DRAFT CSC, Title 17.  Economic Development
 
CHAPTER 8
Southern Namoneas
Development Authority

1231.  Establishment.
1232.  Area of service.
1233.  Purpose of Authority.
1234.  Board of Directors.
1235.  Powers of the Authority.
1236.  Suits and legal representation.
1237.  Management.
1238.  Annual budget.
1239.  Executive Director.
1240.  Budget and Finance Officer.
1241.  Accounts and records.
1242.  Taxation of the Authority.
1243.  Personnel administration.
1244.  Notification to Municipal Governments regarding projects.
1245.  Land acquisition and relocation assistance.

      1231.  Establishment.
     The Southern Namoneas Development Authority is hereby established as a public corporation under the laws of the State of Truk Chuuk and the Federated States of Micronesia.  The principal office of the Authority shall be at a location determined by the Board.

Source:  TSL 4-88, 1.

      1232.  Area of service.
     The Authority is hereby established to serve the following municipalities within the State of Truk Chuuk:

     (1)  Fefan;

     (2)  Dublon  Tonoas;

     (3)  Uman;

     (4)  Tsis; and

     (5)  Parem.

Source:  TSL 4-88, 2, modified.

      1233.  Purpose of Authority.
     The Authority shall identify the development needs of its area of service; and shall promote, by its own activity and that of others, economic development in coordination and cooperation with State and National Government, and private and cooperative enterprises.

Source:  TSL 4-88, 3.

      1234.  Board of Directors.

     (1)  Establishment.  There shall be a Board of Directors of the Southern Namoneas Development Authority which shall have general management and control over the Authority;

     (2)  Composition.  The Board shall be composed of 14 members. The magistrate from each of the municipalities named in Section 1232 thereof of this Chapter, the Councilman appointed by the municipal council thereof; and the three of the State Senators and Representatives, one from each of the three Legislative election districts, and the National Senator representing the area.

     (3)  Terms of Office.  Terms of office of municipal representatives shall be for a period of three years, except that initial terms of office and filling of vacancies shall be as provided in this Act Chapter.  The terms of office shall commence on the day of the first meeting of the Board.

     (4)  Organization Meeting.  Not later than 60 sixty (60) days after the effective date of this Act Chapter, the Board shall meet to select its officers and conduct such other business as it shall deem available.  At the first such meeting, the members of the board representing the municipalities shall determine by lot the length of their initial terms as follows:

     (i)  (a)  five for one year;

     (ii) (b)  five for two years; and

     (iii) (c) four for three years.

The first meeting of the Board shall be called by the National Senator, who shall preside at such meeting until the officers named in Subsection (7) of this Section have been selected.

     (5)  Vacancies.  Each vacancy on the Board shall be filled for the unexpired portion of the term in the same manner as originally filled. Upon a determination that a vacancy exists, the Chairman, or in his absence, the presiding officers of the Board shall issue a notice of vacancy to all members of the Board and to the municipal government responsible for filling the vacancy.

     (6)  Removal.

     (i)  (a)  Members of the Board may be removed from the Board, for failure to attend three consecutive meetings of the Board, or for incompetence, neglect of duty, or malfeasance in office;

     (ii) (b)  Removal of a member shall be by a three-fourths (3/4) vote of all other members of the Board.  Notification of intent to call for removal pursuant to this Section shall be made at least thirty days in advance, by means which shall be described in the bylaws of the Authority, and shall include a summary of the basis of the charges against the member and identification of the witnesses to be called and evidence to be used;

     (iii) (c) The District Court in the State of Truk shall have jurisdiction to hear claims of wrongful removal.  Upon establishment of  the State The Supreme Court of the State of Truk Chuuk  shall assume jurisdiction to hear such claims of wrongful removal.

     (7)  Officers.  The Board shall elect from among its members a Chairman, Vice-Chairman, and Secretary-Treasurer.  The Chairman shall ordinarily preside at Board meetings.  In his absence the Vice-Chairman shall preside.  The bylaws shall designate the presiding officer in the absence of these officers.

     (8)  Regular Meetings.  Regular meetings shall be held not less than once per calendar quarter, at such time and place a shall from time to time be determined by the Chairman upon notice as shall be provided in the bylaws.

     (9)  Special Meetings.  Special meetings shall be called by the Chairman on his own initiative, or by petition by one-third of the members, pursuant to notice as shall be provided in the bylaws.

