Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697721720581.pdf (Dominica)
Page of 26 ELEVENTH ANNUAL REPORT Integrity Commission of Dominica Operational Year ended August 31, 2019 i CONTENT Letter of Transmittal Introduction Part I: The Commission Part II: The Functions Part III: Activities Signatures Appendices PAGE 1 2 3 – 5 5 – 12 13 – 15 16 17 - 24 ii LETTER OF TRANSMITTAL TO THE MINISTER FOR NATIONAL SECURITY March 17, 2020 Honourable Minister for Justice Ministry of National Security & Home Affairs Dear Honourable Minister, ANNUAL REPORT I am privileged to present the Eleventh Annual Report of the Commission in accordance with section 48(1) of the Integrity in Public Office Act, 2003 (as amended) for the operational year: September 1, 2018 up to August 31, 2019.
Commissioners It is my honour to have been appointed Chairman of the Integrity Commission in accordance with section 4(a) of the Integrity in Public Office Act 2003 (as amended by the IPO (Amendment) Act, 2015 effective February 15, 2019.

Fellow Cara Shillingford and I have sought to fulfil the mandate of the Act with impartiality, diligence and strength, notwithstanding the fact that the operational year was almost halfway when we assumed office.
The Commission also dealt with matters left pending following the failure to meet of the previous Commission after the death of previous Chairman Southwell in July 2018.

Thomas Holmes and is presented the This Report Commission and attendant issues, the functions of the Commission relating to the affairs of persons in public life, other activities of the Commission and administration.
in four main parts: We look forward to working with the Executive for the successful fulfilment of the mandate of the legislation.

- 1 - STEPHENSON HYACINTH CHAIRMAN INTRODUCTION ESTABLISHMENT & LEGISLATION AND VISION AND MISSION STATEMENTS - 2 - ESTABLISHMENT AND LEGISLATION The Commission was established in September 2008 following the passage of the Integrity in Public Office Act, 2003, No.

6 of 2003.

The Integrity in Public Office (Commencement) Order, 2008, SRO No.
24 of 2008 appointing September 1, 2008 as the day the Act would come into force, was published in the Official Gazette of August 14, 2008.

The Commission was officially appointed on September 2, 2008 for the purpose of: ‘receiving declarations on the financial affairs of persons holding specific positions in public life, for the purpose of establishing probity, integrity and accountability in public life and for related matters’.
The Commission made the Integrity Commission (Inquiries) Rules 2012, SRO No.

21 of 2012 in accordance with section 58 of the Act.

The SRO was published in the Official Gazette of July 12, 2012.

The seven-member Commission established by the Act functioned until its dissolution by the passage and in Public Office commencement of the Integrity (Amendment) Act, 2015, on December 24th 2015.
VISION AND MISSION STATEMENTS The Mission of the Commission is: to establish effective oversight of the financial affairs of persons in public life in order to foster a culture of integrity, accountability and probity, and to respond to complaints of corruption in public office.” The Commission envisages that our country shall be: “A nation free of corruption and governed by persons in public life who are imbued with the highest standard of integrity.” PART I: THE COMMISSION MEMBERS MEETINGS FORMER COMMISSIONERS - 3 - MEMBERS OF THE INTEGRITY COMMISSION At the date of this Eleventh Annual Report, the three- member Commission appointed by His Excellency the President, with effect from February 15, 2019, comprised: Chairman: Stephenson Hyacinth Members: Thomas Holmes; and Cara Shillingford The Chairman of the Commission was appointed pursuant to the amended section 4(a), that is, upon the advice of the Prime Minister after consultation with the Leader of the Opposition.
He brings to the Commission over thirty-five (35) years of experience in the Public and Social sectors.

Mr. Hyacinth is a product of the University of the West Indies, where he received a Bachelor of Education degree in 1996 and a Master’s degree in Education Management and Administration in 1998.

He also attended the Jamaica School of Drama, now called the ‘Edna Manley School of the Arts’, where he studied Drama in Education and Theatre Arts.
Mr. Hyacinth was Chief Education Officer for thirteen (13) years, and served as Permanent Secretary in the Ministries of National Security, Tourism and Legal Affairs.

His name is a household one in Dominica, particularly for the outstanding contribution to education and to national cultural life as co-founder and Artistic Director of the thirty-six (36) year–old New Dimension Theatre Company.
For his contribution to the national and cultural life of Dominica, Mr. Hyacinth has received wide recognition and numerous awards, including the Golden Drum and the Meritorious Service Awards.

