“We must believe that it is the darkest before the dawn of a beautiful new world.

 We will see it when we believe it.”
– Saul Alinsky

 

Dear people of the Commonwealth,

 

A great yearning has begun to take root in our community. 

 

More than just a dark frustration with tired old-school politics and bad governance, it is a deepening and positive desire for open, responsive, and accountable government.  More than just a cynical determination to vote out leaders who represent little more than the status quo, it is a hopeful searching for fresh and honest candidates who are worth voting for, who would represent the best interests and aspirations of all the people of the Commonwealth, and who would place the public good over personal interests.  More than just a weary recognition of the insanity of doing the same thing over and over again and expecting a different result, it is an unflinching faith in the tremendous potential of our islands and our people, and a belief that we can learn from our mistakes and change our course for the better.

 

This great yearning is the energy behind a brave and expanding vision for change that is shared by many in the Commonwealth, but not yet fully articulated and not yet accompanied by a plan of action. 

 

Most of us know the challenges and the opportunities facing the Commonwealth.  We live them every day. And in the last few years, in letters to the editor, public forums, blogs, workplaces, coffee shops, homes, classrooms, and social gatherings, we have collectively done an excellent job of diagnosing the ills of our community, celebrating the wonderful qualities that still exist, and imagining how life could be better here. 

 

Our task now is to get organized, and to articulate, out of the conversations already taking place throughout our community, a cohesive vision of what we want the Commonwealth to be, to define our roles and strategies in bringing that vision to life, and to act according to that plan.      

 

This letter is an open call for all concerned citizens of the Commonwealth to come together in sunrise meetings between February 25 and March 25, 2009.  Sunrise meetings are simply gatherings of people who believe that life in the Commonwealth can and should be better than what it is, and who are committed to making it so.  Anyone can host a sunrise meeting, and may invite anyone to participate.  Sunrise meetings can be held at any time and place of the group’s choosing.  The groups can be as large or as small as people want them to be, and they can focus on one issue or many.      

 

Here are some suggested questions to guide our sunrise meetings:

  

  

1. What should the role of government be in the Commonwealth?

 

1. What are the most important opportunities facing the Commonwealth, and what should be done to maximize them?  What are the most important challenges facing the Commonwealth, and what should be done to resolve them?

 

1. What specific government reforms should be prioritized for enactment?

 

1. To most effectively bring about needed changes in government, should concerned citizens of the Commonwealth focus on: a) organizing a coalition of candidates and supporters behind a common platform; b) organizing a new political party; c) joining and/or reorganizing an existing political party; or d) taking up another course of action?  Please explain.

 

1. What core principles and values should guide the government of the Commonwealth?

 

1. What should life in the Commonwealth be like five years from today?  Ten years from today?

 

1. What are the names of individuals we would like to see in public office?  Please specify the public office, and describe the strengths and potential weaknesses of these individuals.

Sunrise groups are invited to answer as many questions as they would like, and to add questions of their own for discussion. 

 

Between February 25 and March 25, I will be hosting sunrise meetings on Monday, Wednesday, and Friday mornings.  Individuals who would like to sign up for one of these sunrise meetings can reach me by phone at 285-3935, or by email at tinasablan@gmail.com .  Individuals who would like to host sunrise meetings of their own may do so, of course, at any time, and are asked to submit the notes from their meetings no later than March 31, 2009. 

 

Notes from sunrise meetings should include the names and contact information for all participants; the question(s) discussed; the answers the group arrived at; and any other issues, ideas, or comments.  Notes may be submitted to me by:

 

1.  
   • Email: tinasablan@gmail.com ; or
   • Mail: PO Box 500994 · Saipan, MP 96950.

 

These notes will be compiled to develop a long-term vision for our community, to identify promising and viable candidates for public office who share that vision, and to begin mobilizing the resources and support that will be necessary to advance a new movement for good governance in the Commonwealth.  The vision and plan of action that emerge from our sunrise meetings will be presented at a public forum in April.   

 

These are, to be sure, trying times for us all.  But they are not impossible.  The challenges we face in the Commonwealth are serious and real, but they are not insurmountable.  Our hardships are many, but they teach us much about who we are, and how we need to change. 

 

And change indeed has already begun.  At long last we are coming to realize our power as citizens to take back our government, to replace elected leaders who do not represent our best interests or our values, and to determine the direction of our own development as a community.  The old political parties and powerful family dynasties that once maintained a stranglehold on local politics are now giving way under the scrutiny and discontent of an increasingly free-thinking and free-speaking electorate.  Public discourse has never been more vigorous.  Many of us are ready now to be part of a movement for change in the Commonwealth, and ready to organize our power and resources more effectively.    

 

The sunrise meetings over the course of the next few weeks represent only the beginning of a movement for change.  The direction and sustainability of that movement depend on us.  What is our vision for the Commonwealth?  How can each of us be the change we wish to see in our community?  And how committed are we to fighting the good fight, now and in the years to come?  The answers lie with us.  Change begins with us. 

 

To sign up for a sunrise meeting, or to find out more about how to host one of your own, please contact me at 285-3935, or by email at tinasablan@gmail.com .

Download now or preview on posterous

Sunrise Letter — Call to Action.pdf (32 KB)

 

Sincerely,

 

Tina Sablan

Posted via email from Tina Sablan

Posted via email from Tina Sablan

The following meetings will be held this week:

1) Joint meeting with House Commerce & Tourism Committee and Senate Resources, Economic Development & Programs Committee on Tuesday, February 10 @ 2:00pm in the House Chamber  — to receive a presentation from the Commonwealth Development Authority on loans, foreclosures, qualifying certificates, and other programs.  For more information, contact the office of Rep. Joseph Reyes at 664-8836.

2) 2009 CNMI Agricultural Summit on February 11, 8:30am – 4:30pm & February 12, 8:30am – 12:00pm at Saipan World Resort.  Registration starts at 7:30am on both days.  The summit is sponsored by the Farmer Support Group, in collaboration with Northern Marianas College CREES, Department of Land and Natural Resources, and Saipan Municipal Council.  For more information, contact Ms. Carol Hosono at NMC’s Community Development Institute at 234-5498, x. 1010 or email carolynh@nmcnet.edu .

3) House Ways and Means Committee Meeting, Thursday, February 12, @ 2:00pm in the Speaker’s Conference Room — to discuss pending legislation that has been referred to the committee.

