Chuuk Constitution Article 06

Section 1. The executive power of the State Government is vested in the Governor. The Governor shall faithfully execute and implement this Constitution and all state laws.

Case annotations: The Governor, as all public officials, occupies a fiduciary relationship to the state he serves, may not use his official power to further his own interest, and shall cooperate with any legislative investigating committee. In re Legislative Subpoena, 7 FSM Intrm. 261, 266 (Chk. S. Ct. Tr. 1995).

(a) The Governor may, except in cases of impeachment, grant pardons, reprieves, and commutations, but only after conviction and after receipt of a favorable recommendation by a board prescribed by statute. No pardon, reprieve, or commutation may be granted to a person for a crime committed while holding the office of Governor, Lieutenant Governor, Justice of the State Supreme Court, or member of the Legislature.

(b) The Governor may, with the advice and consent of a majority of all the members of the Senate, appoint the Chief Justice and Associate Justices of the State Supreme Court, the principal officers of the executive offices and departments in the State Government, and the principal advisors to the Governor. The principal officers and advisors serve during the current term of the appointing Governor unless sooner removed by the Governor.

Case annotations: Because the Office of the Chuuk Attorney General is not a constitutional officer but rather is a principal officer of the executive and advisor to the governor and serves at his pleasure the Chuuk Attorney General cannot prosecute the governor. That would be the constitutional responsibility of the Independent Counsel. In re Legislative Subpoena, 7 FSM Intrm. 259, 260 (Chk. S. Ct. Tr. 1995).

The governor does not have free reign to use the Attorney General’s Office to litigate private matters outside the scope of his duties as governor, but until such time as he ceases to be able to act as governor pursuant to a bill of impeachment or other constitutional process he may utilize that office’s services to litigate such matters as concern his acts as governor. In re Legislative Subpoena, 7 FSM Intrm. 259, 261 (Chk. S. Ct. Tr. 1995).

Section 3. Unless acting in a temporary capacity as prescribed by statute, no unconfirmed person may hold an office or position requiring the advice and consent of the Senate beyond adjournment sine die of the Senate if in session when the appointment is made, or, if not in session, beyond adjournment sine die of the next session of the Senate. If the Senate has at least 10 working days to act on an appointment before adjournment sine die and fails to reject it, the appointment is deemed confirmed. A person whose appointment has been rejected may not again be appointed to the same position during the current term of the appointing Governor.

(a) The Governor shall make an annual report on the condition of the State of Chuuk during the Legislature's regular session, may make other reports as the Governor deems necessary, and may make recommendations to the Legislature.

(b) A resolution of the Legislature directed to the Governor shall be answered in writing within 30 days after it has been transmitted. If the Governor is requested to take action, the answer shall include a progress report or statement of the reason why the action is not feasible.

Section 5. No person is eligible to serve as Governor unless at least 35 years of age on the day of election, was a born Chuukese and is of Chuukese descent, has been a resident of the State of Chuuk for at least 25 years prior to the day of election, is a citizen of the Federated States of Micronesia, and has never been convicted of a felony.

Section 6. There shall be a Lieutenant Governor who shall have the same qualifications as the Governor. The Lieutenant Governor shall perform the duties assigned by the Governor and prescribed by statute.

Section 7. The Governor and Lieutenant Governor shall be elected jointly on a single ticket at a general election. The candidates for the 2 offices on the ticket receiving the majority of votes cast shall be elected. If a majority is not received, a runoff election between the candidates on the tickets receiving the two highest pluralities shall be held on the fourth Tuesday following the general election, as prescribed by statute.

Section 8. The Governor and Lieutenant Governor shall each serve for a 4 year term. The terms of the Governor and Lieutenant Governor shall begin at noon on the sixth Tuesday following the general election. The Governor and Lieutenant Governor may not serve for more than 2 consecutive terms. A person who has served more than 3 years of a term to which another person was elected shall be deemed to have served the entire term for purposes of this section.

Section 9. Except as limited by this Constitution, the Governor and Lieutenant Governor shall each receive an annual salary as prescribed by statute. They may hold no other public office or public or private employment or occupation.

Section 10. The executive departments of Health, Education, Transportation, Marine Resources, and Agriculture may not be divided, combined, or eliminated. Other executive departments may be established by statute. The powers, functions, and responsibilities of all executive departments shall be prescribed by statute.

(a) If the Governor dies, resigns, suffers a major incapacity, or is removed from office with one year or less of the term remaining, the Lieutenant Governor becomes Governor. However, if any such event occurs with more than one year of the term remaining, the Lieutenant Governor becomes Acting Governor until a Governor is elected and takes office. The election shall be held on the fifth Wednesday after the event occurs. If the Lieutenant Governor dies, resigns, is removed from office, or succeeds the Governor, the Governor shall appoint a Lieutenant Governor with the advice and consent of 2/3 of all of the members of the Senate. The order of succession after the Lieutenant Governor shall be the President of the Senate and the Speaker of the House of Representatives.

(b) If the Governor is impeached or temporarily disabled, the Lieutenant Governor shall become Acting Governor until the Governor is acquitted or is no longer disabled. If the Lieutenant Governor is also impeached or temporarily disabled, the President of the Senate and the Speaker of the House of Representatives shall become Acting Governor, in that order, until the Lieutenant Governor is acquitted or is no longer disabled. The Legislature shall establish procedures to determine the existence and termination of a temporary disability, which shall include physical or mental incapacity, disappearance, kidnaping, and total inability to discharge the powers and duties of the office.

(a) If required to preserve public peace, health, or safety at a time of extreme emergency caused by civil disturbance, natural disaster, or immediate threat of war or insurrection, the Governor may declare a state of emergency and issue appropriate decrees. A decree may not involve the expenditure of unappropriated public funds unless approved by the Legislature.

(b) A declaration of emergency may not impair the power of the judiciary except that the declaration shall be free from judicial interference for 15 days after it is first issued. A declaration of emergency may impair civil rights to the extent actually required for the preservation of peace, health, or safety.

(c) Within 15 days after the declaration of emergency, the Legislature shall convene at the call of the Speaker of the House of Representatives and the President of the Senate or at the call of the Governor to consider revocation, amendment, or extension of the declaration. Unless it expires by its own terms or is revoked or extended, a declaration of emergency is effective for 15 days.