Draff consf/fufion sets 1985 Ponope elections

KOLONIA, Ponape A draft cons- other hazardous materials. '">'•> draft that have not done through second titution which would shorten the terms The draft document was completed reading in plenary session," Falcam said, of office for the present governor and by the Style and Transition Committee noting that he instructed the convention next legislature will be presented to the on Nov. 21. The convention was recessed staff to include them in draft to be sub- Ponape State Constitutional Convention in October for the Nov. 11 legislative ject to approval on second reading when for final approval when it is reconvened elections. the convention is reconvened. on Jan. 9, according to convention Falcam said that he would call the The articles subject to second reading Chairman Leo A. Falcam. convention back into plenary session on are: V, Tradition and Traditional Leaders; The draft also would establish a coun- Jan. 9, and that he hopes to complete IX, Judiciary; XI, Conservation, Develop- cil of the highest traditional leaders to action on the final draft with a signing ment and Land, and XVI, Transition, advise the government and would pro- ceremony on Jan. 14. according to Falcam. hibit the introduction of nuclear and "There are several proposals in the (Continued on page 2) The National Union

ttetfp

AN OFFICIAL PUBLICATION FOR THE PEOPLE AND THE STATES OF THE FEDERATED STATES OF MICRONESIA

Volume 4 Kolonia, Ponape, November 30, 1983 Number 22 Dismissal Procedure Upheld

KOLONIA, Ponape - In its first case determining the constitutionality of a Congress law, the FSM Supreme Court upheld a provision of the National Pub- lic Service System Act allowing a manage- ment official to make the final dismissal decision. It first determined that it has authori- ty to review Acts of Congress for cons- titutional! ty. BELATED BIRTHDAY CELEBRATION - President Tosiwo Nakayama is cutting In a separate decision, the court the cake while First Lady Miter Nakayama looks on during belated celebration found that a fighting and drunken defen- Nov. 25 of his 52nd birthday by his cabinet in the President's Conference Room. dant taken into police custody of Ponape Nakayama turned 52 on Nov. 23 while visiting Truk. , State Prison committed the national code crime of escape by fleeing from a state police car while being transported from the police station to the Ponape (Continued on page 7) Truk proposes police academy MOEN, Truk - Resolutions to estab- Nakayama to increase local revenues \lnside.... | lish a Micronesian Police Academy here which is pending in the FSM Congress. and make the Truk State Hospital the Seven resolutions were adopted during FSM stamp issue seen Federated States medical referral center the conference which was attended by were approved during a Truk state the President; FSM Senators Raymond (See page 3) government leadership conference held Nov. 21-23 in the Continental Hotel. Setik, Jack Fritz and Koichi Sana; Gov. Erhart A ten; State Legislature Speaker Skills program planned The conference also approved a reso- Kisande Sos, and State Court Chief (See page 8) lution supporting the tax revision meas- ure proposed by President Tosiwo (Continued on page 3) I(U Draft constitution sets 7985 Ponape elections S (Continued from page 1) ;; •••• ; ''V.L, The current legislature amended the weapons, power plants and waste materi- The present draft was sent to Hono- Constitutional Convention Act to move als in the state and directs the legislature lulu for review by attorney Alan Burdick the referendum from Nov. 11 to July 2, to enact statutes to control harmful and University of Hawaii political science 1984, to allow for completion of the substances not listed above. I Professor Norman Meller, who served as draft, after the convention requested Article IX on the Judiciary changes Z consultants to the convention. Burdick that it be delayed until March. the name of the Ponape State Court to is to return Dec. 4 to Ponape with the The proposed transition provision the Pohnpei State Supreme Court headed O draft to meet with the Style and Transi- states that it is to go into effect upon by a State Supreme Court Chief Justice, Z tion Committee. certification of its ratification by the with not more than four associate justices The Transition article states that the governor, who would have up to 15 days with 12-year terms. It provides that election date for the legislature members, after the referendum to certify it. inferior courts and adjudicatory bodies governor and lieutenant governor under The article on tradition, states that may be established by law. oZ the Constitution shall be held in 1985. there shall be a "Mwoalen Wahu," or The article on Conservation, Develop- Other articles set the second Tuesday Council of High Chiefs, consisting of the ment and Land states that there shall in November every four years as the nahnmwarki and nahnken, or two com- parable traditional leaders from each be an overall State Master Economic