UNITED VOICE FOR IMPROVED STATUS


















July 30, 2009

Press Release from the United Voice for Improved Status

There will be an assembly on Sunday August 09, 2009 at 3:00 p.m. at the Fishing Base in front of Kristo Rai Church to hold an audience for the visiting delegates belonging to the Committee on Natural Resources. Expected to arrive are CNMI Congressman Gregorio (Kilili) Sablan; Representative Nick Rahall, Chairman of the Committee on Natural Resources; Guam Delegate Madeleine Bordallo, Chairwoman of the Sub-Committee on Insular Affairs, Oceans & Wildlife; staffer Brian Modeste; and other respected members of the Congressional Delegation.

Various groups consisting of nonresidents and U.S. citizens, are currently working together to gather all guest workers, FAS citizens, U.S. citizen children of nonresident parents, members of the business community, CNMI permanent residents, stateless children born in the years 1974 to 1978, immediate relatives, locals and all others who sympathize with the plight of all nonresidents here in the CNMI.

The regulations for the implementation of CNMI federalization are to be published soon, and we can be heard before November 28 comes. We will request the members of the Congressional Delegation to push for the implementation of regulations that will stabilize our presence here and keep our families together. We will also ask them to support improved status for us, either in stand-alone legislation or within a comprehensive bill for national immigration reform.

Many have asked how many guest workers and other nonresident permit holders are presently in the CNMI. We can show our numbers by attending this assembly. We can also show that there are many people supporting each other for the betterment of this community!

Free transportation going to this assembly will be provided. Pick up points are in front of PIC and in front of Aqua Resort at 30 minutes intervals starting from 1:00 p.m. until 3:00 p.m.(provided by Saipan City Taxi Association). Please call 989-3306 for pick-up. Carpooling is also encouraged. Donations of drinking water will be highly appreciated.

We are asking everyone to wear white and bring umbrella during this assembly.

Please BE THERE AND BE COUNTED!

EEOC Discrimination lawsuits against L & T and affiliates settled for $1.7 million

July 29, 2009


The Equal Employment Opportunity Commission has settled four discrimination lawsuits against L&T companies. Guest workers who were victims of discrimination based on national origin, age, and pregnancy should be celebrating this victory!

Here is the EEOC press release:
PRESS RELEASE
7-28-09

LARGEST GARMENT MANUFACTURERS IN SAIPAN TO PAY $1.7 MILLION IN LANDMARK DISCRIMINATION SETTLEMENT WITH EEOC

L&T Group of Companies Charged with Numerous Types of Employment Discrimination

SAIPAN, CNMI – L&T Group of Companies, Ltd., the largest employer and conglomerate of garment manufacturers in Saipan, has agreed to pay $1.7 million and to provide far reaching and significant injunctive relief to settle a series of lawsuits filed by the U.S. Equal Employment Opportunity Commission (EEOC) that charged the company with retaliation and discrimination based on national origin, pregnancy and age, all in violation of federal law.

The three-year, court-enforced consent decree will resolve four EEOC discrimination lawsuits against the employers and their affiliates: Tan Holdings Corporation; Tan Holdings Overseas, Inc.; Concorde Garment Manufacturing Corp.; Micro Pacific, Inc.; Seasonal Inc.; and L&T International Corp. The EEOC filed the cases in U.S. District Court for the Northern Mariana Islands. The consent decrees, signed by U.S. Federal Court Judge Alex R Munson on July 28, 2009, resolve the lawsuits filed by the EEOC in the Federal District Court.

“This major settlement shows that the EEOC will vigorously protect the rights of all workers, within every reach of our jurisdiction, to be free of discrimination,” said EEOC Acting Chairman Stuart J. Ishimaru. “The resolutions of these egregious cases bring a measure of justice to the many workers who were retaliated against and otherwise victimized by discriminatory employment practices because of their national origin, age, or pregnancy.”

In the first case against L&T, Civil Case No. 06-0031, the EEOC alleged that the employer retaliated against 14 Filipino and Bangladeshi workers when it terminated them because they filed charges of discrimination with the EEOC. The allegations in the case also included that Bangladeshi security guards were being treated differently than Nepalese with respect to assignment of overtime hours, work location, and housing. Further, the EEOC said the defendants discriminated on the basis of national origin by providing different amounts of benefits to Nepalese, Chinese, Filipino and Bangladeshi employees, and failed to conduct any investigation regarding the claimants’ allegations. Within two or three months after the charge was filed with the EEOC, the defendants unlawfully retaliated against the workers by failing to renew their contracts.

In the largest case, Civil Case No. 07-0029, the EEOC charged that L&T discriminated against a class of non-Chinese workers, many of them Filipino, due to their national origin. The EEOC alleged that employees were forced to work and eat in segregated facilities, denied adequate housing and, after they complained, were all replaced by Chinese workers in violation of Title VII of the Civil Rights Act. The charging parties in this case were all are non-resident workers hired by the defendants as sewers, but they actually did the work of “packers,” who packed the clothing made by the Concorde manufacturing facility. Nearly all of the workers were hired in February and March 2004 under one-year contracts. However, after only a few months, in mid-May 2004, all the charging parties were called into a meeting with human resources officials and were told that they were being laid off because of low sales. Nearly all the terminated workers were Filipino.

The EEOC further alleged that these same charging parties were also segregated from Chinese employees during the work day and at lunch. The defendant acknowledged this segregation, saying that it “promoted a harmonious working environment,” even though it was a clear violation of federal law. The Filipino workers were forbidden to use the company cafeteria to eat their lunches, and instead had to bring their lunches to work and eat them outside. Moreover, the EEOC alleged that the defendants further discriminated against non-Chinese workers by refusing to provide them food, lodging and medical care.

Another case, Civil Case No. 08-0038, alleged that the employer discriminated against pregnant women by terminating and replacing them with non-pregnant workers. The EEOC was prepared to present evidence, had the case proceeded to trial, showing that L&T International Corporation engaged in a pattern of terminating and/or refusing to renew employment contracts of its female employees once they became pregnant. The EEOC was also prepared to present the employer’s own document, which revealed that an employee’s status for her renewal contract was “non-renewal” because she was “8 months pregnant.” Moreover, the EEOC was also prepared to show that L&T discriminated against its Filipino employees in assignment of overtime by continuing to give substantial overtime to its Chinese employees while allowing its Filipino employees little to no overtime. Defendants’ payroll records revealed that Chinese employees were receiving significantly more overtime hours per week than Filipino employees.

One of the charging parties, Adelyn Lubrico, who had been employed as a quality control checker since 2000, said, “I would like to thank the EEOC for all the effort, time, and help. I used to feel so hopeless because of my termination due to my pregnancy. Now, I feel blessed because the EEOC is fair and provided justice to me. I want people to know that you don't have to be popular to have a voice if you are a victim of discrimination.”

