57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?

Palau

Palau

Answer
Carry out investigation Request additional information from potential violator Request additional information from others Impose sanctions
Source

(d) The Commission shall determine whether required documents have been filed and, if so, whether they comply on their face with the requirements of this chapter.

(e) The Commission shall notify promptly all persons who have failed to file a report or statement in the form and at the time required by this chapter.

(f) The Commission may employ staff, including legal counsel to advise and represent the Commission in actions filed by or against it, and to assist the Commission to issue advisory opinions upon the request of any person governed by this chapter as to whether the facts and circumstances of a particular case constitute or will constitute a violation of the chapter.

(g) The Commission shall initiate, receive, and consider charges concerning alleged violations of this chapter, initiate or make investigations, and hold hearings.

(h) The Commission may subpoena witnesses, administer oaths and take testimony relating to matters before the Commission and require the production for examination of any books or papers relative to any matter under investigation or in question before the Commission. Before the Commission may exercise any of the powers authorized herein with respect to any investigation or hearing, it shall, by a vote of a majority of its members, define the nature and scope of its inquiry

(i) On an affirmative vote of a majority of its members, the Commission shall have authority to bring civil actions on its own behalf, and take other actions consistent with the law to enforce the provisions of this chapter.

Source: Article 608, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics revised edition April 2014

 

(a) Criminal penalties. Any person who knowingly or willfully violates any provision of this chapter is guilty of a misdemeanor. In addition to other penalties provided by law, a fine of up to ten thousand dollars ($10,000) shall be imposed for each violation. For violations of the reporting requirements, a fine of up to three (3) times the amount the person failed to report properly may be imposed for conviction of each violation. Prosecution under this subsection must be commenced within four (4) years after the date on which the violation occurred, or in the case of a public official, four (4) years after the public official leaves government service. Prosecution under this section may be undertaken by the Attorney General or Special Prosecutor.

 

(b) Civil penalties. Any person who intentionally or negligently violates any provision of this chapter shall be liable in a civil action brought by the Commission, Attorney General, the Special Prosecutor or a citizen of the Republic for an amount not more than ten thousand dollars ($10,000) or, in the case of a violation of the reporting provisions of this chapter, an amount not more than the amount or value not properly reported or ten thousand dollars ($10,000), whichever is greater. If a judgment is entered against the defendant in an action brought by a citizen of the Republic, the plaintiff shall receive fifty percent (50%) of the amount recovered, and shall be entitled to recover from the defendant his costs of litigation, including reasonable attorneys' fees. Before a citizen may bring an action pursuant to this section, the citizen must submit a written request to the Commission, Attorney General and Special Prosecutor asking that they bring a civil action and a written statement setting [forth] the specific facts upon which the citizen bases his or her allegation. If the Commission, Attorney General and Special Prosecutor fail to bring a civil action within sixty (60) days after receipt of the written request, or bring an action that is later dismissed without prejudice to the filing of another action, the citizen may thereafter bring a civil action pursuant to this section. An action under this subsection must be commenced within four (4) years after the date on which the violation occurred.

(c) Any public official or candidate who fails to timely file any statement required by this chapter shall pay to the Commission a penalty of fifty dollars ($50) per day for each day that the disclosure is delinquent. All funds received by the Commission shall be deposited in the national treasury.

Source: Article 611, Palau National Code, Title 33 Public Employment Chapter 6 Code of Ethics revised edition April 2014

Comment

In relation to sanctions, the Ethics Commission may impose a penalty for failure to lodge a campaign statement on time. Other breaches found by the Ethics Cimmision  are subject to criminal or civil prosecution through the court system. Following its investigations the Ethics Commission may refer for criminal prosecution, refer for prosecution of a civil action or initiate prosecution of a civil action. Alleged cases of vote buying as investigated by the Election Commission are subject to criminal prosecution through the court system.

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