DRAFT CSC, Title 17.  Economic Development
 
CHAPTER 12
Faichuk Transportation and
Economic Development Authority

1361.  Short title.
1362.  Establishment.
1363.  Purpose.
1364.  Faichuk Transportation and Economic Development Authority; Board of Directors.
1365.  Faichuk Transportation and Economic Development Authority; Duties and powers.
1366.  Duties of the Commissioner of Transportation and Economic Development.

      1361.  Short title.
     This Act Chapter is and shall be known as the Faichuk Transportation and Economic Development Authority.

Source:  TSL 3-41, 1, as amended by TSL 5-21, 1, modified.

      1362.  Establishment.
     There is hereby established the Faichuk Transportation and Economic Development Authority, which shall be governed by the Faichuk Transportation and Economic Development Authority Board and operated through the office of the Commissioner of the Faichuk Transportation and Economic Development Authority who shall be selected by the Faichuk Transportation and Economic Development Authority Board.

Source:  TSL 3-41, 2, as amended by TSL 5-21, 1.

      1363.  Purpose.
     The purposes of the Faichuk Transportation and Economic Development Authority, hereinafter called the Authority, shall be to promote the development and improvement of the transportation facilities and services within the Faichuk area, which shall include roads, bridges, docks, and piers, channels, harbors, public and private transportation systems, supporting services and related functions and such other construction projects as may from time to time be approved by the Faichuk Transportation and Economic Development Authority Board.

Source:  TSL 3-41, 3, as amended by TSL 5-21, 1.

      1364.  Faichuk Transportation and Economic Development Authority Board of Directors.

     (a) (1)  Functions.  The functions of the Faichuk Transportation and Economic Development Authority Board of Directors, hereinafter called the Board, shall be as follows:

     (1) (a)  To hire the Commissioner of Transportation;

     (2) (b)  To approve the employment an termination of other Authority staff;

     (3) (c)  To approve plans and programs of the Authority;

     (4) (d)  To approve or disapprove the annual budget of the Authority and to transmit the same after approval, submit it to the Truk Chuuk State Legislature for final approval and fundings;

     (5) (e)  To approve policies for the operation of the Authority;

     (6) (f)  To approve all contracts and claim settlements in excess of five hundred dollars;

     (7) (g)  To approve all purchases and sales of the Authority in excess of five hundred dollars; and
 
     (8) (h)  To exercise, through the Office of the President of the Board, through committees of the Board, and through regular and special meetings of the Board, supervision over the Commissioner of Transportation of the Authority.

     (b) (2)  Membership.  The Board shall be composed of seven members as follows:

     (1) (a)  One member from each of the four sections in Tol Municipality shall be appointed by the Chairman of the Municipal Council.  These four members shall be residents of their respective sections and be eligible to vote in their municipal elections.  These members shall serve a term of four years.  One State Senator or Representative representing Election Precinct No. 6, the Faichuk Senatorial Region to be selected from the Senators and Representatives from that Precinct Region, and the National Senator from the Faichuk area shall be members of the Board and shall serve during their respective terms of office as State and National Senators.  No member may be simultaneously an employee of the Authority.

     (2) (b)  One member shall be appointed by the Governor of Truk Chuuk State.

     (c) (3)  Officers.  The Board shall select from among its members, except the Governor's appointee, the following officers as its first order of business at the first meeting in each calendar year:

     (1) (a)  President, who shall preside at meetings and exercise other normal functions of the office;

     (2) (b)  Vice-President, who shall act in the absence of the President and otherwise assist him in carrying out his duties;

     (3) (c)  Secretary, who shall record all proceedings of the Board meetings; and

     (4) (d)  Treasurer, who shall be responsible for the overall funding of the Authority.  The Treasurer shall be assisted by staff of the Authority.

     (d) (4)  Meetings of the Board.  The Board shall hold regular monthly meetings in the first week of each month, unless otherwise agreed by a majority of the members to hold the meetings on a different date.  The President shall give notice of each meeting at least one week in advance.

     (e) (5)  Special Meeting.  Special meetings of the Board may be held at any time and at the call of the President, provided each member is given at least three days notice of the meeting.

     (f) (6)  Quorum.  A quorum of any meeting shall be four members of the Board.

     (g) (7)  Removal.  Any member may be removed from the Board by two-thirds votes of the members for inefficiency, neglect of duty, or misconduct in office.

     (h) (8)  Vacancy.  In the event of a vacancy on the Board, such vacancy shall be filled in the same manner as the original appointment.

     (i) (9)  Compensation.  Members shall receive no compensation for their services, but shall be entitled to per diem at standard rates and reimbursements for travel costs when engaged in the official business of the Authority.

     (j) (10)   Assistance to other Authorities and Municipalities.  The Board may render and provide assistance as it may deem necessary and reasonable to other authorities and municipalities in Truk Chuuk when requested by such authorities and municipalities.

Source:  TSL 3-41, 4, as amended by TSL 2-11 [5-11], 1 and TSL 5-61, 1, modified.

      1365.  Faichuk Transportation and Economic Development Authority; Duties and Powers.
     The duties and powers of the Authority, governed by the Board and under the direction of the Commissioner of Transportation, and in furtherance of the purposes of the Authority, shall include but not be limited to the following:

     (1)  To carry out the programs approved by the Board, in accordance with the Board approved policies and procedures;

     (2)  To acquire personal property of all descriptions (in accordance with an approved budget) and to hold, use, maintain, operate, sell or otherwise dispose of the same in accordance with procedures approved by the Board;

     (3)  To enter into and perform such contracts, leases, cooperative agreements, or other transactions with an agency of the Trust Territory, Federated States of Micronesia, or with the Truk Chuuk State Government and the municipalities in Truk Chuuk State, or with any political subdivision thereof, or any firm, person, or association, as may be deemed necessary or appropriate to the conduct of the activities authorized under this Act Chapter;

     (4)  To prepare plans and programs for the development, improvement, extension, use and maintenance of roads, bridges, docks and piers, channels and harbors in the entire area of Faichuk;

     (5)  To prepare an annual budget of anticipated revenues and expenditures for the consideration and approval by the Board;

     (6)  To sue and be sued in its own name.

Source:  TSL 3-41, 5, modified.

      1366.  Duties of the Commissioner of Transportation and Economic Development.
     The duties of the Commissioner shall include, but not be limited to the following:

     (1)  To direct the implementation of the programs, policies, projects, and procedures of the Authority, as determined by the Board;

     (2)  To supervise the staff and the operation of the Authority;

     (3)  To report to the Board at each regular meeting and when requested by the officers;

     (4)  To employ and terminate staff personnel with the approval of the Board, and to carry out all other appropriate functions regarding Authority personnel;

     (5)  To authorize all expenditures of funds under Authority control, make contracts, acceptances, purchases, and sales with Board approval for such transactions in excess of five hundred dollars;

     (6)  To sign contracts in the amounts of five hundred dollars or less, and sign jointly with the Chairman of the Board contracts in excess of five hundred dollars;

     (7)  To recommend to the Board programs and plans, budgets, policies and procedures.

Source:  TSL 3-41, 6.