Lelu Town Municipal Charter
LELU TOWN
MUNICIPAL
CHARTER
| English Language Version | Page | |
Preamble . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
16 | |
Article VIII.I. Government . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
18 | |
Article VIII.II. Wisyen Masap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
18 | |
Article VIII.III. Sroasr Masap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
20 | |
Article VIII.IV. Nununku Masap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
22 | |
Article VIII.V. Finance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
22 | |
Article VIII.VI. Elections and Referenda . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
24 | |
Article VIII.VII. Recall and Impeachment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
26 | |
Article VIII. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
27 | |
Article VIII.IX. Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
28 | |
Article VIII.X. Language . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
28 | |
Article VIII.XI. Oath of Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
29 | |
Article VIII.XII. Transition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . |
29 | |
PREAMBLE
We, the people of Lelu Town, affirm our faith in human rights, in the equal rights of the men and women of our town. We seek to live together in peace with one another and promote and protect the general welfare of our people.
We, the people of Lelu Town, believe that Lelu is the traditional cultural center of Kosrae. The history and heritage of her people is the source of the inspiration and dedication we bring to the task of establishing our Town Government under this Charter.
We, the people of Lelu Town, dedicate ourselves, moreover, to the protection of our island's natural beauty and the traditional way of life we cherish.
We, the people of Lelu Town, believe that with each passing day we are drawn further into the larger world of State and National events and with each passing day our revered traditions and unique culture become more and more precious to us.
We, the people of Lelu Town, believe that through this Charter we seek to protect all that is sacred to our people. These goals may be reached through our participation in the democratic government we now institute in both the expressed will and common resolve of the Lelu Town people.
We, the people of Lelu Town, believe that with the blessing of God, Lelu Town will fulfill her destiny to protect and promote the general welfare of her people and to remain at all times the cultural center of Kosrae.
In attaining our common goal therefore, desirous of living in peace and harmony, we, the people of Lelu Town, join together to carry and uphold this Charter. ARTICLE I. GOVERNMENT
Section 1. The Municipality of Lelu shall also be called the Municipality of Lelu Town. The Government of Lelu Town shall also be called the Lelu Town Government.
Section 2. There shall be three branches of the Lelu Town Government. The three branches shall be known as Wisyen Masap, Sroasr Masap, and Nununku Masap.
ARTICLE II. WISYEN MASAP
Section 1. The Chief Executive of the Lelu Town Government shall be the Mayor. He shall serve a three year term. The Mayor may not serve more than two consecutive terms or a total of six years. In the event of a vacancy in the Office of the Mayor, a new Mayor shall be elected by a special election and he shall a new term, but if the new Mayor is appointed, he shall only serve the remaining term of the Mayor he replaces.
Section 2. It shall be the duty of the Mayor to execute and implement provisions of this Charter, all Lelu Town Government laws, ordinances, customs and traditions which are recognized by the people of Lelu.
Section 3. The Mayor may not hold another public office or employment when he is holding the position of Mayor.
Section 4. A person is ineligible to become Mayor unless he is forty years of age, registered as a citizen of Lelu, residing in Lelu not less than five years before the election, a registered voter and has not been convicted of a felony without having received a pardon one year before the election.
Section 5. It shall be provided by ordinance that the Mayor shall prepare and present a report on the improvements and needs of the government to the Sroasr Masap, Nununku Masap and the people so that they may know of the assistance needed by the government.
Section 6. If the office of the Mayor is vacant, or the Mayor is unable to perform his duties due to his illness or other reasons, he must appoint another person to that office to perform his duties until he is able to reassume his duties.
Section 7. In the event the Mayor dies, is seriously ill or disappears and/or cannot complete his term in his office, and if the remaining portion of that term is less than one year, the Sroasr Masap shall appoint a new person to fill and to serve the remaining portion of that term with the approval of two-thirds of the members of the Sroasr Masap.
