Section 14: Heads of Executive Departments. Each principal department shall be under the supervision of the governor and, unless otherwise provided by law, shall be headed by a single executive. The governor shall appoint the heads of executive departments with the advice and consent of the senate. The governor may remove the heads of executive departments. The governor may at any time require information in writing or otherwise from the head of any administrative department, office or agency of the Commonwealth.

Section 15: Executive Branch Departments. Executive branch offices, agencies and instrumentalities of the Commonwealth government and their respective functions and duties shall be allocated by law among and within not more than fifteen principal departments so as to group them so far as practicable according to major purposes. Regulatory, quasi-judicial and temporary agencies need not be a part of a principal department. The functions and duties of the principal departments and of other agencies of the Commonwealth shall be provided by law. The legislature may reallocate offices, agencies and instrumentalities among the principal departments and may change their functions and duties. The governor may make changes in the allocation of offices, agencies and instrumentalities and in their functions and duties that are necessary for efficient administration. If these changes affect existing law, they shall be set forth in executive orders which shall be submitted to the legislature and shall become effective sixty days after submission, unless specifically modified or disapproved by a majority of the members of each house of the legislature.

Section 17: Public Services.

a) The governor shall delegate to a mayor elected under the provisions of Article VI, Section 2, responsibility for the execution of Commonwealth laws as deemed appropriate, and the administration of public services in the island or islands in which the mayor has been elected. Services being provided on a decentralized basis in Rota, and Tinian and Aguiguan, on the effective date of this provision shall continue. In furtherance of this section, the mayor shall have the responsibility for ensuring that the resident department heads faithfully execute their duties under the law and in accordance with the policies of the Commonwealth government for the administration of public services, in the island or islands in which the mayor has been elected.

b) Public services on Rota, and Tinian and Aguiguan, shall be headed by a resident department head in the departments providing the services. A resident department head shall submit a budget to the mayor pursuant to the budget instructions. No resident department head may be appointed to serve in any commonwealth-wide board, commission, or authority. These arrangements shall apply to the islands north of Saipan when the population of these islands exceeds one thousand persons.

c) Public services shall be provided on an equitable basis to the citizens of the Commonwealth. The legislature may require that these services be provided through decentralized administrative arrangements. The governor shall make any necessary recommendations to the legislature in order to accomplish this objective.

Section 19: Impeachment. The governor and lieutenant governor are subject to impeachment as provided in article II, section 8, of this Constitution for treason, commission of a felony, corruption or neglect of duty.

Source: Original provision, unaltered (ratified 1977, effective 1978).

Section 20: Retirement System.

a) Membership in an employee retirement system of the Commonwealth shall constitute a contractual relationship. Accrued benefits of this system shall be neither diminished nor impaired.

b) An employee who has acquired not less than twenty years of creditable service under the Commonwealth retirement system shall be credited an additional five years and shall be eligible to retire. An employee who elects to retire under this provision may not be reemployed by the Commonwealth Government or any of its instrumentalities or agencies, for more than 60 days in any fiscal year without losing his or her retirement benefits for the remainder of that fiscal year, except that the legislature may by law exempt reemployment of retirees as classroom teachers, doctors, nurses, and other medical professionals from this limitation, for reemployment not exceeding two (2) years. No retiree may have their retirement benefits recomputed based on any reemployment during which retirement benefits are drawn, but every such reemployed retiree shall nevertheless be required to contribute to the retirement fund during the period of reemployment, at the same rate as other government employees. The legislature may prohibit recomputation of retirement benefits based on reemployment after retirement in any event or under any circumstances.

Source: Second Const. Conv. Amend. 19 (1985); amended by Senate Legislative Initiative 10-4 (1997).

