October 3, 2026
PEILAPALAP, Pohnpei — A proposed resolution introduced in the Pohnpei State Legislature seeks to revoke Acting Governor Herolyn S. Movick’s October 1 emergency declaration, challenging the constitutional grounds for an order the administration said was necessary to keep essential services operating without an approved FY2027 budget.
Senator Ricky Carl introduced Resolution 191-26 on October 3. The proposal argues that the circumstances do not meet the constitutional requirements for an emergency, that the declaration’s instructions are too vague, and that the order does not comply with statutory numbering and labeling requirements.
The document is a proposed resolution. Its provisions would revoke the declaration in its entirety upon adoption; its introduction alone does not revoke the order.
According to an earlier press release from the Pohnpei Governor’s Office, the administration issued the declaration after the new fiscal year began without an approved budget. The release described a lack of operational funding and an immediate threat of a shutdown of essential services.
The Governor’s Office said Budget Bill 400-26 reached its second reading at approximately 7 p.m. on September 30 and arrived at the executive branch at 10:15 p.m., less than two hours before the fiscal year ended.
The administration said that timing did not provide sufficient opportunity for a thorough review in consultation with others before midnight. It said it needed to complete that review before taking final executive action on the bill.
The release also said the Governor had submitted the proposed FY2027 budget no later than February 15, 2026, the statutory deadline.
The emergency declaration directs departments, offices, and agencies responsible for public safety, health, utilities, and core administrative operations to take necessary measures to remain functional and maintain uninterrupted public services, according to the Governor’s Office.
Carl’s proposed resolution challenges both the basis for that declaration and the breadth of its instructions.
It cites Article 13, Section 9 of the Pohnpei Constitution, which authorizes an emergency declaration to preserve public peace, health, or safety during an extreme emergency caused by civil disturbance, epidemic, natural disaster, or an immediate threat of war.
The proposal argues that the situation described in the October 1 declaration does not meet that threshold. It also cites the constitutional provision allowing the Legislature to amend or revoke an emergency declaration at any time by resolution.
The proposal further argues that the direction to take necessary measures to maintain services is legally and constitutionally vague because it supplies no operational or financial directives, guidelines, or restraints.
Those assertions represent the position set out in the proposed resolution, rather than a court ruling on the declaration’s validity.
The proposal also cites Section 1-102 of Title 8 of the Pohnpei Code. It says constitutional emergency declarations must be numbered sequentially and clearly labeled “Constitutional Emergency Order,” and alleges that the October 1 declaration meets neither requirement.
The Governor’s Office, meanwhile, said the declaration invokes emergency funding authority “to the minimum extent necessary” to sustain operations, protect public health and safety, and carry out executive branch duties until legislative remedies are in place.
As an interim measure, the administration said it was proposing a continuing resolution to provide funding for essential operations while action on the annual budget continued. The earlier release did not establish whether that measure had been submitted or adopted.
The administration identified health, education, law enforcement, public safety, and essential infrastructure as priorities for continued service.
If legislators adopt Resolution 191-26, its terms would make revocation effective immediately upon adoption. Certified copies would then go to the Governor, the Chief Justice of the Pohnpei Supreme Court, and the Pohnpei Public Auditor.Read or download the complete issue of The Kaselehlie Press
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