general election date for all elective Development Plan to be established by offices and the following Jan. 3 as the "wehi," or kingdom. statute. A five-year development plan date they take office. The Mwoalen Wahu would act as the was drafted under the current adminis- Gov. Resio Moses was elected to a honorary joint head of state, would give tration to be part of the FSM National four-year term in a runoff race with advice on all major issues in the state Development Plan required by the Falcam on March 29, following the March government, would assist in upholding Compact of Free Association with the 8 gubernatorial election. Moses took the customs and traditions of Pohnpei United States. office on May 1, under provisions of the in the system of law and would be funded The article also prohibits lease of land state charter. by state government law. for indefinite periods, and states that all Elections were held Nov. 11 for mem- Article XII on Education, Health and existing indefinite use agreements would bers of the Third Ponape State Legisla- Public Safety prohibits the introduction, become void five years after the effect- ture and they are to take office on Jan. 3 storage, use, testing and disposal of ive date of the Constitution. It calls for under the charter. nuclear, chemical, gas and biological the state government to notify the municipalities within three years what Guilty plea entered in beating death public land is being used and make un- used land available for private use KOLONIA, Ponape - Edwin Etpison, water, according to the records. through homesteading. a Palauan residing in Kosrae, pleaded The body was discovered about noon The proposed draft has a preamble guilty on Nov. 1 before FSM Supreme Aug. 27 and taken to the Kosrae State and articles on territory and jurisdiction; Court Chief Justice Edward King to man- Hospital where Dr. Rudy Yuchongio supremacy; citizenship; fundamental slaughter in the Aug. 27 beating death of performed an autopsy and determined rights; suffrage and elections; the legis- Larson J. Abraham, a fellow construction that the death was due to brain damage. lative branch; the executive; taxation and worker. Ngirachareang and Ichiro were given public finance; general provisions; local The FSM Attorney General's Office immunity by the prosecutors to provide government, and constitutional amend- will ask for the maximum sentence of testimony against Etpison. ments. 10 years in prison for manslaughter The charge against Etpison was reduced The territory and jurisdiction article under the National Criminal Code when from murder to manslaughter by the states that the state would comprise all Etpison is sentenced Jan. 17 by King. government because there was no direct lands, reefs, waters, airspace and subsoil Etpison went drinking with Abraham, evidence, other than the statements of belonging to the state within the FSM at a Kosraen, and Ronny Ngirachareang, a the two companions, and a confession the time the Constitution goes into Palauan, about 9 p.m. Aug. 26. They by Etpison which was considered inad- effect. picked up Uchel Ichiro, another Palauan, missable in court, an official of the The fundamental rights article has at the Sterling Skilling Hotel at 1 a.m. Attorney General's Office said. 22 sections, including one barring the Aug. 27, drank until about 2 a.m. and There will be no appeal of the convic- death penalty. then went to the end of the construc- tion or sentence, due to the guilty plea, Members of the legislative must be tion on the cross-island road to the new officials said. at least 25 years old and residents of Kosrae airport. Ponape for 25 years. Persons convicted There the victim passed out from Voc 09 funds available of a felony are ineligible, members drinking and Etpison pulled him out of KOLONIA, Ponape - The FSM Con- cannot hold other public offices and the pickup truck they were using and gress made available $30,000 for the salary increases for the legislature will beat him with a rock until he was dead, fiscal 1984 Vocational Agriculture Grant not apply during the term of office according to records in the Attorney Program, and applications must be sub- enacted. General's Office, while the two other mitted by Jan. 1 for the funds, accor- The governor and lieutenant gover- Palauans watched without participating. ding to Deputy Education Chief Weldis nor are to be elected on separate tickets, One reportedly tried to get Etpison to J. Welley. as opposed to Truk and Yap; must be at stop the beating. Application forms may be requested least 35 years old; must be legal residents Etpison threatened his companions from the Chief of Education, Social of the state for at least 35 years and with a knife and told them to help him Services Department, FSM National reside in the state at least 10 years dispose of the body. The body was taken Government, Kolonia, Ponape, ECI prior to election, though absence from to a deserted beach in Malem, seven or 96941. Public and private non-profit the state while on