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Sokehs Constitution

PREAMBLE

 

We, THE PEOPLE OF SOKEHS (GOVERNMENT WITH DIVERSE ETHNICITY), who have accepted the sovereignty given by almighty God, the power, right and responsibility to govern, preserve, promote, and protect land, atoll, sea, air space and everything within. We have established this Constitution to uphold sovereignty for the people of Sokehs. We have shown with no doubt our courage and beauty that derive from the unification of our ethnic diversity, culture, language, religion, and our attempt to unite and work together to uphold wealth, peace and well being of the people of Sokehs. We proclaim and reaffirm the supreme power, the sovereignty of Sokehs Municipality.

 

 

ARTICLE 1. SUPREMACY

This Constitution is the supreme law of Sokehs Municipality. An act of government in conflict with this constitution is invalid to the extend of conflict.

ARTICLE 2. TERRRITORY AND JURISDICTION

Section 1. Territory. Land and everything within; soil and everything within; water and things within, mangrove, reef and everything within; lagoon, marine space outward from reef and everything within, in the air, underwater and everything within; two hundred (200) nautical miles going outward from the edge the reef, the surface underneath and everything within and also inward the reef; Pakin Atoll (Round Island), Oruluk Atoll, Deke Minto de Minto Reef; any reef and atoll that will be found within the territory of Sokehs.

A. The boundary of Sokehs and Nett begins on the Eastern side of the highest part of Mount Dolen Kiepw, the place found at 71,850 meter West and 79, 230 meter North as shown by the survey machine (grid system) used by the Pohnpei State; directing Northwest at 23° 08' 45" degree at 1,538 meter; directing Northwest at 00° 28' 18" degree at 2,430 meter; directing Southwest at 23° 08' 13" degree at 3,665 meter; directing Northwest at 38° 39' 00" degree at 748 meter; directing Northwest at 16° 06' 48" at 468 meter; directing Northwest at 00° 46' 27" at 740 meter; directing Northwest at 51° 20' 25" at 384 meter; directing Northwest at 06° 20' 25" at 584 meter; directing Southwest at 18° 48' 48" at 496 meter; directing Southwest at 39° 33' 35" at 597 meter; directing Southwest at 08° 42' 41" at 1,254 meter; directing Southwest at 15° 59' 45" at 1,560 meter; and directing West of the out reef at 200 miles or 321,869 meters.

B. The boundary of Sokehs and Kitti begins on the Eastern side of the highest part of Mount Dolen Kiepw, the place found at 71,850 meter West and 79, 230 meter North as shown in the survey machine (grid system) used by the Pohnpei State; directing Southeast at 83° 36' 04" degree at 1,077 meter; directing Southwest at 62° 14' 29" at 664 meter; directing Southwest at 85° 55' 53" at 2,396 meter; directing Southeast at 79° 32' 19" at 2,891 meter; directing Northeast at 04° 35' 01" at 2,378 meter; directing South of the out reef at 200 miles or 321,869 meters.

 

ARTICLE 3. CITIZENSHIP

 

Section 1. Citizenship.

 

A. A person who was born and either of his parents at the time of his birth was a citizen or pwilidak of Pohnpei, Sokehs, prior to the effective date of this Constitution is a citizen of Sokehs.

B. A person who was a legal residence of Sokehs or his name is listed in the register voters list of Sokehs on the effective date of this constitution is a citizen of Sokehs.

 

Section 2. Naturalization. The Sokehs Municipal Council shall provide legislation for naturalization and loss of citizenship. 

ARTICLE 4. FUNDAMENTAL RIGHT

 

Section 1. Freedom of Speech. The rights of person to speak, write, and publish freely on subject and right to receive public information shall not be denied or impaired.

 

Section 2. Freedom of Religion. Each person has the right and freedom to join any religion and worship whatever he prefers.

Section 3. Equal Right. No law or government action may deny or impair the equal rights of all persons on account of gender, race, ancestry, religion, language or social status (class). All person have equal right.

 

Section 4. Freedom of Association and Petition. No law or act may deny the right of people to assemble, to associate, to consult for their common interests, and to petition peacefully. Section

 

5. Due Process of Law. No person may be deprived of life, liberty, or property without due process of law.

 

Section 6. Ex Post Facto and Attainder. No person may be held criminally liable for an act that was not legally recognised crime at the time of its commission. An increase penalty for a criminal act shall not apply to an act committed before the increase. No person may be found guilty of a crime or be punished for a crime except by a court of law.

