Bureau of Public Safety says that police officers are prohibited by regulations from being candidates for public office or hold elected office while employed with Bureau of Public Safety.
In a memorandum issued to six officers from different bureaus under the Ministry of Justice, BPS Director Aguon informed the affected officers that BPS Rules and Regulations states that “an employee of the Bureau may not: be a candidate for public office”, and “may not take an active, visible part in political management and/or political campaign” and “no employee shall engage in outside employment that is incompatible with discharge of his duties as law enforcement.”
Director Aguon said that since his appointment he has received complaints “accusing BPS Police Officers holding public-elected office as selective and /or complacent in the enforcement of the law” and he added that “this public perception is concerning and a discredit to the bureau”.
Citing a case law Olikong v. ROP, 8 ROP Interm.250 (2000), the memo quoted Supreme Court statement, “membership in a state legislature is a public office and a position of public employment”.
“The court held that an individual need not be elect to hold public office or public employment. Even if the Regulation is silent on employees holding public office, the very act of being a candidate for public office is a violation of the BPS Rules & Regulations,” stated the memo. It added that regulations do not “grant anyone the power to waive or grant exemptions in regards to being a candidate or to hold elected office.”
BPS Director Aguon, in consultation with Attorney General Rengiil, gave the six officers, Chief Jefferson Eriich of Department of Fire & Rescue (DFR), Lt. Lee Pedro (Patrol), Sgt. Billy Rekemel (Patrol), Det. Sgt. Miwa Nabeyama, Narcotics Enforcement Agency (NEA), FF Bow Umedib (FDR) and FF Maximo Marcello (DFR) three options to choose from and two weeks to submit their choices.
Option 1 is for the police office to remain as an officer and submit resignation from the position of state legislator. Option 2 is to choose a career as public official/state legislator and resign as police officer.
Option 3 is to submit a notarized letter of intent NOT to re-enter/run for re-election at the end of each officer’s current term as legislator and to cite as a reason, “consideration of the cost to the State in conducting a state re-election to fill out vacancies.”
Of the six officers, one has a term ending this December 2021, one is expiring in May of 2022, one expires in November of 2023 and 3 has terms expiring in 2024. In other words, should the officers choose Option 3, they will continue to serve as police officers and as state elected legislators until their political terms expire and then they will not run for re-election or else they will need to resign from their job as officers and run for office.
This same issue was raised in January of 2020, when a newly elected Aimeliik legislator questioned the qualification of Officer Jefferson Eriich to be a legislator based on BPS regulations.
At the time, then Minister of Justice Arnold Oilouch revealed a previous memo he issued in 2017 addressing the problem. In it he stated, “From hereon forward, no police officer will be permitted to be a candidate for public office. If a police officer wishes to become a candidate, he or she must resign from the police force.” He added, “This directive shall not apply to the police officers who duly received permission to run for office from the previous Ministers of Justice and are currently members of their respective legislature.”
He added that the issue comes from the unclear terms used in the BPS Rules & Regulations where it would prohibit certain actions by saying “officer shall not” and in other areas it would say “officer may not”. “Former ministers based their approval on this language. Many of these officers are senior police officers who have served more than 15 years.”
Police officers are prohibited from public office says BPS