government service, or eight miles from the death scene, at educational organizations, institutions attending school shall not constitute an 5 a.m. and dumped at the edge of the and agencies are eligible to apply. interruption of residence. H m Truk invites Miff-84 FSM stomp issue seen O Police academy r KOLONIA, Ponape - The first issue it, he said, adding that the Congress also of FSM postage stamps in connection passed a Postal Crimes Act during its r-> (Continued from page 1) with the transition from the U.S. to the second regular session in November. c new FSM Postal Service should take Under an interim postal services agree- z Justice Soukichi Fritz hi addition to a place by mid-1984, according to Interim ment signed by President Nakayama, O number of state leaders. Postmaster General Leo Falcam. the U.S. Interior Department and the The conference was initiated by Gov. Falcam, who was named to the interim U.S. Postal Services last October, current Aten who invited the President and post on Nov. 8 after being nominated on employees in the FSM will have the op- I members of the National Congress to Nov. 2 by President Tosiwo Nakayama tion of being transfered to U.S. Postal attend. It is the first time this type of to be the permanent FSM Postmaster Service stations outside of the FSM, or o* conference has been convened. General, said that he plans to hold a to remain with the FSM Postal Services JLC Resolution No. 1 notes that contest offering prizes for the winning where they would be given first prior- p indefinite use agreements on land occu- designs for the first cover issue of stamps. ity for positions in the Federated States, pied by the Truk government will expire He said that he will designate a com- Falcam said. 00 in May, 1984; cites a resolution approved mittee with representatives from the four Current employees will have 30 days by the fifth FSM Chief Executives Con- FSM states to select the stamps designs to decide whether to transfer, or take the ference urging the TT government to turn which should "illustrate traditions, positions with the FSM Postal Service, I over $1,399.,229 remaining from 1980 history and culture which are really after they are offered positions with the funds appropriated for land acquisition genuinely important to us, the FSM FSM Postal Service, he said. and the national government to seek people." more funds, and joins the chief executives in urging the High Commissioner to FSM Washington attorneys on behalf expedite the transfer of "funds sufficient of the Status Commission so far have Dorm funds proposed to conclude such land acquisition tran- identified two philadelic agents, Inter- sactions." governmental Philadelic Co. of New York In legislature JLC Resolution No. 2 states that and Crown Agents Security Philadelic state expenditures exceeded its fiscal Services of London, who are interested KOLONIA, Ponape - Bills to provide 1983 revenues due to "inflationary fac- in printing and distributing postage funds to complete the Community Col- tors and the wholly unanticipated medi- stamps for the Federated States, accor- lege of Micronesia men's dormitory cal and fuel costs resulting from the re- ding to Falcam. construction and Ponape Community occurrance of cholera." The Washington attorneys were for- Action Agency women's program were It resolved to report the Truk state warding their price quotations, market introduced during the first day of the financial crises to the TT High Commis- outlets, number of issues, length of Ponape State Legislature Fifth Special sioner, U.S. Interior Secretary and the contracts and estimated revenue to the meeting, according to PSL Information U.N. General Assembly president. FSM, he said. Officer Joseph C. Alanzo. JLC Resolution No. 3 asks the High The FSM Congress, through its opera- Commissioner to transfer all capital tions will have final approval of "any Senator Kasiano Joseph introduced improvement project functions to the agreement this office enters into with LB 634-83 to authorize $10,000 to FSM national government as requested a philadelic agent," Falcam said. complete construction of the CCM by the Chief Executives during their Falcam said that he plans to meet with men's dorm, while Senator Yosuo Phillip Nov. 1-5 conference in Ponape. U.S. Postal Service officials in Honolulu and Job Micah sponsored LB 635-83 JLC Resolution No. 4 states that in mid-December. He also said that he to provide $20,000 for the PCAA because Moen is the geographical center hopes to meet with representatives of women's program. of the FSM and Truk State Hospital staff the two philadelic agents at the same faculties are equal to, or exceed those in time. Phillip and Sen. Relio Yamada in- the other states, the hospital should be "Once I meet with the U.S. Postal troduced LB 636-83 to provide $6,000 designated the medical referral center people, I will have a better fix on the to finance secondary roads mainte- for patients from throughout the FSM. transition (timing)," he said, after estima- nance in