YSC, Title 3.  The Executive
 
   
 
Chapter 1:  Executive
Branch Organization

Subchapter:
                      
I:    Title and Organization
 
                      II:   Departments and Offices
 
                      III:  Appointments, Confirmations, and Vacancies
 
                      IV:  Miscellaneous Provisions

                   

Subchapter I:  Title
and Organization

101.  Title.
102.  Executive organization.

     101.  Title.
     This chapter shall be known as "The Executive Branch Reorganization Act".

Source:  YSL 2-38 1, modified.

Cross-reference:  The Executive is established pursuant to Article VI of the Constitution of the State of Yap.  The constitutional provision regarding the executive power is found in Yap Const., Art. VI, Sect. 1.  That section states in pertinent part:  "The executive power of the State shall be vested in the Governor . . . ".

     102.  Executive organization.
     The Executive Branch of the Government of the State of Yap shall consist of the following departments and offices:

     (a)  Department of Education;

     (b)  Department of Health Services;

     (c)  Department of Public Works and Transportation;

     (d)  Department of Resources and Development;

     (e)  Department of Youth and Civic Affairs;

     (f)  Office of Administrative Services;

     (g)  Office of the Attorney General; and

     (h)  Office of Planning and Budget.

Source:  YSL 2-38 2, as amended by YSL 4-4 19, modified.

Cross-reference:  The constitutional provision regarding the establishment of executive and administrative offices is found in Yap Const., Art. VI, Sect. 8, 1. That section states in pertinent part:  "All executive and administrative offices, departments and instrumentalities of the State Government and their respective functions, powers and duties shall be established by law".

 

Subchapter II:  Departments
and Offices

121.  Heads of departments and offices.
122.  Department of Education.
123.  Department of Health Services.
124.  Department of Public Works and Transportation.
125.  Department of Resources and Development.
126.  Department of Youth and Civic Affairs.
127.  Office of Administrative Services.
128.  Office of the Attorney General.
129.  Office of Planning and Budget.

     121.  Heads of departments and offices.
     The titles of the heads of departments and offices established by section 102 of this chapter shall be as follows:

     (a)  Director of Education;

     (b)  Director of Health Services;

     (c)  Director of Public Works and Transportation;

     (d)  Director of Resources and Development;

     (e)  Director of Youth and Civic Affairs;

     (f)  Director of Administrative Services;

     (g)  Attorney General; and

     (h)  Director of Planning and Budget.

Source:  YSL 2-38 3, as amended by YSL 4-4 19, modified.

Cross-reference:  The constitutional provision regarding the supervision of each principal department is found in Yap Const., Art. VI, Sect. 8, 2.  That section states in pertinent part:  "Each principal department shall be under the supervision of the Governor and shall be headed by a single executive unless otherwise provided by law.  Such single executives shall be nominated and appointed by the Governor, with the advice and consent of the Legislature, to serve at the pleasure of the Governor during his term of office and until the appointment and qualification of their successors, except that the removal of the Attorney General shall be subject to the advice and consent of the Legislature".  Section 102 of this chapter is on executive organization.

     122.  Department of Education.
     The Department of Education shall be composed of the Divisions of Management and Support Administration, Yap Proper Schools Administration, and Neighboring Islands Schools Administration, and shall provide for, support and administer a State-wide system of public schools and instructions.

Source:  YSL 2-38 4.

Cross-reference:  The constitutional provision on education is found in Yap Const., Art. XII, Sect. 2.  That section states:  "The State Government shall provide for public education and schools.  Public elementary education shall be free.  Traditions and customs of the people of this State shall be taught in public schools as provided by law".  The statutory provisions on Education are found in Title 16 of this Code.

     123.  Department of Health Services.
     The Department of Health Services shall be composed of the Divisions of Public Health, Clinical Care, Dental Health, and Ancillary Services, and shall provide for the protection and promotion of public health, and administer medical and dental facilities of the State.

Source:  YSL 2-38 5.

Cross-reference:  The constitutional provision on health is found in Yap Const., Art. XII, Sect. 1.  That section states:  "The State Government shall provide for the protection and promotion of the public health, which may include the traditional practice of medicine".  The statutory provisions on Health and Welfare are found in Title 15 of this Code.

     124.  Department of Public Works and Transportation.
     The Department of Public Works and Transportation shall be composed of the Divisions of Contracts and Engineering Management, and Transportation, and shall operate and maintain such public works and provide for the engineering, construction, maintenance and operation of public improvements and facilities.

Source:  YSL 2-38 6, as amended by YSL 4-4 19.

Cross-reference:  The statutory provisions on Public Utilities are found in Title 14 of this Code.  The statutory provisions on Public Property, Purchasing and Contracts are found in Title 9 of this Code.