The fourth and final lawsuit, Civil Case No. 08-0037, alleged discrimination against a long-term employee due to age and national origin (Filipino) in violation of the Title VII and the Age Discrimination in Employment Act. The EEOC alleged that an L&T supervisor constantly subjected an employee to age-related verbal harassment, calling the claimant “old.” In addition to age-based comments, the employee also had to endure from her supervisor discriminatory comments related to her Filipino national origin. The EEOC further asserts the employee was ultimately fired based on age and national origin.

EEOC Regional Attorney Anna Y. Park of the agency’s Los Angeles District Office, which has jurisdiction over the Commonwealth of the Northern Mariana Islands, said, “Workers should not have to fear losing their job because of their national origin, age or pregnancy, and no one should fear retaliation for coming to the EEOC for help. In addition to the monetary relief secured for the victims in these cases, the employer has made a commitment to ensure equal opportunity for its workers going forward, which is buttressed by the remedial provisions of the consent decree.”

Besides the $1.7 million obtained by the EEOC, the three-year consent decree also requires the companies to institute broad injunctive relief and remedies such as:

  • Hiring of an equal opportunity consultant to train all managers and employees;
  • Extensive training for all of its non managerial, managerial, and human resources employees;
  • Enjoining the companies from discriminating or retaliating against its employees;
  • Monitoring by the EEOC and reporting to the EEOC on their progress in fulfilling the terms of the consent decree;
  • Reporting all complaints of national origin, age and pregnancy discrimination to the EEOC during the term of the decree;
  • Establishing effective policies and procedures, including a complaint procedure for handling discrimination complaints; and
  • Posting of a notice of the case at their various facilities.
Other recent EEOC settlements involving Title VII violations in and around the Commonwealth of the Northern Mariana Islands include:
* A $205,000 settlement with Rome Research Corporation resolving an EEOC lawsuit that alleged that a female employee at a government facility on Tinian operated by Rome Research was subjected to sexual assaults by her supervisor and was retaliated against after she became pregnant from the repeated sexual assaults.

* A $120,000 settlement with Rifu Apparel requiring the company to pay seven female garment workers because the company refused to renew their employment contracts due to their pregnancy. Besides the monetary relief, the four-year decree required policy revisions, training of supervisors, and monitoring by the EEOC.

* An $80,000 settlement with 99 Cents/Townhouse Stores and Yuns Corporation requiring the company to pay six former female workers for charges of sexual harassment and pregnancy discrimination. The companies agreed to a three-year consent decree and the hiring of an equal opportunity consultant to review and revise its EEO policy, review complaints, and provide management and employee training.

* A $243,000, settlement with Leo Palace Resorts in Guam to settle a case alleging that the employer ignored the sexual harassment complaints of four female employees and retaliated against them by terminating them. The terms of the settlement require a three-year consent decree, monitoring by the EEOC, hiring of an EEO Consultant to provide training, policy review and/or revisions and review of employee complaints.

The EEOC enforces federal laws prohibiting employment discrimination. The Los Angeles District's jurisdiction includes Southern and Central California, Nevada, Hawaii, Guam, American Samoa, Wake Island, and the Commonwealth of the Northern Mariana Islands. Further information about the EEOC is available on its web site at www.eeoc.gov.
The cases took years to settle. I interviewed some of the victims of the discrimination in 2007 and again in 2008.

Civil Case No. 06-0031, which concerned retaliation against 14 Filipino and Bangladeshi workers who were terminated because they filed charges of discrimination with the EEOC was settled for the amount of $210,910.00. Here are some related documents:


The other three cases were settled for $1,500,000.00:
Civil Case No. 07-0029, discrimination against Filipinos based on national origin as they were replaced with Chinese workers;
Civil Case No. 08-0037, discrimination against long-term employees due to age and national origin (Filipino) and;
Civil Case No. 08-0038, discrimination against pregnant women by terminating and replacing them with non-pregnant workers and discrimination against Filipino employees in assignment of overtime by giving substantial overtime to Chinese employees while allowing Filipino employees little to no overtime.

From the Judgment and Consent Decree:
In settlement of this lawsuit, Defendants agree to pay an aggregate sum of $1,500,000.00 (one million five hundred thousand dollars and zero cents) to fully resolve the Actions and Charges. The total amount of $1,500,000 shall be distributed as follows: a total of $500,000.00 (five hundred thousand dollars) shall be designated towards the EEOC’s claimants and charges. The EEOC shall have the sole discretion to distribute the monies as it deems appropriate to distribute to the claimants in all three Actions. The remaining $1,000,000 shall be distributed by certified check within 5 (five) business days of the effective date of this decree, made payable to plaintiffs’-in-intervention “Attorney Joe Hill, Client Trust Account”, to be distributed to the claimants represented by him
In addition to the monetary judgments, the defendants are prohibited from further discrimination and any retaliation.

The special injunctive relief ordered requiring the hiring of an EEOC consultant for an 18 month period, mandatory training of company personnel and owners, adopting and posting effective policies against discrimination and retaliation, record-keeping requirements, and other compliance-related requirements should bring awareness and prevent further violations of the federal laws. From the Consent Decree:
Defendants and the Other Corporate Entities' Owners shall appear in person at any training session required under this Decree to reiterate Defendants and the Other Corporate Entities’ national origin, sex and age discrimination policies, to reiterate Defendants and the Other Corporate Entities’ harassment policies, to affirm that unlawful discrimination and harassment shall not be tolerated, and to encourage employees who believe that they have been victims of such discrimination or harassment to utilize Defendants and the Other Corporate Entities’ complaint procedures.
I think it would be in the best interest of justice if all EEOC cases had specific deadlines for acting on complaints, although maybe this is not possible. Although some Tan affiliates are still operating in the CNMI, the offending garment factories have closed their doors.

UNITED VOICE FOR IMPROVED STATUS
















July 28, 2009


All of the guest worker groups in the CNMI have united to sponsor an assembly of all guest workers, nonresidents, their U.S. citizen children and U.S. citizen supporters who are united in their support of granting green cards and a pathway to citizenship to long-term guest workers and nonresidents.

The assembly is scheduled for August 9, 2009 at 3:00 p.m. at the Fishing Base across from the Kristo Rai Church.

The visiting congressional delegation from the U.S. House of Representatives will be meeting briefly with the assembly. CNMI Congressman Gregorio (Kilili) Sablan, Rep. Nick J. Rahall (D-WV), Chairman of the House Natural Resources Committee and staffer Brian Modeste are among the members of the delegation rumored to be meeting with officials and residents in the CNMI and Guam during the August recess.

All nonresidents of every category are encouraged to attend and bring their U.S. citizen children. Residents who support the cause are also asked to attend to show support.

More later!

CUC-Rydlyme Case: Sentencing postponed

July 27, 2009


The sentencing of Former Lt. Governor Timothy Villagomez and the Santos couple was postponed from July 28, 2009 until August 5, 2009 in an Order issued by Judge Alex Munson on July 27, 2009. The attorneys for the defendants filed a Motion to Continue Sentencing claiming that the defendants needed additional time to response to the government's Aid to Sentencing and exhibits.