Kolonia and LB 637-83 to au- JLC Resolution No. 5 urges the ting it would take at least six months to thorize $20,000 to purchase dump creation of a Micronesian Police Academy prepare for the transition, including trucks for Kolonia Town. in Truk to serve the FSM, Marshall developing a minimum acceptable staff and securing operations funding. Islands and Palau. A resolution to issue a Thanksgiving JLC Resolution No. 6 urges the Truk The U.S. Postal service is to rum existing facilities and equipment in the Day proclamation thanking the United State Legislature, FSM Congress and States for the assistance given to the Micronesian Maritime Authority to FSM over to its postal service when the transition is completed, he said. Micronesian people during the U.N. provide additional financial and tech- trusteeship was introduced by Senator nical support to complete the develop- The staff is expected to include a ment of the fisheries complex on Dublon secretary, an assistant to help with Nelson Pelep. Island, Truk Lagoon. the administration of the service, postal JLC Resolution No. 7 supports the inspectors, a philadelic advisor and a Speaker Salter Etse appointed President's tax revision measure for the financial manager, or accountant, Falcam Senators Joanes Edmund, Ignacio Rodri- FSM "to begin assuming its financial said, noting that he is searching to lease quez, Joseph Moses and Pedrus Silbanuz responsibility as a nation" to shoulder office space in a privately-owned build- to represent the legislature at a confe- its share of government operations costs, ing in Kolonia to house the FSM Postal rence on government organization and finance new programs and offset the Service headquarters. effectiveness Nov. 20-26 at the Guam progressive decline of U.S. grant funds The Third FSM Congress appropriated Legislature Building. They were accom- under the 15-year Compact of Free $60,000 to start up the Postal Service panied by Assistant Legislative Counsel Association. when it enacted PL 3-13 to establish Henry Biza. £ Committee staff s Corps of Engineers briefs.... o KOLONIA, Ponape - Col. Michael M. KOLONIA. Ponape - Col. Michael M. To visit FSM *2 Jenks, Honolulu District Engineer, U.S. Jenks. Honolulu District Engineer. U.S. jg Army Corps of Engineers, issued a Army Corps of Engineers, issued a fede- KOLONIA, Ponape Kathy Johnson £ federal permit on Oct. 3 to Yulian Fine, ral permit on Oct. 11 to Anna W. Mijares, of the House Interior Committee staff is 1 chief of Sopo Village, Fefan island. Truk Moen. Truk State, authorizing construc- scheduled to make an orientation trip 2 State, authorizing construction of protec- tion of residential landfill adjacent to Nov. 28 - Dec. 14 through Micronesia, z tive seawalls along the shoreline of Sopo Winipat Waterway at Nepukos. according to Acting Assistant Secretary o Village. "This permit." the District Engineer of Interior for Territorial and Interna- "Under this permit," Colonel Jenks explained, "authorizes Ms. Mijares to tional Affairs Richard Montoya. explained, "about 1,020 feet of seawall construct an 850-square-yard fill area Ms. Johnson will be accompanied will be constructed along the village extending from her existing property. by Laurie Neville of the OTIA Micro- Ishoreline to protect the existing taro Approximately 1,760 cubic yards of nesia Desk and Tommy Perez of the patch from salt water demage. basaltic boulders and upland fill material OTIA Technical Assistance Office in 8 "The seawall will be constructed of will be used for this project. Rock fill Guam, Montoya said in a Nov. 21 dis- Z basalt rocks from upland sources." and riprap will be used to protect the patch to President Tosiwo Nakayama. W he said. "This project will convert some fill area from erosion. The fill area will Ms. Johnson "is especially interested J5 shoreline mangrove swamp area to taro be used to construct additional living in capital improvement projects," patch." space for Ms. Mijares' family." Montoya said, requesting meetings with The application for this permit was The application for this permit was appropriate officials throughout the publicized in June for public review and publicized in August for public review TTPI. comments. No objections were raised and comments. She is scheduled to arrive in Guam on against the seawall project during the "No objections to the proposed land- Nov. 28, then go to Saipan, Nov. 30; ensuing review and processing period". fill were raised during the ensuing permit Majuro, Dec. 1; Ponape, Dec. 4; Guam, review and processing period, leading to Dec. 7; Yap, Dec. 8; Koror, Dec. 10; the decision to grant the permit," Colo- Truk, Dec. 13, and back to Guam on KOLONIA, Ponape - Col. Michael nel Jenks added. Dec. 14 to depart for Honolulu. M. Jenks, Honolulu District Engineer. U.S. Army Corps of Engineers, issued a Instructors sou^rt federal permit on Oct. 6 to Steven I Personnel nofes^..I Bartolome, Kolonia, Ponape, authorizing KOLONIA. Ponape Part-time ins- construction of landfill in nearshore tructors are