Even though considered relevant, the Code of Conduct (COC) billed by the Executive is not yet passed due to controversial issues. The Committee on Judiciary, Human Rights, Claims and Petition has probed the Bill but noted that it still have some areas of conflict which border on Liberian tradition and culture. Debates surrounding the instrument discovered that the Bill does not even provide punishments for would be violator. Senators said the COC has good intend but restraint is required so as to do some "cleansing" of it before passage.

Until that "cleansing" takes effect, Plenary voted to poise the Bill for next January 2013. The Bill has been in the Legislature for nearly three years without legislative action because of areas of conflict.

Even though some members of the Senate pushed for an immediate passage of the Bill, but that call was shoved by majority members. One of the areas in the Bill considered unfriendly is the area of "influence of official action for undue advantage". In that preposition, the Bill maintains that a "public servant shall not communicate with a fellow public servant or any other person in writing or by use of letters of recommendation, email and telephone calls or otherwise with intent of influence official action on his or her personal behalf, or on behalf of another person for undue advantage, except if requested to provide a reference by an interested third party".

The Bill also continues "that a public servant shall not accept public speaking engagements on matters of government policy which has not been officially released to the public without prior approval from his or her immediate supervisor. According to the Bill, that civil servant shall not at any time engage himself or herself in making unguarded statements that will compromise government policy confidentiality".

This potion of the Bill was intensely argued by Senator John Francis Whitfield who in his opinion reminded Plenary that the Bill conflicts and/or injures the personal respect for individual official of government because it surrogates said official to an undue clearance from a particular person before speaking at public places. Senator Whitfield then debated that if the caption of the Bill is to be taken and considered, it should be agreed that the Bill does not refer to members of the Senate but the Executive at large.

Another potion of the Bill that seems culturally harmful and strongly rejected by Senators is that "...any token of gifts received by a public servant must be declared, within a reasonable time not exceeding seven days, to the appropriate authority that decide whether the item should be retained by the public servant or surrendered to government. A public servant who surrenders a token gift must demand a receipt from the appropriate recipient or depository."

Similarly, the COC also maintained that "a casual gift given to a family members or a close relative of a public servant shall be presumed to be a casual gift to the public servant unless the family members has an independent relationship with the giver. Casual gifts to persons having influence over servant, including but not limited to siblings and friends are prohibited, unless the giver is not likely to benefit from a decision of the public servant".

As part of his comments, Senator Dallas Gueh of River Cess County said by passing the Bill as it appears, the Senate would be doing some "posterity" that might harm and/or entrap future generation. Senator Gueh also raised problem with addition preposition of the Bill that states: "A public servant shall report to his or her head of institution any circumstances where a benefit of gift was offered or made regardless of whether it was accepted or not, especially where the public servant feels that such circumstances constituted attempts to influence his or her official action/decision and that while reporting such case, that public servant shall disclose the source of such gift.

Senator Gueh disagrees that the actual intent of the Bill is not properly defined and equally so with Bomi County Senator Sando Johnson who expressed that the Bill could be a trap for citizens who would likely end up in jail for no actual facts because of poor interpretation of a particular Bill such as the Code of Conduct. Through a motion by Nimba County Senator Prince Johnson, the document has been deferred to next January of 2013.

Meanwhile, the COC is also suggesting that 'No man shall ask any woman for date more than three times' in the argument of Senator Krupee of Nimba County, it is completely sub-cultural, "How than can one get his wife with out pursuing her" he asked. According to the COC, "an attempt to repeatedly ask any woman for a date will constitute sexual harassment"

See the full text of the Code of Conduct

A CODE OF CONDUCT

FOR ALL PUBLIC OFFICIALS AND EMPLOYEES

OF THE THREE BRANCHES OF GOVERNMENT OF LIBERIA

AND PARASTATAL BODIES

PART I PRELIMINARY

SECTION 1.1 PREAMBLES

Whereas, Chapter 11, MISCELLANEOUS Article 90 (c) of the Constitution of Liberia, which came into force on January 6, 1986 stipulates the following provisions:

a) No person, whether elected or appointed to any public office, shall engage in any other activity which shall be against public policy, or constitute conflict of interest.

b) No person holding public office shall demand and receive any other perquisites, emoluments or benefits, directly or indirectly, on account of any duty required by Government.

c) The Legislature shall, in pursuance of the above provision, prescribe a Code of Conduct for all public officials and employees, stipulating the acts which constitute conflict of interest or are against public policy, and the penalties for violations thereof.

