Article XIV
GENERAL PROVISIONS

     Section 1.  Colonia shall be the State Capital, unless otherwise designated by law.  The Legislature shall provide for the designation and demarcation of the State Capital boundary.

Constitional amendment:  The underlined clause was 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. 2004-76, D2 of the 2004 Yap Constitutional Convention.


     Section 2.  There shall be a civil service system for the State Government, which shall be based upon merit principles.

Case annotations:  Section 23 of Yap State Law 1-35, affecting resignation and abandonment of employment positions, does not provide for administrative remedies or administrative appeal of any kind.  Dabchur v. Yap, 3 FSM Intrm. 203, 205 (Yap S. Ct. App. 1987).

Abandonment of a public office is a voluntary form of resignation wherein the employee's intention to relinquish his position must be clear, either through declaration or overt acts.Dabchur v. Yap, 3 FSM Intrm. 203, 207 (Yap S. Ct. App. 1987).

Where the statute in question classifies "constructive" abandonment as an employee ceasing work "without explanation" for not less than six consecutive working days, any explanation from the employee, written or verbal, would suffice to indicate the employer that the employee does not intend to relinquish his position absolutely.  Dabchur v. Yap, 3 FSM Intrm. 203, 207 (Yap S. Ct. App. 1987).

An employee who contests the factual allegation of voluntary abandonment is not entitled to any administrative remedies or administrative appeal, and has recourse only in the court.Dabchur v. Yap, 3 FSM Intrm. 203, 208 (Yap S. Ct. App. 1987).

     Section 3.  All public officers, before assuming the duties of their office, shall take and subscribe to the following oath or affirmation:  "I do solemnly swear that I will support and defend the Constitution of the State of Yap, and that I will faithfully discharge my duties as                         to the best of my ability, so help me God." The Legislature may prescribe further oaths or affirmations.

     Section 4.  No person may receive, use, or benefit from any government revenue, property, or service for personal benefit or gain, except as may be permitted by law.

     Section 5.  The indigenous languages of the State and English shall be official languages.

     Section 6.  The meaning of any provision of this Constitution shall be determined in accordance with the intent of the delegates.

     Section 7.  The people may enact, amend or repeal laws by initiative.  An initiative petition shall contain the full text of the proposed law, amendment or law to be repealed and shall be signed by not less than twenty-five percent of the registered voters of the State.  An initiative petition shall be filed with the Attorney General for certification.  An initiative petition certified by the Attorney General shall be submitted to the voters at the next general election and shall take effect if approved by a majority of the votes cast on the initiative.

     Section 8.  A citizen of the Federated States of Micronesia whose domicile is in this State is a citizen of the State.

     Section 9.  The Governor, Lieutenant Governor or member of the Legislature may be removed from office by recall.  A recall is initiated by a petition which shall identify the official sought to be recalled by name and office, state the grounds for the recall, and be signed by at least twenty-five percent of the persons qualified to vote for the office occupied by the official.  A special recall election shall be held not later than sixty calendar days after the filing of the recall petition.  An official shall be removed from office with the approval of a majority of the persons voting in the election.  A recall petition may not be filed against an official more than once per term or during the first year of a term in office.

     Section 10.  Special needs persons shall be accommodated in the manner provided by law.

Constitional amendment:  New Section 10 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. 2004-21, D2 of the 2004 Yap Constitutional Convention.