being sought for the College KOLONIA, Ponape - The Office of waters of Kolonia Bay fronting his of Micronesia Continuing Education Cen- the Public Auditor is advertising three property at Mwalok village. ter program in Ponape, according to CEC auditor positions with the intention of Coordinator Oliver Joseph. finding at least one Micronesian with the "This permit," the District Engineer Joseph said that he is seeking people said, "authorizes Bartolome to cons- qualifications to fill one of them, accor- truct a 9,000-sqaure-foot landfill area with professional and technical skills ding to the FSM Personnel Office. who would like to earn extra money by the positions advertised are junior, which he will use to build more living teaching credit and non-credit CEC space for his family with a small fish staff and senior auditors; the minimum market, pigpen, and boat house. courses on the Community College of salaries range from S347.20 to S553.60 Micronesia campus. biweekly, and the qualifications include "He plans to use hand-collected rocks and coral rubble to construct the a college degree in accounting for all landfill," Jenks said. three and range from two to five years of Bartolome's application for this permit experience. was publicized in March, 1983, for public The closing date was extended to Dec. review and comments. 22. with applications to be obtained from and submitted to: Office of Per- sonnel, FSM National Government. KOLONIA, Ponape Col. Michael Kolonia, Ponape ECI 96941. M. Jenks, Honolulu District Engineer, KOLONIA. Ponape - The College of U.S. Army Corps of Engineers, issued a Micronesia is seeking a personnel officer federal permit on Sept. 22 to Ms. Chris- to be located in its central office here tina Samuel, authorizing construction of with a minimum SI5.000 annual salary. landfill in nearshore tidal waters ad- The position requires a degree in pub- jacent to the Dewen Nehu River outlet lic or business administration and five at Kolonia. LAID KAPW CEREMONY - Community "This permit," Jenks said, "author- years of personnel management experi- College of Micronesia President Catalino ence. izes the construction of a 2.000-square- Cantero, center, is directing the distri- foot residential landfill which Ms. Samuel Applications must be sent by Dec. bution of about 1,000 pounds of fish 9 to the College of Micronesia. Office of will use for more living space for her caught Nov. 15 by CCM students and family. Approximately 300 cubic yards the Chancellor. Kolonia. Ponape ECI faculty during Nov. 16 Ponapean Laid 96941. of upland fill material will be used to Kapw ceremony dedicating a new 23-foot construct the landfill." boat and 40 horse power motor purchas- KOLONIA, Ponape Applications are The application for this permit was ed by the college for research and recrea- being accepted through Dec. 6 for a publicized in April for public review and tion. In the background from right are staff attorney HI for the FSM Public comments. No objections were raised Gov. Resio Moses, FSM Resources and Defender's Office in Colonia, Yap. with during the ensuing review and processing Development Secretary Bernard Helgen- a S23.171.20 minimum annual salary by period. berger and Lt. Gov. Strik Yoma. the Office of Personnel. H Mangor, f fier get Finance posts Kakuyo Maru Oz serving nine years as a Reno, Nevada, city Revisits Ponape > accounting division supervisor. He is a f graduate of Midwestern State University, KOLONIA, Ponape - "KAKUYO C Witchita Falls, Texas. MARU," a 190-foot Japanese Education z FSM Public Auditor John Dye said O Ministry training vessel from Nagasaki z that he would begin recruiting for an University revisited Ponape, Oct. 12-15, expatriate to replace Etier, and hoped to as part of the four-month ocean training z •«; have someone in the position soon after course for students studying marine n Jan. 1. science and navigation. or ''I am agreeing to the transfer (of n Mangar Etier Kakuyo Maru with maximum trial Etier) for the overall good of the govern- speed of 16.017 knots, is one of the KOLONIA. Ponape - FSM Finance ment," Dye said, adding, "Filling the three floating classroom vessels equiped Secretary Al Tuuth announced the ap- Accounting Division position is a critical with sensitive electronic machines for pointment of former Yap State Political need for the government." navigation, purse-seining and marine life Affairs Officer Patrick Mangar as depart- studies, utilized by the Japanese Educa- ment administrative officer effective Nov. Neno attends conference tion Ministry for students for the Naga- i 8 and the transfer Nov. 2 of Luther KOLONIA, Ponape - FSM Adminis- saki University, according to Makiyo (Lou) C. Etier from the Public Auditor's Yoshimitsu, 23, the only woman cadet on Office to Accounting Division Chief. tration Management Chief Reed Nena Mangar served as political affairs attended a top level public administration board. officer in the Yap Public Affairs Depart- conference Nov. 7-11 in Suva, Fiji, accor- The 1,044.38 gross-ton