Commission Comment: Subsection b) of this section 20 was amended by the provisions of Section 2 of Senate Legislative Initiative 10-4 (1997). This subsection is set forth as amended by Senate Legislative Initiative 10-4 (1997). Section 1 of Senate Legislative Initiative 10-4 contained the following findings provision which reads as follows:

Section 1. Findings. The Legislature finds that the number of classroom teachers, doctors, nurses, and other medical professionals is insufficient to meet the demands of the Commonwealth. The Legislature further finds that there are local retirees who could fill these positions who are reluctant to do so because government reemployment would terminate their retirement benefits. The Legislature cannot provide for the utilization of this labor source due to the Constitutional prohibition against reemployment without loss of retirement benefits. The purpose of the amendment is to allow legislation to help reduce reliance on nonresident labor to fill these positions by encouraging qualified retirees to seek employment as classroom teachers, doctors, nurses, and other medical professionals without losing their retirement benefits. Currently retirees can be reemployed by the Commonwealth government if they are willing to forego their retirement benefits during the period of reemployment. This amounts to a 100% penalty on reemployment, a situation which would be attractive only if the pay to be earned from reemployment were very significantly greater than the retirement benefits. Under this amendment, retirees would lose only the amount of their contribution to the retirement fund during the period of reemployment. In other words, to the retiree, the price of reemployment would be only 6.5% (for Class I members) or 9% (for Class II members) of the salary received from reemployment. This is a reasonable price to pay for the privilege of double-dipping.

Section 21: Boards and Commissions. In every case where the governor appoints a board or commission to perform a regulatory or administrative function or direct the activities of an agency, authority, or public or quasi-public corporation in the performance of a regulatory or administrative function, the members of such a board or commission shall be independent and may be removed only on grounds of gross neglect or dereliction of duty, breach of fiduciary duty, conviction of a felony, or mental or physical incapacity. Upon the expiration of the term of a member of a board or commission, such person shall cease to be a member unless reappointed in the manner prescribed by law. The governor shall make appointments within ninety days to fill any vacant seats on a board or commission. This section does not apply to boards and commissions that serve a purely advisory function or, except to the extend specifically required by federal law, to boards and commissions created in order to comply with federal law.

Source: Second Const. Conv. Amend. 20 (1985).

Section 22: Special Assistant for Women's Affairs.

a) There is hereby established an Office of Special Assistant to the Governor for Women's Affairs. The governor shall appoint a person, who is qualified by virtue of education and experience, to be the special assistant. The special assistant may be removed only for cause.

b) It is the responsibility and duty of the special assistant to formulate and implement a policy of affirmative action in the government and private sector to assist women achieve social, political and economic parity. The special assistant shall promote the interests of women, assist agencies of government and private organizations to plan and implement programs and services for women, monitor compliance of laws and regulations by government agencies and private organizations, organize community education strategies regarding the roles of women, and recommend to the governor and the legislature for consideration legislation of benefit to women.

c) The special assistant may be authorized to hire staff and shall promulgate rules and regulations in carrying out the responsibilities and duties of the office.

d) The governor shall include in the budget of the executive branch the funding necessary to fully implement the provisions of this section.

Source: Second Const. Conv. Amend. 21 (1985).

Section 23: Resident Executive for Indigenous Affairs.

a) There is hereby established the office of resident executive to the governor for indigenous affairs. The governor shall appoint a person who is of Northern Marianas descent with the necessary and sufficient education and experience to be resident executive, with the advice and consent of the senate. The term of office shall be four years. Nothing in this section shall preclude renewal of such appointment by the governor. The resident executive may be removed as provided in Article II, Section 8, of this Constitution for incompetence, neglect of duty, commission of a felony, treason, or corruption.

b) Responsibilities of Resident Executive. The duties and responsibilities of the resident executive for indigenous affairs shall include but not limited to:

- coordinate the development, distribution, adoption and translation of a comprehensive history of the Marianas.

- ensure local participation in executive managerial decision-making in the government and private sector.

- assist and promote local entrepreneurial development.

- establish a community foundation for the advancement of the indigenous people.

- coordinate the translation and distribution of such official documents as the Constitution of the Commonwealth of the Northern Mariana Islands and the Covenant and the analyses thereof.

- plan for the establishment of the Indigenous Cultural Center and the Indigenous Hall of Fame.

- coordinate an annual cultural festival.

- develop and implement a long-range plan to assist and promote the entry of the indigenous people into

professional and technical institutions of higher education.

- serve as an advocate of positions taken by indigenous people on issues brought before them.

c) The office of resident executive for indigenous affairs shall commence immediately upon ratification of this section.

d) The resident executive is authorized to hire staff and promulgate rules and regulations in carrying out the duties and responsibilities of the office.

e) The governor shall include in the budget of the executive branch the funding necessary to fully implement the provisions of this section.

Source: Second Const. Conv. Amend. 22 (1985).