Part 7. MISCELLANEOUS
Rule 7.1. Disorderly Manner.
If a Senator conducts himself in a disorderly manner during a meeting of the Legislature, the Speaker may order the Senator to discontinue the conduct. If the Senator then persists in conducting himself in a disorderly manner, the Speaker may request the Senator to leave the chamber. If the Senator refuses to leave the chamber, the Speaker may direct the Sergeant-at-Arms to remove the Senator from the chamber for the remainder of the meeting then in progress, or for a shorter time in the Speaker’s discretion.
Rule 7.2. Time.
The Legislature observes time by the designated clock in the chamber that is maintained according to official local radio time and may not be altered for any reason.
Rule 7.3. Security of Communication.
By administrative directive, the Speaker provides for a regular method whereby the distribution and divulgence of internal Legislature communications are limited to the parties addressed and authorized Senators and staff.
Rule 7.4. Communication with the Executive.
By administrative directive and arrangements with the Governor the Speaker provide for an orderly, efficient method of communication between the Legislature and its committees, and the Executive.
Rule 7.5. Standing to Vote.
A Senator may not vote on any matter that directly involves himself or his family, except that a Senator may vote on such a matter if it also has general application to the public at large. Before a vote is taken, any Senator may request the Speaker to rule on another Senator’s standing to vote. When there is a question as to a Senator’s standing, the Senator that raised the issue shall present facts to support the claim. If the Senator who has the conflict raises the matter himself, then the Speaker shall make the final determination regarding the conflict.
Rule 7.6. Censure; Suspension; Removal.
The censure, suspension or removal of a Senator is by resolution, acted upon no earlier than five days following introduction. During a period of suspension a Senator may not perform any Legislature related activities.
Rule 7.7. Dress.
When attending session of the Legislature, a Senator shall wear attire appropriate to the occasion. A Senator shall wear a necktie on the opening and closing days of any session of the Legislature and other special occasions designated by the Speaker. A Senator failing to wear proper attire may be refused admittance or be removed from the chamber by the Sergeant-at-Arms at the direction of the Speaker.
Rule 7.8. Documentation and Reimbursement from Representation Funds.
Documentation of the official purpose for expenditures in the performance of official duties must be provided. The Speaker shall authorize legitimate reimbursements when a Senator provides sufficient documentation for reimbursement. Documentation is sufficient if it includes:
1) a brief statement describing the expenditure sought to be reimbursed;
2) a standard dated receipt giving the name and address or telephone number of the recipient of the expenditure, or
2a) in case where a receipt is unavailable, a sworn affidavit giving the name and address or telephone number of the recipient of the expenditure and the reason a receipt is unavailable; and
3) a concise statement of how the expenditure furthers official duties. Representation funds may not be reimbursed for political campaigning or other personal expenditures. Representation funds may be used only to reimburse Senators for actual expenditures incurred in the performance of their duties within the following four categories:
a. On-Island Transportation. This category includes expenditures for any on-island travel incurred in the performance of official investigative duties.
b. Off-Island Transportation. This category includes expenditures for any off-island travel incurred in the performance of official investigative duties.
c. Information. This category includes expenditures for gathering, copying, preparing, and distributing information in the performance of official duties.
d. Public Hearing and Legislative Investigation. This category includes the expenditures for preparing, conducting, and concluding official public hearings and Legislative investigations. The Fiscal Officer shall keep and make available to all Senators a current spreadsheet showing journal entries and reimbursements for each expenditure allocated from each Senator’s representation fund. The spreadsheet shall show the net reimbursement fund available to each Senator at all times. The spreadsheet shall be a public record and shall be made available to any person requesting it. The Speaker shall provide to the Fiscal Officer a copy of the monthly report form the Director of Administration and Finance. The Fiscal Officer shall immediately compare his current spreadsheet with the monthly report. If there are any discrepancies, the Fiscal Officer shall immediately make a written inquiry to the Director of Administration and Finance and advise the Speaker of the discrepancy. The Speaker is the final arbiter of any dispute regarding a claim for reimbursement from representation funds.
Part 8. LEGISLATIVE INVESTIGATIONS AND HEARINGS
Rule 8.1. Scope of Investigative Power.
The Legislature and its standing committees have such powers of investigation and contempt as are in Legislative bodies. The Legislature and its standing committees shall exercise the power fully as necessary to fulfill the Legislature’s function. The Legislature is entitled to truthful, complete testimony and other information on matters relevant to pending or future legislation or governmental oversight proceedings.
Rule 8.2. Subpoena Power.
The Speaker or any standing committee Chairman may issue a subpoena (order to appear) or a subpoena duces tecum (order to appear and produce documents) to a person to require him to appear and, as the case may be, to produce documents. A subpoena is an order to enforce the Legislature Rules of Procedure within the meaning of Kosrae State Code Section 13.624.
Rule 8.3. Subpoena Contents.
