Removal Procedures

Cross-reference: The constitutional provision on removal is found in Yap Const., Art. V, Sect. 20.

(a) The Yap State Legislature finds and affirms that it has authority to establish the rules and procedures for removal consistent with the Yap State Constitution.

(b) The purpose of this chapter is to establish just and efficient procedures for removal of the Governor, Lieutenant Governor and Justices of the Yap State Court, as provided in Article V, Section 20, of the Yap State Constitution.

Cross-reference: The constitutional provision on removal is found in Yap Const., Art. V, Sect. 20. That section states: "Section 20. The Governor, Lieutenant Governor or a Justice of the State Court may be removed from office for misfeasance or malfeasance in office, or for conviction of a felony, by a vote of three-fourths of the members of the Legislature.".

For the purpose of this chapter, unless otherwise required by the context:

(a) "Malfeasance" means the performance of an act by an Official acting in his official capacity which is illegal or wrongful and which substantially affects or interferes with the successful performance of his duties. Malfeasance includes, but is not limited to, any conduct that violates a provision of the Yap State Constitution or any law or regulation of Yap State.

(b) "Misfeasance" means the performance by an Official in his official capacity of any act in an illegal manner or in a manner so improper as to show deliberate neglect for the duties of his office or any such act not performed for a purpose consistent with the responsibilities of the Official's office.

(c) "Official" means the Governor of Yap State, the Lieutenant Governor of Yap State, or a Justice of the Yap State Court.

(a) An Official may be removed from office by the adoption of a resolution of the Yap State Legislature. Such a resolution shall be known as a Removal Resolution and:

(1) shall provide that the Legislature has found that the accused Official has committed acts which constitute misfeasance or malfeasance in office or that the Official has been convicted of a felony; and

(2) shall describe with specificity each alleged instance of misfeasance or malfeasance in office or shall state with specificity the nature of the felony conviction and shall provide specific information concerning the court in which the felony conviction was entered and the date of the conviction.

(b) At least two members of the Legislature must introduce a Removal Resolution. A Removal Resolution may not be adopted, nor may an Official be removed from office, unless this requirement has been fulfilled.

(1) unless the felony conviction was entered in a state or national court in the Federated States of Micronesia; and

(2) unless the Official has either failed to appeal the conviction within the time limits set by relevant law or exhausted all appropriate rights of appeal.

(a) A Removal Resolution shall be assigned to the Committee of the Whole which shall conduct an investigation and a full hearing on the Removal Resolution.

(b) The Official identified in the Removal Resolution shall be served with notice of the hearing at least 15 days prior to the date of the hearing.

(c) The Official shall have the right to counsel, the right to present testimonial and documentary evidence and to confront witnesses.

(d) The hearing shall be conducted in accordance with the procedures set forth at 2 Yap State Code 541 through 547.

(e) At the request of the Official or his attorney, the hearing date shall be continued for good cause shown.

(a) An affirmative vote of three-fourths of the members of the Yap State Legislature is required to adopt a Removal Resolution.

(b) A member of the Legislature shall not vote to adopt a Removal Resolution unless the member finds by a preponderance of the evidence that the accused Official has committed acts constituting misfeasance or malfeasance in office or that the Official has been convicted of a felony.

(c) Upon the adoption of a Removal Resolution, the Chief Clerk of the Legislature shall immediately cause to be served a notice of removal upon the Official identified in the resolution and upon the Director of Administrative Services and the Chiefs of Personnel and Finance.

Upon receiving notice that a Removal Resolution has been adopted, the Official shall not exercise the powers and duties of office and shall not receive the salary or benefits of office.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect the other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