Section 8. The Mayor shall have the power to veto a bill enacted by the Sroasr Masap which has been presented for his approval. The Mayor must inform the Sroasr Masap of his objections within twenty days after receiving the bill and he must return it to the Sroasr Masap no later than ten days after vetoing it with his objections. The Mayor shall have the power of a line item veto.
Section 9. The appointment of staff to work in the Office of the Mayor shall be accomplished by ordinance.
Section 10. The appointment of personnel to enforce the Charter and the ordinances of the Lelu Town Government shall be made by the Mayor with the approval of two-thirds of the members of the Sroasr Masap.
Section 11. The Mayor must keep accurate records and protect all property, including funds, of the Lelu Town Government.
ARTICLE III. SROASR MASAP
Section 1. Ordinances of the Lelu Town Government can be enacted by the Lelu Town Sroasr Masap.
Section 2. The Lelu Town Sroasr Masap shall consist of seven members who shall be elected by a vote of the registered voters of Lelu.
Section 3. A member of the Lelu Town Sroasr Masap may not hold another public office or employment when he is holding a position in the Sroasr Masap.
Section 4. A person is ineligible to become a member of the Sroasr Masap unless he is thirty years of age, registered as a voter in Lelu, resided in Lelu not less than the five years prior to the election and not convicted of a felony without having received a pardon one year before the election.
Section 5. If a seat of the Sroasr Masap is vacant for a year or more, there shall be a special election to fill that seat. If the unexpired term is less than one year it shall be filled by appointment by the Mayor with the consent of two-thirds of the members of the Sroasr Masap.
Section 6. Salaries of all persons working for the Lelu Town Government Shall be prescribed by ordinance.
Section 7. Salaries of the Sroasr Masap and the Mayor may not be increased by the Sroasr Masap enacting it. Salaries may be decreased by the Sroasr Masap if so required.
Section 8. The Lelu Town Sroasr Masap shall choose their own Chairman and other officers by ordinance.
Section 9. The Mayor must sign all bills passed by the Lelu Town Sroasr Masap before they become ordinances of the Lelu Town Government, except, if the Mayor fails to sign a bill within thirty days after receiving the bill it shall become an ordinance.
Section 10. The Lelu Town Sroasr Masap has the power to override a vetoed ordinance if approved by two-thirds of the members.
Section 11. All ordinances become effective if approved by four members of the Lelu Town Sroasr Masap.
Section 12. Four times each year the Lelu Town Sroasr Masap shall meet in regular sessions open to the public. Special sessions shall be called by the Chairman when required.
Section 13. All bills passed by the Sroasr Masap shall be Signed by the Chainman and transmitted to the Mayor for approval.
ARTICLE IV. NUNUNKU MASAP
Section 1. The Lelu Town Government may create a Town Court as provided by law.
Section 2. The Mayor may appoint a Judge with the advice and consent of two-thirds of the Lelu Town Sroasr Masap after the Lelu Town Court has been created. An additional Associate Judge may be added by ordinance.
Section 3. The Lelu Town Sroasr Masap may enact an ordinance to provide for the needs of the Town Court.
ARTICLE V. FINANCE
Section 1. A Treasury shall be created for the Lelu Town Government. To control and operate this Lelu Town Treasury, an Office of the Treasury shall be established.
Section 2. Employees and other officers working in the Treasury shall be appointed or shall be hired in accordance with ordinance.
Section 3. Taxes and other methods by which the Treasury of Lelu Town shall receive money shall be prescribed by the State or the Lelu Town Government.
Section 4. Any public money received by the Lelu Town Government shall be deposited in the Lelu Town Treasury. No funds may be withdrawn from the Lelu Town Treaury except in accordance with ordinance.
Section 5. Regular statements accounting for all public money received, obligated or expended shall be published by the Lelu Town Treasurer as prescribed by ordinance.
Section 6. The Sroasr Masap may not appropriate or authorize funds in excess of estimated available revenues of the Lelu Town Government. An ordinance shall be enacted to specify the duration of each project for which money is appropriated.
Section 7. No funds or other properties of the Lelu Town Government may be withdrawn or removed without good reason.