Commissioner Thomas Holmes was appointed upon the advice of the Prime Minister pursuant to section 4(b) of the Act.
The Commissioner is a Qualified Teacher (retired) who served as both Vice-Principal and Principal and who is currently a trained and qualified Guidance Counsellor and the lead Counsellor for Catholic Schools in organization: Dominica.

He is also a University Tutor and Chairman of a family-oriented Empowerment Movement Inc. (FEM Inc.) In those capacities, he interacts with a wide range of publics on social issues and works for the establishment of integrity, particularly among the nation’s youth.
Family Commissioner Cara Shillingford was appointed upon the advice of the Leader of the Opposition pursuant to section 4(c) of the Act.

She is an Attorney at Law, with over six (6) years of legal experience in Dominica, Trinidad and Tobago, St. Lucia and Commissioner Shillingford brings a youthful Antigua.

legal knowledge to the dynamism and wide range of Commission.

The Act requires that all appointees shall be persons of high public standing and reputation for personal integrity.
MEETINGS OF THE COMMISSION Commissioners attended 100% of the six (6) meetings convened from the assumption of office in April/May 2019 to the end of the operational year, August 31, 2019.

Meetings were held at the Commission’s Library, Fort Young Hotel and ‘Organized Me’ Conference Room.

FORMER COMMISSIONERS The Commission recognizes the contribution of the previous and former Commissions.
The previous was chaired by Dermot Southwell (deceased) from 2016 till his passing in July of 2018; the former, by Julian N. Johnson from 2008 to 2015.
The Commission expresses profound gratitude to the previous and former Chairmen Southwell and Johnson, and the following individuals for establishing and maintaining high standards and procedures for the operation of such an august body over the first decade of its existence - 2008 to 2018: - 4 - PART II: THE FUNCTIONS FUNCTIONS OF THE COMMISSION PERSONS IN PUBLIC LIFE RECEIPT OF DECLARATIONS FOR 2017 AND 2018 EXAMINATION OF 2017 MATTERS THE RECEIPT OF GIFTS CODE OF CONDUCT COMPLAINTS CHALLENGES FACED Colleen Felix-Grant Alick Lazare Patricia Inglis Sir Brian Alleyne Davidson Bruney Indira St. Jean Henry Dyer Lennox Jno.
Baptiste Wendell Lawrence George Williams Vanoulst Jno.
Charles Anthony P. La Ronde Gerald Smith THE FUNCTIONS OF THE COMMISSION Section 9 of the Act requires the Commission to: “(a) receive, examine and retain all declarations filed with it under this Act; (b) make such enquiries as it considers necessary in order to verify or determine the accuracy of any declarations filed under this Act; (c) without prejudice to the provisions of any other enactment, inquire into any allegation of bribery or act of corruption under this Act; (d) receive and investigate complaints regarding non- compliance with any provision of this Act; and (e) perform such other functions as is required under this Act.” Under Parts V and VII, the Commission is also required to: ▪ ▪ investigate gifts accepted by persons in public life, and inquire into allegations of bribery and other acts of corruption.
- 5 - To ensure the fulfilment of this mandate, the Act gives the Commission certain powers including the powers, rights and privileges of the Supreme Court at a trial, in respect of: • enforcing the attendance of witnesses and examining them on oath, affirmation or otherwise; • compelling the production of documents; and • the issue of a commission or request to witnesses abroad.
Section 13 of the Act guarantees the independence of the Commission from the control or direction of any person or authority in the exercise of its functions.

PERSONS IN PUBLIC LIFE The thirty-two (32) offices of persons in public life are listed in the Third Schedule to the Act, which was amended in 2015.
It encompasses all members of Parliament, Ministers of Government, Permanent Secretaries and department heads of the Public Service, gazetted police officers and the chairpersons and general managers of all public corporations (Appendix 1).
‘public corporation’ as: The Act defines ‘a corporation established by an Act for public purposes or any subsidiary thereof’ or ‘a board, commission or committee or such other body appointed by the President or a Minister of Government.’ An individual becomes a person in public life when he is appointed to any of the thirty-two (32) offices listed in the Third Schedule or when he acts continuously for a period of at least six in any of them.
The Commission compared the numbers of persons in public life over the last five (5) years, 2014 to 2018 as in the graph below.

