OPA gets flood of questions about solicitations for Christmas parties

The CNMI Office of the Public Auditor is reminding everyone in the government that the Government Ethics Code Act of 1992 generally prohibits any government agent from soliciting or receiving gifts from any private entity whom they regulate or obtain goods or services from.

Dora Deleon Guerrero, who is the temporary public auditor, issued the reminder on Friday after OPA, according to her, received numerous inquiries and complaints about potential violations of CNMI law regarding public entities soliciting for donations from private entities to support holiday parties and other office activities/functions.

The Ethics Code Act also generally prohibits private entities from providing gifts to any public entity who has regulatory authority over the donor, said Deleon Guerrero in her letter addressed to CNMI government branches, departments, agencies, public corporations, and autonomous agencies.

She said the purpose of these prohibitions is to ensure that decisions of government entities are free from actual or perceived conflict of interest.

She said public solicitations for private donations may run counter to the stated purposes of the Ethics Code Act and may inflict unwarranted pressure upon private entities to contribute.

The Ethics Code Act seeks to develop public confidence in persons holding public office, to ensure official acts are free of the influence of undisclosed private or business interests, and to enhance the dignity of public offices.

Deleon Guerrero said these objectives are undermined when public entities seek contributions from the private sector.

Moreover, she said, a private organization may not feel free to decline a request for donations from a public entity for fear future business opportunities or reputation may suffer as a result.

Deleon Guerrero said the appearance of impropriety may arise even in the absence of direct regulatory authority over the private entity.

She noted that a provision of the Ethics Code Act requires gifts received by a Commonwealth agent on behalf of the Commonwealth be promptly reported to the Public Auditor and the Department of Finance, who shall then add the gift to the inventory of Commonwealth property.

Deleon Guerrero said the solicitation and gifting prohibitions in the Ethics Code Act seek to not only prevent actual or perceived conflicts of interest, but also to ensure gifts received on behalf of the Commonwealth are accounted for and are used for a public purpose.