Whereas, the essence of government is public service, as delivered and rendered by public servants. The

activities of public servants therefore account for most part of the work of government and have extensive influence over the lives of the people.

Whereas, in view of public servants' role and influence, Liberians expect a public servant to be a person of high moral character and integrity. Furthermore, Liberians expect each public servant to be a law-abiding and committed person who shows proper care for public assets, behaves ethically and discharges his or her duties and responsibilities efficiently and effectively with decency and dignity.

Whereas, the high integrity expected of public servants is outlined in Article 90(c) of the Constitution of the Republic of Liberia, which provides that "The Legislature shall prescribe a code of conduct for all public officials and employees, stipulating the acts which constitute conflict of interest or are against public policy, and the penalties for violation thereof". This code of conduct has been developed pursuant to both this constitutional requirement and the aspiration of the Liberian people for a disciplined and caring corps of public servants.

Whereas, the purpose of the code of conduct is, to set out standards of behavior, and conduct by public servants. It shall guide, regulate and ensure compliance with the norms and behaviors required of a public servant. It is designed, and shall be implemented, to ensure impartiality, objectivity, transparency, integrity, efficiency and effectiveness of public servants and public institutions in the performance of their duties and mandates.

NOW, THEREFORE, IT IS HEREBY ENACTED BY THE SENATE AND HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF LIBERIA, IN LEGISLATURE ASSEMBLED:

SECTION 1.2 SHORT TITLE

This ACT may be cited as the Code of Conduct for Liberian Public Servants Act of 2007.

SECTION 1.3 INTERPRETATIONS

In this Code, unless the context otherwise requires, the following words and phrases shall have the meaning(s) ascribed to them in this Section.

1.3.1 Assets: refer to movable and/or immovable property, including cash and investments.

1.3.2 Bribery: Means any reward for or inducement to any public servant for doing or

forbearing to do anything in respect of any matter or transaction within the scope of the public servant's official duties. It is anything promised, offered, given, accepted or received by a public servant for or on account of favor(s) given or to be given by the public servant in the exercise of his or her official duties, and includes what is known widely in local terminology as "Cold Water".

1.3.3 Code: Means the Code of Conduct for Liberian Public Servants.

1.3.4 Conduct: Means behavior, attitude and character exhibited by a public servant within and outside the working environment.

1.3.5 Conflict of Interest: Occurs when a public servant's private affairs or financial

interests are or could be in conflict or believed to be in conflict with the public servant's 1 duties or responsibilities in such a way that:

a)His/her ability to act in the public interest could be impaired;

b)His/her actions or conduct could undermine or compromise public confidence

in his/her ability to discharge the responsibilities or trust that is placed in the public servant ;or

c) His or her action leads to the possibility of personal financial benefits or gains.

1.3.6 Service User/Recipient: Means any person that needs, receives or uses services delivered by the public service, and who interacts with or is served by a public servant in the course of the public servant's official duties.

1.3.7 Employer: Means the Government of Liberia or any of its agencies and entities, and includes any contractor employed in the service of or on behalf of the Government.

1.3.8 Ethics: Means a set of morals applicable or required in the public service.

1.3.9 Family Member: Means a public servant's spouse, biological or adopted children and includes members of the household who depend on the public servant.

1.3.10 Casual Gifts: Means any present, donation, grant or favor whether monetary or in kind or any other gain of a personal nature willingly given as an appreciation for a service that has been rendered by a public servant, which is not connected his or her official duties and does not exceed US$10 in value.

1.3.11 Token Gifts: Includes souvenirs, mementos or symbolic items given to a public servant, which does not exceed US$250 in value.

1.3.12 Interdiction: Means temporarily stopping a public servant from exercising the powers and functions of his or her office to pave way for the investigation of a case.

1.3.13 Professional Code: Means the code that applies to a specific profession in the public service.

1 1.3.14 Public Office: Means an office in the public service.

1.3.15 Public Servant: Means any person elected, appointed or employed in the service of the three branches of government with the exception of the Army and those subject to the Uniform Code of Military Justice (UCMJ).

1.3.16 Responsible officer: Means the head of any ministry, agency or entity of Government or any subdivision thereof under which one or more public servant are serving.

1.3.17 Sexual Harassment: Means making sexual remarks, asking repeated questions about a person's intimate relationship gender insults, and repeated requests for dates, exerting pressure or aggressiveness with the intent of causing any person to yield to sexual demands.

