EUGENE PALSIS v. TAFUNSAK MNCPL COUNCIL (RECALL ELECTION)

KOSRAE STATE COURT

FEDERATED STATES OF MICRONESIA

TRIAL DIVISION

(Cite as Palsis by Tafunsak, Kosrae 1997)

[Kos.pge.1]

IN THE MATTER OF THE

RECALL ELECTION OF

MAYOR EUGENE A. PALSIS,

BY TAFUNSAK MUNICIPAL COUNCIL

PETITIONER

CIVIL ACTION NO.14-97

ORDER ESTABLISHING THE CONDUCT

OF A SPECIAL REMOVAL ELECTION

THIS COURT has reviewed the Petition filed by the Tafunsak Municipal Council on March 12, 1997, and Resolution No. 96-08, adopted on January 27, 1997. Pursuant to the provisions of the Kosrae State Constitution, Article VI, Section 6, Kosrae State Code, Section 6.202 and the Tafunsak Municipal Constitution, this Court has jurisdiction over the Petition. This Court accepts the Petition and Resolution No. 96-08, now designated as Civil Action No. 14-97, and hereby grants the Petition to call a Special Removal Election as specified in the Tafunsak Municipal Constitution. "Calling an election" includes setting the manner, date and time of the election. 26 Am.Jur.2d Elections.

The Tafunsak Municipal Council is directed by the Tafunsak Municipal Constitution to create an election committee to oversee the conduct of elections, including procedures for the conduct of special elections. Tafunsak Municipal Constitution, Article IX, Section 5.

THEREFORE, this Court accepts the Petition of the Tafunsak Municipal Council to call a Special Removal Election regarding the Honorable Eugene A. Palsis, Mayor of Tafunsak Municipality. The Special Removal Election shall be conducted on May 19, 1997. The Tafunsak Municipal Council shall create an Election Committee, if such committee has not yet been created, pursuant to the Tafunsak Municipal Constitution, Article IX, Section 5. The Election Committee shall issue the notice of election, and establish the time, location and procedure for conducting the Special Removal Election. A copy of Resolution 96-08, the Petition and this Order shall constitute the required notice of the Special Removal Election. The notice shall be posted continuously at

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least 30 days prior to the date of the election at the Tafunsak Municipal Building and at the Post Office in Tofol, beginning April 19, 1997. The notice of the special removal election shall also be given by radio announcement, at least twice daily, 3 times a week. The radio announcements shall begin on April 19, 1997 and continue until the date of the election. The Election Committee shall be responsible for posting of the notices and arranging for the radio announcements as specified in this Order.

SO ORDERED this 9th Day of April 1997.

/s/__________________

Lyndon L. Cornelius

Chief Justice

ENTERED this 9th Day of April 1997.

/s/___________________

Mauciano Wakuk

Chief Clerk of Court


	KOSRAE STATE COURT FEDERATED STATES OF MICRONESIA TRIAL DIVISION (Cite as Palsis by Tafunsak, Kosrae 1997) [Kos.pge.1] IN THE MATTER OF THE RECALL ELECTION OF MAYOR EUGENE A. PALSIS, BY TAFUNSAK MUNICIPAL COUNCIL *PETITIONER* CIVIL ACTION NO.14-97 ORDER ESTABLISHING THE CONDUCT OF A SPECIAL REMOVAL ELECTION THIS COURT has reviewed the Petition filed by the Tafunsak Municipal Council on March 12, 1997, and Resolution No. 96-08, adopted on January 27, 1997. Pursuant to the provisions of the Kosrae State Constitution, Article VI, Section 6, Kosrae State Code, Section 6.202 and the Tafunsak Municipal Constitution, this Court has jurisdiction over the Petition. This Court accepts the Petition and Resolution No. 96-08, now designated as Civil Action No. 14-97, and hereby grants the Petition to call a Special Removal Election as specified in the Tafunsak Municipal Constitution. "Calling an election" includes setting the manner, date and time of the election. 26 Am.Jur.2d Elections. The Tafunsak Municipal Council is directed by the Tafunsak Municipal Constitution to create an election committee to oversee the conduct of elections, including procedures for the conduct of special elections. Tafunsak Municipal Constitution, Article IX, Section 5. THEREFORE, this Court accepts the Petition of the Tafunsak Municipal Council to call a Special Removal Election regarding the Honorable Eugene A. Palsis, Mayor of Tafunsak Municipality. The Special Removal Election shall be conducted on May 19, 1997. The Tafunsak Municipal Council shall create an Election Committee, if such committee has not yet been created, pursuant to the Tafunsak Municipal Constitution, Article IX, Section 5. The Election Committee shall issue the notice of election, and establish the time, location and procedure for conducting the Special Removal Election. A copy of Resolution 96-08, the Petition and this Order shall constitute the required notice of the Special Removal Election. The notice shall be posted continuously at [pg continue] least 30 days prior to the date of the election at the Tafunsak Municipal Building and at the Post Office in Tofol, beginning April 19, 1997. The notice of the special removal election shall also be given by radio announcement, at least twice daily, 3 times a week. The radio announcements shall begin on April 19, 1997 and continue until the date of the election. The Election Committee shall be responsible for posting of the notices and arranging for the radio announcements as specified in this Order. SO ORDERED this 9th Day of April 1997. /s/__________________ Lyndon L. Cornelius Chief Justice ENTERED this 9th Day of April 1997. /s/___________________ Mauciano Wakuk Chief Clerk of Court