4) Joint public hearing with Senate Committee on Resources, Economic Development & Programs and House Committee on Natural Resources on Thursday, February 12, @ 6:00pm in the Tinian Superior Court  — to receive testimony on the Neo Goldwings Paradise public land lease proposal.  Witnesses summoned include Secretary of Public Lands John del Rosario, Neo Goldwings Paradise representatives, Tinian Mayor Jose San Nicolas, Tinian Municipal Council Chair Antonio Borja, and Tinian Gaming Commission Chair Francisco Borja.    Members of the general public are also encouraged to submit oral or written testimony.  For more information, contact the offices of either Senator Jude Hofschneider (664-8922 or senaorjuhofschneider@yahoo.com ) or Representative Ray Tebuteb (664-8983 or rtebuteb@yahoo.com ).

5) House Commerce & Tourism Committee meeting on Tuesday, February 17 @ 10am in the House Chamber  — to receive a presentation from the Northern Marianas Housing Corporation on loans, foreclosures, and other programs. 

6) Public hearings on House Legislative Initiative 16-18 –to amend Article XI of the Constitution to authorize the Dept of Public Lands to reserve 20% of its operational expenses to pay and satisfy land compensation claims:

• February 24, 6:00pm – Tinian Court House, Tinian
• February 26, 6:00pm — Rota Court House, Rota
• March 3, 6:30pm — GTC Elementary School, San Roque
• March 4, 6:30pm — Kagman Community Center, Kagman
• March 5, 6:30pm — Multipurpose Center, Susupe 

For more information, contact the office of Rep. Ray Tebuteb at 664-8983 or rtebuteb@yahoo.com .

7) Public comment period on the Dept of the Navy’s Draft Environmental Impact Statement/Overseas Environmental Impact Statement for the military Mariana Islands Range Complex — Public hearings are scheduled in the CNMI on the following days:

• Monday, February 23 @ the Multipurpose Center in Susupe, Saipan, beginning at 7pm;
• Tuesday, February 24 @ Tinian Elementary School Cafeteria, San Jose Village, Tinian, beginning at 7pm;
• With an open-house information session beginning at 5pm on both days. 

Written comments may also be submitted to the following address:

Mariana Islands Range Complex EIS

258 Makalapa Drive, Suite 100

Attn: EV2

Pearl Harbor, Hawaii

96860-3134

Fax: (808) 474-5419

Email: marianas.tap.eis@navy.mil

All comments must be postmarked or received by March 16, 2009 to become part of the official record.  For more information, visit www.marianasrangecomplexeis.com  

Finally, although the session call has not yet been officially transmitted, the House is likely to have a session this week Friday, February 13.  A key agenda item will be the Governor’s veto of the budget bill.  We expect to officially receive his veto message today.   

Thanks very much and have a good week,

Tina Sablan

This is to announce that the House will be having a session today, Thursday, October 23 @ 1:30pm in the House Chamber.  CLICK HERE for the draft agenda.  We are likely to take up the Senate’s budget version for FY 2009.  Click here for the Senate’s budget proposal, and click here for the Senate Fiscal Affairs committee report.

Also, the Senate Committee on Resources, Economic Development, and Programs has rescheduled to November 13, 2008 @ 10am in the Senate Chamber.  Public Lands Secretary John Del Rosario and Assistant Attorney General Brad Huesman have been summoned as witnesses.
 
Finally, the Saipan and Northern Islands Legislative Delegation will be having a session on November 12, 2008 in the House Chamber.  There is no agenda available yet, but we are likely to take up proposed amendments to the Saipan Zoning Law.  For more information, contact SNILD Chairman Rep. Ramon Tebuteb at 664-8983.

There will be a Special Session of the House tomorrow, Tuesday, June 17 @ 9:30am in the House Chamber.

Click here for agenda.

Also, tomorrow evening starting at 6pm there will be a community forum at the Multipurpose Center in Susupe to discuss proposed short-term and long-term solutions for the CNMI’s utilities crisis, and ways that concerned ratepayers can become better organized and more actively involved in the effort to realize efficient, reliable, and affordable utility services in the islands.  The forum is free and open to the public.  Carpooling is encouraged.   

The following House Standing Committees have rescheduled public hearings this week and next:

1.  Judiciary & Governmental Operations (on the Constitutional Convention; 6 legislative initiatives; and HB 16-38 Civil Service Act and HB 16-86 Resident Foreign National Act — rescheduled for Tinian and Rota)

2.  Ways and Means Budget Hearings (Tinian and Rota)

3.  Health, Education, & Welfare (on HB 16-09 Commonwealth Healthcare Corporation Act; and HB 16-47 Smoke Free Air Act)

The rescheduled JGO and Ways and Means hearing notices are attached in this email.  Please note, the most recently-announced schedule for the JGO hearings on Saipan is the same: June 10, 11, & 12 @ 6pm in the House Chamber.  That notice is also attached in this email.   

The rescheduled HEW hearing notices will be attached in the next email.

For more information or to obtain copies of bills, please contact the following offices:

• Office of Rep. Rosemond Santos (JGO Chair) — 664-8965

• Office of Rep. Ray Yumul (W&M Chair) — 664-8841

• Office of Rep. Ralph Torres (HEW Chair) — 664-8901

JGO Public Hearing Notice_Tinian.doc
JGO Public Hearing Rescheduled Notice_Rota
JGO Saipan Reschedule_of_Public_Hearing_Notice
W&M.Tinian.Rota Budget Hearings

 This is to announce the following legislative meetings/hearings:
 

1. WAYS AND MEANS BUDGET HEARINGS
   • Monday, May 19 — Public School System @ 9am, followed by the Northern Islands Mayor’s Office, in the House Chamber
   • Wednesday, May 21 –  Judiciary @ 2:30pm, in the House Chamber
   • Tuesday, May 27 — all-day budget hearings on Tinian @ Tinian Mayor’s Office
   • Wednesday, May 28 — Northern Marianas College @ 1:30pm, House Chamber
2. HEALTH, EDUCATION & WELFARE PUBLIC HEARING ON HOSPITAL CORPORATION BILL (HB 16-9, HS1)
   • Tuesday, May 20 — @ 2pm in the House Chamber and @ 6:30pm in the Multipurpose Center.  For more information contact HEW Chair Ralph Torres’s office at 664-8923.
3. PRESS CONFERENCE
   • Monday, May 19, from 10am-11am in my office to discuss highlights of last week’s session — the House resolution objecting to the Governor’s executive orders placing CPA in a state of emergency; HB 16-2 to reapportion poker license fees, referred to committee; HB 16-92, to authorize 24-hour sale of alcohol in the airport passed on first and final reading

Also — volunteers circulating the Open Government Act petitions for signatures are asked to submit their petitions to me by Saturday, May 31.   The petitions can be dropped off to me at my office, or I can arrange to pick them up.  Please call me at 483-3935 to make arrangements. 