     (10)  Quorum.  A quorum of all regular and special meetings and business of the Board shall be ten members.

     (11)  Executive Committee.  The Board may, pursuant to its bylaws, establish an Executive Committee, determine the membership thereof, and assign it responsibilities.

     (12)  Record of Meetings.  All meetings of the Board and the Executive Committee shall be public except when confidential matters relating to personnel are discussed.  The Secretary-Treasurer or in his absence another member designated by the bylaws shall keep full and accurate minutes of all meetings which, except for confidential matters relating to personnel, shall be available for public inspection at reasonable times and places, as provided by law.

Source:  TSL 4-88, 4, as amended by TSL 5-23, 1 (10), modified.

      1235.  Powers of the Authority.
     The Authority, through its Board of Directors, shall have the following powers, obligations, and duties:

     (1)  To identify the needs for the economic, educational, and social development of the area served by the Authority, taking into account the cultural and social traditions of the area;

     (2)  To formulate plans and goals for the development of the resources of the area;

     (3)  To seek from all appropriate sources funds for the implementation of such plans;

     (4)  To administer programs and projects in furtherance of such developmental goals, either through its employees or by contract, or such other means as the Board deems advisable;

     (5)  To employ an Executive Director and a Budget and Finance Officer, and to set the terms of employment and to employ such administrative staff and other employees as may by required by law or deemed by the Board to be needed in furtherance of the goals of the Authority;

     (6)  To acquire in any lawful manner any property, real, personal, or mixed, tangible or intangible, or any interest therein; to hold, maintain and use the same; and to sell, lease or otherwise dispose of the same at such time, in such manner, and to the extent deemed necessary by the Board to carry out its purposes;

     (7)  To establish, maintain, operate, and engage in, upon its own account, any appropriate enterprise, undertaking, or activities in furtherance of the purposes of the Authority; and to receive payments thereof, such payments to go into the general revenues of the Authority;

     (8)  To enter into and perform such contracts or other agreements or transactions as may be necessary in the conduct of its business and on such terms as it may deem appropriate;

     (9)  To borrow money from time to time; provided however, that the debts of the Authority shall not be debts of the State of Truk Chuuk or any of its political subdivisions; the assets of the State Government or its political subdivisions shall not be used as security for the debts of the Authority, unless otherwise provided by law;

     (10)  To levy and collect charges, fees, and other payments for goods sold and services rendered by the Authority, except that no such levy shall be in the form of a tax or assessment levied against the general public, the users of public facilities, or property benefitted by actions of the Authority, unless specifically authorized by law;

     (11)  To execute, in accordance with its by-laws, all instruments necessary or appropriate in the exercise of its powers;

     (12)  To take such other actions and assume other responsibilities as may be necessary or appropriate to carry out the duties conferred upon it by law; and

     (13)  To approve by-laws, policies, and procedures, for the guidance and operation of the Authority.

Source:  TSL 4-88, 5.

      1236.  Suits and legal representation.

     (1)  The Authority may sue and be sued in its own name; provided that any liability incurred by the Authority, when not acting as an agent of the State or other governmental entity, shall not be a liability of the State or other governmental entity; and

     (2)  The State Attorney General of Truk Chuuk shall represent and assist the Authority in legal matters, except in cases of conflict of interest.

Source:  TSL 4-88, 6.

      1237.  Management.

     (1)  The Authority, through the Board, may receive, manage, invest, and disburse funds or other property which may be appropriated, granted, or  in any other manner received from any source for the purposes of the Authority.  The Authority may use governmental accounting procedures or, if appropriate, such financial or accounting system as may prescribed by law for commercial companies; and

     (2)  The Authority may purchase supplies, equipment, and materials through its own purchasing procedures or governmental purchasing procedures as it may deem appropriate.

Source:  TSL 4-88, 7.

      1238.  Annual budget.
     The Board shall prepare and submit a budget for the Authority for each governmental fiscal year, in the manner provided by law for the preparation and submission of budgets of departments and offices in the State Government of Truk Chuuk Over-obligation and over-expenditure of funds are prohibited, and shall be punishable in the  same manner as provided for the State Government of Truk Chuuk.

Source:  TSL 4-88, 8.

      1239.  Executive Director.
     There shall be an Executive Director of the Authority, who shall be appointed by the Board to serve at its pleasure.  The Board shall establish the salary of the Executive Director.  The Executive Director shall be responsible for the management of the programs, projects, and other activities of the Authority, and shall employ, supervise, and terminate the employees of the Authority in accordance with general terms and rules of employment by the Board, except as provided in Section 10 thereof 1240 of this Chapter.

