Nitijela

Article Index

Section 7.    Compensation of Members of the Public Service Commission.

The compensation of the Chairman and other members of the Public Service Commission shall be specifically prescribed by Act.

Section 8.    Procedure of the Public Service Commission.

(1)   At least 2 members of the Public Service Commission shall concur in any decision of the
Commission.

(2)   Subject to this Section and to any Act, the Public Service Commission shall determine its own procedure.

(3)   No proceeding of the Public Service Commission shall be questioned on the ground that a person who acted as a member of the Commission in relation to that proceeding was not qualified so to act.

Section 9.    Functions  and Powers of the Public Service Commission.

(1)   The Public Service Commission shall be the employing authority for the Public Service and shall have the general oversight and control of its organization and management and shall be responsible for reviewing the efficiency and economy of all Departments and offices of government.

(2)   Subject to any law, the Public Service Commission may prescribe and determine the conditions of employment of employees of the Public Service and shall have such other functions
and powers as may be conferred on it by or pursuant to Act.

(3)   Except as provided in paragraph (2) of Section 10 of this Article, the Public Service Commission shall be responsible to the Cabinet for the carrying out of its duties and the exercise of its functions and powers, and the Commission shall, as necessary, inform and advise the Cabinet in relation to any matter affecting the Public Service.

(4)   Without prejudice to paragraph (3) of this Section, the Public Service Commission shall, as soon as practicable after the end of each calendar year, furnish to the Cabinet a report on the state of the efficiency and economy of the Public Service and on the work of the Commission for that calendar year. A copy of that report shall be laid before the Nitijela at its regular session.

Section 10.    Appointments within the Public Service.

(1)   All employees of the Public Service shall be appointed by or under the authority of the Public Service Commission and, subject to any law, shall hold office on such conditions as may from time to time be prescribed or determined by the Commission.

(2)   In all matters relating to decisions about individual employees (whether they relate to the appointment, promotion, demotion, transfer, disciplining or cessation of employment of any employee or any other matter) the Public Service Commission shall not receive any direction from the Cabinet or from any other authority or person, but shall act independently and in accord with criteria relating only to the individual’s ability to perform his duties.

Section 11.    Conditions  of Employment in the Public Service.

In establishing and revising the conditions of employment in the Public Service, the factors to be taken into account shall include:

(a)   the need for the Public Service to recruit and retain an efficient staff, and, in particular, to provide varied careers and adequate advancement for the citizens of the Republic of the Marshall Islands;
(b)   the need to afford reasonable opportunities of employment for the citizens of the
Republic;
(c)   the need to act consistently with government economic and social policy, bearing in mind that the conditions of employment in the Public Service are a major element in the general well-being of the Republic. [By way  of Constitutional A 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”]

ARTICLE VIII  - FINANCE

Section 1.    Legislative Control  of Public Revenue and Expenditure.

(1)   No taxes shall be imposed or other revenue raised and no public money shall be expended unless authorized by law.

(2)   All revenues received by the Government of the Republic of the Marshall Islands shall be paid into an appropriate public fund or account established by this Constitution or by Act. [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 2.    The Cabinet  to Take Responsibility  for Budgetary Matters.

(1)   It shall be the responsibility of the Cabinet to make proposals to the Nitijela on all matters pertaining to the budget.

(2)   Except with the recommendation or consent of a member of the Cabinet, the Nitijela shall not proceed further than the first reading of any Bill or amendment thereto introduced by a member of the Nitijela other than a member of the Cabinet, if that Bill would, in the opinion of the Speaker, dispose of or charge any of the public revenues of the Republic of the Marshall Islands, or revoke or alter (otherwise than by way of reduction) any disposition  thereof or charge thereon, or impose or alter or abolish any tax, rate, due, fee or fine. [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 General Fund.

(1)   There shall be a Republic of the Marshall Islands General Fund.

(2)   All taxes and other revenues and moneys raised or received by the Government of the Republic shall be paid into the General Fund, unless permitted by Act to be paid into some other fund or account established for a specific purpose. [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 Marshal! Islands”; that Amendment also replaced the term “Marshall Islands”  as it appears subsequently herein, with the term “Republic”]