     125.  Department of Resources and Development.
     The Department of Resources and Development shall be composed of the Divisions of Agriculture and Forestry, Marine Resource Management, Commerce and Industries, Manpower Development and Employment Services, and Land Resources.  The Division of Land Resources shall consist of three subdivisions, and shall be composed of the Subdivisions of Public Land and Property, Land Registration, and Survey and Mapping.  The Subdivision of Public Land and Property shall assume all functions currently assigned to Lands and Surveys, except general administration which will be the responsibility of the Chief of the Division of Land Resources.  The Subdivision of Land Registration will assume all functions currently assigned to the Land Commission, except adjudication of land title disputes which shall be assumed by the municipal courts.  When the Subdivision of Land Registration identifies a dispute, that dispute is remanded to the appropriate municipal court for resolution.  Decisions of the municipal courts are appealable to the Yap State Court Trial Division on a trial de-novo basis.  Final decisions of both the municipal courts and the State Court are to be reported to the Division of Land Registration.  The Survey and Mapping Subdivision shall be responsible for the functions of surveying and mapping all lands in the State.  Surveying functions currently performed by the Department of Public Utilities and Contracts are transferred to this subdivision. The Department of Resources and Development shall promote economic development and the conservation and development of agriculture, mineral, forest, water, land and other natural resources.

Source:  YSL 2-38 7.

Cross-reference:  The constitutional provisions on Conservation and Development of Resources are found in Yap Const., Art. XIII.  Section 1 of Article XIII states:  "The State Government shall promote the conservation and development of agricultural, marine, mineral, forest, water, land and other natural resources".  The statutory provisions on the municipal court and the Yap State Court Trial Division are found in Title 4 of this Code.  The statutory provisions on Conservation and Resources are found in Title 18 of this Code. The statutory provisions on Planning and Economic Development are found in Title 20 of this Code.  The statutory provisions on Agriculture and Animals are found in Title 21 of this Code.

Commission Comment:  Pursuant to section 29 of YSL 2-38, the effective date section, the provisions concerning the Subdivision of Land Registration in the Department of Resources and Development of this section shall not take effect until October 1, 1990.

     126.  Department of Youth and Civic Affairs.
     The Department of Youth and Civic Affairs shall be composed of the Divisions of Youth Services, Media, and Civic Affairs, and shall facilitate communication between the State Government, its agencies, instrumentalities and political subdivisions, and other governments, their agencies and instrumentalities, and shall provide for historic and cultural preservation, youth initiative and recreation, operate broadcast facilities of the State, provide public information to the general public, and administer elections.

Source:  YSL 2-38 8.

Cross-reference:  The statutory provisions on Local Government are found in Title 6 of this Code.  The statutory provisions on Communications are found in Title 32 [Reserved] of this Code.  The statutory provisions on Elections are found in Title 7 of this Code.

     127.  Office of Administrative Services.
     The Office of Administrative Services shall be composed of the Divisions of Finance and Treasury, Personnel, Property Management, and Revenue, and shall provide for the administration and management of government finance, revenues, personnel and property.

Source:  YSL 2-38 9.

Cross-reference:  The constitutional provisions on Taxation and Finance are found in Yap Const., Art. IX.  The statutory provisions on Taxation and Finance are found in Title 13 of this Code.  The statutory provisions on Public Officers and Employment are found in Title 8 of this Code.  The statutory provisions on Public Property, Purchasing and Contracts are found in Title 9 of this Code.

     128.  Office of the Attorney General.
     The Office of the Attorney General shall be composed of the Divisions of Litigation and Public Safety, and shall provide legal services to the State Government, its agencies, instrumentalities and political subdivisions and promote and protect the safety and peace of the public, maintain order, enforce all laws, conduct criminal investigations and prosecution, provide necessary court attendants, serve legal processes, operate and administer penal and juvenile institutions, and operate fire protection equipment.

Source:  YSL 2-38 10.

     129.  Office of Planning and Budget.
     The Office of Planning and Budget shall be composed of the Divisions of Planning and Budget and shall formulate development plans, review and make recommendations on projects and programs of the State Government, coordinate all financial grants and assistance to the State Government, coordinate and prepare annual and long term budgets, compile statistical data, coordinate and mobilize all government resources, projects and programs, and monitor and report on the implementation of development plans and provide for disaster relief.

Source:  YSL 2-38 11.

Cross-reference:  The constitutional provisions on Taxation and Finance are found in Yap Const., Art. IX.  Art. IX, Sect. 7, 1, states in pertinent part:  "The Governor shall submit to the Legislature a budget setting forth a complete plan of proposed expenditures and anticipated receipts of the State Government, together with other information as the Legislature may require.  The budget shall be submitted in a form, at a time, and for fiscal years prescribed by law." The statutory provisions on Taxation and Finance are found in Title 13 of this Code.  The statutory provisions on Public Property, Purchasing and Contracts are found in Title 9 of this Code.