1.3.18 Ombudsman: Means someone or a group of persons appointed or authorized to deal with or receive and investigate complaints against government officials, public servants and institutions.

PART II: APPLICATION OF THE CODE OF CONDUCT

2.1 The Code of Conduct is applicable to all public officials and employees of the three branches of the Government of Liberia and its parastatal bodies, except those subject to the Uniform Code of Military Justice.

2.2 The Code shall be reinforced by professional codes of conduct.

PART III: PRINCIPLES OF GOOD CONDUCT

This code of conduct has been developed by incorporating the following universally accepted principles of good conduct:

3.1 Selflessness: A public servant in the course of his or her official duties shall take

decisions solely in the interest of public.

3.2 Integrity: A public servant shall not place himself or herself under any financial

obligations or other situations of conflict that impair or are likely to impair the performance of his or her official duties. A public servant will set out the facts and relevant issues truthfully, and correct any errors as soon as possible. He or she shall use resources only for the authorized public purposes for which they are provided.

3.3 Diligence: A public servant shall apply his or her full effort to the performance of

his or her work, use available time in a judicious, productive and efficient way, and complete work in a timely manner.

3.4 Objectivity (Justice and Fairness): In carrying out public business, including

making appointments, promotions, awarding contracts or recommending individuals for rewards and benefits, a public servant shall make choices based solely on merit or by national interest as defined by public policy and Law.

3.5 Accountability: A public servant will be held personally responsible for his or her own

acts or omissions, done either deliberately or repeatedly, or which evidence gross negligence or result in substantial damage or injury to the government. A public servant shall obey all lawful instructions issued to him or her by their supervisors and shall decline to obey orders he or she knows or ought to know to be wrong or unlawful.

3.6 Openness (Transparency): A public servant shall be as open as possible regarding all the

decisions and actions that he or she takes. He or she shall give reasons for his or her decisions and restrict access to information only when the wider public interest demands that the information shall not be released. He or she shall follow established rules and procedures for delivery of services to the public.

3.7 Honesty: A public servant has a duty to declare any private interests relating to his or

her duties and shall, in a way that protects the public interest, take steps to prevent any conflicts which may arise. A public servant shall set out the facts on relevant issues truthfully, and correct any errors as soon as possible. A public servant will use resources only for the authorized public purposes for which they are provided, and shall not deceive, knowingly mislead others, or be influenced by improper means for the purpose of obtaining personal gain or giving undue advantage to others.

3.8 Non-Discrimination: Every public servant shall respect human dignity and human

rights of all persons without discrimination on grounds of race, sex, marital status, nationality, ethnic or national origin, physical, intellectual or other impairment, on religious or political conviction or ideology.

3.9 Discipline: A public servant shall adhere strictly to the Rules and

Procedures of the Civil Service, this Code of Conduct or any other laws or policies, and shall also ensure that his or her subordinates do the same. Public Servants shall obey all lawful instructions issued to them by their superiors.

3.10 Loyalty: A public servant shall be faithful to the people and government of

Liberia and be supportive of government's policies, plans and programs. He or she shall show respect for constituted authority and the country at large at all times and perform his or her duties in the most courteous, efficient and effective manner.

3.11 Confidentiality: A public servant shall not divulge classified confidential information, as

defined by the Freedom of Information Act, obtained in the course of his or her work to anyone other than persons duly authorized to receive the information. He or she shall exercise due caution and discretion in handling confidential information. This caution and discretion shall extend to disclosures made both inside and outside the Government.

3.12 Leadership: A public servant shall strive to excel in all his or her endeavors,

be a role model to others and encourage them to follow his or her footsteps. He or she shall promote and support the above principles of good leadership by example.

3.13 Professionalism: A Public servant shall adhere to the professional codes of

conduct; demonstrate a high degree of competence required by his or her given profession.

PART IV: CONSTITUTIONAL AND CIVIC RESPONSIBILITIES AND PROFESSIONALISM

4.1 Responsibility to the State and the Public Service

A public servant has constitutional and civic responsibilities as outlined below which are over and above the good conduct and ethical issues contained in Part 1 of this Code of Conduct. He or she therefore shall uphold the Constitution and abide by laws, statutes, rules and regulations of the Republic of Liberia. He or she shall ensure that his or her personal interests do not interfere with or appear to interfere with his or her official duties and the interest of the public.

