Reporting Corruption in Palau

The Office of the Special Prosecutor (OSP) is working with a grant from the UN to improve access to Open Government and reporting of government corruption.

The survey is anonymous. Once answers are submitted, they are sent to Survey Monkey who removes all identifiers and only the responses are forwarded to the OSP. A summary report of the responses will be published for public understanding and be used to provide guidance on improving the public reporting processes at all levels of government.

"The exposure and punishment of public corruption is an honor to a nation, not a disgrace," said President Teddy Roosevelt to the US Congress in 1903. He went on to say that "the shame lies in toleration, not in correction…. If we fail to do all that in us lies to stamp out corruption we can not escape our share of responsibility for the guilt. The first requisite of successful self-government is unflinching enforcement of the law and the cutting out of corruption."

By participating in this survey, you will assist in the effort to promote Open Government and stamp out corruption through improved reporting processes. First, however, we must find out what is wrong. So thank you all who openly and honestly choose to participate.

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* 1. Have you ever observed corruption in any government in Palau, whether it be at the national or state level?

Yes

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* 2. If your answer above was yes, what type of corruption did you observe? Check all that apply.

Use of nonpublic information - 33 PNC § 602. No employee or former employee may use information acquired in the course of the employee’s official duties for the employee’s personal gain until such information has been made available to the general public.

Use of government property - 33 PNC § 603. No employee may use national or state time, equipment, facilities, assets or property for political activities or other private activities that serve no governmental or public purpose.

Conflict of interest - 33 PNC § 604 (a). No employee may take, participate in taking or use his or her government position to attempt to influence any official action where it is reasonably foreseeable that the action could have a material financial effect on that employee, or on any financial interest of that
employee, that is different from the effect on the public generally.

Conflict of interest - 33 PNC § 604(b). No employee may acquire a financial interest in any business or other undertaking which he has reason to believe may be directly affected by official actions to be taken by him.

Conflict of interest - 33 PNC § 604(c). No employee may assist any person for compensation or act in a representative capacity before any national or state government agency in any matter that relates in any way to the governmental duties of the employee.

Conflict of interest - 33 PNC § 604(d). No employee may use or attempt to use the employee’s official position to secure or grant privileges, exemptions, advantages, contracts, or treatment, for himself or others,
....

Conflict of interest - 33 PNC § 604(e). No employee may engage in any outside employment or other outside activity that is incompatible with the full and proper discharge of the employee’s office or position.

Acceptance and use of contributions - 33 PNC § 607(a). It is unlawful for any person, including any candidate, to solicit, accept, or receive any contribution from a foreign national directly or through another person in connection with an election to any national or state elective office, or in connection with any convention or caucus to select candidates for any national or state elective office or in support of or in opposition to any national or state ballot measure.

Acceptance and use of contributions - 33 PNC § 607(e) - limitation of use. A candidate may expend contributions only for purposes reasonably related to the election of that candidate to the office sought by the candidate.

Acceptance and use of contributions - 33 PNC § 607(f) - contribution intended to influence official duties. No employee may, as a candidate or on behalf of any other candidate, solicit, accept, or receive, directly or indirectly, any contribution, under circumstances in which a reasonable person, in the position of the employee, would believe that the contribution is intended to influence the employee in the performance of the employee’s official duties or is intended as a reward for any official action on the employee’s part.

Acceptance and use of contributions - 33 PNC § 607(g) - use of actual or anticipated government authority to influence contributions or votes. No employee or candidate may use, or promise, threaten or attempt to use, any actual or anticipated government authority to assist or obstruct any individual in obtaining any employment, nomination, confirmation, promotion, or change in compensation or
employment, in exchange for the individual agreeing to vote or contribute to, or to withhold his vote for or contribution to, any candidate.

Acceptance and use of contributions - 33 PNC § 607(h) - soliciting contributions from employees of the national Executive Branch, any state Executive Office, the OEK, or any state legislature.

