Article III
TRADITIONAL LEADERS
AND TRADITIONS

     Section 1.  Due recognition shall be given to the Dalip pi Nguchol and their traditional and customary roles.

Constitional amendment:  New Section 1 was added by a constitutional amendment adopted by Yap State voters on November 7, 2006 and certified by the Yap State Election Commissioner on November 24, 2006.  The amendment was set forth in Proposal No. 2004-65, D2 of the 2004 Yap Constitutional Convention.

     Section 2.  There shall be a Council of Pilung and Council of Tamol which shall perform functions which concern tradition and custom.

Constitional amendment:  Section 1 was renumbered as Section 2 by a constitutional amendment adopted by Yap State voters on November 7, 2006 and certified by the Yap State Election Commissioner on November 24, 2006.  The amendment was set forth in Proposal No. 2004-65, D2 of the 2004 Yap Constitutional Convention.


     Section 3.  Due recognition shall be given to traditions and customs in providing a system of law, and nothing in this Constitution shall be construed to limit or invalidate any recognized tradition or custom.

Case annotations:  Since under Yapese custom a daughter in her adult years may be expected to provide certain services for her mother, the loss of such customary services should be considered in calculating the mother's pecuniary injury resulting from her daughter's death.  Leeruw v. FSM, 4 FSM Intrm. 350, 365 (Yap 1990).

Given that a 19-year old daughter is considered a child under Yapese custom, that the decedent was a 19-year old daughter who up to the time of her death continued to live with her parents in Yap and to perform those household chores expected under custom of young female persons within families in Yap, and that the parents were accompanying their daughter en route to obtain medical services when she died, the daughter was a child within the meaning of 6 FSMC 503.  Leeruw v. FSM, 4 FSM Intrm. 350, 366 (Yap 1990).

Constitional amendment:  Section 2 was renumbered as Section 3 by a constitutional amendment adopted by Yap State voters on November 7, 2006 and certified by the Yap State Election Commissioner on November 24, 2006.  The amendment was set forth in Proposal No. 2004-65, D2 of the 2004 Yap Constitutional Convention. %) of the entire capital stock or in which he does not hold any office or employment. The Board shall establish procedures for the timely verification of this restriction by its general counsel. Source: S.L. No. 4L-65-98 §12, pending §2-113. Accounting and reporting. ( The Board shall adopt and maintain a system of accounting that is in accordance with generally accepted accounting principles applicable to public corporations. The system adopted shall require that: (1) The Board employ a firm of independent certified public accountants who shall examine and report to the Board, at least annually, upon the status of the financial records and accounts maintained by the Corporation, copies of any such reports to be furnished to the Governor and the Pohnpei Legislature; and (2) The Board report to the Governor and Legislature on the affairs of the Corporation. It shall present an annual report within 60 days after the end of each fiscal year and, if requested by the Governor or the Pohnpei Legislature, shall present special reports within 30 days after the end of each intervening quarter. Source: S.L. No. 4L-65-98 §13, pending §2-114. Budget preparation. ( The hospital administrator shall prepare, in advance of each fiscal year and under the supervision of the Board, an annual budget for the Corporation, taking into consideration anticipated capital and operational expenditures and anticipated revenues. The Corporation shall use the same fiscal calendar as that of the Pohnpei Government. The budget shall indicate the operational, capital, and maintenance requirements of the Corporation that will be met with the anticipated revenues of the Corporation, and such essential requirements as cannot be met without increase in the rate of revenues or outside financial assistance. Source: S.L. No. 4L-65-98 §14, pending §2-115. Supplemental budget requests. ( To the extent that the Corporation deems it necessary and advisable, the Corporation is authorized to seek appropriations from the Legislature and, to the extent approved by the Governor, grants from sources outside of Pohnpei of such funds as are necessary to supplement revenues to provide for the operations, maintenance, and expansion of the public medical services in Pohnpei. Source: S.L. No. 4L-65-98 §15, pending §2-116. Corporation finances: fund established. ( (1) There is hereby established a fund that shall be known as the “Pohnpei Public Hospital Corporation Fund,” which shall be maintained separate and apart from other funds of the state by the Corporation, and independent records and accounts shall be maintained in connection therewith, and a full accounting of all uses of this fund shall be included in the annual report of the Corporation as required by §2-113. (2) All monies received by the Corporation from whatever source derived shall be deposited in said fund, or in such other funds as may be established, pursuant to this chapter, in bank accounts to the extent required by law by the government of the Federated States of Micronesia or of the United States of America. (3) All expenditures, except as otherwise provided by law, shall be made from the fund herein established. (4) There is hereby authorized for appropriation from such funds of the Pohnpei Treasury such sums to be determined annually in the Comprehensive Budget Act, or so much thereof as may be necessary, for the purpose of supplementing the assets of the fund established by this section. All such appropriations shall be deposited in the Pohnpei Public Hospital Corporation Fund established un