The Motion to Continue states:
...counsel need additional time to prepare for the hearing, and to prepare each Defendant’s Sentencing Memorandum, because the Amended Presentence Investigation Report and Addendum to the Presentence Report, which was made available or received by counsel on July 23, 2009, contains substantial departure from the draft Presentence Investigation Report.
The motion also states that the defendants and attorneys did not receive the amended presentence report within the required time limit set by law.

The interesting documents are the Memorandum in Aid to Sentencing and the exhibits.

The Memorandum in Aid to Sentencing states that the base offense level is fourteen for Timothy Villagomez and twelve for James and Joaquina Santos. All three were public employees. Villagomez was the Lt. Governor, James Santos was Secretary of Commerce and Joaquina Santos was Personnel Manager with the Commonwealth Ports Authority. The memorandum states that while Villagomez "used his position as a public official to promote the, fraud, the same cannot be said for defendants James A. Santos and Joaquina V. Santos."

The document states that a level four increase of an elected or high-level public official applies to all three defendants:
U.S.S.G. §2C1.1(a)(1) establishes a base-level of fourteen (14) if the defendant being sentenced is a "public official", which according to the Application Notes, includes virtually all government employees who perform government functions. Meanwhile, the specific offense conduct described by the U.S.S.G. §2C1.1(b)(3) applies to schemes which involve an elected public official, or someone in a high-level decision-making or sensitive position, It thus assigns extra liability to all defendants because the scheme corrupted the uppermost echelons of government authority. Defendant Villagomez's positions as Executive Director of CUC and Lt. Governor both qualify under this standard.

To interpret Subsections (a)(1) and (b)(3) as being mutually exclusive would allow higher-placed officials to escape greater liability. Such an interpretation is not logical. It is important to note that Subsection (b)(3) raises the offense level to a minimum of eighteen (18), even if the defendant being sentenced is not himself a public official (Why include this provision if it only applies to public officials who start at level fourteen, and with the four-level increase, would arrive at level eighteen already?). This supports the interpretation that Subsection (b)(3)'s purpose is to increase liability to all defendants because their scheme involved corruption at a high level. Meanwhile, Subsection (a)(1)'s purpose is distinct. Its two-level increase is defendant-specific and holds public official to a higher standard than non-public officials.
The next section of the document relates to the measurable loss to the government from the crime. It details the Rydlyme transactions that total $407,644.92. According to the federal sentencing guidelines "for losses greater than $400,000.00, a specific offense increase of fourteen (14) levels applies." (link to exhibits)

The final paragraph states:
The Government hereby notifies the Court that at the sentencing, it will move for a final order of forfeiture pursuant to Title 18, United Stated Code Sections 981(a)(1)(C), and 982(a)(3), as well as Rule 32.2(b) of the Federal Rules of Criminal Procedure, for the following property which was either involved in the offense or was a traceable proceed of the crime:

1994 Yamaha, 31' Boat, Hull No. 0811087, Registered to Defendant Timothy P. VILLAGOMEZ under the name "Dr. V".
The Government reserved the right to make additional recommendations at the hearing.

DOL's 10th Interim Report: Hidden data and statistics

July 23, 2009


DOL Deputy Secretary Cinta Kaipat issued the 10th Interim Labor Report to the CNMI Legislature. I reviewed some of the past interim reports and concluded that they are used more to push and defend the administration's agenda then as accurate and factual reports. Past reports have contained snarky comments directed at federal officials, advocates, guest workers and CNMI legislators.

The latest report doesn't even make the effort that the past reports have made to disguise the true purpose of the report. It contains some statements that are even more ridiculous and outrageous than those in previous reports, and more excuses for not being capable of providing basic functions such as providing due process, accurate record keeping, tracking, and statistics and data.

There are also a couple of digs taken at the guest workers such as the suggestion that "if the principal objective of the worker is to remain in the Commonwealth, there is little incentive for counsel to move the case along" referring to the 51 labor cases presently in Superior Court. I would guess that the ripped off, cheated workers spent money and time hiring an attorney to file a court case because they want the thousand of dollars owed to them, not because they "want to remain in the Commonwealth."

Unable to track foreign workers
Much of the report is devoted to defending the failure of DOL and the Division of Immigration to accurately track the foreign contract workers and other nonresidents. The ridiculous statements made to defend the Department of Labor's complete failure and refusal to keep accurate, up-to-date records and statistics on actual foreign contract workers rather than transactions are insulting to anyone who has even the tiniest ability to reason and the least amount of common sense. Clearly, this entire section of the report was meant to deceive and to give credence to DOL's previous statements (also utterly ridiculous) to federal officials and Rep. Sablan who inquired about statistics.

DOL appears to consider counting transactions more important than counting actual people. Why keep track of people? That would make too much sense. There is absolutely ludicrous reasoning throughout the entire section. Here are the report's first three of eight points they outlined regarding this issue:
First, the Labor Department collects and publishes data on certain of its transactions. Those transactions are the receipt of applications (payment of fees) and the issuance of permits for applications that are accepted.
Second, the Department has always, going back to 1985, collected and published these statistics. The Department has always, going back to 1985, counted transactions, not people.
Third, population numbers (how many people) are quite different from transaction numbers (how many payments). One foreign worker may have several permit transactions in a given year. The worker’s entry permit may be renewed; the worker’s contract may be amended; the worker may be subcontracted; and so on. Our system counts each of these transactions; it does not count people.
They truly expect the public to believe that the computer can be programmed to track only transactions, but not people?

Blaming the U.S. Census
No DOL or Fitial Administration report, testimony, or statement would be complete without peppering it with some insults and blame on the U.S. This report claims that the U.S. does not publish overstayer lists and the U.S. Census is responsible for keeping CNMI immigration statistics, not DOL.

In every city, every town, every school system, every district in the mainland accurate statistics and records are kept on people. Several times a year when writing grants, I use statistics that were tabulated annually by the city, county, school district, and the Florida Department of Education. No such records are kept in the CNMI according to Kaipat.

From the report:
Sixth , the function of counting the number of people in all categories, including foreign workers, is the responsibility of the U.S. Census Bureau. Census conducts a person-by-person count every 10 years, and conducts sampling counts for various specialized purposes each year and sometimes each month or calendar quarter. This sampling work is used to keep the census numbers completely up to date. However, in the Commonwealth and other territories, Census does not do this sampling work. In the Commonwealth, for example, Census did a partial sample in 2005 and then never provided the funding to do the complete statistical analysis of the sample. So the Commonwealth is left with very old data until the next decennial census in 2010. I have attached to this report one example of the up-to-date statistics that Census provides all other places in the U.S. except the territories. As a result of the lack of attention from Census, we do not know how many U.S. citizens are residing in the Commonwealth; we do not know how many U.S. citizens left the Commonwealth and took up residence in the States last year; we do not know how many people are in the “immediate relative of a U.S. citizen” category; we do not know how many children of foreign workers we have in our public schools; and the list goes on and on. It is very difficult to govern well without the necessary data.
The U.S. Census conducts a population and housing count every ten years primarily for the purposes of determining Congressional seats, electoral votes and federal funding. They also conduct an economic census every five years and an "American Community Survey" or sampling census annually. Census figures are supplemented in most U.S. localities with other population counts for accurate data and statistical purposes. The census is not for the purposes of keeping ongoing statistics that DOL and Immigration should be maintaining to track the foreign contract workers. While I agree that the U.S. Census should apply the same sampling and data collection in the territories as in the mainland, that is not an excuse for DOL and the Division of Immigration to refuse to also collect and maintain accurate data on the population including the incoming and outgoing foreign contract workers and other nonresidents, as is done in other localities.

