Title 1, Government

Amendments to the NMI Constitution and Referendums. All proposal for amendments to the NMI Constitution pursuant to Article 18 of the NMI Constitution, and all issues of referendum proposed for submission to the voters, shall be certified and submitted to the Commission not more …

Qualifications. To be eligible for the office of Delegate a person shall: (a) Be at least 25 years of age on the date of the election; (b) Have been a citizen of the United States for at least seven years prior to the date of the election; (c) Be a resident and domiciliary of the…

Nominations. The nomination of candidates for the office of Delegate shall be made by the petition of any political party or by any independent candidate, and shall be made according to the procedures for political parties and independent candidates set forth in this division. So…

Election. (a) The Delegate shall be elected by the people qualified to vote for the popularly elected officials of the Commonwealth of the Northern Islands. (b) The election of Delegate shall be conducted at the general election on the Tuesday next after the first Monday in Novem…

Term. The term of the Delegate shall commence on the 3rd day of January following the date of election and shall expire upon the subsequent date of commencement of term two years thereafter. Source: PL 16-13, § 2(6363).

Vacancy. In the case of a permanent vacancy in the office of Delegate, the office shall remain vacant until a successor is elected and qualified. Source: PL 16-13, § 2(6364).

Special Election. (a) In the case of a permanent vacancy in the office of Delegate, the Governor shall call for a special election to be held within 90 days of the date of the call for election; provided that in the event that a vacancy occurs within six months of the next genera…

Procedures. Except as otherwise provided by federal law, the conduct of the election of Delegate to the U.S. House of Representatives shall be according to procedures set forth in this division. Source: PL 16-13, § 2(6366).

Authorization for Reprogramming. Notwithstanding any provision of law to the contrary, the Governor shall reprogram the sum of $60,000 from the Office of the Resident Representative's Account to the Commonwealth Election Commission (CEC) for the first Delegate election to be cond…

Conflict of Law. Any conflict between this article and federal law shall be resolved in favor of the federal law. Source: PL 16-13, § 2(6368).

Functions and Duties. The Mayor-elect shall be staffed by such temporary employees as are appointed by the Mayor-elect. The office shall work together with the incumbent Mayor or designee and the current officials to provide for the orderly transfer of power from one Mayor to the…

Access to Information. To further cooperation, the head of each department, office, gaming commission excluding the Commonwealth Lottery Commission, instrumentality, or other entity of the Office of the Mayor shall upon request: (a) Make available all files and records, except pe…

Employees. The Mayor-elect may engage the services of private firms, experts, consultants, and other professionals and may employ such staff as necessary to carry out the purposes of this chapter. No person employed under this section shall become a member of the civil service by…

Committee on Transition. (a) For the purpose of carrying out the duties of the Mayor-elect, the Mayorelect may establish a committee on transition, the member of which shall be appointed by and serve at the pleasure of the Mayor-elect; (b) Any branch, office, agency, board, commi…

Facilities. The incumbent Mayor or designee shall provide, upon request, to the Mayorelect for use in connection with the preparation for the assumption of official duties as Mayor, necessary services and facilities, including suitable office space appropriately equipped with fur…

Inauguration Ceremonies. The Mayor-elect shall provide for the inauguration of the new Mayor in appropriate ceremonies. Source: PL 19-11 § 3(106) (Oct. 15, 2015).

Termination of Activities. The Mayor-elect shall cease operations upon the inauguration of the new Mayor; provided, that the staff shall prepare and submit a financial summary and activities report to the Mayor and the legislature 20 days after the inauguration. Source: PL 19-11 …

Appropriations and Reprogramming. The Mayor shall include in his/her budget submission to the legislature, for each fiscal year in which his regular term of office will expire, an identified appropriation for use under this chapter shall remain available for any mayoral transitio…

Fixed Assets and Capital Goods of the Office of the Mayor. All fixed assets and capital goods situated in Office of the Mayor, listed in the inventory as provided under 1 CMC § 6931(d), shall not be transferred out of the office. The fixed assets and capital goods shall remain un…

Penalty. (a) Except as provided in subsection (b) of this section, any person found by a court to be guilty of knowingly violating any of the provisions of this chapter or furnishing false, misleading or incomplete information to the Mayor-elect or his office with the intent to m…

Expenditure Authority for Capital Improvement Projects. (a) No public officer or other person shall allot, obligate, or expend funds for capital improvement projects which require funding out of the guaranteed direct grant assistance established by Covenant § 702(b), except as au…

Capital Improvement Project Reprogramming Authority. (a) The Governor may reprogram unobligated funds appropriated for capital improvement projects only after a reprogramming request has been approved pursuant to 1 CMC § 7402(d) or after a project has been certified complete by t…

Authorization for Funding By Commonwealth Agencies. (a) The Director of Finance shall withhold one percent of all locally generated funds appropriated by Commonwealth law for all Commonwealth government agencies’ operations and activities as well as for all capital improvement pr…