4.2 Respects for Laws of the State

A public servant shall carry out and abide by all laws, lawful instructions, decisions and policies faithfully and impartially to the best of his or her ability.

4.3 Maintaining Dignity of the Public Service

A public servant shall exhibit good conduct at all times, both at work and off-duty. He or she shall be honest, faithful and just, and shall not act in a manner derogatory to the honor or dignity of the public service.

4.4 Support for vulnerable and the physically challenged

A public servant shall fully support and effectively implement government policies and programs on affirmative actions designed in favor of groups marginalized on the basis of gender, age, disability or any other reason created by history, tradition or custom, for the purpose of redressing imbalances which exist against them.

4.5 Efficiency and Effectiveness

A public servant shall faithfully, effectively and efficiently implement the policies of government with transparency. In the performance of official duties, he or she shall exercise proper diligence, care and attention and maintain high standard of performance.

4.6 Influence of official action for undue advantage

A public servant shall not communicate with or contact a fellow public servant or any other person in writing or by use of letters of recommendation, e-mail and telephone calls or otherwise with intent to influence official action on his or her personal behalf, or on behalf of another person for undue advantage, except if requested to provide a reference by an interested third party.

4.7 Confidence in Government

A public servant shall act professionally and impartially at all times to promote and sustain public confidence in government.

4.8 Care of State property

A public servant shall protect all properties of the state against damage, theft, loss, destruction and abuse and, where applicable, administer resources in the most effective and efficient manner in compliance with financial regulations, the Public Procurement and Concessions Act, and the purposes for which the resources have been allocated. He or she shall not use public resources to gain personal benefit or give undue advantage to his or her relatives, other individuals or group of individuals.

4.9 Giving Advice

A public servant shall provide his or her superior(s), advice which is frank, accurate and comprehensive. The advice shall include setting out identifiable advantages, disadvantages, costs and consequences of the available options and where appropriate, recommending a particular course of action which he or she considers to be cost-effective and in the interest of the State.

4.10 Conflict between personal belief and work/duties

Where a public servant holds strong personal beliefs on issues that conflict with his or her duties, he or she shall, regardless of his or her personal views, implement the government policy to the best of his or her ability and shall not do anything to circumvent or undermine the policies; or he or she shall resign.

4.11 Respect for Other's rights

A public servant shall treat members of the public and other public servants honestly and fairly, and with proper regards for the other persons' rights and obligations.

4.12 Representation of Local or Foreign Governments, NGOs, etc.

A public servant shall not represent, advice or serve as an agent of any foreign government, local or foreign company, , development partners or foreign political party.. He/she may however advice, represent or serve as an agent of NGOs, charitable organizations provided no pecuniary interest is accrued to him or her.

PART V: POLITICAL PARTICIPATION

5.1 Exceptions from Participation in political activities

Chapter VIII of the Constitution confers rights on each citizen of Liberia to join any political party or association of his or her choice. Notwithstanding the foregoing, a public servant shall be impartial in the execution of his or her duties and shall remain loyal to the government irrespective of his or her political affiliation or beliefs. A public servant shall not:

a) engage in political activities during working hours; and

b) Use government facilities, equipment or resources in support of political activities

c) serve on any campaign team of any political party while at the same time serving as commissioned officers, heads of public corporations and autonomous agencies, unless he or she is a candidate.

5.2 Reimbursement of expenses incurred by government

A public servant who is an incumbent and seeking re-election shall reimburse all expenses incurred by government in his or her campaign.

5.3 Avoidance of conflict - politics and work

A public servant shall ensure that his or her participation in political matters does not bring him or her in conflict with official duties.

5.4 Conditions for contesting elected Positions

A public servant may offer himself or herself as a candidate for election to any political office except where the terms and conditions of the office straightly prohibit that.

5.5 Contributions to election expenses

A public servant shall have the right, in his or her personal capacity, to contribute to funds or election expenses of any political party or candidate.

5.6 Soliciting financial support for politics

A public servant, however, shall not solicit financial contributions or any form of assistance from any public agency or office for campaign purposes.

PART VI DISCLOSURE OF INFORMATION AND RELEASE OF CLASSIFIED

MATERIALS

6.1 Confidentiality of Information

Public servants shall use sensitive and confidential information that is in their possession or likely to come into his or her possession only in the performance of his or her official duties or responsibilities except where such information is criminal in nature or against public policy. A public servant shall be prudent in discussing sensitive information with other public servants and he or she shall not discuss sensitive matters with any other public servant or others who are not directly concerned with the matter in hand.