DOL and the Division of Immigration should be able know how many workers are present in the CNMI on any given day. We are not talking about 1,000,000 people, 500,000 people or even 20,000 people. How difficult can this be?

According to Kaipat, PSS and CNMI schools don't even register students and keep statistics on students. That is incredible! I have never heard of a school district that does not keep statistics. How does the school system get federal grants and federal funding? Seriously, it would take me only a matter of days to come up with a system to gather data and statistics on CNMI school children.

If is it "difficult to govern without the necessary data" then why not create a comprehensive system to collect the data as other municipalities do?

Lack of Funds
All of the blame for the CNMI's dysfunctional system can't be blamed on the U.S. Census, so the report blamed some on the lack of funds:
Our new automation system is efficient and cost-effective, but it does not generate a wide range of data. If we had more funding, we could provide more data. We don’t have the funding, so we cannot provide more data. The need for data simply cannot compete with the need for police services, education services, and health services in our very limited Commonwealth budget.
With an estimated $6,000 in labor fees just from the $50 renewal fee collected on some days they can't afford to update the LIDS system? I would like to see an audit of DOL. If the CNMI has $400,00 (or whatever amount) of money to spend on a lawsuit to sue the federal government, then why doesn't it have money to update the system?

Prior Claims about Effectiveness of LIIDS
According to DOL's 2008 Annual Report, the tracking system, LIIDS (Labor and Immigration Identifications System), was transferred from the Division of Immigration to DOL:
LIIDS, Transfer to Labor: The Department implemented Executive Order 2008-18 on November 1, 2008 and transferred the employees of the former LIIDS Section of the Immigration Division to the re-named LIDS (Labor Identification System) Section of the Department supervised by the Deputy Secretary.
The Saipan Tribune story states that the system was transferred to the DOL in "the interest of efficient administration":
Fitial, in an Oct. 17 executive order, transferred the CNMI's labor and immigration identification and documentation system from the Division of Immigration to the Labor Department. More commonly known as LIIDS section, the agency in charge of keeping track of guest workers in the CNMI will now be called the Employment Data Section.

Under the governor's order, the EDS will also maintain the border management system for the Division of Immigration for as long as the CNMI government is in control of local immigration functions. The border management system is an automated program that generates a record of all entries to and exits from the Commonwealth.

The governor said the transfer is done in the interest of efficient administration. He noted that the Labor Department recently upgraded its automated processing system and completed its interactive website. The new system is tightly integrated with the data collection and processing currently done by LIIDS.
It is not "efficient administration" if those in running the system cannot disseminate required data. In fact, there appears to be less valuable data coming out of the system than before it was moved.

The article continued:
“This is just internal reorganization effort. The governor believes it is more appropriate to put Labor in charge of the database, given its duties and responsibilities with respect to the foreign workers,” said press secretary Charles P. Reyes Jr.

According to the executive order, all of LIIDS' equipment and data files will be transferred to the Employment Data Section. The supervisor of the LIIDS section will remain in charge of the new agency. All LIIDS personnel who can legally transfer to the Labor Department will also remain employed in their current positions.

The executive order also calls for the transfer of the LIIDS' budget allocation to the new section. However, it says the governor reserves the authority to make personnel-related decisions.
The governor made an executive order putting DOL, (the agency that has conspired with him on the anti-federalization lawsuit), in charge of the immigration tracking system. The order also renamed the system from the Labor and Immigration Identification System, LIIDS, to the Labor Identification System, LIDS.

The executive order also states that the governor reserves the authority to "make personnel-related decisions." Does this means that the governor controls the personnel who are in charge of the data for the purpose of manipulating or withholding information?

This is not the first executive order for LIDS, formerly called LIIDS. In August 2007 Governor Fitial made a previous executive order moving control of LIIDS from the Governor's Office to the Office of the Attorney General. The Saipan Tribune reported:
In his order, Fitial transferred LIIDS to the AGO's Division of Immigration for organizational purposes. But LIIDS will continue to provide resource data to the Department of Labor.

The governor also transferred all of this office's functions relating to certificates of identity or U.S. passports to the Immigration Division.

According to the governor, the change was necessary for efficient administration.

“The existence of a multitude of offices, agencies, and instrumentalities outside of the principal departments has resulted in duplication of functions, overlaps of responsibility, lack of coordination, and other forms of inefficient administration,” he said.
Also, in August 2007 Governor Fitial testified before the House Subcommittee on Insular Affairs saying this about the LIIDS system (emphasis added):
The Commonwealth's commitment and institutional ability to maintain an effective system of immigration control is evidenced by its implementation of a computerized arrival and departure tracking system. Financed by the federal government, the Border Management System has been fully operational since 2003, with the entry and departure of each traveler recorded. The Commonwealth also operates the Labor and Immigration Identification System, which records the immigration entry permits to the various classes of immigrants entering the CNMI. We are currently reevaluating these computerized systems to determine whether their components should be updated or replaced to reflect the advances in technology over the past decade. Even within their limitations, however, these systems give local immigration officials controls that their federal counterparts do not have.
The governor testified that the entry and exit of people was recorded since 2003. Where are the statistics? Was his testimony a lie to convince the federal officials that the local system could track foreigners? Or is the data being hidden?

It was convicted felon, Mark Zachares, former Secretary of CNMI Labor and Immigration, who was the initial spokesman for LIIDS. Working under former Governor Froilan Tenorio, he claimed that the tracking system would stop the federal government from taking over immigration. From the Saipan Tribune:
Mark D. Zachares, secretary of the Department of Labor and Immigration, said the BMS is a final step of the immigration reforms implemented by the Tenorio administration.

The efforts are aimed at convincing the federal government that CNMI can handle its own labor and immigration laws as provided under the Covenant that established the islands as U.S. commonwealth.

"This system will be the envy in the Pacific... and around the world," the DOLI chief said during a demonstration of how the system works.

Accurate and faster.
...According to Mr. Zachares, the department will hook up with federal agencies, such as the Immigration and Naturalization Service, as well as Interpol to boost the ability of the CNMI to keep away undesirable aliens.

Because it also records departures, he said aliens who are overstaying can be traced easily and their number can be established much more accurately.

"We will be able to use it as an effective law enforcement tool," the DOLI secretary added.

Funded through a $1.5 million grant from the Office of Insular Affairs, the computerized tracking system is a component of LIIDS which the CNMI government vouched in 1995 to improve handling of local immigration.