Section 8. The budget shall be required to have a detailed plan of all expenditures, including an explanation of all expected expenditures. It shall be the duty of the Sroasr Masap to approve or disapprove the budget. The budget's expenditures shall be presribed by ordinance.
Section 9. There shall be an audit of all expenditures of the Lelu Town Government as prescribed by ordinance.
ARTICLE VI. ELECTIONS AND REFERENDA
Section 1. Election for every office in the Lelu Town Government shall be conducted on an at-large basis. The following rules apply in the determination of any election of the Lelu Town Government:
(a) In the election for Mayor the candidate who receives a percentage of votes cast which equals or exceeds forty-five percent Shall be declared the winner. In the event that no candidate receives a number of votes equivalent to or greater than forty-five percent of the votes cast, a run-off election shall be held between the two candidates who receive the highest percentage of the votes cast. The winner of the run-off election shall be declared winner of the election.
(b) In the election for the Lelu Town Sroasr Masap the seven candidates who receive the highest percentage of the votes cast shall be declared winners.
(c) If there is a tie for the seventh place in the election for Sroasr Masap a run-off election shall be held between the Candidates who are tied for the seventh place.
Section 2. An election shall be held every three years with such special elections being held at other times as may be authorized by ordinance. A majority vote of those voting shall determine any question or contest put to electorate unless otherwise provided in this Charter or by ordinance.
Section 3. Voting shall be by secret ballot. All ballot cast shall be brought to the Lelu Town Office for counting.
Section 4. The Sroasr Masap shall establish rules for voter registration, filing for candidacy, vote counting, special elelction procedures, campaign practices and other matters necessary to ensure fair and honest elections. The Lelu Town Government may accept Kosrae State voter registration as valid for Lelu Town elections where the person wishing to vote is registered as a citizen of Lelu Town.
Section 5. Referenda shall be held on any question raised by petition which has been signed by a least one-third of the registered voters. Upon receipt of such petition by the Sroasr Masap or the Mayor, a referendum shall be held. If the petition is received within six months of a regularly scheduled election the question shall be included on the ballot at such election, unless the petition calls for an immediate vote of the people. A petition must propose a question that can be stated as a "Yes" or "No" proposition on the ballot.
Section 6. To be eligible to vote a person must be a citizen of the Federated States of Micronesia, reside in Kosrae, be registered as a citizen of Lelu, be at least eighteen years of age and must be able to cast a vote in every election in Lelu. If a person is mentally incompetent or has been convicted of a felony without having received a pardon that person shall not be able to vote.
Section 7. The term of office for the Sroasr Masap and the Mayor of the Lelu Town Government shall begin and end at noon on the second Tuesday of January after the general election; those elected at a special election or appointed shall begin after the special election or after the approval of the appointment.
ARTICLE VII. RECALL AND IMPEACHMENT
Section 1. Every person elected to a position in the Lelu Town Government can be removed from their office including a Judge. The procedure to remove an employee or appointee of the Lelu Town Government shall be provided by ordinance.
Section 2. An elected official of the Lelu Town Government including a Judge may be removed if he is found to have committed a felony or has not performed the duties of his office as prescribed by this Charter or by ordinance. To remove an elected official one-third of the registered voters of Lelu Town must sign a petition to remove the official. Upon receipt of such petition the Sroasr Masap shall verify that one-third of the registered voters of Lelu Town have signed the petition and then must call a special meeting to determine the truth of the complaint in the petition. If the Sroasr Masap is satisfied with the contents of the petition and two-thirds of the Sroasr Masap approve, then a special election shall be held to elect a replacement. If the person removed is a Judge, the Mayor may appoint a replacement according to ordinance.
ARTICLE VIII. GENERAL PROVISIONS
Section 1. No Lelu Town Government ordinance is valid nor may such be enforced to the extent it is in conflict with the Lelu Town Charter and/or the laws of the State or the National Government.