Authorization to Accept Funds for Audits for Federal Agencies. (a) The Public Auditor may enter into agreements or contracts for the federal government, federal agencies, or Commonwealth agencies, acting in their behalf, for the purpose of conducting mutual financial audits of pr…

Budget. The Public Auditor shall advise the coordinating group of his annual budget at least 30 days before the date specified by the Governor for transmittal of the budget to the Office of Planning and Budget. The budget shall accord with the requirements of part 1 of this divis…

Civil Service System: Applicability; Exemptions. (a) Except as provided in this section the Civil Service System shall apply to all employees of and positions in the departments and agencies of the executive branch and in the administrative staffs of the legislative and judicial …

Civil Service System: Classification. Class titles shall be used to designate positions in all official records, documents, vouchers, and communications; and no person shall be appointed to or be employed in a position in the civil service under any title which has not been appro…

Civil Service System: Position Classification Plan. All positions in the civil service shall be classified within a position classification plan, and all persons holding such positions shall be compensated as provided by law. Source: PL 1-9, § 7, modified; repealed and reenacted …

Exemptions from Classification. The Commission may exempt positions from the classification system as it deems appropriate to meet the needs of the Commonwealth. Source: PL 1-9, § 6; repealed and reenacted by PL 17-80 § 3 (8134) (August 31, 2012). Commission Comment: See the comm…

Utility Payments: Responsibility for Utility Charges. After September 30, 1977, occupants of houses owned or leased for employees by the Commonwealth government or the Trust Territory government in the Northern Mariana Islands shall be charged at the standard residential rate per…

Utility Payments: Nonapplicability to Preexisting Employment Contracts. The provisions of 1 CMC § 8231 shall not apply to any occupant who is guaranteed free electrical power or free water by virtue of any contract of employment or agreement which was in effect as of October 1, 1…

Utility Payments: Responsibility of Trust Territory. If the Trust Territory government continues to provide free electrical power (up to 1,000 kilowatt-hours per month) or free water to their contract employees or to United States civil servants residing in the Commonwealth beyon…

Normal Retirement Benefits for Class I Members. Any class I member who is at least 62 years of age and who has 10 years of contributing membership service from May 7, 1989, may retire on a service retirement annuity upon written application to the Board of Trustees, except that e…

Early Retirement Benefits for Class I Members. Any class I member who has attained 52 years of age and has a minimum of 10 years of membership service, or any member who has achieved a minimum of 25 years of membership service, may elect to take early retirement, upon written app…

Retirement: Class II Members. (a) Any class II member who is at least 60 years of age may retire on a service retirement annuity upon written application to the board. (b) Any class II member who has 25 years of membership service may retire on a service retirement annuity upon w…

Retirement Annuity for Class II Members. A class II member retirement annuity shall be calculated as follows: (a) An amount equal to two percent of average annual salary for each of the first ten years of membership service, and 2.5 percent of average annual salary for each year …

Occupational Disability Benefits. (a) Any member who becomes totally and permanently disabled for service from an occupational cause shall receive an annuity equal to 50 percent of the salary such member was receiving at the time the disability was incurred. Such annuity shall co…

Nonoccupational Disability Benefits. Any member with at least five years of membership service who becomes totally and permanently disabled for service from nonoccupational causes shall receive the same benefits as those provided members with an occupationallycaused disability. S…

Disability: Administrative Provisions. (a) A member shall be considered totally and perm anently disabled after the board receives writt en certification by at least t wo licensed and practic ing physicians selected by the board, at least one of whom is a spe cialist in the area …

Benefits: Death Prior to Retirement Without Survivor Benefits. Upon death of a member occurring before his or her retirement on a retirement annuity, leaving no persons eligible for survivor annuities as provided herein, the following shall be payable: (a) For class I members, a …

Benefits: Death After Retirement Without Survivor Benefits. Upon death of a member while in receipt of a service retirement annuity or disability retirement annuity, leaving no person entitled to survivor annuities as provided herein, the following shall be payable: (a) For class…

Benefits: Survivor Annuities for Class I Members. Upon death of a class I member while in service having completed at least 18 months of membership service, or death of a class I member who is in a receipt of a disability or retirement annuity, survivor’s benefits shall be payabl…

Benefits: Survivor Annuity Rate Formula for Class I Members. The annual survivor annuity payable for class I members shall be as follows: (a) Spouse. The basic annual survivor annuity shall be equal to 50 percent of the adjusted retirement annuity accrued by the member at the dat…

Benefits: Survivor Annuities for Class II Members. (a) Upon death of a class II member while in service, having completed at least three years of membership service, if a surviving spouse or minor children survive the member, the following annuities shall be payable: (1) If a spo…

Benefits: Survivor Annuity Rate Formula for Class II Members. (a) Spouse. The basic annual survivor annuity for spouses of class II members shall be equal to 50 percent of the disability or service retirement annuity earned by the member and accruing to his or her credit at the d…

Benefit Improvement for Class II Members. Notwithstanding any other provision of this part, class II members and survivors will receive the greater of any benefit they are entitled to under class II eligibility and benefit determinations or the benefit they would have been entitl…