Below are the notes from last week’s first quarterly public forum on the State of the Legislature.  Topics focused on CUC and reforming the Legislature.  If you attended the forum, please let me know if I have missed or misstated anything.  My thanks to all who helped organize the forum, and all who were able to participate. 
 
Also, if anyone would like to help collect signatures for the petition to apply the Open Government Act to the Legislature, please let me know.  You don’t have to be a registered voter of the CNMI to collect signatures, but you do have to be a currently registered voter for your signature to count (if you voted in the last election, you are current).  Petitions will be collected and submitted at the end of this month. 
 
Please feel free to share this email with others.  For comments or questions, I can be reached at 483-3935, 664-8931, or by email at tinasablan@gmail.com .

STATE OF THE LEGISLATURE PUBLIC FORUM #1

May 7, 2008 
 

Venue: Multipurpose Center (Annex), Susupe

Time: 6pm-8pm

# of people: approximately 60

Format: Ground rules governing the forum were established and agreed upon.  Two binders containing status reports of legislation introduced in the House and Senate; attendance records; voting records; and contact information for all members of the legislature were circulated, and participants interested in obtaining electronic copies of these records signed up for them.  Discussion began on the general purpose of the forums, and moved to specific topics: 1) CUC and the Commonwealth’s energy crisis; and 2) Reforming the Legislature.   Tina Sablan facilitated the discussion and took notes.       
 

GROUND RULES

• Everyone has a right to speak.
• Put the Commonwealth first. 
• Come to the forums as a member of the community. 
• Be honest and direct.
• Be respectful and professional, and stick to the issues.
• Assume nothing, question everything.
• Respect time limits (set at three minutes per person for this forum)
• Expect, and welcome, criticism.

PURPOSE OF THE FORUMS

• To provide on-going updates on a quarterly basis of activities within the Legislature;
• To share information and insights on the legislative process;
• To promote dialogue in the community on key issues facing the Commonwealth, and identify solutions.  Information and insights gathered during the forums will be transmitted to the media and to elected officials. 

CUC & THE ENERGY CRISIS 

1.  Updates were provided on:

• House Bill 16-77, the “CUC Private Sector Partnership Act of 2008,” which would establish guidelines for various models of public-private sector partnership, including performance management contracts, full privatization, Build-Operate-Transfer contracts, etc.  The bill still sits in the House PUTC Committee; no public hearings have been scheduled yet.  Public pressure and support for the bill can help get the bill moving through the legislature. 

• Long-term energy planning initiative by Saipan delegation PUTC committee – meetings scheduled with USEPA and other local government officials the week of May 12 to identify funding and technical assistance needs to develop a long-term energy plan.
• PL 16-2, which gives the governor unlimited reprogramming authority, provides funding for fuel and for the General Fund from certain earmarked funds (i.e., the Solid Waste Revolving Fund and others), Retirement Fund, CUC customer security deposits, increased banking taxes, and doubled government fees, etc. The new law also allows for the Public Utilities Commission to do business with a “quorum” of one.

2.  Recent calls have been made to convene a CNMI Energy Summit to engage the leaders of the Commonwealth and the community in urgently-needed short-term, medium-term, and long-term energy planning.  It was said that day-to-day crises at CUC and political bickering and electioneering within the Legislature and between the Legislature and the Administration have thus far prevented any cooperative planning efforts toward resolving the CNMI’s energy problems.  The Washington Representative, the Vice Speaker, and other House members have thus far publicly expressed support for the summit.  Technical assistance is available to the CNMI to help guide the planning process.  Widespread public support for such a summit can help persuade other leaders to come to the table. 

3.  Some forum participants asked why the federal government is not doing more to help the CNMI in its worsening utilities crisis; others asked why the Governor has not asked the federal government for more help.  It was noted that there is generally a lack of information about how federal capital improvement funds are being spent, and how they can be reprogrammed to address the CNMI’s utilities problems.  Questions also were asked about Compact Impact funds owed to the local government, and if local government officials couldn’t do more to garner funds owed by the federal government which could be directed toward utilities and other critical public services.       

5.  On leadership during this utilities crisis, and the need for citizens to get organized: Forum participants said they feel that the leaders of the Commonwealth do not truly care about the suffering of the community. Frustration was expressed about how the government is “cannibalizing” itself to pay for fuel and still the Commonwealth’s leaders seem unwilling or unable to work together to address the power crisis.  Meanwhile, the government continues to blast its air conditioning and lawmakers continue to drive luxury cars at the expense of taxpayers.   Some noted that few legislators were present at the forum and asked why.  It was said that citizens need to get more organized and begin staging demonstrations at the legislature, the governor’s office, and at the federal courthouse to call on local and federal government officials to resolve the utilities crisis.  

5.  On energy self-sufficiency:  It was said that citizens need to rely less on government and more on themselves, particularly with respect to energy self-sufficiency.  Energy was said to be the most important issue facing the community right now.  Fuel prices are likely to continue to rise, and the CNMI has an opportunity to change to become a more sustainable community.  Public Law 15-23, the Renewable Energy Act, requires CUC to implement net energy metering to allow for homeowners and businesses to install their own renewable energy devices and feed power back into the grid.  The problem is that regulations have not yet been promulgated.  It was said that net energy metering regulations should be a top priority for the new PUC. 

6.  On the Public Utilities Commission:  Concern was expressed about the Legislature’s move to pass legislation (now PL 16-2) to allow the PUC to conduct business with a quorum of one, in the event that two of the three members resign or are removed.  Participants also asked when the PUC would be moving to set utility rates and it was noted that the commissioners must be sent to rate-setting training.  Participants also asked who would be paying for this training, and expressed concerns about the additional cost to the government.   