The fluctuation in the numbers - from 197 in 2016 following the passage of the IPO (Amendment) Act, 2015 to 167 in 2018 - was noted, though the population of the offices varies from year to year as persons demit and assume them.

- 6 - Persons in public life remain on the list for up to two years following their demission of office – section 16(2).
Number of persons in public life 2014 - 2018 200 195 190 185 180 175 170 165 160 155 150 197 191 172 177 167 2014 2015 2016 2017 2018 To ensure the fullness and accuracy of the list of persons in public life, the decision was taken to notify new persons in public life of that fact, and of their responsibilities under the Act.
Also, the Commission determined to communicate more frequently with the Chief Personnel Officer, Permanent Secretaries and other Heads of Department in the Public Service that they would inform the Commission, in timely fashion, of all changes regarding appointment to and demission of the offices.

The Commission noted the passing of Ava Roach, General Manager of a public institution, CHANCES.

She was removed from the list of persons in public life in accordance with section 16(2) of the Act.
- 7 - RECEIPT OF DECLARATIONS – CALENDAR YEARS 2017 AND 2018 Each person in public life is to file a financial declaration in Form 2 stating: a) office(s) b) income, assets, liabilities c) assets of the spouse, children or relatives that are traceable to his/her income d) gifts over one thousand dollars made.
For the calendar year 2017 (that is up to August 31, 2018 which is the reporting period) the numbers were recorded as: • total who filed – in compliance and late: 158 • 19 failed to file: • certified for 2017: 56 Within the current reporting year (up to August 2019), four (4) additional persons filed for 2017, bringing the total who filed for calendar year 2017 to one hundred and sixty-two (162).
For calendar year 2018, one hundred and sixty-seven (167) persons in public life were required to submit financial declarations in accordance with the Act by April 1st 2019 (March 31st 2019 was a Sunday).

One hundred and thirteen (113) persons complied and filed accordingly.

Five (5) persons sought extension of the period for filing pursuant to section 16(2A) of the Act, which allows the Commission to extend the period within which a declaration may be filed upon application by the person in public life.
Twenty-one (21) persons filed late and twenty-eight (28) persons had failed to file by August 31, 2019.

A comparison of the receipt of declarations for the years 2014 to 2017 (see following figure), seemed to indicate a gradual slipping of compliance.

It appeared that more persons in public life were electing to file late, without regard to the section 16(2A) discretion of the Commission, and others were electing to not file at all.
- 8 - 200 150 100 50 0 Financial Declaration - 2014 to 2018 100% 80% 60% 40% 20% 0% 2014 2015 2016 2017 2018 Filed i.a.w Act Filed late Failed to file Compliance rate The apparent dip in the rate of compliance was one of the matters discussed with the Director for Public Prosecutions (DPP) when the Commission met with her in June 2019.

Failure to file a declaration or to submit better particulars requested by the Commission is criminalized by the Act.
EXAMINATION OF DECLARATIONS - CALENDAR YEAR 2017 Since the previous Commission did not meet following the death of Chairman Southwell, the Commission examined the outstanding 2017 declarations – one hundred and six (106) - that were awaiting examination.

Of these, an additional seventy-one (71) declarations were certified for 2017; thirty- five (35) matters were queried.
- 9 - Given the large number of queries, the Commission decided to plan for education sessions to, inter alia, remind persons in public life of all the provisions and requirements of the Act and how to make complete financial declarations.
It would greatly assist the examination of financial declarations if persons in public life would: • state the name and address of each source of income, and annualize the amounts; • provide supporting documents as far as possible, to substantiate the income listed in the declaration; • thoroughly review Form 2 to ensure thorough completion; • sign the Form 2; • insert the correct date in the declarative statement, that is, the end of the year for which the declaration was made; and • remember that ‘see attached’ is not a suitable entry for any field on the Form.
For the examination of declarations, the Commission used the Adagio information system.

THE RECEIPT OF GIFTS The Act requires persons in public life to report the acceptance of any gift to the Commission in the format laid out in form 4, within thirty (30) days of such acceptance.

The Act makes it unlawful for him/her to accept a gift as a reward for any official act done or as an inducement for any official act to be done.
For the reporting period one (1) person in public life reported the acceptance of a gift.

In accordance with the provisions of section 35 of the Act, that person in public life was asked to retain the gift.