6.2 Non-permissible use of information

A public servant shall not use information in the course of his or her official duties:

a) In ways that are inconsistent with his or her obligations to act impartially.

b) To cause harm or be detrimental to any person or body or the public service.

c) To gain improper advantage for himself or herself or for any other person.

Such use of information for improper advantage includes:

a)Speculation in property or shares based on information about government decision or the affairs of any public or private sector body.

b) Exchanging confidential information with people from other organizations.

c) Taking advantage, for personal reasons, of another person on the basis of information about that person that is held by the employer of the public servant in question.

d) Providing information from official records to any unauthorized person

6.3 Safeguarding official information

A public servant shall maintain a high level of confidentiality regarding communication of official information in accordance with Government policy, the Rules and Procedures of the Civil Service or any other law.

6.4 Release of Official Information

A public servant shall not accept public speaking engagements on matters of government policy which has not been officially released to the public without prior approval from his or her immediate supervisor. He or she shall not at any time engage himself or herself in making unguarded statements that will compromise government policy on confidentiality.

6.5 Acceptable public comments / discussions

Contributions by a public servant to public discussions of an impending government policy in an official capacity are generally acceptable in circumstances where:

a.Providing information on government policy is part of the public servant's official duties or has been appropriately authorized by the officials of the ministry or agency ; and

b. The public servant does not misrepresent the facts concerning government policy.

6.6 Release of Official Information

A public servant shall not use or communicate official information other than for official purposes except where such information has already been made available officially to the public. He or she shall not take improper or undue advantage of any information, including commercially sensitive information gained in the course of his or her employment.

6.7 Conditions for release of information

A public servant shall only disclose official information or release documents acquired in the course of employment when required by law to do so, is inherent in the nature of the position, , or when called to give evidence in court, or when proper authority has been given. In such cases said disclosure shall be confined to only factual information.

6.8 Unauthorized release of information

A public servant shall not compromise the policies, decisions, or actions of government by the unauthorized, improper or premature disclosure of any information to which he or she has had access as a result of his or her duties and responsibilities.

6.9 Disclosure of information to parties and persons

A public servant shall not without authority disclose to any person or organization for his or her personal advantage or the recipient's advantage, information which has been communicated in confidence to him or her or has come to his or her knowledge as a public servant.

6.10 Communication of private matters

A public servant shall have the right to communicate directly with any official of government (e.g. minister or legislator) on any issue affecting him or her as a private citizen. However, he or she shall observe and follow the proper channel of communication that operates in his or her organization regarding communications of official matters.

PART VII: INTERACTING WITH THE PUBLIC

7.1 Courtesy to service recipients or users

A public servant shall, in the course of his or her work exhibit courtesy, transparency, promptness, clarity, respect and sensitivity with proper regard for a person's rights and obligations. He or she shall exhibit said responsibilities with a view of ensuring the maximum satisfaction of the recipients and or users of services delivered or required to be delivered by the employer of the public servant. He or she shall be responsive to legitimate demands from the public and attend to requests, complaints or enquiries promptly. If not in a position to assist, he or she shall refer the person to another officer or office which is able to deal with the request.

7.2 Courtesy of staff

A public servant shall treat all service recipients and users with due courtesy and respect.

PART VIII: USE OF PUBLIC FUNDS, PROPERTIES AND FACILITIES

8.1 Use of Government Facilities

A public servant shall use government facilities, including residential property, equipment, money, vehicles, computers, internet and telephones for official purposes only.

8.2 Abuse of Staff time

A public servant shall not employ for private purposes, the services of government employees at a time that the services of such employees are at the disposal of government.

8.3 Adherence to budgetary and financial regulations

A public servant shall ensure that public resources entrusted to him or her for the performance of his or her duties are utilized judiciously and in accordance with budgetary appropriations and financial regulations. A public servant who directs or concurs in the use of public funds contrary to the existing regulations or instructions shall be accountable for any loss arising from that use and shall be required to make full restitution of the loss, even if he or she has ceased to be a public servant.

PART IX: GIFTS, BRIBES AND CONFLICT OF INTEREST

9.1 Bribes and Gifts

A public servant shall not receive nor encourage the giving of any form of bribe or casual gift in connection with the performance of his or her official duties, whether for himself or herself or members of his or her family or any other benefits that could have any influence on his or her professional approach to issues and the discharge of his or her official duties.