No candidate for the office of the President or Vice President of the Republic may,
directly or indirectly, solicit a contribution from any employee of the executive branch of
the national government with knowledge that the person from whom the contribution is
solicited is an employee of the executive branch of the national government.

No candidate for the Olbiil Era Kelulau may, directly or indirectly, solicit a contribution from
any employee of the Olbiil Era Kelulau with knowledge that the person from whom the
contribution is solicited is an employee of Olbiil Era Kelulau.

No candidate for the chief executive office of any state may, directly or indirectly, solicit a contribution from any employee of the executive branch of that state with knowledge that the person from
whom the contribution is solicited is an employee of the executive branch of that state.

No candidate for any state legislature may, directly or indirectly, solicit a contribution
from any employee of that state legislature with knowledge that the person from whom
the contribution is solicited is an employee of that state legislature.

This subsection shall not prohibit a candidate from requesting contributions from an employee if the
solicitation is part of a solicitation made to a significant segment of the public which may
include employees.

Misconduct in public office - 17 PNC § 3918. A person who, being a public official as defined in 33 PNC section § 601, does any illegal acts under the color of office, or who willfully neglects to perform the duties of his or her office as provided by law, shall be guilty of misconduct in public office.

Bribery - 17 PNC § 4101(2). While a public servant, the person solicits, accepts, or agrees to accept,
directly or indirectly, any pecuniary benefit with the intent that the person’s vote,
opinion, judgment, exercise of discretion, or other action as a public servant will
thereby be influenced.

Sexual harassment - 17 PNC § 3918. A person commits the offense of sexual harassment if the person intentionally, knowingly or recklessly subjects a person to:
(1) Unwelcome sexual advances;
(2) Unwelcome requests for sexual favors; or
(3) Unwelcome verbal or physical conduct of a sexual nature.

Failure to pay taxes.

Failure to make social security contributions.

17 PNC § 2615(a) - Theft of government property in the first degree. A person commits the offense of theft of government property in the first degree if the person intentionally or knowingly embezzles, steals, purloins, converts, sells, conveys or disposes of any money, funds, or thing of value of the national government of the Republic, its political subdivisions, state or municipal governments, or of any ministry,
bureau or agency thereof; or whoever receives, conceals, or retains the same with intent to convert it to his or her use or gain, knowing it to have been embezzled, stolen, purloined or converted.

17 PNC § 2616(a) - Theft of government property in the second degree. A person commits the offense of theft of government property in the second degree if that person without proper authority intentionally or knowingly possesses or removes from its location any property of any kind, wherever situated, of the government of the Republic, its political subdivisions, states or municipal governments.

Commission of any crime by a public official while holding public office.

Commission of any crime by a government employee while working for the government.

Other (please specify)

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* 3. If you observed corruption committed by a government employee or public official, whether in the state or national government, did you report it?

Yes

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* 4. If you reported the corruption, where or to whom did you report it?

Your supervisor, director, or other government official.

A co-worker.

Bureau of Public Safety.

Office of the Attorney General.

Office of the Public Auditor.

Office of the Special Prosecutor.

A friend, family member, clergy.

A news agency.

Other (please specify)

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* 5. If you reported it, was the matter resolved?

Yes.

No.

Other (please explain)

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* 6. If you did not report the corruption, why not?

It would not make any difference.

Fear for my job.

Fear of ridicule from co-workers, friends, or family.

* 1. Have you ever observed corruption in any government in Palau, whether it be at the national or state level?

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* 2. If your answer above was yes, what type of corruption did you observe? Check all that apply.

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* 3. If you observed corruption committed by a government employee or public official, whether in the state or national government, did you report it?

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* 4. If you reported the corruption, where or to whom did you report it?

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* 5. If you reported it, was the matter resolved?

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* 6. If you did not report the corruption, why not?

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* 7. From 1985-1994, public corruption in government has:

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* 8. From 1995-2004, public corruption in government has:

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* 9. From 2005-2015, public corruption in government has:

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* 10. From 2015-current date, public corruption in government has:

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* 11. What suggestions do you have to improve the reporting process for Palau in order to reduce corruption?