 

Section 7. Searches and Seizures. The right of all to be secure in their persons, houses, papers, and property against unreasonable searches and seizures may not be violated. No warrant may be issued except upon probable cause supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.

 

Section 8. Right of the Accused. In all criminal prosecutions the accused shall be presumed innocent until proven guilty beyond reasonable doubt. The accused shall promptly informed of the nature and cause of the accusation; shall have the right to counsel; shall have the right to a speedy, public, and impartial trial; he shall have the right to be confronted with the witness against him and to examine them fully; he shall have the right to compel the obtaining of evidence and the attendance of witness in his favor; and shall not be compelled to testify against himself. No person maybe put in jeopardy more than once for a single offense.

 

Section 9. Prohibit Imprisonment for Dept. No person may be imprisoned solely for failure to discharge a debt.

ARTICLE 5. SUFFRAGE AND ELECTION

 

Section 1. Suffrage. A citizen of Sokehs who, at the time of election, has attained the age eighteen years and has not committed a felony for which he is on parole or probation or under a sentence shall be qualified to vote. Other qualifications may be presented by Ordinance.

 

Section 2. Registration and Conduct of Election. Registration and conduct of election shall be provided by ordinance. Voting shall be by secret ballot.

 

Section 3. Chief Magistrate and Council Election. The general election of the Chief Magistrate and the Council shall be held simultaneously on the second Tuesday of November of every four years.

 

Section 4. Special Election and Referendum. Special Election and Referendum shall be held as provided by ordinance.

 

ARTICLE 6. LEGISLATIVE BRANCH

 

Section 1. Legislative Power. The legislative power is vested in the Sokehs Council.

 

Section 2. Apportionment. There shall be four Electoral Sections of Sokehs and the number of Council to represent each section shall be base on the population of local citizenship of each section. Reapportionment shall take place in every ten years after the effective date of this constitution and Official Census.

Section 3. Qualification. There is no person is eligible for candidate in an election or appointment to serve as member of the Council unless he is at least twenty-five years of age at the time his term of Office commences; has been a citizen of Pohnpei for at least twenty years (20 yrs), has been a citizen of Sokehs for at least five years (5 yrs) and has been a voter of the section he is voting in for at least one year (1yr). A person convicted of a felony is ineligible to serve as a member of the Sokehs Council unless he has received a pardon restoring his civil rights at least sixty days (60 days) before election. The Council shall be the sole judge of the qualification of its members.

 

Section 4. Vacant Seats. If there is a vacant in the Council body 360 days or more prior to general election, the section shall have a special election. If the vacancy is less than 360 days, the Chief Magistrate shall appoint a representative to continue the period left. The elected or appointed representative shall be seated when receive the advice and consent of the Council.

 

Section 5. Appointing of Officers and Rules and Procedure. The Council shall appoint their Officers, create their rules and procedures and shall keep record of all proceedings of the legislative body. There shall not be any secret vote in any Council votes except in voting of Council Officers and other Officers appointed by Chief Magistrate.

 

Section 6. Regular Sessions and Special Sessions.

 

A. The Sokehs Municipal Council shall convene four (4) regular sessions a year. Time and duration shall be provided by Ordinance.

 

B. The Chief Magistrate can call a special session due to an urgent need. Two third (2/3) of the Council can convene a special session without regard to vacancies. The Council shall only consider the subject stated in the convening call of special session.

 

C. The Regular Sessions and Special Sessions shall be open to the general public.

 

Section 7. Quorum. Three fourth (3/4) of the member of Council shall constitute a quorum and the proceeds of a session. A session that is not quorum may adjourn from day to day, and may compel the attendance of absent member in such manner as provided by the rules and procedure of the Sokehs Municipal Council.

 

Section 8. Immunities. Member of the Council shall in all case, except felony or breach of the peace, be privileged from arrest during and while going to or returning from sessions or committee meetings of the Sokehs Municipal Council.

 

Section 9. Power to Investigate. The Sokehs Municipal Council and its committee has the authority to conduct investigation, hold public hearing, subpoena witnesses and documents, and administer oaths. The enforcement of contempt shall be provided by Ordinance.

 

Section 10. Conflict of Interest and Salary.

 

A. No member of the Sokehs Municipal Council shall receive other compensation or remuneration from the Sokehs Municipal Government other than their Salary.

 

B. No member of the Sokehs Municipal Council can hold another public Office or position in the Sokehs Municipal Government.

 

Section 11. Establishment of Boards. Boards, the commission of authorities may provided by Ordinance.

 

Section 12. Bills and Resolutions.