The effect of section 35(3) of the Act is unclear.

Based on a literal interpretation of this section, one may argue that it is only gifts accepted in circumstances specified in subsection (2) which must be reported to the Commission within thirty (30) days.
Considering that subsection 35(2) was amended in 2015 to include “another person which in value does not exceed one thousand dollars”, the literal interpretation may be that a - 10 - person in public life is only required to report to the Commission within thirty (30) days gifts received from another person valued at less than one thousand dollars.

This therefore means that there is no duty to report within thirty days gifts valued at more than one thousand dollars ($1,000).
The Commission does not believe that this was the intention of Parliament in enacting this section.

Revision of the section is therefore necessary.

CODE OF CONDUCT COMPLAINTS The Act requires persons in public life to observe that body of rules known as the Code of Conduct laid out in the Second Schedule to the Act.

The Code is comprehensive and addresses key governance issues ranging from advantage and conflict of interest to discrimination and the abuse of position power.
The Act lays out a procedure for the Commission in the event that any rule is breached by a person in public life.

To give the Code of Conduct full effect, members of the public should participate by making complaints in writing to the Commission where there are reasonable grounds to believe that any provision has been breached.

For the reporting period the Commission received no reports of breaches of the Code by any person in public life.
CHALLENGES FACED In the exercise of its functions under the Act, the Commission faced a few challenges, including a backlog of matters to be completed, the stability of the information system used for analysis, a secure venue for meeting and having the full set of skills required for the effective examination of declarations.

These challenges were inter-related and are briefly alluded to in other sections of the report.
- 11 - The more pressing challenges followed the untimely death of Chairman Southwell in office in July 2018.

As noted earlier, the Commission failed to meet following his death until the end of its term in February 2019.

The failure to meet of the Commission meant that all outstanding financial declarations remained unexamined.
Coupled with this, the Secretariat, which is responsible for the inputting of data on the Adagio information system used for analysis, determined that the system was not functioning properly.

The Adagio system installed by the previous Commission uses which was comparative analysis as the primary tool of examination.

The Secretariat persisted administratively but required the appointment of the Commission to give direction and leadership in this key function.
To facilitate a thorough analysis of the Adagio report and to ensure that inputting on the system was accurate and effective, the Commission required the services of an Accountant.

No for this, administratively or provision had been made otherwise.

A contract had to be entered into with Chartered Accountant, Lennox former Jno.

Baptiste Commissioner) for a review of the system to ensure optimum goodness and the retraining of staff.
In light of this, the timeline for examination had to be extended to allow for the conclusion of the 2017 matters before the examination of the 2018 ones, which meant a delay in the 2018 examination.

(himself a The other challenge that the Commission faced was that of having a secure meeting place to conduct its affairs.

The Commission’s library which would have been an ideal venue was rendered unsuitable because of the intense heat in the building.
The air-conditioning system was still dysfunctional following damage caused by Hurricane Maria in 2017.

The Commission was forced to meet at rented facilities.
- 12 - PART III ACTIVITIES OF THE COMMISSION PROCEDURES AND PROCESSES MEETING WITH THE DPP CCAICACB ANNUAL CONFERENCE - 13 - PROCEDURES AND PROCESSES The processes and procedures utilized by the previous and former Commissions for the acceptance, security and examination of financial declarations and for handling communication with persons in public life were reviewed.
The Commission decided that the Manual of Procedure should be updated in light of the passage of the IPO (Amendment) Act, 2015 and the adoption of the Adagio information system.

The Manual of Procedures prepared by the former Commission, documents most of the Commission’s procedures and processes, pursuant to the provisions of the Legislation.
MEETING WITH THE DIRECTOR OF PUBLIC PROSECUTIONS (DPP) The Commission invited the DPP to discuss collaboration under the Act for better fulfillment of the mandate of the legislation.

The meeting was held in June 2019 and discussed in detail the role of the DPP under the Act.

It was agreed that the DPP’s office would assist with the training of the Secretariat’s staff to be able to effectively represent the Commission and serve as witness in its court matters.
fifth (5th) Conference of ANNUAL CCAICACB CONFERENCE The the Commonwealth Caribbean Association of Integrity Commissions and Anti-Corruption Bodies (CCAICACB) was held at the Marriot Beach Resort, Grand Cayman over the period June 3 to 7, 2019 under the theme: “Transforming Words into Action: Revitalizing the Fight Against Corruption”.