 

Subchapter III:  Appointments,
Confirmations, and Vacancies

151.  Appointment and confirmation.
152.  Temporary appointment of heads of department or office.
153.  Discretionary authority of the Governor as to vacancies.
154.  Duration of temporary appointments.
155.  Extra compensation while filling vacancies.
156.  Chief of divisions.
157.  Absence or disability of Governor and Lieutenant Governor.
158.  Vacancy in Office of Governor or Lieutenant Governor.

     151.  Appointment and confirmation.
     Heads of departments and offices, as provided in section 121 of this chapter, shall be nominated and appointed by the Governor, with the advice and consent of the Legislature, to serve at the pleasure of the Governor during his term of office and until appointment and qualification of their successors, except that the removal of the Attorney General shall be subject to the advice and consent of the Legislature.  The Governor shall nominate and appoint heads of departments and offices within 90 days after the commencement of his term.  If the Legislature does not confirm a nomination within 90 days after it has been submitted to the Legislature, the nomination shall be deemed to have been withdrawn.  Heads of departments and offices will continue to act in their capacities as heads until their appointment and qualification or appointment and qualification of their successors.

Source:  YSL 2-38 12, modified.

Cross-reference:  The constitutional provisions regarding appointments of heads of principal departments are found in Yap Const., Art. VI, Sect. 8.  That section states in pertinent part:  ". . . Each principal department shall be under the supervision of the Governor and shall be headed by a single executive unless otherwise provided by law.  Such single executives shall be nominated and appointed by the Governor, with the advice and consent of the Legislature, to serve at the pleasure of the Governor during his term of office and until the appointment and qualification of their successors, except that removal of the Attorney General shall be subject to the advice and consent of the Legislature."

     152.  Temporary appointment of heads of department or office.
     In case of the death, resignation, absence, sickness or removal of the head of any department or office, the first or sole assistant thereof shall, unless otherwise directed by the Governor, as provided by section 153 of this chapter, perform the duties of such head until a successor is appointed, or such absence or sickness shall cease.

Source:  YSL 2-38 13, modified.

     153.  Discretionary authority of the Governor as to vacancies.
     In any of the cases mentioned in section 152 of this chapter, except the death, resignation, absence, sickness or removal of the Attorney General, the Governor may authorize and direct the head of any department or office established by this chapter, or the Lieutenant Governor, to perform duties of the vacant office until a successor is appointed or the sickness or absence of the incumbent shall cease.

Source:  YSL 2-38 14, modified.

     154.  Duration of temporary appointments.
     An officer filling a vacancy pursuant to sections 152 or 153 of this chapter may not act in that capacity for a period to exceed 90 days, except if the Legislature extends the period by resolution.

Source:  YSL 2-38 15, modified.

     155.  Extra compensation while filling vacancies.
     An officer performing the duties of another office during a vacancy, as authorized by sections 152, 153 and 156 of this chapter, is not entitled to compensation in addition to that attached to his proper office.

Source:  YSL 2-38 16, modified.

     156.  Chief of divisions.
     The title of the head of a division established by sections 122 to 129 of this chapter shall be Chief of (subject of the division).  The head of a department or office established by section 102 of this chapter may act as a Chief of a division within his department or office with the concurrence of the Governor.

Source:  YSL 2-38 17, modified.

     157.  Absence or disability of Governor and Lieutenant Governor.
     In the event of the absence of the Governor and Lieutenant Governor from the State of Yap, or the inability of both, or the Lieutenant Governor, to exercise and discharge the powers and duties of their offices, such duties shall devolve upon the following officers during such absence or disability in the following order of succession:

     (a)     Director of Administrative Service;

     (b)     Director of Youth and Civic Affairs;

     (c)     Director of Planning and Budget;

     (d)     Director of Resources and Development;

     (e)     Attorney General;

     (f)     Director of Education;
 
     (g)     Director of Public Utilities and Contracts; and

     (h)     Director of Health Services.

Source:  YSL 2-38 18, modified.

Cross-reference:  The constitutional provision regarding the exercise of power during the absence or disability of the Governor and Lieutenant Governor is found in Yap Const., Art. VI, Sect. 4.  That section states in pertinent part:  ". . . During the absence or disability of both the Governor and Lieutenant Governor, a head of a principal executive department shall exercise the powers and duties of the Office of Governor."

     158.  Vacancy in Office of Governor or Lieutenant Governor.
     A vacancy in the Office of Governor or Lieutenant Governor shall be determined by the State Court upon presentation to it of a resolution declaring the ground of the vacancy, adopted by a vote of two-thirds of the members of the Legislature.

Source:  YSL 2-38 19, modified.

