YSC, Title 19.  Recreation & Parks
 
 
 
Chapter 1.  Yap Sports Council

Subchapters:
                      
I:     General Provisions

                      II:    The Council

                      III:    Board of Directors
 
                      IV:   Miscellaneous Provisions

 

Subchapter I:  General Provisions

101.  Short title.
102.  Intent.
103.  Definitions.

     101.  Short title.
     This chapter shall be known and may be cited as the . Yap Sports Council Act. .

          Source:  YSL 4-65 1, modified.

     102.  Intent.
     It is the intent of the Legislature to promote and encourage sports participation at every level of our society and to encourage good sportsmanship, awareness of sports rules and regulations, and to improve Yap. s athletic ability for participation in any sporting event wherever they may be held, through the creation of a Yap Sports Council.  The Council is intended to serve as a consolidator, facilitator, developer and promoter of sports activities and programs in Yap State.  It is further intended to promote unity among residents of the State of Yap through sports activities, leagues, competitions, tournaments, and other events.

          Source:  YSL 4-65 2, modified.

      103.  Definitions.
 
     As used herein, unless otherwise indicated:

     (a)  . Attorney General. means the Yap State Attorney General.

     (b)  . Board. means the Board of Directors of the Council.

     (c)  . Council. means the Yap Sports Council.

     (d)  . Government. means the Government of the State of Yap including its agencies and instrumentalities created by law.

          Source:  YSL 4-65 4, modified.

          Cross-reference:  The statutory provisions on the Office of the Attorney General are found in subchapter II of chapter 1 of Title 3 of this Code.

Subchapter II:  The Council

111.  Yap Sports Council; created.
112.  Purpose.
113.  Powers and duties.
114.  Designation.
115.  Annual Report.
116.  Funds collected.

     111.  Yap Sports Council; created.
 
     There is hereby created the Yap Sports Council herein referred to as the . Council. .

          Source:  YSL 4-65 3, modified.

     112.  Purpose.
 
     The purpose of the Council shall be:

     (a)  To promote, regulate, and coordinate sports activities, facilities, and events in Yap State by establishing rules and regulations for different sport activities;

     (b)  To regulate sports activities which are being conducted by private persons when the Council is requested by such persons;

     (c)  To regulate, coordinate and support all sports activities that receive government fundings or assistance;

     (d)  To develop and establish a yearly sports program which is aimed to reach every island and municipality, and encourage community and municipal support and involvement in the promotion and development of sports in the State;

     (e)  To seek outside funding for sports development and activities in the State;

     (f)  To encourage the development and establishment of major sports facilities and the procurement of sports equipment; and

     (g)  To coordinate and promote sports and other recreational activities with all the schools in the State.

          Source:  YSL 4-65 5, modified.

     113.  Powers and duties.
 
     The  Council shall have the following powers and duties:

     (a)  To act as the sole official representative in and for Yap State for the purposes of establishing affiliation with and representation in athletic and sports organizations, bodies, associations, councils, federations and conferences, of other states, territories, nations or regions, or agencies or instrumentalities thereof, for participation in international athletic and sports events, and other related purposes;

     (b)  In conjunction with the State government, sports clubs, and sports associations, to regulate the usage of and to operate and maintain the sports facilities and fields of the government, as may be more fully defined in a memorandum to be executed between the Council, the Department of Youth and Civic Affairs, the Department of Resources and Development, the Department of Education, the Department of Public Works and Transportation, the Office of the Governor, the Council of Pilung, and the Council of Tamol;

     (c)  To assist sports clubs and associations in affiliating with their respective bodies and in conforming with the technical rules laid down by these federations;

     (d)  To support sports teams, clubs, or groups in their promotion and regulation of sports competition in the State of Yap and to foster the interests and inter-relationships of the clubs and associations;

     (e)  To sanction the status of Yap athletes;

     (f)  To promote the construction and, where appropriate, the standardization of sports facilities in the State;

     (g)  To enter into contracts and execute all instruments necessary or appropriate in the exercise of any of its powers;

     (h)  To sue or be sued in its own name to the extent authorized by the Government Liability Act of 1986;

     (i)  To adopt such rules and regulations pursuant to the State Administrative Procedure Act as may be necessary for the exercise of the powers and performance of the duties conferred or imposed upon the Council or the Board by this chapter;

     (j)  To adopt, amend and repeal by-laws and other directives as may be necessary for the conduct and administration of the Council. s activities and the exercise of the powers and performance of the duties conferred or imposed upon the Council or the Board by this chapter;

     (k)  To acquire, subject to the laws of the State of Yap, by grant, purchase, gift, devise or lease, and hold and use any  real or personal property or equipment necessary or convenient or useful for the carrying on of any of the Council. s powers pursuant to the provisions of this chapter;

     (l)  To sell, rent, exchange or otherwise dispose of, encumber, improve or remove any property of the Council or any interest therein, and to provide for any services in connection with any property, real or personal, of the Council subject to the laws of the State of Yap;

     (m)  To establish reasonable charges for any of the Council. s services, where it deems appropriate and to otherwise provide for a means of raising funds and revenue, and to determine the character of and necessity for the Council. s obligations and expenditures and the manner in which they shall be incurred, allowed and paid;

     (n)  To establish and delegate its authority to any committee  or  subcommittee of the Board of Directors, and to determine the composition, duties and powers of any such committee; and

     (o)  To do any and all things necessary or appropriate to carry out and further the purposes of this chapter.

