FSMC, TITLE 11.  CRIMES

CHAPTER 5
Crimes Against Public Administration

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SUBCHAPTER II
Public Officials Code of Conduct

SECTIONS

510. Policy.
511. Definitions.
512. Conflict of interest.
513. Disqualification of former public official.

Editor's note: Former chapter 5 of this title on Offenses Against Public Administration was repealed in its entirety by PL 11-72 1. This new chapter 5 was enacted by PL 11-72 30 and is part of the Revised Criminal Code Act.

510. Policy.

Inherent in the success of any democracy is the trust of its citizens in the honesty and integrity of its public officials. To encourage such trust and insure the integrity of public office, a standardized code of conduct is needed. A public official must conduct himself or herself in such a way, in both public and private life, so as not to:

(1) place himself or herself in a position in which there exists a conflict of interest or in which the fair exercise of his or her public or official duties might be compromised;

(2) demean his or her office or position;

(3) call into question his or her integrity;

(4) endanger or diminish respect for or confidence in the integrity of the Federated States of Micronesia, National Government; or

(5) actually use or give the appearance of using his or her public office for personal gain.

Source: PL 11-72 42.

Cross-reference: The statutory provisions on the President and the Executive are found in title 2 of this code. The statutory provisions on the Congress of the Federated States of Micronesia are found in title 3 of this code. The statutory provisions on the FSM Supreme Court and the Judiciary are found in title 4 of this code.

The website of the FSM National Government contains announcements, press releases, news, forms, and other information on the National Government at http://fsmgov.org.

The FSM Supreme Court website contains court decisions, rules, calendar, and other information of the court, the Constitution, the code of the Federated States of Micronesia, and other legal resource information at http://www.fsmsupremecourt.org/.

The official website of the Congress of the Federated States of Micronesia contains the public laws enacted by the Congress, sessions, committee hearings, rules, and other Congressional information at http://www.fsmcongress.fm/.

511. Definitions.

The definitions in this section shall apply throughout this title, unless otherwise specified or a different meaning is plainly required.

(1) "Benefit" shall mean gain or advantage of any kind, and shall include financial gain, property, service, or improvement of condition.

(2) "Business" shall mean businesses of any kind whether situated in the Federated States of Micronesia or elsewhere and whether incorporated or not.

(3) "Family member" shall mean a parent, brother, sister, spouse, nephew, niece or child, including a person who is adopted legally or in accordance with custom, or for whom care was given by the public official such that there exists a relationship in the nature of parent and child. The term shall also include a spouse of any person referred to in this definition and their children.

(4) "Interest" shall mean either direct ownership of, indirect ownership of, shares in, financial benefit from, or complete or partial control of, such property or business.

(5) "National Government" shall mean the National Government of the Federated States of Micronesia, including any department, agency or branch thereof.

(6) "Property" shall mean real or personal property of every description whether situated in the Federated States of Micronesia or elsewhere.

Source: PL 11-72 43; PL 11-76 5.

512. Conflict of interest.

(1) A public official who willingly participates in a matter in which he or she knows or reasonably should know there exists a conflict of interest commits a crime.

(2) A public official has a conflict of interest in a matter if the public official or a family member could benefit directly or indirectly from a decision on a matter over which that public official has influence or control, or if a matter over which that public official has influence or control relates in any way to:

(a) a business or property the public official directly or indirectly owns or controls;

(b) a business or property owned or controlled, directly or indirectly, by a family member of the public official; or

(c) a business or property in which the public official has a beneficial interest of any kind, whether through a trust or otherwise.

(3) Nothing in this section is meant to interfere with the right of a public official or the family members of a public official to participate in public elections or in decisions of a community or group nature.

(4) A person convicted under this section shall be imprisoned for not more than five years.

Source: PL 11-72 44.

513. Disqualification of former public officials.

(1) A public official who, within one year of the termination of his employment with or appointment to the National Government, knowingly acts as agent or attorney for anyone other than the branch of the National Government or its entity in connection with any judicial or other matter involving a specific party or parties in which the branch of the National Government or its entity is a party or has a direct and substantial interest, and in which that person participated personally and substantially as an officer or employee, commits a crime.

(2) Any person who is a business partner or family member of a public official and who acts as agent or attorney for anyone other than the branch of the National Government or its entity in connection with any judicial or other matter in which the branch of the National Government or its entity is a party or has a direct and substantial interest and in which such public official participates or has participated personally and substantially in the conduct of his or her official duties, or which is the subject of his or her official responsibility, commits a crime.

(3) A person convicted under this section shall be imprisoned:

(a) for not more than five years if the person is a former public official found guilty of a violation of subsection (1) of this section;

(b) otherwise, for not more than one year.

Source: PL 11-72 45.