	YSC, Title 2. The Legislature
	Chapter 6. Removal Procedures §601. Title. §602. Intent. §603. Definitions. §604. Procedure for removal: resolution. §605. Procedure for removal: hearing. §606. Procedure for removal: adoption of the resolution. §607. Official status. §608. Severability. §601. Title. This chapter shall be known as the "Yap State Removal Procedures Act." Source: YSL 2-84 §1, modified. Cross-reference: The constitutional provision on removal is found in Yap Const., Art. V, Sect. 20. §602. Intent. (a) The Yap State Legislature finds and affirms that it has authority to establish the rules and procedures for removal consistent with the Yap State Constitution. (b) The purpose of this chapter is to establish just and efficient procedures for removal of the Governor, Lieutenant Governor and Justices of the Yap State Court, as provided in Article V, Section 20, of the Yap State Constitution. Source: YSL 2-84 §2, modified. Cross-reference: The constitutional provision on removal is found in Yap Const., Art. V, Sect. 20. That section states: "Section 20. The Governor, Lieutenant Governor or a Justice of the State Court may be removed from office for misfeasance or malfeasance in office, or for conviction of a felony, by a vote of three-fourths of the members of the Legislature.". §603. Definitions. For the purpose of this chapter, unless otherwise required by the context: (a) "Malfeasance" means the performance of an act by an Official acting in his official capacity which is illegal or wrongful and which substantially affects or interferes with the successful performance of his duties. Malfeasance includes, but is not limited to, any conduct that violates a provision of the Yap State Constitution or any law or regulation of Yap State. (b) "Misfeasance" means the performance by an Official in his official capacity of any act in an illegal manner or in a manner so improper as to show deliberate neglect for the duties of his office or any such act not performed for a purpose consistent with the responsibilities of the Official's office. (c) "Official" means the Governor of Yap State, the Lieutenant Governor of Yap State, or a Justice of the Yap State Court. (d) "State" means the State of Yap. Source: YSL 2-84 §3, modified. §604. Procedure for removal: resolution. (a) An Official may be removed from office by the adoption of a resolution of the Yap State Legislature. Such a resolution shall be known as a Removal Resolution and: (1) shall provide that the Legislature has found that the accused Official has committed acts which constitute misfeasance or malfeasance in office or that the Official has been convicted of a felony; and (2) shall describe with specificity each alleged instance of misfeasance or malfeasance in office or shall state with specificity the nature of the felony conviction and shall provide specific information concerning the court in which the felony conviction was entered and the date of the conviction. (b) At least two members of the Legislature must introduce a Removal Resolution. A Removal Resolution may not be adopted, nor may an Official be removed from office, unless this requirement has been fulfilled. (c) An Official shall not be removed from office due to conviction of a felony: (1) unless the felony conviction was entered in a state or national court in the Federated States of Micronesia; and (2) unless the Official has either failed to appeal the conviction within the time limits set by relevant law or exhausted all appropriate rights of appeal. Source: YSL 2-84 §4, modified. §605. Procedure for removal: hearing. (a) A Removal Resolution shall be assigned to the Committee of the Whole which shall conduct an investigation and a full hearing on the Removal Resolution. (b) The Official identified in the Removal Resolution shall be served with notice of the hearing at least 15 days prior to the date of the hearing. (c) The Official shall have the right to counsel, the right to present testimonial and documentary evidence and to confront witnesses. (d) The hearing shall be conducted in accordance with the procedures set forth at 2 Yap State Code 541 through 547. (e) At the request of the Official or his attorney, the hearing date shall be continued for good cause shown. Source: YSL 2-84 §5, modified. §606. Procedure for removal: adoption of the resolution. (a) An affirmative vote of three-fourths of the members of the Yap State Legislature is required to adopt a Removal Resolution. (b) A member of the Legislature shall not vote to adopt a Removal Resolution unless the member finds by a preponderance of the evidence that the accused Official has committed acts constituting misfeasance or malfeasance in office or that the Official has been convicted of a felony. (c) Upon the adoption of a Removal Resolution, the Chief Clerk of the Legislature shall immediately cause to be served a notice of removal upon the Official identified in the resolution and upon the Director of Administrative Services and the Chiefs of Personnel and Finance. Source: YSL 2-84 §6, modified. §607. Official status. Upon receiving notice that a Removal Resolution has been adopted, the Official shall not exercise the powers and duties of office and shall not receive the salary or benefits of office. Source: YSL 2-84 §7, modified. §608. Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect the other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. Source: YSL 2-84 §8, modified.