Source:  TSL 4-88, 9, modified.

      1240.  Budget and Finance Officer.
     The Executive Director shall appoint, with the concurrence of the Board, a Budget and Finance Officer, for such term as shall be provided in the by-laws. The Budget and Finance Officer shall receive and disburse all funds of the Authority.  Before entering into his duties, he shall execute, at the expense of the Authority, a good and sufficient bond in the sum of not less than $10,000, or such greater sum as may be established by the Board.  Said bond shall be made with one or more sufficient sureties authorized to do business in the Federated States of Micronesia; and shall be approved as to form by the Attorney General of the State of Truk Chuuk.  The Budget and Finance Officer shall serve at all times under the direct supervision of the Executive Director.

Source:  TSL 4-88, 10.

      1241.  Accounts and records.
     The Board and the Executive Director shall be jointly responsible to ensure that the Budget and Finance Officer prepares proper and complete books of accounts reflecting all income, expenditures, assets, and liabilities of the Authority, including appropriations, grants, and property.  The Board, not later than 60 sixty days after the close of each governmental fiscal year, shall submit to the Governor and the President and the Speaker of the Legislature a complete report showing the activities of the Authority during the fiscal year, the present condition of the Authority, and such other matters as the Board shall deem appropriate.  The State Auditor, or if there be no such officer, a licensed accountant appointed by the Board, shall inspect and audit all accounts of the Authority at least annually, and report thereon to the Governor and the President and Speaker of the Truk Chuuk State Legislature.

Source:  TSL 4-88, 11, modified.
 
      1242.  Taxation of the Authority.
     To the extent that the legislative capacity of the State of Truk Chuuk can prescribe, the Authority shall be treated as a governmental entity and shall be exempted from taxation in the same manner as a governmental entity with regard to its functions are governmental in character.  With respect to functions that the Authority may undertake that are commercial in character, the Authority shall be treated as a non-profit commercial enterprise.

Source:  TSL 4-88, 12.

      1243.  Personnel administration.

     (1)  The Authority may establish its own personnel system and policies, independent of the Truk Chuuk State Public Service System; or may, by appropriate resolution of the Board addressed to the Governor be included in the Truk Chuuk State Public Service System for purposes of its personnel administration; provided that, if the Authority chooses to be included in the State Public Service System, the Board may designate from time to time such positions as it deems appropriate to be exempted from that system;

     (2)  All employees of the Authority, including the Executive Director and the Budget and Finance Officer, if members of the Truk Chuuk State Public Service System immediately prior to their employment with the Authority, shall continue to accrue such rights as their seniority entitles them during employment with the Authority;

     (3)  The Board may, by general rules applicable to all employees, assign to such employees levels of wages and benefits that take into account, in whole or in part, their prior governmental employment; and
 
     (4)  The Truk Chuuk State Government shall provide to all former employees of the Authority, who shall have terminated their employment in good standing, such rights of employment and seniority as their service to the Authority, as well as prior government service, would entitle them as if all such service were with the Truk Chuuk State Government, the Government of the Federated States of Micronesia, or the Trust Territory Government.

Source:  TSL 4-88, 13, modified.

      1244.  Notification to Municipal Governments regarding projects.
     The Authority shall endeavor to inform affected municipal governments of any projects planned for their communities at the earliest practical opportunity and shall continue to inform the municipal governments and members of the public of the nature of the projects and any substantial changes in their plans.

Source:  TSL 4-88, 14.

      1245.  Land acquisition and relocation assistance.

     (1)  Any activity of the Authority which requires the acquisition of a right in private real property shall be governed by the requirements of Chapter 16 and 17 of Title 67 of the Trust Territory Code Truk State Law 2-1.  The State Government shall be responsible for such property acquisition and relocation assistance; and

     (2)  The Authority shall promptly notify the State Government whenever it requires use or acquisition of private real property of the State or the Public Lands Authority.  The notification shall describe with specificity the property to be used or acquired, the reasons for its need, the extent and duration of possession required, alternative possibilities that have been considered and rejected and the reasons therefor, and the date by which such acquisition or use is expected to commence. Any rights in private property acquired for the benefit or use of the Authority shall be held by the State Government, except as otherwise specifically provided by the law.

Source:  TSL 4-88, 15, modified.