 

A. No Ordinance may be enacted except by bill.

 

B. The headline of each enacted bill shall begin with the clause, "BE IT ENACTED BY THE SOKEHS MUNICIPAL COUNCIL."

 

C. For a bill to become an Ordinance, a bill shall pass second reading and the two readings shall not be made on the same day.

 

D. Every bill that has passed by the Sokehs Municipal Council shall be certified by the presiding Officer and the Clerk and presented to the Chief Magistrate.

 

E. A resolution may be introduced as a propose resolution and may be adopted.

 

Section 13. Action on a Bill that Disapproved by the Chief Magistrate. After the returned of a disapproved bill by the Chief Magistrate, the Council can reconsider and revote on the bill or item. If three fourth (3/4) of the affirmative votes agree, the disapproved bill or item shall become Ordinance without the certification or approval of the Chief Magistrate. Such action of overwriting the disapproval of Chief Magistrate shall be taken only once in a session right after the disapproval.

 

ARTICLE 7. EXECUTIVE BRANCH

 

Section 1. Executive Power. The executive power of the Sokehs Municipal Government is vested in the Chief Magistrate.

 

Section 2. Qualifications. No person is eligible to become Chief Magistrate unless he is at least thirty (30) years of age at the time his term of Office commence, at least a citizen of Pohnpei for twenty (20) years, and at least a citizen of Sokehs for fifteen (15) years. A Chief Magistrate shall be elected by majority of the registered voters of Sokehs in the general election of representatives. A person that has been convicted of a felony cannot become Chief Magistrate. A Chief Magistrate shall not hold another office.

 

Section 3. Vacancy and Incapacity. When the Chief Magistrate is absent, an employee of the Office of Chief Magistrate shall represent as provided by Ordinance. If the Chief Magistrate deceased, resigned, or incapacitated within the period of three hundred sixty (360) days or more prior to a general election, a special election shall be conducted to elect his replacement. If the days prior to the general election are less than 360 days, Ordinance shall determine the vacancy.

 

Section 4. Executive Officers. Procedures and Executives Officers shall be set by law.

 

Section 5. Appointed Officers. Officers that head the departments in the Executive Branch shall be appointed by Chief Magistrate and receive advice and consent of majority votes of "yes" by the Sokehs Municipal Council, without regard to vacancies. All appointed employees of the Executive Branch shall serve the pleasure of the Chief Magistrate.

 

Section 6. Action of the Chief Magistrate on Bills. The Chief Magistrate has thirty (30) days from the day a bill was submitted into his Office to apply the disapproval or approval procedure completely. If he disapproved, he shall provide the reasons in writing and return it to the Council. A bill that is disapproved and not return within thirty (30) days shall become law as it has been approved by the Chief Magistrate. The Chief Magistrate can disapprove a section or more in a bill of using monies.

 

ARTICLE 8JUDICIARY BRANCH

 

Section 1. Judicial Power. The Judicial Power is vested in the Sokehs Municipal Court and in such inferior courts as may be established by law. A. The Sokehs Municipal Court has the jurisdiction over all trials on criminal and civil cases. B. The Sokehs Municipal Court has the appellate jurisdiction over all matter from the inferior courts and the jurisdiction to review decisions of the inferior courts on every cases not relate to appealed cases. C. The Pohnpei Supreme Court has the appellate jurisdiction over all matters from the Sokehs Municipal Court and the jurisdiction to review decisions of the Sokehs Municipal Court on every cases not relate to appealed cases.

 

Section 2. Members. The Sokehs Municipal Court shall contain a Chief Justice with associates that shall be set by law, but shall not be more than two (2) associates. The appointment of the judge shall be made by the Chief Magistrate with the advice and consent of two-third (2/3) of "yes" votes by the Sokehs Municipal Council without regard to vacancies.

 

Section 3. Qualifications. No person can become judge until he reaches the age of thirty five (35) years old and has been a citizen of Sokehs for not less than ten (10) years. A person that has been convicted of a felony cannot become a Chief Justice.

 

Section 4. Term of Office. Term of service of a Judge shall be eight (8) years.

 

Section 5. Duties and Responsibilities. The Chief Justice of Sokehs Municipality has the responsibility and authority to administer personnel, salary, budget and property of the Judiciary Branch. The Chief Justice has the authority to establish and administer the judicial system. He has the authority to set and create plan of all monies of the Judiciary Branch.

 

Section 6. Judicial Policy. The decision of all courts and ad judicatory bodies shall be consistent with this Constitution, the ordinances of Sokehs, and recognize the culture that would hold respect, peace, and harmony to the people of Sokehs.