9.2 Bribes and Gifts from commercial firms, contractors, influential persons on the public servant etc.

A public servant shall not receive any bribe. He or she shall not receive casual gifts from commercial firms, business enterprises, institutions whether private or public or persons who have submitted bids for contracts; have standing contracts, or intend to bid for contracts before the employer of the public servant or the Government of Liberia. A public servant shall not allow himself or herself to be put into a situation where he or she is under the obligation to reciprocate a service or benefit when doing so could impair the proper performance of his or her official duties.

9.3 Gifts to spouses and close relatives

A casual gift given to a family member or a close relative of a public servant shall be presumed to be a

casual gift to the public servant unless the family member has an independent relationship with the giver. Casual gifts to persons having influence over a public servant, including but not limited to siblings and friends are prohibited, unless the giver is not likely to benefit from a decision of the public servant.

9.4 Token gifts

Any token gift received by a public servant must be declared, within a reasonable time not exceeding seven days, to the appropriate authority that shall decide whether the gift item should be retained by the public servant or surrendered to government. A public servant who surrenders a token gift must demand a receipt from the appropriate recipient or depository.

9.5 Obtaining financial assistance or loans

A public servant may take a loan from a person or legal entity provided that the loan is on commercial

terms including requirements for repayment and reasonable rate of interest as established by law or as set by the Central Bank or by Contract.

9.6 Gifts and offers intended to induce or influence

A public servant shall report to his or her head of institution any circumstances where a benefit or gift was offered or made regardless of whether it was accepted or not, especially where the public servant feels that such circumstances constituted attempts to influence his or her official action/decision. In reporting such case, the public servant shall disclose the source of such gift.

9.7 Reporting of Gifts from foreign governments, international organizations, etc.

A public servant may accept gifts other than casual gifts or token gifts from foreign governments, donors, international or multinational organizations or quasi-governmental organizations closely affiliated or funded by a foreign government but shall promptly declare such gift to his or her superior who shall decide whether the public servant retains the gift or surrenders it to the Government.

9.8 Use of office for private interest

A public servant shall not use his or her official position to pursue private interests that may result in conflict of interest.

9.9 Equal and fair treatment of the public

A public servant shall not, in the performance of his or her official duties, give preferential treatment to an individual, corporation or institution, including a non-profit organization.

9.10 Receipt of double emoluments

A public servant shall not, while receiving or being paid salaries by any public service office, at the same time receive or be paid salary by any other public office unless it is established that such additional employment does not conflict with his or her principal employment.

9.11 Running of private business

A public servant in full time employment of government shall not engage in the running of any private

business that conflicts with his or her official duties or during working hours unless it is established that

such activity does not conflict with his or her principal employment.

9.12 Disclosure of interest

Where a public servant has direct or indirect personal interest in a matter being examined, he or she shall inform the authorities of those interests and shall excuse him or herself before deliberations are held and a vote or decision is taken.

PART X: DECLARATION AND REGISTRATION OF PERSONAL INTERESTS, ASSETS AND

PERFORMANCE/FINANCIAL BONDS.

10.1 Declaration of assets or performance bonds

A public official and civil servant involved in making decisions affecting contracting, tendering or

procurement, and issuing of licenses of various types shall sign performance or financial bonds and shall in addition declare his or her income, assets and liabilities prior to taking office and thereafter,

a. at the end of every two years;

b. on promotion or progression from one level to another;

c. transfer to another public office; and,

d. upon retirement or resignation.

Such declaration must be made public through its publication in a reputable newspaper 3 times.

10.2 Repository and contents of declaration

The declaration of personal interest, income, assets, liabilities and the performance bond as may be required, shall be lodged with the General Auditing Commission, and shall be accessible to both his or her public employer and the general public. The declaration shall be promptly updated by the public servant upon subsequent changes in his or her interest and/or assets. Each declaration along with the updates thereto shall include disclosure of income, assets, liabilities, net worth, financial and family interests held by the official.

10.3 Sanctions for false declaration

Each public servant shall declare and affirm that his or her declaration is accurate to the best of his or her knowledge. Any statement in such declaration found to be false upon verification shall lead to summary dismissal and other measures provided by law.