Cross-reference:  The constitutional provision on succession in the Office of Governor and Lieutenant Governor is found in Yap Const., Art. VI, Sect. 4.  That section states in pertinent part:  "The Lieutenant Governor shall exercise and discharge the powers and duties of the Office of the Governor during the absence of the Governor from the State or the inability of the Governor to exercise and discharge his powers and duties.  In the event that the offices of both the Governor and Lieutenant Governor become vacant, the Speaker of the Legislature shall succeed to the Office of the Governor.  Succession to the Office of the Lieutenant Governor shall be prescribed by law."  The statutory provisions on the Judiciary are found in Title 4 of this Code.
 
 

Subchapter IV:  Miscellaneous
Provisions

171.  Temporary boards and commissions.
172.  Responsibility to municipalities.
173.  Legal services for departments and offices.
174.  Investigation of crimes involving government officials and employees.
175.  Annual reports.
176.  Compensation.
177.  Operation of Government.
178.  Supersession.

     171.  Temporary boards and commissions.
     The Governor may establish such temporary boards and commissions as deemed necessary to gather information or furnish advice for the Executive Branch.  The Governor may prescribe their organization, functions, and authority. A temporary board or commission shall not remain in existence beyond one year after the date of its establishment or beyond the period required to receive grants-in-aid from the United States or Federated States of Micronesia, whichever occurs later, unless extended by resolution of the Legislature.  All members of temporary boards and commissions shall serve without pay, but shall be entitled to reimbursement of necessary expenses while attending meetings and while in the discharge of duties and responsibilities.

Source:  YSL 2-38 20.

     172.  Responsibility to municipalities.
     The Department of Youth and Civic Affairs shall advise and assist municipal governments.  Other departments and offices of the State Government shall support the Department of Youth and Civic Affairs in carrying out this responsibility.

Source:  YSL 2-38 21.

Cross-reference:  The statutory provision designating the composition and responsibilities of the Department of Youth and Civic Affairs is found in section 126 of this chapter.  The constitutional provision on Local Government is found in Yap Const., Art. VIII.  The statutory provisions on Local Government are found in Title 6 of this Code.

     173.  Legal services for departments and offices.
     The Attorney General shall give all opinions and render all services  requiring the skill of an  attorney at law necessary to enable the Governor, heads of departments and offices, chiefs of divisions, and other officers of the State Government to discharge their respective duties, and shall, on behalf of the State Government, procure the proper evidence for, and conduct, prosecute or defend all suits and proceedings in which the State Government, or any officers thereof, as such officer, is a party or may be interested.

Source:  YSL 2-38 22, modified.

Cross-reference:  The statutory provision designating the composition and responsibilities of the Office of the Attorney General is found in section 128 of this chapter.

     174.  Investigation of crimes involving government officials and employees.
     The Attorney General shall have the authority to investigate and prosecute any violation of the law involving government officials and employees.  Any information, allegation or complaint received in any Government branch, authority, agency, department or office relating to said violations shall be expeditiously reported to the Attorney General by the head or any employee of the branch, authority, agency, department or office.  The Attorney General may appoint independent counsels to investigate and prosecute any violation of the law pursuant to this provision.

Source:  YSL 2-38 23, modified.

Cross-reference:  The statutory provision on misconduct in public office is found in section 508 of Title 11 (Crimes and Punishment) of this Code.

     175.  Annual reports.
     The heads of departments and offices shall submit annual reports to the Legislature at the commencement of each regular session.  The reports shall embrace the transactions, projects, programs, and operations of the department or office for the preceding year.

Source:  YSL 2-38 24, modified.

     176.  Compensation.
     Heads of departments and offices established by section 121 of this chapter shall receive compensation prescribed by law, provided that the Governor may prescribe such compensation by executive order for heads of departments and offices who are nominated and appointed by the Governor prior to the Legislature enacting law to prescribe their compensation.

Source:  YSL 2-38 25, modified.

Cross-reference:  The statutory provision on Executive salaries is found in section 401 of this Title.

     177.  Operation of Government.
     The Governor may provide for the operation of the Executive Branch by executive order, administrative regulation and directive consistent with this chapter.

Source:  YSL 2-38 26, modified.

Cross-reference:  The Governor has the responsibility for publication of all laws and resolutions one hundred twenty days after the close of each session of the Legislature pursuant to section 105 of Title 2 (Legislature) of this Code.

     178.  Supersession.
     Chapters 2, 3, 4, 5, 7, 9, and 10 of Title 67 of the Trust Territory Code are hereby superseded.

Source:  YSL 2-38 27.

Commission Comment:  Pursuant to section 29 of YSL 2-38, the effective date section, the provisions concerning the Subdivision of Land Registration in the Department of Resources and Development in section 125 and this section shall not take effect until October 1, 1990.