Organization

Background

Amended by State Law 6-1. Former Section 5.201(8)(a) regarding the Division of Public Broadcasting lapsed pursuant toSection 1.304(1). Repealed and replaced by State Law 7-1. Subsection (2) was amended by State Law 7-62; Subsection (4) was amended by State Law 7-33. Subsection (5) was amended by State Law 7-91 - NOTE: State Law 7-91 refers to the "Division of Roads and Public Transportation" which is apparently in error, see State Law 7-1.

Cross reference:

The constitutional provisions on the Executive are found in Kosrae Const., Art. V.

Section 5.202. Powers and duties of principal departments.

In addition to other powers and duties provided by law a director of a principal department is responsible to the Governor for the exercise of the departmental powers and duties indicated below by subsection. The Governor may delegate additional Executive powers and duties to a director as the Governor deems necessary.

(1) The Department of Administration and Finance

(a) provides budgetary and grant application advice to the Executive and to other components of Government when directed by the Governor.

(b) prepares the annual budget and supplementary requests for appropriations;

(d) maintains State statistics, and is the central repository of Government records of birth, deaths, marriages and other Government records required in the preparation of statistics;

(e) collects revenues and reimbursements;

(f) operates the Government's financial management system;

(g) administers the Public Service System in accordance with Title 18 of the Kosrae State Code;

(h) monitors employment conditions in the private sector;

(i) develops designs for, calculates cost effectiveness of, and conducts inspections of public projects; and

(j) provides public notice of Executive policies.

(2) The Department of Commerce and Industry

(a) promotes and oversees foreign investment;

(b) fosters commercial marketing of land and sea produce;

(d) promotes development and improvement of private sector business;

(e) administers the Housing Renovation Loan Fund; and

(f) develops and monitors a consumer awareness program.

(3) The Department of Education

(a) provides academic and vocational guidance for elementary and secondary education, giving special attention to handicapped minors;

(b) conducts teacher training and evaluation;

(d) provides career counseling services to students.

(4) The Department of Health Services

(a) conducts a comprehensive public health services program, including medical and dental services;

(b) operates and maintains the State hospital and outlying dispensaries; and

(5) The Department of Public Works

(a) constructs a primary road encircling the island;

(b) constructs a primary road from Innem to Okat;

(d) maintains Government-owned utilities, including water services, and sets utility rates by regulation.

(6) The Department of Agriculture, Land and Fisheries

(a) assists private parties in the development of agriculture and forestry in an ecologically sound manner;

(b) fosters commercial production of agricultural produce;

(c) surveys (all public and private lands) and monitors the use of public lands maintaining a written roster of all parcels of public land; (changes effective October 1, 2001 State Law 7-126)

(d) preserves and regulates the use of objects and places of historical and cultural value;

(e) maintains surveillance of the marine space and enforces Title 19;

(f) fosters and protects commercial production of marine resources and sea produce;

(g) negotiates Government leases, easements, and contracts, and designates for homesteading purposes public land in accordance with Chapter 5 of Title 11 of this Code;

(h) manages, conserves and develops marine resources in accordance with Title 19; and

(i) identifies and establishes marine reserves, areas of natural and scientific interest, and protects marine and aquatic habitats and environments.

(7) The Office of the Attorney General

(a) enforces State penal laws, delegating enforcement to a department in its discretion;

(b) oversees Government compliance with law;

(c) provides legal advice and representation to the Executive, including the collection of outstanding reimbursements and revenues;

(d) provides legal advice and representation to other components of Government when directed by the Governor; and

(e) regulates the use of roads by motor vehicles.

(8) The Office of Community Affairs

(a) administers youth, senior citizens and women's affairs programs; and

(b) preserves and promotes culture and traditions.

Background

Amended by State Law 6-1, 6-131 and 6-168. Repealed and replaced by State Law 7-1. Subsection (2) was amended by State Law 7-62. Subsection (5) was amended by State Law 7-91 -NOTE: State Law 7-91 refers to Subsection (6), apparently in error; see State Law 7-1. Subsection (6) was amended by State Law 7-99.

Cross reference:

The constitutional provisions on the Executive are found in Kosrae Const., Art. V.

Section 5.203. Interim department manager, acting director.

(1) A person may not assume the title, or exercise the duties or powers of a director [of] a principal department without compliance with law, except that:

(a) If a directorship is lawfully vacant, the Governor may designate a person as an interim department manager who exercises the duties and powers of the director for a single, cumulative period not to exceed sixty days before filling of the vacancy.

(b) If a director is lawfully absent from duty, the director may designate with the Governor's approval a person from the department or office to assume his duties as an acting director.

(2) Notwithstanding sub-parts (a) and (b) of subsection 1, no person whom the Governor has nominated for a directorship may serve as an interim department manager or acting director for the department to which he is nominated while the nomination is pending in the Legislature.

(3) For purposes of this Section, a directorship includes the position of Chief of Police.

Background

Amended by State Law 6-33.

Section 5.204. Chief of Police.

The Governor nominates, and, following the consent of the Legislature by resolution, appoints a Chief of Police.

Section 5.205. Division of Public Broadcasting.

The Division of Public Broadcasting is autonomous and operates independently of the Executive.

Cross-reference:

For lapsing see Section 1.304(1).

Section 5.206. Department of Public Works.

In setting departmental priorities the Department of Public Works gives priority to a speedy completion of its duty set forth in Section 5.202 (9)(b), providing a monthly progress report to the Legislature, and adhering to work schedules set by a monitoring authority. If it does not adhere to a work schedule, it states the reasons for the failure in the report for that month in which it has not met a work schedule.

Cross-reference:

Section 5.202(9)(b) has been renumbered as Section 5.202(5)(a). The constitutional provisions on the Executive are found in Kosrae Const., Art. V.