Some U.S. lawmakers and federal officials have cited the archaic system at the ports of entry here as reason to extend federal immigration laws to the islands.
Is the expensive system worthless? Meant to track incoming and outgoing aliens, no one in the Fitial Administration seems to be capable of consistently reporting on the data. It is obvious to me, that they do not want to report the statistics.

In February 2008 Governor Fitial made two announcements. The first announcement was that he appointed his niece, Cinta Kaipat as Deputy Secretary of the Department of Labor. The second announcement was that the government had upgraded the LIIDs system. From the Saipan Tribune:
Labor director Barry Hirshbein and other Labor officials demonstrated to the media yesterday how they upgraded the Labor and Immigration Identification System with the new installation of a new computer system.

After the demonstration, Labor Secretary Gil M. San Nicolas, Hirshbein, Kaipat, and other Labor officials joined the governor in the news briefing.

Fitial said it took two years for his administration to clean up the mess left over from past administrations.

The governor said with the new computer system the LIIDS system has been upgraded for the first time since 2000.

We have new equipment and new software. The system came online last week. We recognize the hard work put up in by Tom Torres (LIIDS computer specialist 3) to make this happen and the able assistance of Ron Smith (web master),” Fitial said.
LIDS, formerly LIIDS, was meant to be a state of the art tracking system and was funded by federal money from the Department of Interiors Insular Affairs Office. So what happened? Does it have the capability of tracking the aliens, categorizing them and providing valuable data? Data like the data needed by DHS and DOI to formulate a report that is by law due to Congress by 2010 with recommendations on the status of the foreign workers?

CNMI Law Requires Data on Foreign Workers
The 2008 DOL Annual Report contained this muddy statement:
The number of foreign national workers legally present: As of December 31, 2008, the Department had issued 22,917 permits during 2008 in the 706K (foreign worker) immigration category. (footnote 10) The Department counts only its administrative operations; it does not conduct any census of foreign workers actually present in the Commonwealth. (footnote 11) The number of permits issued is greater than the number of workers present in the Commonwealth at any given point in a typical year because some permit actions are contract amendments or extensions and affect a single worker, some permit holders elect to leave the Commonwealth during the year for personal or employment reasons, some employers implement reductions in force and cancel their “issued” permits for some of their workers; some employers close their businesses entirely and their “issued” permits are cancelled by the Department; and other similar reasons.
Footnote 10: The Department’s published statistics show a total of 23,110 permits issued during 2008 in the 706K (private sector employment) and 706B (CNMI government employment) categories. During 2008, there were 193 permits issued in the 207B category. The remaining permits were in the 706K category.
Footnote 11: The taking of the census with respect to all categories of persons present in the Commonwealth, including foreign workers, is the responsibility of the U.S. Census Bureau.
When the Fitial Administration wants to shift responsibility or conceal the dysfunction of the system, it blames the federal government. Whatever the responsibility of the U.S. Census Bureau may be, that is not the issue. The issue is that PL 15-108, § 4970 requires specific annual reporting on data regarding the number of foreign contract workers employed in the Commonwealth during the year. That information was not included in the 2008 DOL Annual Report in violation of CNMI law.

From PL 15-108:
§ 4970. Required reports.
(a) The Secretary shall prepare and submit to the Governor and the presiding officers of the Legislature the following written reports:
(1) Within one hundred twenty (120) days of the end of the government fiscal year, the Secretary shall prepare an annual report including data regarding the number of foreign national workers employed in the Commonwealth during the year, the citizenship of the workers, the job classifications filled by the workers; data regarding the number of citizens and permanent residents employed in the Commonwealth during the year, the job classifications filled by these employees; and other information as appropriate.
What is DOL's answer as to why they did not follow the law? It can be found in a letter that Deputy Secretary Kaipat sent to Rep. Sablan who questioned her on the data required under the law. From the letter (emphasis added):
In response to your inquiry dated June 3, 2009, with respect to Public Law 15-108, Section 4970, two points can be made: First, the Secretary is required only to provide data 'regarding" the number of foreign workers. There is no direct mandate to provide exact numbers. That section refers to:

data regarding the number of foreign national workers employed in the Commonwealth during the year, the citizenship of the workers, the job classifications filled by the workers; data regarding the number of citizens and permanent residents employed in the Commonwealth during the year, the job classifications filled by these employees; and other information as appropriate.

The Secretary has provided in both the 2007 and the 2008 Annual Reports the data that he has available regarding the number of workers. That data consists of the number of transactions completed by the Labor Department. The 2008 Annual Reports is consistent with the mandate of PL 15-108.
What a ridiculous response and unbelievable interpretation of the law. I guess the legislature should revise the law to insert the word "exact" because Kaipat, who claims to have been the primary author of the law, states that the mandated report does not call for "exact" data. What kind of law would require inexact data, or faulty data, or non-data? Do attorneys interpret the law this way? Does the Office of the Attorney General?

When interpreting any law it is always helpful to consider the intent. Surely the intent of this provision was to have complete and accurate data on the number of foreign workers and the other reporting requirements.

DOL provided statistical information in the 2007 Annual Report. Why not in the 2008 Annual report? Is it because the statistics could actually help the DOI and DHS in preparing a report to make recommendations on permanent status for the foreign contract workers? The census data was not an issue in 2007.

From this Saipan Tribune article published two years ago, June 1, 2007:
Thousands of foreign workers may be eligible for permanent residency under the CNMI immigration bill drafted by the federal government.

Data from the Labor and Immigration Identification System show that there are 7,944 guest workers who have been employed in the Commonwealth for five to nine consecutive years.

This figure was based on valid labor permits issued as of May 16, 2007, as well as labor applications pending review. The data did not include those who have worked in the CNMI for 10 years or more.

“That's a lot of workers,” press secretary Charles P. Reyes Jr. said of the figure. “Under the proposed federal law, they would be eligible for permanent residency, similar to the status enjoyed by people from the Federated States of Micronesia.”...

...According to LIIDS, there are 1,014 guest workers who have been on island for five years and 719 for six years. Nonresident workers who have stayed eight years total 4,871. Those who have had nine straight years of employment total 445.

Of the nearly 8,000 guest workers, 5,726 are from the Philippines. Some 1,266 are Chinese, 339 Thai, 150 Japanese, 146 Korean, 118 Bangladeshi, and 102 Nepalese. The 97 others are of different citizenships.
The emphasis was added to show that the LIIDS Sytem worked just fine in 2007. The data was specific.

However, since some of us have questioned this issue, Deputy Secretary Kaipat made a statement in the 10th interim report claiming that the press misinterpreted the information:
Fourth, for many years, the Commonwealth newspapers published “transaction data” and called it “people data.” When the Department published a transaction number (for example, 30,000 permits issued), the newspapers would report there were 30,000 foreign workers. The published data never was people data. It was always transaction data. However, in prior years, the transactions tended to be simpler and fewer. For that reason, the transaction data – while incorrect as a proxy for the number of people – was probably not incorrect by a very large margin. Today, transactions tend to be greater in number as employers seek to adjust to difficult economic circumstances. This means that the transaction data – while still incorrect as a proxy for the number of people – is probably incorrect by a very large margin. In my view, relying on incorrect data is not a good idea. So I have consistently taken the position that the Labor Department’s data is not “population data” and cannot be used for population purposes. We have added explanatory captions and footnotes to the data that we publish to alert users to this limitation.
Are we actually to believe that DOL and Kaipat who spin everything, comment on the press constantly and correct everyone never bothered to correct the newspapers for reporting the data incorrectly?