Participants Integrity Commissions and Anti-Corruption Bodies from Guyana in the South to the Bahamas and Belize in the North.
The representatives of included Dominica Commission was represented by Chairman Hyacinth and the Secretary.

Head of the Commonwealth Secretariat, Baroness Patricia Scotland was present and addressed the Opening Ceremony.

Baroness Scotland had high praise for the ordinary men and women of the Commonwealth who work continuously to make our societies aware of the magnitude of the problem of corruption, and who work towards its suppression.
Other key addresses came from Dr. Roger Koranteng, Interim Adviser and Head, Public Sector Governance at the Commonwealth Secretariat who was the instrumental Association and Prof. Trevor Monroe, Executive Director of National Integrity Action of Jamaica.
in establishing The Conference had the honour of hosting Wavel Hinds and Dave Cameron, together with Steve Richardson, for a panel discussion on corruption in the sport of cricket and noted the difficulty of investigators who had to work to ensure that cricketers were not coerced into match fixing.

The CCAICACB Annual General Meeting was held on Friday, June 7th.
The new executive to serve a two-year term was: Chairman Dirk Harrison – Jamaica IC; Vice- Chairman Justice Melville Baird – Trinidad IC; Treasurer Cleopas Regobert – St. Lucia IC, Secretary Helen Ambo – Dominica IC and Members: Turks and Caicos Islands and Guyana, Dr. Koranteng and Immediate Past-Chairman, Lady Anande Joseph Trotman – Grenada IC.

The Country presentations were inspirational.


All countries have different integrity infrastructure and legislation, and all the anti-corruptions agencies work within the parameters set by these.

Dominica’s Country Paper highlighted the activities of the Dominica Commission from June 2018 to June 2019 (Appendix ….).
- 14 - PART IV ADMINISTRATION STAFF OF THE COMMISSION BUDGET ACKNOWLEDGEMENTS STAFF OF THE COMMISSION The Secretariat of the Commission staffed by five (5) Public Officers: • Secretary, Helen Ambo • Research Assistant, Palestrina Rolle • Executive Officer, Cheryl Roberts • Junior Clerk, Tessa Darroux and • Messenger, Nigel Joseph Over the year, staff was encouraged (and facilitated) to participate at various training programmes for the further development of skills and aptitudes.
Most of these courses were facilitated by the UWI Open Campus, but staff also participated at a Basic Accounting Processes course, facilitated by Navigant Consulting.

The Research Assistant attended an anti-corruption training workshop in Grenada, over the period March 25 to 30, 2019.

In June 2019, staff member, Cheryl Roberts lost her mother.

The Commission expressed sincerest condolences on her loss.
– BUDGET OF THE ADMINISTRATION COMMISSION The 2018/2019 budget of the Commission was for five hundred and one thousand, four hundred and eighty-two dollars (EC$501,482).

All budgetary spending by the Commission is done in accordance with the Finance and Audit Act and procedures and regulations established by the Minister for Finance and the Financial Secretary.