Section 2. The Lelu Town Government ordinances shall be enforced by State and Lelu Town Officers. The power of the State enforcement officers shall be recognized by the Lelu Town Government. The Mayor shall appoint Lelu Town Police with the advice and consent of two-thirds of the Lelu Town Sroasr Masap. The Lelu Town Police shall operate under the rules, regulations and standards established by the Lelu Town Government and the State Attorney General.
Section 3. Until the Lelu Town Government establishes its own Town Court, all fines and fees collected on judgments entered by the State Court for violations of Lelu Town ordinances shall be deposited with the Lelu Town Treasury funds.
Section 4. A time for a general clean-up of Lelu Town shall be prescribed by ordinance.
Section 5. Sunday shall be a day of rest. Only necessary work or other activities which shall be determined by ordinance may be performed.
Section 6. Legal holidays for the Lelu Town Government shall be prescribed by ordinance. State and National holidays shall be recognized by the Lelu Town Government.
Section 7. An affirmative vote of two-thirds of the ballots cast is necessary to approve this Charter.
ARTICLE IX. AMENDMENT
Section 1. The Lelu Town Charter may be amended if two-thirds of the Sroasr Masap approve the amendment and if two-thirds of the voters who vote on such a proposal approve the amendment.
Section 2. The Lelu Town Charter may also be amended if one-third of the registered voters of Lelu Town sign a petition proposing an amendment and if two-thirds of the voters who vote on the petition approve the petition.
ARTICLE X. LANGUAGE
Section 1. The Lelu Town Charter shall be published in both the Kosraean and English languages. In the event of a conflict in the two versions, the Kosraean language version shall take precedence.
Section 2. All Lelu Town ordinances must be published in both the Kosraean and English languages. A copy of all ordinances must be sent to the Office of the Governor, the Office of the Speaker, the Office of the Chief Justice, and a copy of all ordinances must be placed in a public place so that all citizens of Lelu Town may be informed of its contents.
ARTICLE XI. OATH OF OFFICE
Section 1. All elected and appointed officials of the Lelu Town Government must take an oath of office prior to beginning their duties. The oath of office shall be:
"I, , swear I will honor and uphold the Charter and ordinances of Lelu Town, the Constitution and laws of the State of Kosrae, and I declare myself to perform my public duties faithfully in the public interest to the best of my abilities. So help me God."
ARTICLE XII. TRANSITION
Section 1. The Charter of Lelu Town shall take effect on the second Tuesday of January, 1989, except the first election under this Charter shall be held on the Tuesday after the first Monday of November, 1988. Persons elected at this election shall take office at noon on the second Tuesday of January, 1989.
Section 2. All Lelu Municipal Government ordinance in effect on the effective date of this Charter continue in effect, except, to the extent they are inconsistent with this Charter, until amended, repealed or they expire by their limitation.
Section 3. Except as otherwise provided by this Charter, all rights, titles, actions, suits, contracts, liabilities, writs, proceedings, prosecutions, judgments, sentences, orders, decrees, appeals, causes of action, defenses, claims, and demands continue unaffected.
Section 4. The Government created by this Charter succeeds to all rights acquired by the Lelu Municipal Government and may assume obligations and liabilities incurred by the Lelu Municipal Government.
Section 5. Officers and employees of the Lelu Municipal Government remain as employees of the Lelu Town Government, except, as otherwise provided by this Charter or by ordinance.
This work is in the public domain in the U.S. because it is an edict of a government, local or foreign. See § 313.6(C)(2) of the Compendium II: Copyright Office Practices. Such documents include "legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials" as well as "any translation prepared by a government employee acting within the course of his or her official duties."
These do not include works of the Organization of American States, United Nations, or any of the UN specialized agencies. See Compendium III § 313.6(C)(2) and 17 U.S.C. 104(b)(5).
A non-American governmental edict may still be copyrighted outside the U.S. Similar to {{PD-in-USGov}}, the above U.S. Copyright Office Practice does not prevent U.S. states or localities from holding copyright abroad, depending on foreign copyright laws and regulations.
Public domainPublic domainfalsefalse