 

ARTICLE 9. TAXES AND PUBLIC FUND

 

Section 1. Taxation Power. The Government of Sokehs has the authority to levy any tax and fee only for the need of Public that not prohibited by the Constitution of Pohnpei State and the Constitution of the Federated States of Micronesia.

 

Section 2. Office of Treasury. There shall be an office of treasury of Sokehs. This office and its operation shall be set by law.

 

Section 3. Obligation of Fund. Obligation for the payment of money the withdrawal money from the Sokehs Treasury shall only be made in accordance with the law.

 

Section 4. Budget. The Chief Magistrate has the responsibility to prepare and submit to the Council the office budget of each fiscal year that shall provide the needs and the use of funds, and other request of fund that maybe available from the collection monies in each fiscal year.

 

Section 5. Record of Public Fund. The Sokehs Municipal government shall hold and keep recording documents of all expenditures and shall follow the accounting system.

 

Section 6. Audit. Audit of all expenditures shall be made after every two (2) years or earlier if needed.

 

ARTICLE 10. LAND

 

Section 1. Office of Land. There shall be an Office of Land in Sokehs Municipality. The administrative function of this office shall be provided by law.

 

Section 2. Issue of Land. Plan, issues which regard to public land, and other places within the jurisdiction Sokehs shall receive the approval of the office of land.

Section 3. Acquisition of Land.

 

A. The government of Sokehs has the power to acquire, buy, and old land for the interest of public purposes. Purchase of land in this section refers to a land that a person is willing to sell. The procedure to buy and care for land shall be set by law.

 

B. The government of Sokehs can take peopl's land with the authority of Eminent Domain for public purposes. The value of land that Office bought from the people under this section shall be set to a payment of just compensation.

Section 4. Reserved Public Land (Pahm). All reserved public lands (Pahm) shall be under the supervision of Nanmwarki, Chief Magistrate and the Village chief where the land (Pahm) is located.

 

Section 5. Value of Public Land. The value of public land shall be set by law.

 

ARTICLE 11. TRADITION

 

This Constitution recognises the traditional board and culture of Sokehs.

ARTICLE 12. GENERAL PROVISION

 

Section 1. Capitol. Capitol of Sokehs shall be set by law. The properties used by the government of Sokehs shall be under the jurisdiction of the government of Sokehs.

 

Section 2. Compensation for Elected , Appointed and other Officers.

 

A. The salaries and other allowances for the elected and appointed officers shall be set by law. Salaries and other allowances for the Councils and Chief Magistrate cannot increase within their term of office except in the first of this Constitution. Salaries and other allowances for elected and appointed officers can be reduced at any time but such decrease shall apply to all such officers in an equal amount.

B. The reapportionment of salaries and all other allowances for the elected and appointed officials shall be made every five (5) years. C. Salaries for employees of the Sokehs Municipal Government beside the elected and appointed officers shall be provided by law.

Section 3. Impeachment. The Chief Magistrate, Council, and Chief Justice can be impeached, but only for neglect of duty, misconduct in office or incapacity or convicted of an offense of moral turpitude.

 

A. Upon the adoption of resolution of impeachment by three-fourths (3/4) of the member of Council, without regard to vacancies, a notice of impeachment shall forthwith be served upon the official.

 

B. Upon service of the notice of impeachment, the official shall be suspended from his duties, but with pay, pending judgment.

 

C. A tribunal shall compose of three judges, which is the Chief Justice of Sokehs, an associate that shall be appointed by Chief Magistrate, and one associate that shall be appointed by Nanmwarki of Sokehs. If it is an impeachment against Chief Magistrate, the Speaker shall do the appointment of one judge. The tribunal shall appoint a special prosecutor with the approval of a majority of member of the Council, without regard to vacancies. A conviction a impeachment shall require the vote of two-third (2/3) of the members of the tribunal.

 

D. Judgment in cases of impeachment shall not extent beyond removal from office; but a person so convicted may nevertheless be subject to indictment, trial, judgment, and punishment according to the law.

E. The impeachment process (due process) shall not exceed sixty (60) days.

 

Section 4. Recall.

A. To recall the Chief Magistrate, a petition signed by forty (40) percent of the registered voters of Sokehs must be submitted to the presiding officer of the Council, who shall forthwith appoint a Special Election Commissioner shall determine the validity of the petition after ten (10) days. If the petition is valid, a recall election shall be held within thirty (30) days of the determination of validity, on the date specified by the Special Election Commissioner. A Chief Magistrate shall be recalled upon the affirmative vote of fifty-one (51%) percent of the registered voters of Sokehs.

