Ethics panel recommends charge of unethical conduct vs Rep Palacios

A six-month-old Special Ethics Committee is recommending that Rep. Raymond D. Palacios (Cov-Saipan) be charged with unethical conduct as a lawmaker in connection with alleged illegal drug “ice” use and trafficking, but a final determination would be made only after an “open and public investigative” hearing wherein Palacios may answer the charge against him.

If after the hearing the committee determines that Palacios committed unethical conduct, then that’s the time it will recommend disciplinary action that may include “reprimand, censure, expulsion, and if applicable, restitution.”

Palacios, who earlier said he will not seek reelection on Nov. 6, could not be reached for comment.

He was absent in yesterday morning’s House session, which will resume this morning.

Palacios, a two-term House member, was arrested in October for crystal methamphetamine or “ice” trafficking.

But the Special Ethics Committee’s report on Palacios needs to be adopted first by the full House of Representatives before a hearing could be held.

House floor leader George Camacho (Ind-Saipan), chairman of the Special Ethics Committee, said the House cannot act on the report today because it would be the same session as yesterday after going into recess.

The 16-page report, dated April 11, 2012, was pre-filed yesterday morning.

Once the full House adopts Special Ethics Committee Report 17-2, the panel recommends setting an open and public investigative hearing pursuant to Rule XV Section 2 subsections (c)(4) clause (C) and (D) which requires that the hearing shall be upon at least 30 days notice.

The committee this recommends setting the hearing for May 13, 2012, or the first available date 30 days after the House adopts the report.

At the committee hearing, Palacios “may respond to the charges.”

After the hearing, the special panel will make a final determination and issue a Special Committee Report as to whether there are facts justifying a finding of unethical conduct upon completion of the hearing.

This report will then be transmitted to the speaker for further disposition.

If the committee finds no unethical conduct was committed, it will render a final decision to this effect.

“If, however, there is basis to find that Rep. Palacios did commit acts that constitute unethical conduct, the committee will render a specific recommendation in its final report for disciplinary action that may include: reprimand, censure, expulsion, and if applicable, restitution,” the special committee said.

Signatures

House Speaker Eli Cabrera (R-Saipan) created the Special Ethics Committee in October and appointed Camacho to chair it.

The other appointed members are Rep. Trenton Conner (R-Tinian), Rep. Fred Deleon Guerrero (Ind-Saipan), House minority leader Joseph Deleon Guerrero (R-Saipan), Rep. Teresita Santos (Ind-Rota), Rep. Edmund Villagomez (Cov-Saipan), and Rep. Ray Yumul (R-Saipan).

However, only four of seven committee members signed off on the report. They are Camacho, Fred Deleon Guerrero, Santos, and Villagomez.

The minority leader, Yumul and Conner didn’t sign off on the report.

Rep. Joseph Deleon Guerrero said this is because from the very start, he informed the speaker “to let the justice system take its course and that I declined to be in the committee.”

The criminal case against Palacios is still proceeding.

Ethical considerations

The committee said its decision was based on ethical considerations and standards of decorum and conduct befitting an elected public official.

It said while it reviewed information and issues relating to the criminal case against Palacios, the committee did not focus exclusively on alleged criminal activity because the applicable and relevant scope of inquiry did not require that the panel consider criminal or civil penalties, if any, outside those sanctions provided in the House of Representatives Rules of Procedure.

“For the sake of clarity, the committee determined that the outcome or verdict in the underlying criminal case was not a relevant factor to be considered in determining whether the rules of the House were violated,” the committee said.

It added that the standard of proof “beyond a reasonable doubt” was not applicable to the committee’s inquiry because it needs to decide if criminal activity occurred.

“This report and our investigation are totally independent and separate from any criminal investigation or court verdict, if any, relating to Rep. Palacios’ criminal matter,” the committee said.

The alleged unethical issues considered all readily available and reasonably obtained evidence concerning Palacios’ alleged misconduct included recordings of media interviews with Palacios and printed or aired materials on those interviews, along with the affidavit of probable cause in the criminal matter.

In its conclusion, the committee recommends convening a Special Ethics Committee Hearing where relevant evidence may be presented and Palacios “will be afforded an opportunity to respond to charges that he violated the Code of Official Conduct.”

The decision at the hearing will be made by considering two questions: “Did Palacios “conduct himself at all times, in a manner which shall reflect credibly on the House of Representatives?” and “Did Palacios adhere to the spirit and the letter of the House of Representatives and to the policies thereof?”

In different media interviews, Palacios denied selling “ice” but said he might have used drugs in the past, and that there were times in the past when he would help a family member get drugs, something that he said he shouldn’t have done.

Palacios tested negative for drugs based on the Jan. 12 results of a drug test he took on Jan. 5.

At the time, he said he hopes the test results will help remove suspicion in anyone’s mind about him.

Still, critics said “ice,” which the lawmaker was suspected of using, stays in the system for only a few days so Palacios’ drug test result may be accurate but he could have used “ice” before or after the time he underwent the testing.

Palacios stepped down as chairman of the House Committee on Education in early November, but has since remained a member of the 17th House of Representatives.