Pohnpei Constitution Article 13

(1) Nuclear, chemical, gas, and biological weapons, nuclear power plants, and waste materials therefrom, including high-level and low-level radioactive waste, shall not be introduced, stored, used, tested, or disposed of within any part of the jurisdiction of Pohnpei, except if such action is specifically and expressly permitted by a majority of votes cast in a referendum by the people of Pohnpei.

(2) The Legislature shall provide by statute for the strict control of harmful substances not listed under Subsection 1 of this Section, limiting their introduction, storage, use, and disposal within the jurisdiction of Pohnpei to activities necessary for the enhancement of public health, public safety, and economic development.

The capital of Pohnpei shall be established by statute. The properties used by the Government of Pohnpei shall be under the jurisdiction of the Government of Pohnpei.

The Legislature shall enact a code of ethical conduct for officials and employees of the Government of Pohnpei and shall prescribe administrative and criminal penalties for violation of the code.

(1) The Governor, Lieutenant Governor, Auditor, members of the Legislature, justices or judges of any Court, and all appointed officials of the Government of Pohnpei may be impeached, but only for misconduct in office, neglect of duty, incapacity, or conviction of an offense of moral turpitude.

(2) Upon the adoption of a resolution of impeachment by three-fourths of the members of the Legislature without regard to vacancies, a notice of impeachment shall forthwith be served upon the official by the Legislature.

(4) A tribunal composed of three Justices of the Pohnpei Supreme Court shall be convened by the Chief Justice, or by the Governor in the event of impeachment of the Chief Justice. The tribunal shall appoint a special prosecutor with the approval of a majority of the members of the Legislature, without regard to vacancies. A conviction of impeachment shall require the vote of two-thirds of the members of the tribunal.

(5) Judgment in cases of impeachment shall not extend beyond removal from office, but a person so convicted may nevertheless be subject to indictment, trial, judgment, and punishment according to the law.

(2) To recall the Governor or Lieutenant Governor, a petition signed by thirty-five percent of the registered voters of Pohnpei must be submitted to the presiding officer of the Legislature, who shall forthwith appoint a Special Election Commissioner, to whom the voter registration lists of Pohnpei shall forthwith be presented. Within fifteen days, the Special Election Commissioner shall determine the validity of the petition. If the petition is valid, a recall election shall be held within thirty days of the determination of validity, on the date specified by the Special Election Commissioner. The official shall be recalled upon the affirmative vote of sixty percent of the registered voters of Pohnpei.

(3) To recall a member of the Legislature a petition signed by thirty-five percent of the registered voters of the electoral district must be submitted to the Governor, who shall forthwith transmit the petition to the Election Commissioner. Within fifteen days, the Election Commissioner shall determine the validity of the petition. If the petition is valid, a recall election shall be held within thirty days of the determination of validity, on the date specified by the Election Commissioner. The member of the Legislature shall be recalled upon the affirmative vote of fifty-one percent of the registered voters of the electoral precinct he represents.

(3) The salaries and allowances for all elected and appointed officers may be reduced at any time, provided that such a decrease applies to all such officers in an equal amount.

(1) The Governor may declare a state of emergency and issue appropriate decrees, to preserve the public peace, health, or safety, at a time of extreme emergency caused by civil disturbance, epidemic, natural disaster, or immediate threat of war.

(2) A declaration of emergency may impair a civil right only to the extent actually necessary to preserve peace, health, or safety. A declaration of emergency may be subject to judicial review.

(3) The Legislature may amend or revoke a declaration of emergency at any time by resolution. Unless the declaration expires earlier, the Legislature shall convene within thirty days to consider the declaration of emergency. Unless the declaration expires earlier, is revoked, amended, or repealed, a declaration of emergency shall be in effect for thirty days.