Marshall Islands 1979 Constitution (reviewed 1995)

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 purpose 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 member or employee of any such public corporation or other statutory authority shall be deemed to receive his compensation from public money; but, without prejudice to the status for any other purpose or 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.

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.

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. In exercising his responsibilities under paragraph (3) of this Section, the 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 the 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 who was a citizen of the Republic at the time of his appointment 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.

Section 6. Tenure of Office of Members 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; 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.

Section 7. Compensation of the 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

1. 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;
2. the need to afford reasonable opportunities of employment of the citizens of the Republic;
3. 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.