YSC, Title 8.  Public Officers & Employment
 
 
 
Chapter 3:  State Government Ethics

301.  Short title.
302.  Purpose.
303.  Scope.
304.  Conflict of interest and improper influence.
305.  Receiving things of value.
306.  Outside employment.
307.  Financial interests.
308.  Use of State property.
309.  Official information.
310.  Severability.

     301.  Short title.
     This chapter shall be known and may be cited as the "State Government Ethics Act".

Source:  YSL 2-55 1, modified.

     302.  Purpose.
     The purpose of this chapter is to prescribe standards of ethical conduct for all government employees, in order that the people of the State of Yap may have complete faith and confidence in the integrity of their government.

Source:  YSL 2-55 1, modified.

Cross-reference:  The constitutional provision regarding conflicts of interest is found in Yap Const., Art. XIV, Sect. 4.  That section states:  "No person may receive, use, or benefit from any government revenue, property, or service for personal benefit or gain, except as may be permitted by law."

     303.  Scope.
     The provisions of this chapter shall apply to all employees of the State Government, including those persons covered by or exempted from the State Public Service System Act.

Source:  YSL 2-55 1, modified.

Cross-reference:  The statutory provisions of the State Public Service System Act are found in chapter 1 of this title.

     304.  Conflict of interest and improper influence.
 
     (a)  Employees shall avoid any action which might result in, or create the appearance of:

     (1)  Using public office for private gain;

     (2)  Giving preferential treatment to any organization or person;

     (3)  Impeding government efficiency or economy;

     (4)  Losing complete independence or impartiality of action;

     (5)  Making a government decision outside official channels; or

     (6)  Affecting adversely the confidence of the public in the integrity of the government.

     (b)  Employees shall be disqualified from participating in any decision or taking any action which may directly or indirectly result in a benefit to them personally, or to members of their family, to friends, or to business associates. In circumstances where disqualification would be impracticable or not in the interest of the State, the employee involved shall first make a full public disclosure of any and all such benefits which may result.

     (c)  When in the public interest, the State may at its option void any action taken by an employee in violation of the requirements of this section.  The employee involved shall be personally liable for all damages, costs, and any other consequences incurred by the State in such cases, in addition to any other civil or criminal liability imposed under the law.

Source:  YSL 2-55 1, modified.

     305.  Receiving things of value.

     (a)  Except as provided in subsections (b) and (c) of this section, no employee shall solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan, or any other thing of monetary value, from any person, corporation, government, group, or other entity, which:

     (1)  Has, or is seeking to obtain, contractual or other business or financial relationships with his agency, department, or office;

     (2)  Conducts operations or activities which are regulated by his agency, department, or office; or

     (3)  Has interests which may be substantially affected by the performance or nonperformance of his official duty.

     (b)  Subsection (a) of this section does not apply in circumstances where:

     (1)  Obvious family or personal relationships, or recognized custom and tradition, make it clear that it is those relationships or customs rather than the business of the persons concerned which are the motivating factors;

     (2)  Food and refreshments are available in the ordinary course of a luncheon or dinner or other meeting where an employee may properly be in attendance;

     (3)  Loans are accepted from banks or other financial institutions on ordinary and customary terms to finance proper and usual activities of the employee; or

     (4)  The monetary value (US$) of the gift item is less than $15.00.

     (c)  In circumstances covered by subsection (a) of this section, where it would otherwise be disrespectful or insulting to refuse a gift offered by a government or business as a gesture of goodwill, said gift may be accepted by the employee on behalf of the State and shall become the property of the State.  All such gifts shall be kept on public display or used for the benefit of the State.

Source:  YSL 2-55 1, modified.

     306. Outside employment.
     An employee shall not engage in any outside employment which might result in a conflict, or an apparent conflict, between the private interests of the employee and his official government duties and responsibilities.

Source:  YSL 2-55 1, modified.

     307.  Financial interests.
     Employees may not:

     (a)  Have direct or indirect financial interests that conflict substantially, or appear to conflict substantially, with their responsibilities and duties as employees; or

     (b)  Engage in directly or indirectly, financial transactions as a result of, or primarily relying upon, information obtained through their employment.  Aside from these restrictions, employees are free to engage in lawful transactions to the same extent as private citizens.

Source:  YSL 2-55 1, modified.

     308.  Use of State property.
     An employee shall not use State property of any kind for other than officially approved activities.  Each employee must protect and conserve all State property, including equipment and supplies, entrusted or issued to him.

Source:  YSL 2-55 1, modified.

     309.  Official information.
     An employee shall not directly or indirectly make use of, or permit others to make use of, for the purpose of furthering a private interest, official or confidential information not made available to the general public.

Source:  YSL 2-55 1, modified.

     310.  Severability.
     If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, such invalidity does not affect the other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

Source:  YSL 2-55 1, modified.