          Source:  YSL 4-65 6, modified.

        Cross-reference:  The statutory provisions on the Departments of Youth and Civic Affairs,  Resources and Development, Education, and Public Works and Transportation are found in subchapter II of chapter 1 of Title 3 of this Code.  The statutory provisions on the Government Liability Act of 1986 are found in chapter 1 of Title 31 of this Code.  The statutory provisions on the Administrative Procedure Act are found in chapter 1 of Title 10 of this Code.

The constitutional provisions regarding councils of traditional leaders and traditions are found in Yap Const., Art. III, Sections 1 and 2.  Those sections state:
 
               .Section 1.  There shall be a Council of Pilung and Council of Tamol which shall perform functions which concern tradition and custom.  . . ..

     114.  Designation.
 
     The Council is the official body for sports in the State.  All matters related to official sport activities shall be presented to and through the Council.  The Council shall be the official representative responsible for all sports competition invitations received by the government, and for sports activities that receive government funding or assistance.  The Council may regulate the use of sports facilities owned by the government pursuant to section 6(b) of this chapter.

          Source:  YSL 4-65 8, modified.

     115.  Annual Report.
 
     Within 90 days after the end of each fiscal year, an annual report on the activities and finances of the Council, including financial statements, shall be transmitted to the Governor, the Speaker of the Legislature, the Public Auditor, the Chairman of the Council of Pilung, and the Chairman of the Council of Tamol.  The fiscal year cycle of the Council shall be the same as the government.
 
          Source:  YSL 4-65 10, modified.

     116.  Funds collected.
 
     The Council shall deposit all funds received by it in insured or fully collateralized accounts.  Unless otherwise provided by law or the granting authority, all such funds received by the Council shall not revert to the General Fund of the State of Yap.

          Source:  YSL 4-65 11, modified.

             Cross-reference:  The statutory provisions on the General Fund of the State of Yap are found in chapter 1 of Title 13 of this Code.

Subchapter III:  Board of Directors

121.  Board of Directors: terms; officers; compensation; disqualifications and removal;
   vacancy; and by-laws.

     121.  Board of Directors: terms; officers; compensation; disqualifications and removal; vacancy; and by-laws.

     (a)  The Council shall be governed by a Board of 11 directors.  Unless excused by the Board, an officer who misses three meetings of the officers of the Board shall be terminated as an officer of the Board.
 
     (b)  The members of the Board shall be as follows:

  (1)  Three members appointed by the Governor one of whom shall be designated by the Governor to act as Chairman of the Board until the Board is organized;

  (2)  Two members appointed by the Speaker;

                 (3)  Two members appointed by the Council of Pilung;

                 (4)  Two members appointed by the Council of Tamol; and

  (5)  Two members appointed by the Congress of the Federated States of Micronesia, Yap Delegation Office.

     (c)  Directors shall hold membership on the Board for a period of four years, subject to reappointment and until their successors have been appointed.

     (d)  Seven directors shall constitute a quorum at any Board meeting.  A simple majority of the quorum shall be necessary for the transaction of all business.

     (e)  Any member of the Board may be removed from the Board by the appointing authority or by the Board for inefficiency, neglect of duty, or misconduct in office.

     (f)  Any vacancy on the Board created by resignation, removal or death shall be filled in the same manner as the original appointment but for a new term.

     (g)  The by-laws of the Council shall govern the election of officers of the Board, the term of office, powers, duties and responsibilities of the officers, the compensation of the members and officers of the Board, and the disqualifications for conflicts of interest and the removal of officers of the Board.  Furthermore, the by-laws shall also:
 
(1)  Establish a policy that is designed to assure broad public participation with respect to the Council. s activities;

               (2)  Provide for an officer rotation process to assure their regular rotation;

(3)  Establish proper financial handling and accounting standards approved by the Director of the Office of Administrative Services and Public Auditor; and

(4)  Establish procedures to assure public access to all information held by the Council.

          Source:  YSL 4-65 7, modified.

             Cross-reference:  The statutory provisions on the Office of Administrative Services are found in subchapter II of chapter 1 of Title 3 of this Code.

Subchapter IV:  Miscellaneous Provisions

131.  Sports Services.
132.  Severability.

     131.  Sports Services.

     (a)  Upon request of the Council, the Executive Branch, including government corporations and agencies, the Council of Pilung, and the Council of Tamol shall provide reasonable support and logistic services to the Council or its designee(s).

     (b)  If funding is available, the Council may hire a full-time employee and such other employees as may be necessary.  The employees shall be under the supervision of the Council for the implementation and administration of this chapter.  Such employees shall be exempted from the State Public Service System Act.

     (c)  The Attorney General shall be legal counsel to the Council.

          Source:  YSL 4-65 9, modified.

              Cross-reference:  The statutory provisions on the Executive Branch are found in Title 3 of this Code.  The  statutory provisions on the councils of traditional leaders are found in Title 5 of this Code.  The statutory provisions on the Public Service System Act are found in chapter 1 of Title 8 of this Code.  The statutory provisions on the State Attorney General are found in  section 128 of subchapter I of chapter 1 of Title 3 of this Code.

     132.  Severability.
 
     If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this 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 4-65 12, modified.