7.  On privatization:  It was said that the CNMI government needs to stop talking about privatization and move decisively to actually do it, and do it right.  The government has a history of failed privatization attempts, and it was said that the failure to privatize has been more political than anything else (i.e., politicians are afraid of losing votes if jobs are lost; corruption and personal interests have thwarted privatization efforts in the past).  But by now the government has proven that it cannot run the utilities effectively, and consumer suffering grows.  Participants said they felt that CUC continues to be overstaffed, salary scales are completely disjointed, and incompetent management continues to plague the agency.  Taxpayers are not only subsidizing fuel, but payroll as well.   

Participants asked if the government was considering Telesource’s offer, or the proposal to introduce new and safer models of nuclear technology to the CNMI.  Although it was agreed that unsolicited proposals should be examined cautiously, it was also said that such proposals should at least be considered, and the community should be informed about how the government is handling them.     
 

REFORMING THE LEGISLATURE 

1.  On the Open Government Act initiative:  Background was given on the initiative petition to apply the Open Government Act to the Legislature.  It was during the 9^th legislature that lawmakers voted to exempt themselves from the Open Government Act; this popular initiative is an effort to restore the OGA’s applicability to the Legislature.   

Approximately 2500 signatures of registered voters were collected during the Open Government Act initiative drive last year – not enough to get on the ballot last year, but possibly enough to get on the ballot for the next general election.  The signatures were submitted to the Attorney General’s Office on May 5, and the petition has since been revived to collect additional signatures in order to ensure the initiative’s placement on the ballot.     

There is still a question about whether or not the initiative will be placed on the ballot at this year’s delegate election.  The definition of “regular general election” needs to be clarified.  If the initiative is certified, but not placed on the ballot this year, it will certainly be placed on the ballot for 2009.   

Open Government Act petitions were passed around at the end of the evening.  Volunteers were asked to collect signatures and submit by the end of the month. 

2.  House Legislative Initiative 16-7, which proposes to reduce the size of the Legislature and improve efficiency and accountability of the Legislative Bureau, was briefly discussed.  Some participants asked, how much does each legislator actually cost taxpayers?  It was said that this information should be made public, and might help to galvanize a grassroots movement for reform.  It was said that the size of government should be proportionate to its citizenry, that government is too big in the CNMI, and that the CNMI needs a part-time legislature of qualified individuals.  It was also noted that voters need more choices of candidates, since relatively few options mean that the same individuals are likely to be elected again and again.  The number of candidates for the same number of offices has steadily decreased over the years. Participants were encouraged to call or write their legislators to urge them to pass this initiative and place it on the ballot at the next election.  It was also suggested that the legislative initiative be turned into a popular initiative if the Legislature would not entertain the proposal.   

THE NEXT FORUM

The next quarterly forum will be scheduled at the end of July.  Participants suggested that the following topics be considered for discussion:  healthcare in the CNMI; crime (in particular, rising sex crimes against children); and the solvency of the Retirement Fund.  It was also suggested that public forums focused on CUC should be held on a more frequent (i.e., monthly) basis.   
 

End.

 This is to announce that there will be a public forum on the State of the Legislature on Wednesday, May 7 at the Multipurpose Center in Susupe, in the Annex, beginning at 6pm.  

This forum is the first of what will be a series of quarterly forums over the next two years.  The objectives of the State of the Legislature public forums are to provide the community with information on activities within the Legislature on an on-going basis, including bills introduced, voting records, and attendance records of members of the House and Senate; to share insights on the legislative process and how it can be improved; and to promote dialogue in the community on the issues of the day and proposed solutions.  Comments, insights, and suggestions will be solicited from forum participants, documented, publicized through various media, and transmitted to elected officials.  As with the public forums held last year, these State of the Legislature forums will be guided by ground rules.  These ground rules include:

• Everyone has the right to speak.
• Put the Commonwealth first. 
• Come to the forums as a member of the community, nothing more and nothing less. 
• Be honest and direct.
• Be respectful and professional, and stick to the issues.
• Assume nothing, question everything.
• Respect time limits.
• Expect, and welcome, criticism.

The following topics are proposed for discussion at this first public forum: 

1. Solving the Commonwealth’s energy crisis;
2. Improving transparency in the Legislature;
3. Downsizing the Legislature. 

Other topics may be added if time is available.   

The forum is free and open to the public.  For more information, I can be reached at 664-8931 or 483-3935, or by email at tinasablan@gmail.com . 

First, the House Standing Committee on Judiciary and Governmental Operations has rescheduled its meeting (originally set for last Friday, but postponed due to the House session) to today, Monday, April 28 @ 2pm in the Speaker’s Conference Room. 

Second, the Saipan delegation PUTC has rescheduled its meeting (also set for last Friday at the same time) to this Wednesday, April 30 @ 2pm in the Speaker’s Conference Room. 

Third, as a reminder, the State of the Commonwealth Address and the State of the Washington Office Report are scheduled for this Friday, May 2, at the Multipurpose Center beginning at 9am. 

Finally, the first quarterly State of the Legislature public forum has been scheduled for Wednesday, May 7 in the Multipurpose Center Annex Room, starting at 6pm.  The forum was originally scheduled for April 29 but has been pushed to the following week due to the public hearings and State of the Commonwealth preparations scheduled this week in the same venue.  I will be providing a report on the activities of the 16th Legislature this first quarter, including status tables of legislation introduced thus far and voting and attendance records of legislators in both chambers.  

This public forum will also be an opportunity for members of the community to air their concerns on the pressing issues of the day (including CUC, the economy, and the need for reducing the size and cost of government), to comment on potential solutions that are being considered within the Legislature, and to offer their own ideas.  The forum will also be an opportunity for citizens to sign up to participate in the circulation of two popular initiatives: 1) to apply the Open Government Act to the Legislature (resuming the initiative drive that began last year); and 2) to downsize the Legislature.

This is to announce that the House will resume its session today, April 25 @ 2pm in the House Chamber.  A final agenda is not available yet, but we are likely to take up HB 16-90, which proposes to provide the governor and other expenditure authorities with unlimited reprogramming powers for the remainder of Fiscal Year 2008; to suspend earmarking of certain non-General Fund revenue; to authorize CUC to use a portion of customer security deposits to pay for fuel; to lower the government employer contribution rate from 18% to 11% and use 50% of the savings for a fuel subsidy for CUC; and to raise fees for certain government services by 100%.