Kakuyo Maru has 29 crew members, 14 scientists from ment since 1981. after serving two years ding to Budget Officer Del Pangelinan. as chief legislative liaison officer for the Nine Pacific island countries were Japan and Republic of China and eight cadets who took part of the four-year department. represented at the conference which was organized and convened by the U.N. college requirement of four months to He served 1967-79 at the TT head- study fishereies in a trip that originates quarters in Saipan as an information Development Advisory Team. They are from Japan to Ponape, Taiwan and back. officer and assistant chief of the Politi- Fiji, Kiribati, Niue, Palau, Western Sa- moa, Solomon Islands, Tonga, Tuvalu The ship was scheduled to arrived cal Affairs Division. Taiwan on Nov. 24 where it would dis- Mangar. 37, is a native of T'enfar vil- and the FSM. The conference was opened by Univer- charge nine Taiwanese scientists who lage, Gagil Municipality, Yap, who was have been participating in the training graduated from George Washington High sity of the South Pacific Vice Chancellor Geoffrey Caston. Its topics included and research during this trip. School, Guam, and the College of Guam Capt. Shigeo Abe and his crew hosted and took post-graduate and extension management, decentralization, localiza- tion, training and staff development, a reception Nov. 14 on board the Kakuyo courses in public administration and Maru for local dignitaries, including editing. industrialization and overseas assistance available through the USP Institute Ponape State and the national govern- Etier, 49, became senior auditor in ment officials. the FSM Public Auditor's Office, after of Social and Administrative Studies. IMF advisor arrives

KOLONIA, Ponape - Romulo O. Sison of the Central Bank of the Philip- pines arrived in Ponape on Oct. 26 to serve for one year as the International Monetary Fund (IMF) advisor to the FSM, according to Senator Elias H. Thomas, Banking Board Chairman. Sison is on loan to the IMF to advise the FSM on banking policy, regulations and operations. At the Central Bank of the Philip- pines, Sison has been the assistant direc- tor to the deputy governor for super- vision and examination. He served the bank 20 years going from examiner to technical assistant to the director in the bank, after serving as a financial manager and consultant in private business firms. He also taught finance, banking, accounting and econo- mics at two universities for the past 17 PRESIDENT ATTENDS RECEPTION - President Tosiwo Nakayama, left, is being years. greeted by Capt. Shigeo Abe during reception held Oct. 14 on the Kakuyo Maru, a Sison, a Certified Public Accountant, University of Nagasaki marine science training vessel which visited Ponape Oct. 12- received master's degrees and specialized 15 during a four-month cruise. The ship visited during another training cruise in in development economics at Ateneo October, 1982. de Manila University, University of the Philippines and University of Wisconsin. Says state justices may decide when to start up

1 KOLONIA, Ponape - The chief jus- courts have begun to function," although Title to existing court facilities has tices of the new state courts in the FSM the statement notes that probably no- been transferred to the states with the o final decisions by a management official z (Continued from page 1) > who is biased, the Court found that r KOLONIA, Ponape - FSM Supreme State Jail, before investigation had Nakayama was not biased against Suldan. Court Chief Justice Edward King ordered been completed and when no formal c the sale, or disposal of the Miyako Maru, charges had been filed. In FSM vs. Lorenzo Doone, the o a 100-foot steel-hull Japanese long-line In Venancio Suldan vs. FSM, the court found in a Nov. 9 decision by z fishing boat with two refrigeration holds, court upheld the decision by President King that Doone was guilty of criminal z Tosiwo Nakayama to dismiss Suldan for o owned by Ponape Ocean Products, Inc., failing to show up for duty and aband- escape under the FSM National Criminal s and Oceania Marine Products Co., Ltd. oning his post as an FSM police officer in Code for fleeing from state policeman authorized to enforce both state and fOt " Bids for the vessel are to be submitted 1981, in an Oct. 28 decision by Chief - by Dec. 9 to Martin F. Mix, P.O.Box 143, Justice Edward King. national law. Suldan, who was represented by The escape occurred before a decision Ponape ECI 96941. It will be sold as it is had been made as to what charges would and where it is for cash only with the Micronesian Legal Services Corp. attor- ney Patricia Billing ton, had argued that be filed against the defendant, and be- purchaser to be responsible for its move- fore a determination whether the charges ment. the law was unconstitutional in alleged- 2s ly denying due process under the FSM would be state or national. Following is the Nov. 10 order in Constitution by providing for a final The court said that even if illegally Civil Case