PART XI: PERSONAL BEHAVIOR AND WORK ETHICS

11.1 Exploitation of relationships for undue favors or advantages

A public servant shall conduct himself or herself with utmost integrity and respect and shall not exploit his or her relationship with another public servant or any other person to take advantage of or obtain undue favor from the person for any purpose.

11.2 Relationship and performance

A public servant shall not allow relationship at the work place or anywhere else to adversely affect his or her performance.

11.3 Sexual harassment

A public servant shall avoid unethical and unbecoming behaviour such as use of rude, abusive and

obscene language, indecent dressing, unreasonable or oppressive supervision and sexual gestures which constitute sexual harassment and hence violation of human rights.

11.3.1 A public servant shall neither be subjected to nor have others subjected to conduct of a sexual nature, which is unwelcome, unreasonable and offensive.

11.3.2 A sexual suggestive and offensive behavior may manifest itself in such forms as:

a) An employee being forced to choose between acceding to sexual demands or losing job benefits through sexual blackmail.

b)Verbal and non-verbal sexually offensive behavior exhibited by any person.

11.3.3 A public servant who is subjected to sexual harassment shall report such a case with

adduced evidence, where applicable, with a view of obtaining redress from the ministry/agency of government that is responsible for investigating civil and criminal offences.

11.3.4 A public servant who has lodged any complaint regarding sexual harassment using the established complaints procedure shall not be unduly victimized.

11.3.5 Remedies for sexual harassment shall be those prescribed under the civil and criminal laws.

11.4 Discrimination at work place

A public servant shall not discriminate against, harass or bully anyone, particularly those over whom he or she has authority or those who are vulnerable.

11.5 Improper Behavior

A public servant shall not engage in any act that is fraudulent, embarrassing, profane, obscene, defamatory or otherwise unlawful or inappropriate.

11.6 Consumption of Alcohol

A public servant shall not consume or drink alcohol while on duty.

11.7 Usage of prohibited drugs and related substances

A public servant shall not take any prohibited drugs and other related substances unless such drugs are dispensed and administered by a qualified physician during the course of medical treatment.

11.8 Promotion of Merit system

A public servant shall promote the merit system and shall not use his or her influence or the influence of

any person to obtain appointment, promotion, advancement, transfer, or any other advantage for himself or herself, relatives or friends.

11.9 Confidentiality after service

Without expressed permission no public servant who leaves the public service may:

a)Make public, or otherwise use, any confidential knowledge or information gained as a consequence of employment in the public service;

b)Distribute, publish, mail or otherwise release any confidential information gained as a result of employment in the public service.

c)A public servant leaving employment in the public service will return any document or items which relate to the public service and which are not otherwise publicly available.

11.10 Maintaining integrity of the service and work environment

A public servant shall exhibit conduct that will contribute to a positive work environment and not compromise the integrity of the public service. He or she shall not engage in abusive language or fight on any government premises, or any public place.

11.11 Dress code

A public servant shall be attired in accordance with the work to be performed taking into consideration

occupational health and safety factors, cultural diversity, local community standards and climatic conditions.

11.12 Work Ethics

A public servant shall be committed to reporting for duty punctually in compliance with official government working hours. Unless otherwise stated, the official working hours of a public servant are:

Monday - Friday: 9:00 a.m. - 1:00 p.m.

1:00 p.m.- 2:00 p.m. Lunch

2:00 p.m.- 500 p.m.

11.12.1 A public servant shall neither engage in nor encourage the practice of:

a) Lateness at work, meetings and Official functions;

b) Irregular attendance to work;

c) Taking more than the average number of sick days/casual leave;

d) Using weather, poor transportation and domestic problems as excuses for lateness and irregular attendance;

e) Being lazy and idle at work; and,

f) Transacting private business in office.

g) Abusing the rights of persons supervised by keeping them beyond official working hours, unless under conditions of emergency.

11.12.2 A public servant shall seek and obtain permission from his or her supervisor to be absent from duty. Permission shall not be unreasonably denied or granted.

11.12.3 A public servant shall, during official working hours, report his or her absence from office to his or her immediate supervisor or relevant persons.

11.13 Abuse of rights

A public servant shall not influence nor cause others to do acts that are arbitrary or prejudicial to the rights of others.

11.14 Other professional associations

A public servant who is a member of any professional association or body shall be required to observe the code of conduct prescribed for and/or by that profession. However, where there is inconsistency between a professional code and the Code of Conduct for Liberian Public Servants, this code of conduct shall prevail to the extent of the inconsistency.

