Mikronesischer Staatenbund, 27. August 2002 : Einführung eines Ombudsmanns

To enact a new section 4 of Article XII of the Constitution of the Federated States of Micronesia,
tocreate the Office of the Independent Prosecutor.

BE IT RESOLVED BY THE CONSTITUTIONAL CONVENTION:

That a new section 4 of Article XII of the Constitution of the Federated States of Micronesia
shallhereby be enacted to read as follows:
"Section 4.
       (a)   The Office of the Independent Prosecutor is hereby created.
       (b)   The Independent Prosecutor shall be appointed by the President with the
advice and consent of a 2/3 vote of Congress, to serve for a six year term; he may not
bereappointed to a consecutive term.  The first Independent Prosecutor shall be
appointed by the President within six (6) months of the effective date of this section.
        (c)   The Office of the Independent Prosecutor has the power to:
                     (i)   investigate and prosecute any person or agency at the National, State
or local level that receives, spends or administers public funds from the National
Government that the Independent Prosecutor has reasonable cause to believe has
violated, or conspired to violate, a National Law related to the use or management
of National funds;
                    (ii)   investigate and prosecute the commission of any National Offense by
any official of the National Government, or any person that has obstructed its investigation
or has committed perjury; and
                   (iii)   compel the testimony of witnesses under oath and compel the production
of documents.
       (d)   The Congress may prescribe additional duties to the Office of the Independent
Prosecutor by Statute.
       (e)   The Office of the Independent Prosecutor is independent of administrative control,
shall be adequately funded, and no law, regulation or directive shall be adopted or enforced
with the intent, or which has the effect, of reducing or eliminating the independence of that
Office; nor shall the salary of the Independent Prosecutor be reduced during his term in
office.  The Office of the Independent Prosecutor shall report at least once each year to the
Congress and the President.
         (f)   The Independent Prosecutor may be removed from office for good cause by the
President, with the advice and consent of a 2/3 vote of Congress.  Upon removal of the
Independent Prosecutor, the Chief Justice shall immediately appoint an acting Independent
Prosecutor to serve until a successor is appointed and approved by the Congress."

ADOPTED: December 20, 2001