As a result of the session schedule, the Saipan delegation PUTC committee meeting scheduled for today at 2pm has been postponed until next week.

The Saipan and Northern Islands Delegation held a session on Monday.  We passed one resolution and two local bills:

• House Resolution 16-2:  to affirm the authority of the Saipan Zoning Board under the Saipan Zoning Code to make determinations on zoning district boundaries (Sen. Pete Reyes).
• House Local Bill 16-1, S1:  to repeal and reenact section 2(3) of Saipan Local Law 15-6 and to reappropriate lapsed funds under Saipan Local Law 14-11 (Rep. Dave Apatang)
• House Local Bill 16-2, S1:  to reappropriate $90,200 from the FY 2007 lapsed funds collected pursuant to Saipan Local Law 11-2 for the settlement of judgment in Jose Ch. Camacho v. CNMI Department of Public Works, et al.  Civil Action No. 04-0220E. (Rep. Dave Apatang)

COMMENTS

On HLR 16-2, Affirming the Authority of the Zoning Board

I voted yes to the resolution, which came after the House recently passed two resolutions asking the Zoning Board to amend the zoning plan for one lot in Kagman, and for a brewery in Capitol Hill.  The author said the resolution was written to convey to the public the message that the delegation “was not asleep” when it passed the Saipan Zoning Law in the 15th legislature.  The resolution noted that the delegation had empowered the Zoning Board to initiate and make determinations on changes in land use district boundaries, that the delegation could also amend the zoning code, that changes in land use district boundaries should be made after adequate public notice and comment in accordance with the law, and that the delegation should be informed if any changes are made. 

On the two local appropriations bills, HLB 16-1, S1, and HLB 16-2, S1

I voted no to both appropriations bills.  HLB 16-1, S1 proposed to reappropriate $70,200 from Saipan Local Law 14-30 (1 MG Steel Tank for CUC), and $20,000 from Saipan Local Law 14-23 (CUC Airport Sand Filtration System) to settle part of a land compensation claim for Mr. Jose Ch. Camacho.  The bill was a substitute, introduced on the floor, for the original HLB 16-1 which had proposed to reappropriate $324,802 from Saipan Local Law 11-2 for the same settlement of judgment.  Some members, myself included, questioned why we were going to such lengths to compensate one person, rather than seeking to fairly compensate everyone who has been waiting for years for their settlement awards.  Other members who voted no to this bill included Senator Frica Pangelinan, Representative Joseph Reyes, and Representative Edward Salas. 

HLB 16-2, S1 was also a substitute for a local bill that had originally proposed to reappropriate $38,000 from Saipan Local Law 15-16 for school supplies for Hopwood Junior High, San Antonio Elementary, Koblerville Elementary, Dandan Elementary, San  Vicente Elementary, and Saipan Southern High.  The substitute instead repealed and reenacted Section 2(3) of Saipan Local Law 15-6 to pay $200,344 for land compensation for Kannat Tabla owners; $252,000 for land compensation for Mr. Jose Ch. Camacho, $8,000 for the JROTC Army Ball, $30,000 for the Oceania Championship Games scheduled for June 2008; and $10,000 for the Saipan Fishermen’s Association.  The substitute also reappropriated funds from Saipan Local Law 14-11 to give $50,000 to the Junior Statesmen Program, and $14,924 to the Saipan Little League.  The substitute was then amended on the floor to completely scrap the appropriations for the schools; it was noted that the funds that would have gone to the schools had already been reappropriated for the beach pathway restoration. 

Saipan Local Law 15-6 had originally appropriated funds for the Kannat Tabla drainage project and for San Antonio classrooms.  The entire amount that had been appropriated for the drainage project is now gone if this bill is signed into law.  The drainage project has not started yet, and according to Precinct 5 Representative Ed Salas was in fact in need of additional funding.  Saipan Local Law 14-11 had originally appropriated funds for the Water Task Force, Precinct 3 road paving, Precinct 2 roads, and WSR Elementary School.

Neither bill had been referred to the Ways and Means Committee for review.  It wasn’t clear if the funds were in fact available.  It wasn’t clear what the status was of the projects from which we were reappropriating funds. It wasn’t clear if reappropriating funds that that had been set aside as a local match for the federally funded CUC tank and sand filtration system would threaten those projects in any way.  I asked for documents to verify that reappropriating these local matching funds would not jeopardize the federal projects, but there were none.  I requested that the first bill be sent to the Ways and Means committee, but that request was not entertained.  I would have requested committee referral for the second bill as well, but there was a rush to pass that bill too and debate was ended early even while members had their hands raised, which I noted in my brief comments on the floor before I voted no. 

Shortly after the delegation passed these two extremely irresponsible appropriations bills, we received a briefing from the President of the Northern Marianas College and two members of the commission currently reviewing NMC’s efforts towards compliance with accreditation standards.  The commissioners stressed the need for NMC to operate independently and without undue political interference, and also emphasized the college’s need for fiscal stability, stating that NMC’s erratic funding over the years has contributed significantly to its accreditation troubles.     

After the presentation, I noted that the delegation had earlier passed two bills appropriating over half a million dollars — none of which went to the college or to any of our public schools.  And I asked that we do a better job in future sessions of prioritizing scarce funds.

In addition to the need for prioritization of funds is another serious issue, and that is the Legislature’s habit of constantly reprogramming funds in piecemeal appropriations bills without consulting with the agencies that stand to lose (or gain) the funds, without having fully investigated the impacts of such reappropriations on ongoing projects and public services in the appropriate committees, and without having verified whether or not the funding is even available.  As one constituent remarked to me, “How can we start or finish any projects when the money is taken away as fast as it’s given?”  Our community deserves better.

**

I welcome any comments, as always.  I can be reached at 664-8931 or 483-3935, or at this email address.

 This is to announce that there will be a House session tomorrow, Thursday, April 24, 2008 @ 1:30pm in the House chamber.  The announcement came at approximately 3:30pm today.  Click here for the draft agenda.
Not on the agenda yet, but to be prefiled and formally introduced in the session tomorrow is a bill that proposes to amend the Commonwealth Entry and Deportation Act to create a new immigration category of “Resident Foreign National.”  For a copy (unsigned) of that bill click here for review and comment.  
 

Also, on Friday, April 25, @ 10:30am in the House Chamber, the Retirement Fund will be presenting its annual actuarial report to the Legislature.