A subpoena shall contain the name of the witness, the name and place at which he is required to testify, the reasons for which his testimony is sought, an identification of any documents requested, and a warning that failure to comply with the subpoena may carry criminal and civil penalties. It shall be signed by the Speaker or the Chairman.
Rule 8.4. Service.
A copy of the subpoena or subpoena duces tecum shall be personally served by the Sergeant-at-Arms or any other Legislative employee directed to do so by the Speaker or Chairman, on the subpoenaed party at his residence no later than twenty-four (24) hours prior to the time of hearing unless because of urgency the Speaker or Chairman orders otherwise. If the subpoenaed party is not present there, the Sergeant-at-Arms or Legislative employee shall leave a copy of the subpoena with a competent adult who resides there, and the Sergeant-at-Arms shall thereafter attempt to find the subpoenaed party and serve him with another copy to ensure that he receives actual notice.
Rule 8.5. Duty of Witness; Privileges.
A subpoenaed witness shall appear at the time requested. The Legislature and its standing committee may issue an oath to a person giving testimony before it. Perjury and contempt charges apply pursuant to Kosrae State Code Section 13.612 and 13.624. The person giving testimony shall be require to provide an affirmative verbal response to the following oath: “Do you swear or affirm that the testimony that you are about to provide to this body the truth, the whole truth and nothing but the truth.” The witness has the privilege against self-incrimination and such other privileges as are provided pursuant to law to witnesses testifying in Kosrae State Court. A subpoenaed witness shall answer all relevant, non-privileged questions and produce all relevant, non-privileged documents. For any questions he claims are privileged, he shall identify the privilege.
Rule 8.6. Failure to Comply; Arrest.
In the event of the witness’s failure to appear, produce non-privileged documents in his possession or control, or answer a relevant, non-privileged question after being ordered to do so, or if in his testimony he willfully misrepresents any fact, a majority of the standing committee or the Legislature may vote on whether to arrest the witness. If a vote is in the affirmative, the Chairman or the Speaker shall order the witness arrested by the Sergeant-at-Arms. The witness shall be arrested immediately or at the beginning of the next workday by the Sergeant-at-Arms and brought to the Legislature.
Rule 8.7. Action upon arrest.
If there is probable cause to sustain a charge that the failure of the witness to appear, answer relevant, non-privileged questions, or to produce relevant non-privileged subpoenaed documents was willful, the Speaker or Chairman may direct. (a) that the witness be delivered to the custody of the police and that a complaint be filled for contempt of Legislature pursuant to Kosrae State Code Section 13.624; or, except for contempt based on willful misrepresentation. (b) that the witness be cited for contempt pursuant to
Rule 8.8. Action upon citation in contempt.
If a citation in contempt shall issue, it shall be signed by the Chairman or the Speaker and shall:
(a) direct the recusant witness to appear before the Legislature at a time and place specified in the citation to show cause, if any he has, why he should not be imprisoned for his contempt; and
(b) be accompanied by a copy of the original subpoena if the witness failed to appear, or stating the questions which he failed to answer or the evidence which he failed to produce, as the case may be. The time and place stated in the citation shall afford the recusant witness a reasonable opportunity to prepare his defense. The citation shall be served personally upon the recusant witness, and may be served by any police officer or by the Sergeant-at-Arms.
Rule 8.9. Hearing on contempt.
At the hearing on contempt, the recusant witness is entitled to:
1. the assistance of counsel
2. to produce witnesses and offer evidence in his behalf
3. to argue orally, in person or by counsel, within reasonable limits imposed by the Presiding Officer, and to present written arguments.
Rule 8.10. Coercion against condemner.
(1) If the Legislature finds by resolution that the recusant witness has in fact committed a contempt:
(a) The witness may be required to pay a fine of not less than $10 nor more than $1,000, as fixed by the resolution, for each day he remains in contempt. A fine shall be collectible in the same manner as any other debt.
(b) A warrant for the arrest of the witness must be issued if the Legislature finds that the witness should be imprisoned.
(2) A warrant issued pursuant to subsection (1)(b) must be signed by the Speaker, be directed to the Sergeant-at-Arms of the Legislature or any police officer, and order him to arrest the condemner and deliver him to the jail.
(3) A copy of the warrant must be delivered to the condemner, and must fix the time of his imprisonment as thirty days or a shorter specified time. The warrant may provide for the release of the condemner before the expiration of his period of imprisonment if he testifies or produces evidence as originally required.
Part 9. LEGISLATIVE DELEGATION OFFICES
Rule 9.1 Effective immediately and until further notice.
Rule 9.2. No table of contents entries found.
Each Delegation shall designate a Chairman in writing to the Speaker. The Chairman shall serve until Delegation designates a new Chairman in writing to the Speaker, or until otherwise impossible to continue as Chairman.
Rule 9.3 The Legislature shall contract leases for four Delegation Offices, one in each municipality.
The leases shall be signed by the Speaker and the Chairman of Committee on Judiciary and Governmental Operations.