Ban all gifts to govt employees and officials

Rep. Leepan’s proposed bill on gifts for government officials and employees of the CNMI government appears to be ill-advised and appalling to most. Receiving unsolicited gifts of any kind by public officers or employees violates ethical norms, and perpetuating favors in return for gifts given seems to be the unintended consequences of the suggestion of the lawmaker’s idea. Solving an ethical issue by increasing the threshold of the gift’s value does not strengthen public policy. The solution is to ban entirely any and all unsolicited gifts given to any public officer or employee of the CNMI government. 

Would the esteemed lawmaker find it useful and practical to consider public policy banning all unsolicited gift to public officer or employee in the CNMI government? In view of this, I propose the introduction of a bill that would effectuate the public policy as follows: 

Section 1:  A public officer or employee of the CNMI government shall not solicit or accept a gift or loan of money, goods, services, or other thing regardless of value for the benefit of a person or organization, other than the CNMI government, which tends to influence the manner in which the public officer or employee or another public officer or employee performs official duties.

Section 2:  A public officer or employee of the CNMI government shall not engage in a business transaction in which the public officer or employee may profit from his or her official position or authority or benefit financially from confidential information.

Section 3:  A public officer or employee of the CNMI government shall use personnel resources, property, and funds under the public officer’s or employee’s official care and control judiciously and solely in accordance with prescribed constitutional, statutory, and regulatory mandates and procedures, and not for personal gain or benefit.

The lawmaker’s proposed bill is a mistake. He should have also considered the alternative desire of stakeholders outside of the CNMI government establishment.  Banning unsolicited gifts altogether is the better public policy.  A public officer or employee of the CNMI who solicits gift in return for favors in performing official duties is guilty of violating ethical standards and subject to the strict rules of adverse action.

Francisco R. Agulto
Kannat Tabla, Saipan