Finally, the Saipan delegation PUTC committee is also meeting on Friday, April 25 @ 2pm to discuss updates on the Saipan Energy Plan; the role of the local delegation’s PUTC  committee with respect to the immediate and urgent needs of CUC; and utilities financing proposals submitted to the Saipan delegation and referred to the committee for review.
 

The House Committee on Commerce and Tourism will be meeting on Monday, April 14 @ 1:30pm in the Speaker’s Conference Room.  The following bills will be reviewed at that meeting:

• HB 16-31:  to amend the Weapons Control Act to promote and allow resort developments offering target ranges for competitive rifle competitions and skeet shooting
• HB 16-37:  to repeal and reenact Chapter 16 of Division 5 of Title 4 of the Commonwealth Code as established by Public Law 15-55 in its entirety; to establish the offense of theft of copper
• HB 16-39:  to repeal and reenact Chapter 8, Division 5, Title 4 of the Commonwealth Code relating to mechanics’ liens
• HB 16-43: to amend Title 4 Section 50138 of the Commonwealth Code regarding the sale of cigarettes
• HB 16-48:  to amend 4 CMC Section 1503 to provide for the licensing of poker machines on a calendar year basis; to require the installation of a centralized monitoring system for all poker machines
• HB 16-52:  to permit a borrower of CDA to assign land compensation due from the Commonwealth Government to pay for balance on CDA loan.

The chair of the committee is Rep. Joseph Reyes.  His office can be reached at 664-8836 for more information.

Also, kudos to the Legislative Bureau for getting the Legislature’s website up and running!  Bills, resolutions, initiatives, and other records are available for viewing at www.cnmileg.gov.mp . The Floor Leader’s website also continues to post House bills and offer opportunity for public comment at www.camachocnmi.com .

There will be a House Ways and Means committee meeting today, Wednesday, April 9 at 10am in the Speaker’s Conference Room.  The purpose of the meeting is to discuss the Board of Education’s recent decision to shut down operations of the Public School System.  The Secretary of Finance and PSS Acting Finance Director Lori Grizzardo, are expected to attend.
 
Also the House Natural Resources Committee will be holding public hearings today, April 9, and tomorrow, April 10 on House Legislative Initiative 16-5, which proposes to amend the Constitution to allow the government to borrow money for operations.  The hearing today will be at 6:30pm in the House Chamber; the hearing tomorrow will be at 6:30pm at the Multipurpose Center.  Click here for the complete info.

Finally, community forums to explore the possibility of longer-term CNMI residence status for qualified foreign workers will be held this week and next week.  The first forum will be tonight, April 9, starting at 6pm at the Kagman Community Center.  The second forum will be tomorrow, April 10, starting at 6pm at San Vicente School.  These forums are being sponsored by Taotao Tano and various long-term foreign worker groups.  Public Hearing Notice Apr 2008

There will be a House session today, Thursday, March 12 @ 2pm in the House Chamber.  The call for session was sent out a couple of days ago, but a final agenda was not available until this morning.  CLICK HERE for the Agenda.  

Also, the following committees have scheduled meetings this week and next week thus far:

Saipan and Northern Islands Delegation, PUTC: Friday, March 14 @ 1pm, to begin developing a long-range energy plan for Saipan.  Contact myself, Tina Sablan, at 664-8931, 483-3935, or tinasablan@gmail.com for more information.

House Commerce and Tourism: Wednesday, March 19 @ 1:30pm in the Speaker’s Conference Room, to review HB 16-12 (establishing a nonimmigrant entry permit category to attract “silver club” market); and HB 16-21 to amend 4 CMC Section 0204 to cap tax benefits of qualifying certificates

Finally, Rep. Hofschneider will be at the Sabalu Market this Saturday, from 6:30am-8:30am, with an informational display of the five initiatives that he has introduced, which pertain to the downsizing of the Legislature, amendments to Article XII, and a proposal to allow the government to borrow money for operations to address the CNMI’s power crisis.  Copies of the initiatives will be made available to the public, and Rep. Hofschneider will also be conducting a survey to help assess public opinion on the proposals.  His office can be reached at 664-8830 for more information.

On Monday, March 3, six months into Fiscal Year 2008, the House deliberated on both the House Concurrent Resolution, which identified the budget resources for the year, and the draft budget bill, House Bill 16-51.  The Concurrent Resolution passed, 19-1, and so did the budget bill, 14-6.  I voted no on both the resolution and the budget bill; the other five members who voted no on the budget bill included Rep. Heinz Hofschneider, Rep. Justo Quitugua, Rep. Rosemond Santos, Rep. Ed Salas, and Rep. Edwin Aldan. 

I voted no on the Concurrent Resolution for two reasons.  First, the Resolution was incomplete and not in compliance with the requirements of the Planning and Budgeting Act.  The Act clearly states that both estimated resources and expenditures must be identified in the Concurrent Resolution; the Resolution that was passed on Monday only identified estimated resources.  It was said that identifying the budget ceiling was the equivalent of identifying the expenditures, but I disagreed.  We do not have to appropriate every penny of what we expect to earn – and in fact, it would be more fiscally responsible to appropriate less.  In any case, the Act requires that we should at least indicate estimated expenditures as well, and we did not do that in the Concurrent Resolution. 

Second, it was unclear whether or not the resources identified in the Resolution equaled the outlays established in the budget bill, which raised the question of whether or not the budget was even balanced.  The Resolution did not take into account Compact-Impact funds in the estimate of available resources.  However, the budget bill identified the use of those Compact-Impact funds in the outlays.  The bill proposed to cut the budgets for certain critical agencies (the Department of Public Health, the Department of Public Safety, the Public School System, the Northern Marianas College, the Division of Youth Services, the Department of Correction, and the Public Defender) by hundreds of thousands, and in some cases millions, of dollars, and to replenish those accounts through Compact-Impact funding.      

I was concerned that the above-mentioned critical agencies would be severely shortchanged if, for whatever reason, the Governor chose not to replenish their accounts in the amounts identified in HB 16-51.  Compact-Impact funds are considered grants to the government, and the Governor has authority to distribute those funds according to the terms of the grant agreement, and also to reprogram.  It was not at all clear to me that there would be anything binding the Governor to follow the recommendations of the House for the distribution of these funds. 