- 15 - ACKNOWLEDGEMENTS The Commission extends profound gratitude for the assistance given to fulfil the mandate of the legislation.
(Signed: S. Hyacinth) STEPHENSON HYACINTH CHAIRMAN (Signed: T. Holmes) THOMAS HOLMES MEMBER (Signed: C. Shillingford) CARA SHILLINGFORD MEMBER SIGNATURES - 16 - APPENDIX 1 – Persons in Public Life Pinard, Beverly Charles, Hubert Lambert, Edward Casimir, Desmond Catin, Raphael Andre, Lennard Belfield, Phoenix Bellot, Claudia Burton, Gerald Charles, Martin Charles, Rose-Ann Clarendon, Hannah Dublin, Damian Felix -Evans, Heather Fevrier, Willie Francis, Titus Hill, Louis Patrick Jacob, Jean John, Anthony John, Clem Joseph, Anthony Lambert, Ian Mills, Roosey Moses, Paul Munroe, Ian Roberts, Carlyn Savarin, Oswald Thomas, John Felix Titre, Marynese Walter, Marah Williams, Eliud Williams, Sonia Winston, Curtiss Roberts, Auriel Francis, Dexter Kase, Justin Lambert, Bernadette Accountant General Advisor - Minister for Foreign Affairs Advisor - to the Prime Minister Assistant Superintendent of Prisons (Ag.)
Assistant Superintendent of Prisons (Past) Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution Chairperson of a public institution (Past) Chairperson of a public institution (Past) Chairperson of a public institution (Past) - 17 - St. Luce, Dr. Spencer Dupuis, Josiah Carbon, Daniel Carr, Cecilia Deschamps, Roderick Williams, Irving Brumant, Ricky Lawrence, Raymond Fontaine, Melena Anthony, Ian-Michael La Rocque, Steven Carbon, Ferdinia Thomas, Tassie Scotland, Anthony Sebastien, Riviere Burton, Minchinton Johnson, Dr. David Rolle, Kelvin Scotland-Andrew, Mayna Thomas, Ezra James, Daniel Royer, Roland Lancelot, Emile Henderson, Edward Jarvis, Martha Lestrade Marcus Thomas, Bennette Walter, Mathan Magloire-Akpa, Sonia Lestrade, Claudius Esprit, Dr. Laura Paul, Kyra Dr. Stephenson, Alexander Bannis, Jacinta Bryan, Clayton Toussaint, Glenroy Fontaine, John Blanc, Dr. Ruby Pascal, Fitzroy Blackmoore, Donille Chairperson of a public institution (Past) Chief Fire Officer Chief of Police Chief Personnel Officer Comptroller of Customs Comptroller of Inland Revenue CTO – Chief Agricultural Officer CTO – Chief Cultural Officer CTO – Chief Education Officer (Ag.)
CTO – Chief Elections Officer CTO – Chief Elections Officer (Past) CTO – Chief Environ.

Health (Ag.)

(Past) CTO – Chief Environ.

Health Officer (Ag.)

CTO – Chief Environmental Health CTO – Chief Fisheries Officer CTO – Chief Forestry Officer CTO – Chief Medical Officer CTO – Chief Physical Planner (Past) CTO – Chief Protocol (Past) CTO – Chief Protocol Officer (Ag.)

CTO - Clerk of the House of Assembly CTO – CTO/Ministry of Tourism CTO – CTO/Public Works (Ag.)
(Past) CTO – CTO/Tourism (Past) CTO - Director Drug Prevent Unit CTO – Director of Lands & Surveys CTO – Director of Telecomms.

CTO – Director of Trade CTO – Director of Trade (Past) CTO – Director, FSU CTO – Director, Primary Health Care (Ag.)

CTO – Director, Women’s Bureau (Ag.)


(Past) CTO – ED, Small Business Development CTO – Head, Drug Prevention Unit (Past) CTO – Hospital Services Director CTO – Local Gov’t Commissioner CTO – Local Gov’t Commissioner (Past) CTO – Medical Director CTO – National Disaster Coordinator CTO – President’s Secretary - 18 - Davis, John David Ferrol, Eleanor Riviere, Farley Magloire, Irving Irish, Roderick Casimir, Rochelle CTO – Sec.

Public/Police Ser.

Comm.


Deputy Chief Fire Officer Deputy Comptroller Inland Revenue Deputy Comptroller of Customs Deputy Comptroller of Inland Revenue Deputy Comptroller of Inland Revenue (Past) Deputy Labour Commissioner Mendes, Eric Deputy of Chief of Police (Past) Jno.