 

B. To recall a Council from each section, a petition signed by forty (40%) percent of the registered voters of that section of Sokehs must be submitted to the Chief Magistrate, who shall forthwith appoint a Special Election Commissioner shall determine the validity of the petition after ten (10) days. If the petition is valid, a recall election shall be held within thirty (30) days of the determination of validity, on the date specified by the Special Election Commissioner. A Council shall be recalled upon the affirmative vote of sixty (60%) percent of the registered voters of his section.

 

Section 5. Ethical Conduct. The Sokehs Municipal Council shall enact a law that shall set code of ethical conduct for elected, appointed and the employees of Sokehs Municipal Government and shall prescribe administrative and criminal penalties for violation of the code.

 

Section 6. Holidays. Holidays for Sokehs shall be provided by law.

 

ARTICLE 13. AMENDMENT

 

Section 1. Amendment Procedure.

 

A. The Sokehs Municipal Council may propose an amendment to this Constitution from obtaining two-third (2/3) vote of "Yes" of the members without regards to vacancies. Such propose amendment shall be transmitted to the Chief Magistrate and within ten (10) days a referendum shall be set forth and given the general public for ratification. The Chief Magistrate can not vote power to such propose amendment.

 

B. Amendment to this Constitution may propose by initiative petition that shall be presented to the Chief Magistrate in writing, that shall provide clear and complete propose amendment and bear the signature of no less than one-third (1/3) of the registered voters of Sokehs. Chief Magistrate shall examine the petition and, within ten (10) days after presentation to him, he shall determine whether the petition has the requisite number of signatures of registered voters. Upon certification that the petition contains the requisite number of signatures, the propose amendment qualifies for ratification.

 

C. A propose amendment, whether proposed by the Sokehs Municipal Council or by initiative petition, shall include only subject.

 

Section 2. Ratification of Propose Amendment.

 

1. Propose amendment shall be submitted for ratification at an election, whether general or special, held not less than sixty (60) days after the propose amendment qualifies.

 

2. A propose amendment shall take effect if receive fifty one (51%) percent of the voters.

 

Section 3. Review of the Constitution. Within every ten (10) years after the effective date of this Constitution, a convention shall be set to review the constitution and prepare the propose amendments and return to the people for ratification. Proceedings of the convention shall be set by law.

 

ARTICLE 14. TRANSITION OF NEW GOVERNMENT

 

Section 1. Laws established under the Municipal Charter. All laws enacted under the Municipal Charter that was still in effect until this Constitution was certified and not inconsistent with this Constitution shall still be effective until it is expired and amended.

 

Section 2. Rights in Agreement. Purpose and rights in agreements that were in effect before the certification of this Constitution shall be effective until it is terminated.

 

Section 3. Land, Properties and Agreements under the Municipal Charter. The new government of Sokehs under this Constitution shall entitle and hold land, properties, and other responsible agreements that the Sokehs Municipal government receive under the Municipal Charter. A government property can not be sold or removed if does not comply with the procedure provided by law.

 

Section 4. First Employee under this Constitution. When this Constitution will be in effective, the Chief Magistrate, all the Municipal Councils and their responsibilities under the charter government, shall be carried over their duties and responsibilities under this Constitution and be the first employees of the government of Sokehs.

 

Section 5. First Reapportionment of Representative. The Sokehs Municipal Council, within one hundred twenty (120) days after the ratification of this Constitution, shall enact a law that would set the electoral sections and number of representatives from each section. If there is any need of a special election for the purpose of this section, then a special election shall be held no later than thirty (30) days after the approval of the law that established the election.

 

Section 6. First General Election under this Constitution. The first general election for the representatives in the Municipal Council and the Chief Magistrate shall be held on Tuesday of the second week of November 1987.

 

Section 7. When the Municipal Court of Sokehs under this Constitution shall commence Function. The Judicial system shall continue its function under the Municipal Charter and Judiciary Act of 1982 of Pohnpei State until a judicial system and other requirement in a judicial system is fully prepared by the Chief Justice of Sokehs.

 

ARTICLE 15. DAY THAT THIS CONSTITUTION SHALL BE RATIFIED

This Constitution shall be ratified at the time that the Chief Magistrate addressed the general public that this Constitution has been ratified by the voters. Chief Magistrate has, no later than ten (10) days after the election to officially approve that this Constitution has receive approval of voters as result in the election. 

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