Statistics Needed by Federal Officials to Decide Status for Foreign Workers
If LIDS has the capability of providing the data and statistics, then is DOL deliberately withholding data to impede the Congress from being able to make a decision on improved status for the foreign workers? Here is what PL 110-229 says is needed for the report to make recommendations:
“The Secretary of the Interior, in consultation with the Secretary of Homeland Security, and the Governor of the Commonwealth, shall report to the Congress not later than 2 years after the date of the enactment of the Northern Mariana Islands Immigration, Security, and Labor Act. The report shall include the number of aliens residing in the Commonwealth; a description of the legal status (under Federal law) of such aliens; in five year increments, the number of years each alien has been residing in the Commonwealth; the current and future requirements for the Commonwealth economy of an alien workforce; and recommendations to the Congress related to granting alien workers lawfully present in the Commonwealth on the date of the enactment of such Act United States citizenship or some other permanent legal status.”
LIDS, the federally funded CNMI tracking system, should be able to provide much of the required information. From the report:
Fifth, the function of the Labor Department is to ensure that all foreign workers who are in the Commonwealth are properly documented and employed. We carry out that function very well. Our new system allows us to stay completely current with applications and to sift out fraudulent sponsorships or unqualified employers. The Labor Department also reports every quarter on overstayers and publishes a list of those without status to remain in the Commonwealth. With our new system, we have very few errors on those lists. (One might note that the U.S. has no capability to publish any kind of overstayer list.) Many of the people we report as overstayers elect to leave voluntarily once they see their names in the paper. The rest are pursued by the Division of Immigration.
Surely, if the system can track "overstayers" as Kaipat claims, then it should be able to be programmed (if it isn't already) to track all foreign workers and nonresidents.

You may recall that at the May 19, 2009 House Hearing DOI's Nik Pula testified requesting a delay in the report that is due to Congress. He stated:
Public Law 110-229 calls for a report and recommendations on the status of long-term foreign workers by the Secretary of the Interior (in consultation with the Secretary of Homeland Security and Governor of the CNMI), by May 8, 2010. Specifically, the report will include -
• the number of aliens in the CNMI,
• their legal status,
• the length of the aliens’ stays in the CNMI,
• the CNMI economy’s need for foreign workers, and
• recommendations, if deemed appropriate, whether or not legal foreign workers in the CNMI on May 8, 2008, should be able to apply for long-term status under United States law.

Before recommendations are made, however, we will need information and statistics on the CNMI’s foreign workers. The Department of the Interior, in conjunction with our interagency partners, is considering how best to collect the data and information necessary to complete this report. Title VII of Public Law 110-229 provides discretionary authority for the Secretary of Homeland Security to establish a registration program. It is our understanding that DHS is presently considering whether to implement such a program. Should DHS implement a registration program, sharing of such data would be a useful source of information for the required report.

On May 8, 2008, when Title VII was enacted the transition period effective date was expected to be June 1, 2009, and Interior’s long-term foreign worker report was scheduled for a year later on May 8, 2010. It was believed that after nearly a year of experience with DHS’s administration, we could see how things would unfold for the long-term foreign workers. For example, some may leave of their own accord, some may qualify for DHS’s five-year foreign worker transition program, and some may qualify for adjustment to an immigration status under provisions of the Immigration and Nationality Act. It would be prudent to give time for these events and adjustments to take place, before passing judgment on the overall long-term worker issue.

Recently, the Secretary of DHS utilized legislative authority to delay the transition period effective date by 180 days to November 28, 2009. There is, however, no equivalent statutory authority to delay Interior’s report on long-term foreign workers. If there is only five months of administration before the report is due, as the current timeframe would require, insufficient data and other factors may make the completion of a meaningful report difficult. In addition, we are anticipating that status adjustments of some foreign workers will need to be made, potentially increasing the time it will take to complete the report beyond the one year originally allowed for in Public Law 110-229. These factors may make it difficult for Interior and its partners to parse desirable immigration policy and long-term foreign worker issues in an abbreviated timeframe.

The Department of the Interior, therefore, requests that the Congress extend the statutory date for the report on long-term foreign workers by one year to May 8, 2011.
I stated in a previous post:
The federal government knew what deadlines the law specified a year ago, and knew what statistics and data were needed to compile the required report. A year after the law has passed is late to be worrying about how a deadline will be met. The federal agencies charged with making recommendations in the form of a report to Congress by May 8, 2010 need to get to work immediately, organize with the other federal agencies, and gather the statistics and data instead of proposing a delay. The federal government could use GAO experts, hire an outside consultant or firm, or have DHS begin registration of nonresidents to compile needed data. A delay in the report will perpetuate needless uncertainty and hardship for all of the nonresidents, and for the community at large.
A June 15, 2009 letter addressed to the Secretaries of the Department of Interior and the Department of Homeland Security from Senator Bingaman, Chairman of the Senate Committee on Energy and Natural Resources, ranking committee member Senator Lisa Murkowski, Chairwoman of the House Subcommittee on Insular Affairs, Oceans, and Wildlife Congresswoman Madeleine Bordallo and Congressman Gregorio Kilili Sablan also rejected the idea of a delay. The letter was written to "urge swift and coordinated implementation of Title VII of P.L. 110-229."

From the letter:
This law was signed over a year ago to extend U.S. immigration laws to the Commonwealth of the Northern Mariana Islands (CNMI) with special provisions to respond to local conditions. The CNMI is currently in a serious economic downturn and the delays and uncoordinated implementation of Federal immigration laws further undermines the fragile local economy. We are opposed to any further delay to the start of the transition period, and to submission of the Interior Department's report on aliens residing in the CNMI.

There are many challenges to overcome in implementing this law. However, your responsibility is to carry out the law according to the schedule set forth in the statute and consistent with congressional intent. We urge you to review the Government Accountability Office report, "Managing Potential Economic Impact of Applying US. Immigration Law Requires Coordinated Federal Decisions and Additional Data" (GAO-08-79 1 ) and implement its recommendations - establish an interagency process to jointly implement the legislation and to jointly develop strategies to obtain critical data. We are concerned that recent DHS testimony failed to indicate any commitment to conducting the alien registration called for in the law, that the DOI requested a one-year delay to report on aliens, and that the position of Federal Labor Ombudsman in the CNMI was vacant for six months.
From this letter and from conversations that I have had with staffers and federal officials, it does not look like Congress would agree (or could agree given the time span) to introduce and pass legislation that would be needed to extend this provision. The letter asks for action including:
Specifically, we ask for your commitment to prompt action on the following:
Establish a formal interagency coordinating process among DOI, DHS, and DOL to:
(1) Define each agency's role in implementation;
(2) Gather needed information including reasonable estimates of the composition and immigration status of CNMI residents; current and future labor needs and sources, and the composition and activities of alien investors; and
(3) Establish timelines for agency decisions and regular interagency meetings.
It appears that the federal government will handle the job of gathering statistics and data on the guest workers. Isn't the fact that the CNMI could never track the foreign workers one argument for the federal takeover?