Baptiste, Hobbes Deputy Registrar of the High Court Sebastien, Nuriyah Director of Audit Jno.
Ville, Maylina Financial Secretary Edwards, Rosemund Gazetted Police Officer Corbette, Lincoln Gazetted Police Officer Cuffy, Matthew Gazetted Police Officer Ferrol, McKelson Gazetted Police Officer Laurent, Robertson Gazetted Police Officer Mills, Cleville Gazetted Police Officer Valentine, Richmond Gazetted Police Officer Valerie, Davidson Gazetted Police Officer Weekes, Claude Gazetted Police Officer Williams, Cuffy Gazetted Police Officer Williams, Joseph Gazetted Police Officer (Ag.)
Edwards, Leana Gazetted Police Officer (Past) Alexander, Yvonne Gazetted Police Officer (Past) David, John A. C. General Manager of a public institution Bardouille, Benoit General Manager of a public institution Edwards, Ellingworth Ettinoffe, Bernard General Manager of a public institution Jean-Jacques-Thomas, Janice General Manager of a public institution General Manager of a public institution John-Rose, Mathilda General Manager of a public institution Joseph, Cecil General Manager of a public institution Mitchel, Florian General Manager of a public institution Thomas, Gregoire General Manager of a public institution (Past) General Manager of a public institution (Past) Labour Commissioner Managing Director institution Managing Director institution Managing Director institution Member of the House of Assembly Leblanc, Mathew Paul, McDowill Corbette, Julius John, Steve Dr. Baptiste, Isaac Joseph, Rhoda Piper, Colin public public public of of of a a a - 19 - Bazil, Ezekiel Benoit, Jahaisiah Charles, Denise Francis, Joshua Isaac, Joseph John, Hector Linton, Lennox Lugay, Daniel Registe, Edward Thomas, Felix Hayden Williams, Monel Peter, Levi Fontaine, Thompson Austrie, Reginald Baron, Francine Blanchard, Miriam Charles, Justina Daniel, Catherine Darroux, Casius Darroux, Kelver Darroux, Kenneth Douglas, Ian Drigo, Johnson Paul, Roslyn St. Jean, Petter Tonge, Robert Skerrit, Roosevelt Blackmoore, Rayburn McIntyre, Colin Stephenson, Ivor Burton, Sylvanie Commodore, Jo-anne Fagan, Mandra Joseph, Gloria Prevost, Careen Royer, Helen Thomas, Esther Lestrade-Wyke, Letticia Edwards, Denise Baron-George, Yvanette Guiste, Harold Hyacinth, Chandler Thomas, Dr. Reginald Blackmoore, Lucien Jean Jacques, Gerald Member of the House of Assembly Member of the House of Assembly Member of the House of Assembly Member of the House of Assembly Member of the House of Assembly Member of the House of Assembly Member of the House of Assembly Member of the House of Assembly Member of the House of Assembly Member of the House of Assembly Member of the House of Assembly Member of the House of Assembly - AG Member of the House of Assembly (Past) Minister of Government Minister of Government Minister of Government Minister of Government Minister of Government Minister of Government Minister of Government Minister of Government Minister of Government Minister of Government Minister of Government Minister of Government Minister of Government Minister of Government - PM Minster of Government Minster of Government Parliamentary Secretary Permanent Secretary Permanent Secretary Permanent Secretary Permanent Secretary Permanent Secretary Permanent Secretary Permanent Secretary Permanent Secretary Permanent Secretary (Ag) Permanent Secretary (Ag.)


Permanent Secretary (Ag.)

Permanent Secretary (Ag.)
Permanent Secretary (Past) Permanent Secretary (Past) - 20 - Johnson, Kendall Letang, Davis Walsh, Ossie Ferrol, Steve Boyd-Knights, Alix Blanc, Denis Jean Jacques, Kenrick Permanent Secretary (Past) Permanent Secretary (Past) Registrar of the High Court Secretary to the Cabinet Speaker of the House of Assembly Superintendent of Prisons Superintendent of Prisons APPENDIX 2: COUNTRY REPORT CONFERENCE OF THE COMMONWEALTH CARIBBEAN ASSOCIATION OF INTEGRITY COMMISSIONS AND ANTI-CORRUPTION AGENCIES CAYMAN ISLANDS, JUNE 3 – 7, 2019 INTRODUCTION The newly appointed Integrity Commission of Dominica, under the Chairmanship of Stephenson Hyacinth is pleased to participate at another CCAICACB Conference.
We extend very best wishes to all members of Integrity Commissions and other Anti- Corruption Bodies in the Commonwealth Caribbean for a fruitful conference and for the further deepening of the relationship among our organizations.

We are grateful for the continued financial and technical support of the Commonwealth Secretariat and for the leadership of Dr. Roger Koranteng.

BACKGROUND The Integrity in Public Life Act was passed in Dominica in 2003; the Commission became operational in September 2008.
The Act of 2003 was amended in 2015.

The main effect of the amendment was the dissolution of the former seven-member Commission, chaired by Julian Johnson from inception to 2015 and the reconstitution of the Commission as a three-member body, chaired by Dermot Southwell.

THE COMMISSION On July 25, 2018, Chairman Dermot Southwell passed away after a period of illness.

His passing left two members on the Commission.


Section 10(2) of the Act (amended) states that a quorum of the Commission is two; section 10(3) states that the proceedings of the Commission shall not be affected by any vacancy amongst the members or by any defect in the appointment of any member.

