Anti-corruption Commission “Focus” newsletter
On 3rd July, 2012, David Baines, Commissioner of Royal Cayman Islands Police Service, and as Chairman of the Anti-Corruption Commission (ACC), issued a Memo (see attached) to all Public Officials informing them of an ACC newsletter called “Focus”.
The Memo says the aim of Focus was “to give readers a basic understanding of what is considered corruption as well as the duties of a public official under the Law. Highlighted in each issue will be emerging trends on different corruption related subject matters and examples of best practices for management when considering their own strategies to detect and reduce corruption in their respective public entities.”
In the published Minutes dated 26th Aug, 2012 it said since the inception of ACC there have been 53 complaints registered by the ACC of which
a. 20 are ‘pending’, awaiting further or sufficient information, which may make it appropriate to make further investigations;
b. 20 have been concluded; c. 3 have been transferred to other investigative units for action; and
d. 10 are under current active investigation.
It was noted that the Secretariat had been awaiting a copy of a DVD concerning online training programme and DVD training programme from the Deputy Governor, Franz Manderson, but had not received it. However the Chairman
had been briefed on the contents and had indicated that it does not satisfactorily cover the topics the Commission would like to see civil servants educated on regarding the anticorruption law. The Secretariat had also been working with the ACC Unit to develop two online training programmes (one for lower level staff and one for management).
There was a need for funding for electronic resources and that was under consideration. The Unit had also been following up with another arm of the RCIPS to be able to use their software because of the funding problem.
There was a security issue raised with placing a reporting form on the ACC website.
Bribery of public officers and members of the Legislative Assembly
(1) A public officer or a member of the Legislative Assembly who directly or indirectly- (a) solicits; (b) accepts or obtains; or (c) agrees to accept or obtain, for himself or any other person, any loan, reward, advantage or other benefit with intent- (d) to interfere with the administration of justice; (e) to procure or facilitate the commission of an offence; or (f) to protect from detection or punishment a person who has committed or who intends to commit an offence, commits an offence.
(2) Any person who gives or offers to a public officer or to a member of the Legislative Assembly any loan, reward, advantage or other benefit, with intent that the public officer should do anything mentioned in subsection (1)(d),(e), or (f) commits an offence.
(3) A person who commits an offence under this section is liable on conviction on indictment to imprisonment for a term of fourteen years.
While offering or receiving a gift or benefit may not involve corrupt conduct, public officials and public authorities need to have clear, effective and appropriate policies and procedures in place to deal with this, often problematic, area – and need to be aware that bribery is a serious criminal offence in the Cayman Islands.
Generally, a gift or benefit is anything of value that is offered to you in the course of your work, apart from your normal employment entitlements. It can be either tangible or intangible:
- ·Tangible gifts — cash, goods, hospitality (e.g. meals or drinks), promotional materials (e.g. free pens, diaries), samples, scholarships, discounts on goods and services (including discounted interest rates).
- ·Intangible gifts — personal services, free or subsidised travel or accommodation, entertainment, preferential treatment, privileged access, promise of a special favour or advantage (e.g. a special type of loan).
Policies on gifts and benefits do not relate to an organisation’s internal rewards system or to personal and private gifts from friends and relatives — provided there is no expectation that you will favour any member of the public as a result of receiving the gift.
The complete minutes are available at http://issuu.com/inewscayman/docs/28_august__2012?mode=window&viewMode=singlePage&backgroundColor=%23222222
“Focus” is available at