HAGÅTÑA (The Guam Daily Post) — The Guam Ethics Commission had taken on 53 cases between opening its doors to receiving complaints in March 2022 and the publication of the commission’s first yearly summary, which got the green light from commissioners last week.
Local law outlines eight areas of jurisdiction the commission can address.
These areas are identified through provisions prohibiting gifts, requiring the reporting of gifts, barring the disclosure of confidential information for personal gain or the benefit of others, prohibitions against unfair treatment, and provisions regarding conflicts of interest, contract issues, disclosures to be filed with the Guam Election Commission and restrictions on post employment.
Of the cases, 24 were determined to be outside the commission’s jurisdiction. Sixteen cases related to unfair treatment, while six cases related to the use of confidential information and seven cases related to conflicts of interest.
While 53 cases were submitted to the commission, 31 cases, or more than half, were dismissed.
Considering the number of cases determined to be outside the commission’s jurisdiction, it shouldn’t be surprising that most of the cases dismissed were adjudicated as such for lack of jurisdiction.
Other reasons for dismissal included determinations that questioned actions were authorized or corrected, or the actions lacked supporting evidence for claims.
In one matter, a complainant filed a case against a government official for failing to act against a company believed to be committing fraud. But the commission determined that the statute of limitations had lapsed and voted to dismiss the case.
Another complaint alleged that a government official violated federal law through a practice that amounted to fraud and waste of government resources. But, after further investigation, the commission determined that it lacked jurisdiction and dismissed the case.
The complaints overall spanned a variety of issues.
One complaint alleged that a public official had retrieved confidential medical documents without consent. In addition, due to the complainant’s gender identity, the complainant alleged having been subjected to a hostile work environment and unfair treatment. The commission, however, concluded it did not have jurisdiction and dismissed the case.
Another complaint dismissed by the ethics commission didn’t even involve a government official, and was regarding an individual’s failure to act on a complaint of sexual assault in a timely manner.
“After conducting a thorough assessment, the Ethics Commission concluded it did not have jurisdiction over matters involving nongovernment employees and consequently issued an order of dismissal,” the complaint summary stated.
Active cases
While the commission so far has dismissed 31 cases, there were still 18 cases being reviewed and four that were accepted for further investigation, as of the publication of the commission’s summary.
There was some discussion last week related to the jurisdiction of the commission, before commissioners ultimately approved the summary.
At that time, executive director Jesse Quenga said a list of recommended changes to the law was being developed for the commission’s consideration.
The commission also tackled a slew of ethics cases at last week’s meeting, but most were determined to be outside its jurisdiction. A few others were tabled.
The Guam Ethics Commission meets at its office in Hagåtña on Friday, July 14, 2023.
