative votes in determining the result of any vote by the convention to finally adopt a constitutional provision. (7) A quorum shall consist of 2/3 of all the delegates. Source: 192-19, § 2, modified. § 1053. Drafting. The municipal constitution may be drafted in the English, or the Chuukese language, or both. Source: 192-19, § 3. § 1054. Ratification. The municipal constitution shall be ratified by a majority of votes cast on the constitution on or before October 1, 1992. The Election Commissioner shall set a date for the ratification no later than 60 days after receipt by the Governor of a copy of the adopted and signed Constitution, as transmitted by the Convention. The results of the ratification shall be certified by the Election Commissioner, whose certification shall be the solemn declaration of the approval of the constitution by the people of the applicable municipality. Source: 192-19, § 4. § 1055. Funding. In the event that the amount provided by the State to each municipal constitutional convention is insufficient, the municipal government, not the State government, shall supplement such insufficiency in order for the constitutional convention to complete its works. All debts incurred by the municipal constitutional convention shall be the debts of the municipal government, and the municipal government shall be responsible for the debts. Source: 192-19, § 5 (part), modified. § 1056. Reports. The President of each constitutional convention shall submit a report to the Governor detailing the uses and obligations of the funds disbursed to it under this ~~Act~~ Chapter within 45 days after the conclusion of the convention. The Governor shall compile such reports submitted to him as provided in this Section, and forward the same to the Legislature as part of his responsibility as allottee of the funds herein appropriated. Source: 192-19, § 7.