The DOL interim labor reports clarify the urgent need to get rid of the broken local system. Whatever else is in the regulations that DHS proposes for the transitional guest worker program, I hope they have sense enough to totally revamp the system and not just grant powers to the corrupt DOL officials to allow them to continue running the dysfunctional system.09 W. L. Doromal

OGA Case Heard in Supreme Court

July 22, 2009


There has been no ruling issued in Rep. Tina Sablan's Open Government Act case that was heard in the CNMI Supreme Court yesterday. Chief Justice Miguel S. Demapan and Associate Justices Alexandro Cruz Castro and John A. Manglona presided in the hearing.

Governor Fitial and Lt. Governor Inos are challenging Judge David Wiseman's earlier Superior Court decision to release documents related to the OGA request.

Last week Assistant CNMI AG Huesman, who is representing Governor Fitial and Lt. Governor Inos in the case, submitted Appellant's Reply Brief to the Superior Court.

Again Huesman argued that the government should not be charged with proving that releasing the documents would harm a vital government interest if released.
Once again, the standard is that, to be released, an exempted document must be “clearly unnecessary” to “protect any vital government function.” Thus, once the exemption is demonstrated, (the government meets its burden of proof) it is up to the person requesting the documents to prove that no vital government interest is at stake.
Am I missing something here? It seems like an impossible argument. Who else but a government office or agency could possibly prove that it would harm the government if the requested documents were released. Since Rep. Sablan has not seen the documents it would be impossible for her to determine and harm as she stated in precious briefs and again at the hearing.

Huesman presented the same argument yesterday at the hearing.

From the Marianas Variety:
The trial court held that the government had not offered any proof that withholding the documents was clearly necessary to protect a government function.

The government said that the burden of proof for proving the documents are clearly unnecessary to protect a vital government function rests solely with Sablan, and not on the government.
Sablan said it is illogical for her to prove the burden of proof when she had not seen any of the documents which the trial court ordered to be released to her last month.
Rep. Sablan also said, “This case has been an eye opener and a discouraging one for me to ask for public records as a public citizen."

CNMI Labor News: Unpaid wages, legality of Kaipat's position, bonds, and more
















July 22, 2009

Meeting of guest workers with unpaid wages Saturday
United Workers Movement-NMI is sponsoring a meeting this Saturday at Kilili Beach at 6:00 pm for contract workers with unpaid wages. The meeting is being held to discuss how to protect workers who have unpaid labor awards and how to collect the judgments.

Options that include appealing to U.S. officials and lawsuits will be discussed. Rabby Syed stated that he wanted to open up a discussion to explore every possibility. The group also wants to determine how many people in the $6.1 million that we collected in 2007-2208 are still in the CNMI.

From the Marianas Variety:
This Saturday’s meeting at 6 p.m. at the Kilili Beach in Susupe is intended for a wide discussion on unpaid claims, immigration and labor issues, he said, adding that Dekada Movement’s legal counsel Steve Woodroff is their guest speaker.

Last year, Atty Robert Myers filed a class-suit by over 130 guest workers demanding the secretary of the Department of Labor to enforce the mandated law to collect employee’s unpaid wages from their employers or the bonding companies.

He said the group appreciated the effort of Myers and hope “he will continue assisting the guest workers.”

Syed said the Labor Office is only ensuring the displaced worker will be given the repatriation ticket without taking care of their unpaid claims.

“The meeting will discuss initiatives to protect workers who have monetary damages awards and ensure that unpaid workers are either paid in full or given other appropriate remedies under the law,” Syed said.

He said their group is consistent in protecting the contract workers’ rights and “this meeting would be an opportunity to do something substantive for contract workers in CNMI.”

Whatever outcome in the meeting, Syed said, they are also considering option of coordinating with Myers and other lawyers to initiate filing of class suit against the labor secretary.

He asked non-resident guest workers to bring their administrative order and other pertinent documents of their employment and immigration status in CNMI.
I would like to know how many of those employers who never paid former employers monetary judgments issued under DOL Administrative Orders are banned from hiring new foreign contract workers. I have been told that CNMI employers who owe unpaid judgments have changed the name of their businesses and are operating under new businesses with new foreign contract workers free from consequences. Is this a fact?

Cinta Kaipat holding office of Deputy Secretary illegally?
An interesting article in the Marianas Variety cites a case by Attorney Stephen Woodruff that questions whether or not the position of Deputy Secretary Cinta Kaipat is held legally or is even a legitimate position at all under CNMI law.

Guest worker Rowena Java is asking the Superior Court to set a briefing schedule to process her appeal and set aside a decision by the CNMI DOL which denied her transfer to another employer.

Ms. Java was a victim of scammer Elenita Camacho who cheated foreign contract workers for monetary profit in a sponsorship scheme. Camacho, owner of Gem Professional Services joined with Stacy N. Bautista (Stacey N. Dela Cerna), owner of Rhen Tailoring Dress Shop and Weena Dulay, owner of WPD Accounting Services to set up the fake companies to take $1,000 to $1,500 in fees from guest workers for nonexistent jobs under one of the three companies.

Bautista and Dulay were arrested, but Camacho fled the CNMI.

The DOL filed a compliance case against the schemers earlier this year granting transfers to eleven guest workers: Lina B. Cartegena, Amalia S. Gavino, Carol S. Flores, Winnie N. Mariano, Mary Joy Mirando, Rose P. Ordonez, Blesila B. Prevaldo, Marilou S. delos Reyes, and Ann Janette Sumpay, Mary Ann T. Decena and Raquel E. Tadifa. DOL denied two workers, Emma L. Banez and Rowena D. Java, a transfer. Hearing Officer Herb Soll stated that Banez and Java were denied transfers "for their actions in promoting the false sponsorships that have authenticated their presences in the Commonwealth."

From the Marianas Variety (emphasis added):
Java appealed to the Labor and attached a letter from a prospective employer who wanted to hire her immediately on April 6. She said that she was working under a temporary work authorization at the time of the March 10 administrative order. She said that despite her right to appeal, the administrative order imposed the sanction of revoking any status she held and prohibited her from any renewal or extension of her temporary work authorization.

The plaintiff added that on June 11, a Secretary’s Order on Appeal was released but she said that another person and not San Nicolas signed the order. She said that the document was actually signed by deputy secretary of Labor Jacinta M. Kaipat. She said that the position of Deputy Secretary of Labor does not exist in Commonwealth Law and no appointment of someone to such a position can be lawfully made.