PART XII: ENFORCEMENT OF THE CODE OF CONDUCT

12.1 Institution responsible for enforcement of code

Ministers and heads of agencies and the autonomous body with Ombudsman function shall be responsible for the enforcement of this code. In the case of ministers and heads of agencies, the Executive will be responsible for enforcing this code. In the case of the Legislature, enforcement shall rest with the ethics and grievance committees. In the case of the Judiciary, enforcement shall rest with the rules governing lawyers and judges.

12.2 Responsibility of public servants to report wrong doings

A public servant has a duty to report any situation that he or she believes contravenes the code. Such reports shall be treated confidentially, unless disclosure of the information is authorized or required by law.

12.3 Protection of Complaints

A public servant shall be protected from discipline or reprisal for reporting in good faith, allegations of wrong doing or contraventions of the code.

12.4 Complaint from Public

A member of the public who has any complaint of misconduct by a public servant shall report this to the

head of the particular public servant's institution or the autonomous body responsible for the functions of Ombudsman. Such person making a complaint shall be protected from any reprisal for reporting in good faith, allegations of wrong doing or contraventions of the code in keeping with the whistle blower protection law.

PART XIII: INFRINGEMENT OF THE CODE

13.1 Infringement of the code

A breach of this code of conduct shall evoke, relevant to the particular officer, the disciplinary processes as contained in the Civil Service Rules and Procedures, the Code of Conduct and other relevant rules, regulations and laws in force.

PART XIV: SANCTIONS

14.1 Sanctions for infringement

Sanctions for any breach of this code shall be those prescribed by the Rules and Procedures or any other laws governing the public service.

Depending on the gravity of the offence or misconduct, one or more of the following penalties shall apply:

a. dismissal;

b. removal from office in public interest;

c. reprimand;

d. fine or making good of the loss or damage of public property/assets;

e. demotion (reduction in rank);

f. seizure and forfeiture to the State of any property acquired from abuse of office; and

g. interdiction/suspension from duty with half pay.

PART XV: PROCEDURE FOR REPORTING VIOLATIONS

15.1 Procedure for submission of Complaints

Submission of complaints shall be in accordance with procedures established by the autonomous body

responsible for Ombudsman functions.

PART XVI: CRIMINAL OFFENSE

16.1 Criminal Offense

The sanctions listed above shall be without prejudice to the penalties that may be imposed by any court of law where the conduct also amounts to a criminal offence.

PART XVII: REWARDS

17.1 Rewards of public servants for good behavior

An appropriate reward and recognition shall be accorded to a public servant who exhibits good ethical

conduct in compliance with this code. A reward shall be accorded to a public servant by the head of the organization or appropriate authority in which the public servant works. The rewards shall include; but not be limited to

a) Word of recognition of good performance

b) Open praise

c) Challenging work assignment normally done by seniors

d) Letter of commendation

e) Presents

f) Mementos

g) Certificate of merit

h) Concessionary trips

i) Cash bonuses

j) Award of medal

PART XVIII: OBLIGATIONS OF GOVERNMENT

18.1 Obligations of government towards public servants

While a public servant is expected to observe the code, an employer has the following obligations as

laid down in the Constitution and operationalized by relevant laws:

i. To provide a working environment that is safe, healthy and satisfactory.

ii. To ensure equal pay for work of equal value.

iii. To ensure that employees are accorded rest and reasonable working hours and periods of holidays with pay as well as remuneration for Public holidays.

iv. To enable every employee to practice his or her profession consistent with the professional code of conduct, the Constitution and other laws of Liberia.

v. To accord every public servant the right to join a Trade Union of his or her choice for the promotion and protection of his or her economic and social interests in accordance with law.

vi. To protect public servants' rights, including the right to withdraw labor in accordance with the law.

vii. To accord protection to female public servants during pregnancy and after birth in accordance with Civil Service rules and Labor Laws.

viii. To provide public servants with the necessary tools and equipment for the effective performance of their duties.

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PART XIX: SIGNING OF THE CODE OF CONDUCT

19.1 Signing of the code by new employees at induction into the service

A public servant shall sign this Code of Conduct at his or her induction into the public service or at the commencement of his or her orientation program. Refusal to sign is tantamount to declining the appointment or offer of employment.

19.2 Signing of the code by employees already in the service

A public servant already in the service of Government at the coming into force of this code shall be required to sign the Code.