That scenario was similar to the situation in 2016, when the failure of the Leader of the Opposition to nominate a third member to the Commission left it with two members.
In the earlier case, the Commission met and operated normally.

In the latter case, the Commission never met since neither of two remaining members was the Chairman.
The Commission currently comprises three members who were appointed April and May 2019 by His Excellency the President in accordance with the Act: - 21 - Chairman Stephenson Hyacinth (nominated by the Prime Minister, after consultation with the Leader of the Opposition); Commissioner Thomas Holmes (nominated by the Prime Minister) Commissioner Cara Shillingford (nominated by the leader of the Opposition).
It is very instructive that the appointment and subsequent operation of the Commission is so heavily dependent on the political machinery that exists ACTIVITIES OF THE COMMISSION July 2018 to May 2019 The period was the aftermath of the passage of Hurricane Maria.

Very few activities were completed, given an island nation in the midst of reconstruction.
The Commission sought to meet with the Director of Public Prosecutions (DPP) to discuss the backlog of reports to her regarding persons who had failed to file.

The DPP’s office was heavily impacted resulting in the loss of files, among other things, and that meeting never took place.

The Commission was of the view that the successful youth education programme themed ‘Success without Integrity is Failure’ for secondary school students which was launched in 2016, could recommence in 2018.
Alas this was not to be, since, schools were still operating on shift systems and the Commission’s office was in need of repair (more work still to be done).

The list of persons in public life, over whom the Commission has jurisdiction, is dynamic and constantly changing.

Persons in public life are to continue to file for TWO years following the demission of office of persons in public life and any person acting in the office of ppl for six months continuously becomes a ppl.
The numbers for the past few years are as follows: - 22 - The functions of the Commission, according to the Act, are to: “(a) receive, examine and retain all declarations filed with it under this Act; (b) make such enquiries as it considers necessary in order to verify or determine the accuracy of any declarations filed under this Act; (c) without prejudice to the provisions of any other enactment, inquire into any allegation of bribery or act of corruption under this Act; (d) receive and investigate complaints regarding non-compliance with any provision of this Act; and (e) perform such other functions as is required under this Act.” Regarding the first function, “(a) receive, examine and retain all declarations filed with it under this Act, each year, each person in public lifemakes declaration no later than March 31st of the following year.
To facilitate the process, the Secretariat sends out, every January, Form 2, Guidelines for filling out Form 2 and a Calendar with informational highlights.

Production of the 2018 Calendar was frustrated; the 2019 Calendar one, also themed: ‘Success without integrity is failure’ was sent to all persons in public life.

It highlights aspects of the legislation and instructs persons in public life.

The Calendar is also sent to all secondary schools and the State College.
The examination of declarations is done with the ‘Adagio’ accounting software.

Adagio produces a balance sheet for each person in public life.

A comparative analysis provides the basis for clearance or for the issuance of a query.

At the end of the process, compliance is gauged.

The process for financial declarations as shown below was effectively on hold from step 3.

Functions (c) and (d) remain very troubling ones.

The burden of proof in these 1.

2.

3.

Declare Analysis Review 4.

Report to IC 5.


Decisio n and Action matters is the responsibility of the complainant.

Section 32 of the Act gives the ‘complainee’ the right to institute legal proceedings against him (the complainant) if the Commission rejects the complaint that he brought.

Another matter that the Commission started to address was the Falling Rate of Compliance as illustrated in the following figure.
The Commission held a working session to diagnose the issue and to brainstorm solutions.

The outreach to ppl was heightened, and the Commission seriously advertised its new power (under the Amendment Act) to “extend the period in which a declaration may be filed”.

- 23 - RATE OF COMPLIANCE RE FINANCIAL DISCLOSURE 90.97 Percentage compliance 86.62 84.30 83.25 80.20 2012 2013 2014 2015 2016 Fig.

1 Compliance with the Act, Calendar years 2012 to 2016 (Table & Graph) In 2017, Compliance rose to 85%.
From May 2019 The two remaining members on the Commission ended their terms of office in February 2015 and the Secretariat continued to petition the Offices of President and Prime Minister for the appointment of a Commission to validate the work of the Secretariat.

CONCLUSION The Commission has already laid the framework for an engaging and active stint in office.

This is a prayer for better times for our organizations, countries and people.

INTEGRITY COMMISSION OF DOMINICA - 24 -