I voted no on the budget bill for several reasons, including my concerns about the funding for critical agencies, mentioned above.  Related to that, I felt that essential public services had not been properly prioritized and adequately funded.  It seemed to me that we should have ensured that at least the critical services received adequate funding, and that all remaining resources would be distributed to other agencies and programs in order of agreed-upon priorities.  That did not happen – and, of course, it did not help that we did not have all the information that we needed from the Administration in order to make rational decisions about what agencies actually needed in order to operate. 

Second, I voted no on the budget bill because it provided no relief measures whatsoever for the residents and businesses that have long been suffering under exorbitant power rates.  The original draft of the bill had proposed to subsidize fuel through funds freed up by cutting government salaries (cuts of three percent, and then seven percent, had been proposed; I had favored a proportional cut).  We knew that the CUC state of emergency that the governor had declared would be expiring soon, which meant that power rates would roll back to approximately 17 cents/kwh, in accordance with Public Law 15-94.  We also knew that implementing PL 15-94 would mean that CUC would face a serious shortfall in the millions to pay for fuel if a subsidy were not identified soon to cover the true cost of power.   

The provision to cut salaries in order to create a fuel subsidy was removed from the budget bill because some members deemed it unfair to government employees, but it was replaced with nothing to address the shortfall created by PL 15-94.  I asked about this omission on the floor, and also asked if there would then be a move to repeal the law to allow CUC to charge for the full cost of power.  Both the Speaker and Rep. Dave Apatang said that they were working on a repealer that would be prefiled later in the week.  I was glad to hear that, but it has yet to happen.   

I have always thought that it was a mistake to artificially lower the power rates through legislation, not only because funding was never identified to cover the shortfall, but also because of the effect that such political interventions have on CUC’s credit rating (which is admittedly shot anyway, but it does not need to be made worse).  Moreover, in the event of a future privatization effort, government meddling in the corporation’s ability to recover costs would raise an enormous red flag for potential legitimate bidders.   

The third reason I voted no on the budget bill was because of the effect that it would have on the Retirement Fund.  The Fund has long been treated like a cash cow by past – and present – legislators.  The government’s abysmally low financial performance rating stems largely from debts owed to the Fund.  Actuarial studies have indicated that the government’s contribution to the Retirement Fund should be approximately 36%.  The 15th legislature passed a law that required only an 18% contribution, which is less than ideal, but at least still more than the Governor’s proposal of 11%.  The 16^th House, however, proposed to allow the government to reduce contributions to the Retirement Fund by any amount in which appropriations authorized under the budget Act exceeded available funding for the fiscal year.  It was stated on the floor that this would allow the government to withhold payments to the Retirement Fund in order to avoid painful personnel cuts. If the Fund itself came up against any cash shortfall, the budget bill would allow the Fund’s Trustees to draw upon investment earnings and liquidate assets.   

Some members were uncomfortable with this provision and began to brainstorm amendments that ultimately did not make it into the bill.  These members said that they would attempt to make these amendments through separate legislation.  Until that happens, however, hemorrhaging of the Retirement Fund will continue. 

The fourth reason I voted no on the budget bill was because we did not have a remotely clear picture of the impact that this budget would have on government services and on people’s lives.  In addition to the earmarks that the Governor had proposed to suspend in his budget, the House sought to suspend the Tobacco Control Fund, the Solid Waste Revolving Fund, and the Deportation Fund, and it was not clear to me what effects these suspensions would have on critical programs dependent on those funds, such as those related to public health, the operations of the landfill, and vocational training.   

Moreover, the budget bill did not take into account actual expenditures made by the government to date, which means that it is quite likely that some agencies have already overspent, and will have to make further cuts in personnel and operations in the remaining six months of the fiscal year in order to live within their means.  If public services are threatened as a result, we have no idea how, and if more people will have to be let go, we have no idea who, or how many, or from which agencies, or when.  It is clear, however, that as a result of this budget, at least 397 people will be out of a job by the end of March, and more are likely to follow in the remaining months of the fiscal year.   

Finally, I voted no on the budget bill because I did not feel that it was ready to be passed to the Senate on First and Final Reading.  Under the House Rules, any bill that is amended more than twice on the floor should be sent back to committee, the assumption being that it is clearly not ready for passage.  However, the rules were suspended and about half a dozen amendments were made on the floor to address errors in the bill, some technical and some rather substantial.  The passage of at least two other pieces of legislation (the repeal of PL 15-94, and another one related to Retirement Fund contributions, both previously mentioned) would also be required in order address significant problems identified in the budget bill.   Although commitments were made on the floor to introduce bills related to both those subjects, there is no guarantee that those bills would actually be enacted, or how soon.  Quite a few members voted “yes, with reservations” to the bill for that reason, and trusted that their concerns would be addressed in future legislation.  I personally felt that it would be better to vote no and send the bill back to the committee and address the other concerns first, than to vote yes to a bill that is seriously flawed in its present form.     

I could not, in good conscience, endorse a budget that I am convinced is not balanced, that does not clearly prioritize essential services, that lacks any relief measures to address the power crisis, and for which I have no clear understanding of what the full impacts would be.   Moreover, I certainly could not endorse any bill with that many problems on First and Final Reading.    

I have been asked a number of times if this budget is “better” than no budget.  An irresponsible budget is as bad as no budget.   It is my hope that the Senate will scrutinize this bill with extreme care, and improve upon the budget that the House has just handed them.  Perhaps then the two chambers will finally work jointly – as we should have been doing from the beginning — to pass a more acceptable budget.    

Looking ahead now to Fiscal Year 2009: we will have learned some very hard lessons from this 2008 budget, and I hope we do not repeat history with the next budget.  The deadline for the 2009 budget proposal from the Governor is fast approaching — April 1.  We should hold him to that, and hold ourselves to a much higher standard of fiscal responsibility with the 2009 budget than we have demonstrated with the budget for 2008.      

This is to announce that the House session, which began on Friday at 9:30am and recessed at noon, will resume on Monday, March 3 at 10am in the House Chamber. 
 
