(b) All governing bodies shall develop procedures in order to promptly comply with the ten (10)
days requirement. The person requesting access to public records shall bear the reasonable cost
associated with the production.
Section 10. Penalties; Remedies.
(a) Any person who seeks the disclosure of public records or government documents, or is
wrongfully denied access to a meeting of a governing body may undertake any legal action necessary
for the purpose of stopping violations or preventing threatened violations of this Act by members of
a governing body.
(b) Each member of a governing body who attends a meeting of a governing body where action is
taken in violation of any provision of this Act, with knowledge of the fact that the meeting is in
violation thereof, shall be subject to personal liability in the form of a civil penalty in the amount of
five hundred dollars ($500) for the first offense and one thousand dollars ($1,000) for all subsequent
offenses. The civil penalty shall be assessed by a judge of the Palau Supreme Court in a successful
action to enforce this Act. A violation of this Act shall not constitute a criminal offense and the
assessment of this civil penalty shall not give rise to any disability or legal disadvantage based upon
conviction of a criminal offense.
(c) Any person responsible for the failure to timely disclose a public record shall be jointly and
severally personally liable in the form of a civil penalty in the amount of five hundred dollars ($500)
for the first offense and one thousand dollars ($1,000) for all subsequent offenses. The civil penalty
shall be assessed by a judge of the Palau Supreme Court in a successful action to enforce this Act. A
violation of this Act shall not constitute a criminal offense and the assessment of the civil penalty
shall not give rise to any disability or legal disadvantage based upon conviction of a criminal offense.
(d) Any person who prevails against a governing body in any action in the Palau Supreme Court to
enforce a violation of this Act shall be awarded all costs, including reasonable attorney fees, incurred
in connection with such legal action.
(e) Any governing body that prevails in defense of a civil action for a violation of this Act may be
awarded reasonable expenses and attorney fees if the Palau Supreme Court also finds that the
commencement of such civil action was frivolous and advanced without reasonable cause.
Section 11. Severability.
If any provision of this Act is found to be invalid or unconstitutional by a court of competent
jurisdiction, then the offending part or portions may be severed from the rest of the bill and the
remaining parts or portions shall continue in full force and effect.
Section 12. Effective date.
This Act shall take effect upon its approval by the President of the Republic of Palau, or upon its
becoming law without such approval.
PASSED: July 10, 2014
Approved this _23rd____ day of _____July_________, 2014
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