No. 36-81, Isao Nishimura vs. decision by a management official, detained, a prisoner has no right to es- the owners, and Civil Action No. without expressly requiring that the cape from a "custodial facility" and that 1982-020, Ponape Federation of official review the hearing record. a police car is a custodial facility." Cooperative Associations vs. the owners: In his 25-page decision, King held "The law generally requires that a that the National Public Service System prisoner test the legality of his deten- Act provided adequate due process. The tion in a court of law rather than attempt "The plaintiff in the above entitled Act provides for a hearing by an ad hoc to enforce his own claim to freedom", case having advised the Court that all three-member panel. the court said. Otherwise, "chaos would efforts to dispose of the Miyako Maru King held that a full review of the ensue". have failed and that the Miyako Maru record is necessary before the official The defendant's escape from the is deteriorating and may possibly sink making the final decision may overrule moving police car also caused "substan- in its present position, thereby present- the ad hoe committee's recommenda- tial risk to harm to officer Edgar Manasa ing a hazard to navigation; and tion on the basis of factual disagreements. and the police car" after Doone had been "The plaintiff also having represen- The Court held that a review of the arrested in the March 3, 1983 drunken ted that the previous proposed purchas- hearing record is not essential if the of- disturbance at the home of his uncle. er of the vessel, David Nelms, has failed ficial accepts the committee's recommen- Ponape Public Defender Loretta Fay- to respond to correspondence; and the dation or disagrees only on a point of monville represented Doone, while Assis- law, unaffected by the facts. tant Attorney General Carl Ullman ar- Court having provided notice of this The law states that the review panel gued both cases for the FSM. proposed order to all interested parties "shall forthwith transmit (its recommen- and having received no objection from dation) with such supporting documen- Waste removal planned those parties; " tation as it deems appropriate, to the KOLONIA, Ponape - The U.S. En- "IT IS HEREBY ORDERED: highest management official responsible vironmental Protection Agency approved "1. The Miyako Maru shall be offered for the agency in which the appellant funding for the removal of hazardous for sale by notices to be carried in the is or was employed. wastes from nine sites in the Trust earliest two available editions of the The decision of that management Territory of the Pacific Islands and ship National Union official shall be final." them to California for disposal, according The ad hoc panel had recommended to the TT Environmental Protection "2. If an offer or offers for the vessel reinstatement of Suldan's because his are received then the vessel shall be sold Board. supervisors in the Attorney General's The board also stated in its announce- to the highest bidder and the proceeds Office had credited him with sick leave ment that: thereof turned over to the Chief Clerk of and annual leave for absences cited as "The wastes are located in various this Court for distribution to the credit- grounds for termination. locations in the islands and generally ors pursuant to court order to be entered The President disagreed because he did consist of unused or discarded substances after hearing at a later date; not believe the granting of leave credit which cannot be permanently stored or "3. If no bidders respond to the notice constituted a waiver of the government's disposed of in their present locations. in the National Union, the vessel shall right to object to the police officer's "Although no adverse impact on pub- be put at the disposal of Marine Resour- failure to carry out his responsibilities. lic health has been observed because of ces Department of the State of Ponape The decision noted that the President these materials, the EPA in consultation for sinking to make an artificial reef. agreed with the facts reported by the with local officials has determined that "4. Counsel for plaintiff, Martin F. panel and disagreed only on their legal their safe removal and disposal is desire- Mix, shall be responsible for carrying out effects. able to prevent any future problems this order. Upon completion of the The Court also accepted Nakayama's which may arise. actions provided for here, but in any representation that he had carefully "The EPA will be joined by the Coast event no later than January 31, 1984 reviewed the entire record. Guard in directing and carrying out he shall file a written report notifying The Court also rejected Suldan's the removal operation. the Court of his actions hereunder. There- contention that the Act allows biased "Special shipping containers will be after, the case may be closed. management officials to pass final judge- brought in and a team of highly-trained "So ordered the 10th day of Novem- ment. personnel will pack the materials in con- ber, 1983." , ,, , , „ .,__ „„,«, After holding that the Act prohibits tainer and arrange for shipping. 00 s FSM eyes trade,