The agenda for Friday’s House session (attached) was amended again on the floor.   The following items were added:
 
HOUSE BILLS

• HB 16-50:  To mandate attendance for early childhood education, to expand the age range for early childhood and adult education, and for other purposes (Rep. Ralph Torres+8)
• HB 16-51:  To make appropriations for the operations of the Government of the CNMI, its agencies, instrumentalities, and programs, and to provide budget authority for public corporations for Fiscal Year 2008.
• HB 16-52: To permit a borrower of CDA to assign land compensation due from the Commonwealth Government to pay for balance on a CDA loan (Rep. Ray Yumul + 7)
• HB 16-53:  To amend 4 CMC Section 1205 (b) to enable qualifying institutions to receive up to $10,000 in educational tax credits (Rep. Diego Benavente + 7)
• HB 16-54:  To repeal and reenact Section 2 of Public Law 14-98 to exempt the Northern Marianas College from a rate increase of the employer contribution to the Retirement Fund (Rep. Dave Apatang)

HOUSE LEGISLATIVE INITIATIVES

• H.L.I. 16-10:  To amend Article IV, Section 5 of the Constitution of the CNMI to authorize the election of the chief justice and presiding judge by a majority of the justices and judges, respectively (Rep. Ray Yumul)
• H.L.I. 16-11:  To amend Article III, Section 9(a) of the Constitution of the NMI to prohibit the withdrawal of any funds from the General Fund except by appropriations made by law (Rep. Diego Benavente)

HOUSE STANDING COMMITTEE REPORTS

• House Standing Committee Report on HB 16-1, “To amend the Commonwealth Code to take into account the Rota Casino,” was presented.  The Ways and Means Committee recommends the bill for passage.
• House Standing Committee Report on HB 16-2, “To amend Public Law 15-8 to reallocate poker license fees to each senatorial district,” was presented.  The Ways and Means Committee recommends the bill for passage.
• House Standing Committee Report on HB 16-3, “To amend 4 CMC Section 1301 to earmark Gross Receipts Taxes collected from gambling establishments in the First Senatorial District so they may be appropriated by the Legislative Delegation from the Third Senatorial District,” was presented. The Ways and Means Committee recommends the bill for passage.
• House Standing Committee Report on HB 16-7, “To include the electrical system upgrade for the Tinian Junior and Senior High School under the funding appropriated under Public Law 12-69,” was presented.   The Ways and Means Committee recommends the bill for passage.

ACTION TAKEN

• House Bill 16-51, the budget, “to make appropriations for the operations of the government of the CNMI, etc.” was placed on the calendar. 
• House Resolution 16-8, introduced by Rep. Joseph Reyes, to recognize the Borja Family of As Teo for their continued and untiring efforts in maintaining Our Lady of Santa Lourdes Shrine and hosting the annual fiesta, and to encourage the Marianas Visitors Authority Division of Parks and Recreation to provide logistical support for the operations of the site — ADOPTED
• House Joint Resolution, 16-2, introduced by Rep. Victor Hocog, respectfully requesting and urging the U.S. Congress to increase the authorization authority of Public Law No. 99-396 for payment of annual amounts of direct grant assistance for the Government of the NMI to assist the CNMI in its efforts toward economic recovery — ADOPTED
• House Standing Committee Report on HB 16-4, “A Bill for an act to amend Public Law 12-61 governing the deposit security required of funds of the CNMI Government and its various agencies, including autonomous entities”  — ADOPTED.  The bill was recommended for passage by the Commerce and Tourism Committee.
• House Standing Committee Reports on HB 16-1, 16-2, 16-3, and 16-7 (see above) were placed on the calendar. 
• Senate Joint Resolution No. 16-1, SD1, was amended to change the location of the State of the Commonwealth Address, scheduled for Friday, April 25, 2008 at 9am, from the Senate Chamber to the Multipurpose Center in Susupe.
•  Rep. Stanley Torres submitted two privileged speeches on the Northern Marianas College president, the DPS Commissioner, et al.

After the session, House members were invited to receive a presentation from Mr. Steven Potts of the USDA Graduate School, titled, “Does Fiduciary Irresponsibility Foil Economic Development?”  It was an excellent, as well as sobering, presentation, and our thanks to the Department of Interior, the USDA Graduate School, and the Office of the Public Auditor for coordinating the event.
 
Mr. Potts proposed that both economic opportunity and fiduciary responsibility are necessary conditions for economic development.  A fiduciary duty is the highest standard of care imposed at either equity or law, and government is the ultimate fiduciary in democracies.  Fiduciary irresponsibility includes corruption (i.e., bribes), unethical conduct (i.e., nepotism and steering contract source selection), financial irresponsibility (i.e., consistently spending more than we earn, failing to tie government budgets to results, inconsistent taxation practices, waste of public assets and resources), lack of accountability, failure to enforce, and failure to inform the public. 
 
Mr. Potts distinguished between “rational investors,” who invest for the long-term and require economic opportunity, foreseeable outcomes, and manageable risk, and “skimmers,” the short-term investors who take advantage of niche markets and opportunities to make a quick profit and then leave.  Rational investors do not invest for charitable or humanitarian reasons, nor do they accept unpredictable risks.  They also do not trust irresponsible governments, and seek out instead responsible, ethical governments that spend within their means, tie budgets to results, have reasonable and predictable tax burdens, limit waste and abuse, hold officials accountable, enforce the laws, and inform the public. 
 
Mr. Potts’ presentation followed another presentation, also provided by the USDA Graduate School and given earlier this week by Mr. Frank Crawford on the CNMI’s Performeter Rating — that is the rating of our financial health and performance on a scale of 1-10, 10 being the highest score, and based on data provided by our financial audits.  The CNMI scored just slightly above a 2.
 
I am hopeful that we will get to the budget on Monday — and that we will pass a responsible one, at that.   

Due to a medical emergency, the House session that was scheduled for today, Thursday, Feb. 28 @ 9am, has been moved to Friday, February 29 @ 9:30am in the House Chamber.

Just an update: 
 
In addition to budget hearings on Tuesday, February 26 at 2pm in the Senate Chamber, the Senate Committee on Fiscal Affairs has scheduled budget hearings with the Secretary of Finance, the Public Auditor, the Office of Management and Budget director, the Secretary of Commerce, and the Director of Revenue and Tax on Tuesday, February 26, at 10am, also in the Senate Chamber. 
 
Also, kudos to the Speaker of the House for recently releasing a weekly schedule for regular committee meetings; that schedule is attached in this email.  Wednesdays are left open for regular House sessions.  Committees may meet on Wednesday if no session is scheduled.

House Weekly Schedule for Regular Committee Meetings