Nitijela

Article Index

ARTICLE VII - THE PUBLIC  SERVICE

Section 1.        The Public Service of the Republic of the Marshall Islands.

(1)    The Public Service of the Republic of the Marshall Islands shall comprise all such employees as may be necessary to assist the Cabinet in exercising the executive authority of the Republic and to perform such other duties in the service of the Republic as may be required.

(2)    Except as provided in paragraphs (3) and (4) of this Section, no person shall receive any compensation from public money unless he is an employee of the Public Service.

(3)    For the purposes of this Article, a public corporation or other statutory authority constituted under the law of the Republic shall be deemed to be an office of government, and a receive his compensation from public money; but, without prejudice to the status for any other purpose of any such public corporation or statutory authority, or of any member or employee or funds thereof, or of any other money from which the compensation of any such member or employee may be paid, the application of this Article in a particular case may be excluded by Act.

(4)   Nothing in this Section shall apply to any person whose compensation is required to be specifically prescribed by Act, or any person required by this Constitution to be appointed to office otherwise than by the Public Service Commission, or any member of a naval, military or air force, a police force, or a fire, coastguard or prisons service established by law, or any officer or employee of a local government, or to honorary service, or consultancy service remunerated only by fees or commission.

(5)   Unless otherwise provided by law, an employee of the Public Service may be granted leave without pay in order to serve the Republic in any other capacity not involving a conflict of interest. [By way  of Constitutional Amendment #1, the term  “Marshall Islands”  as that  term  is first used herein,  was replaced  with the term “Republic  of the Marshall Islands”  that Amendment also replaced the term “Marshall Islands”  as it appears subsequently herein, with the term “Republic”]

Section 2.        The Chief Secretary.

(1)   There shall be an officer of the Public Service to be called the Chief Secretary, who shall be the head of the Public Service and the chief administrative and advisory officer of the Government of the Republic of the Marshall Islands.

 

(2)   In addition to the other functions and powers conferred on him by law, the Chief Secretary shall be responsible to the Cabinet for the general direction of the work of all Departments and offices of government. The head of any such Department or office shall account for the work of that Department or office to the Chief Secretary, as well as to the Minister primarily responsible for that Department or office.

(3)   Notwithstanding anything in paragraph (2) of Section 10 of this Article, the Public Service Commission shall consult the President and shall obtain the concurrence of the Cabinet before it appoints any person to be the Chief Secretary.

(4)   No appeal by any employee of the Public Service shall lie against the promotion or appointment of any person to the office of Chief Secretary. [By way of Constitutional Amendment #1, the term “Marshall Islands”  as that term is first used herein, was replaced  with the term “Republic  of the Marshall Islands”]

Section 3.        The Attorney-General.

(1)   There shall be an Attorney-General who shall be an officer of the Public Service and shall have the same qualifications as those required for appointment as a judge of the High Court,

(2)   The Attorney-General shall be the head of any Department or office dealing with the administration of justice and of any other Department or office placed under his authority by the Public Service Commission.

(3)   In  addition  to  the  other  functions  and  powers  conferred  on  him  by  law,  the Attorney-General shall advise on legal matters referred to him by the Cabinet, the President or a Minister, and shall be responsible for instituting, conducting or discontinuing any proceedings for an offense alleged to have been committed, and for seeing to it that the laws are faithfully executed.

(4)   Attorney-General shall not receive any direction from the Cabinet or any other authority or person, but shall act independently. He may exercise these responsibilities either in person or through officers subordinate to him, acting under and in accordance with his general or special instructions.

(5)   Notwithstanding anything in paragraph (2) of Section 10 of this Article, the Public
Service Commission shall consult the President and shall obtain the concurrence of the Cabinet before it appoints any person to be Attorney-General.

(6)   No appeal by any employee of the Public Service shall lie against the promotion or appointment of any person to the office of Attorney-General.

Section 4.    The Secretary of Finance.

(1)   There shall be an officer of the Public Service to be called the Secretary of Finance who shall be the head of the Finance Department.

(2)   In addition to the other functions and powers conferred on him by law, the Secretary of Finance shall be responsible for the preparation of the accounts relating to all public revenues and expenditure for each financial year, and for advising the Minister of Finance on all matters pertaining to the budget.

Section 5.    The Public Service Commission.

(1)   There shall be a Public Service Commission of the Republic of the Marshall Islands consisting of a Chairman and 2 other members.

(2)   The Chairman and other members of the Public Service Commission shall be appointed by the Cabinet, acting with the approval of the Nitijela, signified by resolution.

(3)   At any one time, at least 2 members of the Public Service Commission shall be citizens of the Republic; and no member of the Commission shall remain a member if he ceases to be such a citizen.

(4)   No person shall be appointed to be or shall remain a member of the Public Service
Commission if he is or becomes a member of the Nitijela.

(5)   No member of the Public Service Commission shall hold concurrently any office in the
Public Service.

(6)   A member of the Public Service Commission shall be appointed to hold office for a term of not more than 3 years, but shall be eligible for reappointment.

(7)   In making appointments under Section 5 of this Article, and in fixing the terms of office of appointees, account shall be taken of the need to ensure that there is reasonable continuity in the membership of the Public Service Commission and that the terms of individual members will not expire at the same time. [By way of Constitutional Amendment #1, the term “Marshall Islands” as that term is first used herein,  was replaced  with the term “Republic  of the Marshall Islands”  that  Amendment also replaced the term “Marshall Islands”  as it appears subsequent/v herein, with the term “Republic”]

 

Section 6.    Resignation of a Member of the Public Service Commission.

A member of the Public Service Commission may at any time resign his office by writing signed by him, addressed to the President; but he shall not be removed or suspended from office except on the like grounds and in the like manner as a judge of the High Court or of the Supreme Court.