V i Bank membership

KOLONIA, Ponape - An FSM dele- Igation left Ponape Nov. 23 on a fact finding mission to Australia, New Zea- land and Manila. In Australia and New Zealand, the delegation plans to explore possibilities for trade relations aids and technical o assistance, especially in the area of man- H power development and training. z Australia and New Zealand are major contributors to development activities ILO OFFICIALS MEET WITH VICE PRESIDENT - International Labor Organiz- in die South Pacific region and to the ation Chief Technical Advisor Frank Lunn, third from left, and Training Consul- regional programs and projects through tant David Parish, second from left, are discussing plans to bring their Trades Train- which the FSM is receiving benefits. ing and Testing program to the FSM with Vice President Bailey Olter, right. Others While in Manila, the delegation will shown are FSM Labor Officer Simon Poll, left, and Immigration and Labor Divison discuss membership requirements and Chief Gideon Doone, second from right. application procedures with Asian Deve- lopment Bank officials, according to External Affairs Secretary Andon Ama- Skills certification planned raich. "The U.S. State Department has writ- KOLONIA, Ponape - The U.N. Deve- counterpart trainers hi the FSM for three ten to the U.S. director at the bank, lopment Program and International Labor years. John A. Bohn Jr., informing him of Organization are preparing to bring their The program will include training in U.S. interest in sponsoring the FSM, Trades Training and Testing program to vocational skills, such as carpentry Marshalls and Palau for ADB member- identify, 'upgrade and certify skilled cabinet making, brick and block laying, ship," Amaraich said. workers to the FSM by mid-1984, accor- painting, plumbing, motor vehicle mech- The delegation making the explora- ding to Chief Technical Advisor Frank anics, heavy plant mechanics and opera- tory visit to the ADB headquarters is Lunn of the ILO office in Fiji. tion, gas and electric welding, diesel headed by. Deputy External Affairs The FSM national government invited engine mechanics, electrical repairs and Secretary Asterio Takesy and includes the UNDP and ILO to bring the program installation, air conditioning, refrigeration FSM Congress External Affairs Com- to the Federated States to identify and power linesman. mittee Chairman Isaac Fijir, and John trained tradesmen and encourage them The training program, depending on H. Sullivan, an economic consultant. to certify their skills for better employ- the participants' skill levels will range Amaraich said that the purpose of ment prospects through continuous train- from one week to one month, according the visit to the ADB is to explore possi- ing, according to Lunn who was accom- to Lunn who said there will be three ble assistance to the FSM. panied by ILO Training Consultant levels of tests to determine the skill "The ADB loans funds to member David Parish. levels which include 1) Basic for begin- countries for economic development They paid a courtesy visit Nov. 28 ners; 2) intermediate for persons with purposes for long periods of time at low to Vice President Bailey Olter and met three years of experience hi the trade interest rates," Sullivan said. "Particu- with Resources and Development Secre- area 3) final for persons with five years larly concessional rates are available tary Bernard Helgenberger and Immigra- of experience hi the trade. from the Asian Development Fund where tion and Labor Division officials, before The training will be "100 per cent a typical loan is repayable in 40 years, in- meeting with other national govern- practical work directed to people already cluding a grace period of 10 years, at ment officials. They arrived Nov. 25 employed to upgrade skills and certifi- a service charge of 1 per cent. in Ponape and are scheduled to leave cate their skill levels with a nationally "The bank also provides technical Dec. 1. recognized certificate," Parish said. assistance grants to assist recipient coun- The FSM will be one of 10 Pacific The scheme is being currently con- tries design and develop projects and sub- Basin countries to host the UNDP-ILO ducted in Fiji, Niue and the Solomons sequently to obtain expert advisory training and certification program, accor- to meet demands for non-formal training services in the project implementation ding to Lunn. who said that the UNDP for the construction, mechanical and state," Sullivan said. will fund three trainers to work with electrical industries.

THE NATIONAL UNION Published by: FSM Information Offict P.O.Box 490, Kolonia. Ponap* Federated States of Micronesia 96941 Telephone 548

Ketson Johnson, Information Officer Thomas Bryan, Information Advisor Esikiel Lippwe, Broadcast Officer Angeltta Mualia, Secretary Widell Edwin, Graphic Artist