The plaintiff said that the function of deciding appeals to the Secretary of Labor is non-delegable, and the June 11 order is not a valid act of the secretary of Labor. She said that the order was issued arbitrarily and capriciously. The plaintiff pointed out several grounds for her petition for judicial review, stating that the purported order of the secretary of Labor was nor lawfully made or issued, that it was an abuse of discretion and not in accordance with the applicable law, contrary to constitutional right and privilege, fell short of the plaintiff’s statutory rights, not supported by substantial evidence and was made without observance of procedures mandated by applicable laws.

The plaintiff said that she had worked productively in the CNMI for over 10 years, contributing to the economy and general welfare of the community. She has four U.S. citizen children who were born on Saipan.
A similar article in the Saipan Tribune states (emphasis added):
Woodruff also noted in the complaint that on June 11, a Secretary's Order on Appeal was released but she said that another person and not San Nicolas signed the order.

Woodruff said that the document was actually signed by deputy secretary of Labor Jacinta M. Kaipat.

Woodruff said that the position of Deputy Secretary of Labor does not exist in Commonwealth Law and no appointment of someone to such a position can be lawfully made.

“The plaintiff said that the function of deciding appeals to the Secretary of Labor is non-delegable,” Woodruff said.

He said that the June 11 order is not a valid act of the secretary of Labor because it was issued arbitrarily and capriciously.
Superior Court to hear labor case
The Marianas Variety reported that Superior Court has set a status conference for August 27, 2009 to hear the complaint for judicial review filed by Emlyn Cortez against the CNMI Department of Labor. The case is similar to the one cited above.

Ms. Cortez, through attorney Stephen Woodruff, is asking the Court to "set a briefing schedule to process her appeal and vacate and set aside the decision of the Labor Department in denying her transfer relief."

From the Marianas Variety (emphasis added):
Cortez, a foreign national worker said she had a permit application pending with the Labor for employment but her application was denied and an appeal taken from the denial. She said that on Sept. 29, 2008, an administrative order was issued pending her denial case.

She said the order, signed by attorney Deanne C. Siemer for hearing officer Jerry Cody did not state a hearing date or even indicate that a hearing was conducted.

She said the order however, affirmed the denial of her permit application and denied transfer rights to seek another employer. She said the administrative order also ordered her to report to the Labor Enforcement within seven days to arrange for repatriation.

Cortez said the administrative order did not state any reason for the basis of the decision.

She filed an appeal with the Labor secretary on Nov. 14, 2008. On June 11, 2009, she received a secretary’s Order on Appeal signed not by San Nicolas but by Deputy Secretary of Labor Jacinta M. Kaipat.

Cortez said that the position of Deputy Secretary of Labor does not exist in the Commonwealth law and the function of deciding appeals to the secretary of Labor is non-delegable. She said that the document she received last month was not a valid act of the Secretary of Labor.

She said that the supposed appellate review of the Labor secretary was “so cursory that it did not even note that the Sept. 28, 2008 order was signed by Siemer for Cody.

Cortez added that the purported order on appeal contains nothing but a summary of the contents of the original administrative order and her appeal letter. She added that it was issued arbitrarily and capriciously, and the portion where she was ordered to report to the Labor Enforcement within seven days to arrange for repatriation was null and void and derogatory to her right to appeal to the secretary of Labor.

Cortez said that the grounds for her petition for judicial review of agency action is based on the grounds that the order of the secretary of Labor was not lawfully made or issued, not in accordance with applicable law, contrary to constitutional right, power, privilege or immunity, fell short of the plaintiff’s statutory rights, and not supported by substantial evidence. She also said that the order does not conform with applicable law and was made without observance of procedures mandated by applicable laws.
The DOL is pushing through cases to meet their goals of closing cases. They use forms and short cuts which deny workers of due process as illustrated by this case. The question of the legitimacy of "volunteer" Deanne Siemer hearing labor cases has also been questioned by attorneys, advocates and guest workers.

Bond Hearings to be completed by September?
Cinta Kaipat claims that hearings on bond claims filed by foreign contract workers with unpaid judgments will be completed by September. Have all of the contract workers in such a position even been formally contacted to apply for a hearing? Or does DOL still consider notification by publication sufficient?

From the Saipan Tribune:
“Our process for dealing with all of these old bonding claims is quite efficient, and we anticipate that the entire task will be completed this fall,” said Kaipat in her interim progress report on the implementation of Public Law 15-108 or the new labor reform law that she authored when she was a Representative.

Kaipat said they expect that the bonding companies may appeal adverse decisions on these old bonding claims to the Labor secretary.

“Those appeals will be decided promptly,” the Deputy Secretary said.

She said it is also likely that any adverse decisions by the Secretary will be appealed to the Superior Court.

Kaipat said the court has enforcement powers that Labor does not have so they expect that most of the contested cases will be decided in court.

“It was for this reason that the Department took the position that contested bonding claims should be resolved in the court in the first instance,” she said.

In June last year, Labor encouraged alien workers to collect their administrative awards by filing small claims in the Superior Court.

Labor recently notified those alien workers with administrative awards to come in to the Labor Hearing Office to register their bond claims.
What efforts has DOL made to contact all of the repatriated workers with outstanding judgments and bond claims? Any? Or do these companies just keep the money to enrich themselves at the expense of cheated workers much like the unscrupulous employers who have not paid do.

Kaipat also stated that out of "the first" 183 cases decided in 2008 only nine were bond claims." I am assuming that in the remainder of the cases the employers actually paid the judgments and DOL has tracked these to ensure that the employers have paid.

Guest Workers Planning August Assembly


















July 21, 2009

A delegation of U.S. House members will be visiting the CNMI in early August 2009 and guest worker groups will be ready to air their concerns through formal statements and an assembly that is being planned.

Expected to visit Saipan during the summer recess are U.S. Congressman Gregorio (Kilili) Sablan (I-CNMI), U.S. Congresswoman Madeleine Bordallo (D-GUAM), Chair of the House Natural Resources Subcommittee on Insular Affairs, Oceans and Wildlife, and subcommittee member Representative Henry Brown (R-SC).

The following press release was issued by guest worker groups:
Unified guest workers under the affiliate group of Unity Core Group such as; Dekada Movement, United Workers Movement-NMI, Coalition of United Workers, PILCOWA-Pilipino Contract Workers Association, Human Dignity Movement, Chinese Community, Korean Community, Bangladesh Community, Sri Lankan Community, Nepalese Community, Indian Community, parents of special needs children and parents with U.S. citizen children will once again instigate a historic event in relation to their cause of improved immigration status.

Rabby Syed, the UWM-NMI President said that the Unity Core Group has come up to a joint resolution to gather the CNMI guest workers for a very important assembly. Mr. Rabby Syed said, that this assembly is designed to welcome the upcoming U.S. Congress delegates who are expected to arrive in Saipan on August 9, 2009.

According to Rene Reyes, President of Coalition of United Workers, this event will also be a vehicle for the guest workers to personally convey and appeal to the visiting U.S. Congress delegates their concern on Improved Immigration Status.

As leaders in this community, we are committed to always guide for the welfare of our fellow guest workers, Ronnie Doca, Pilcowa President said. He further said, that we deemed the upcoming assembly as good timing because we can personally bring forth our concerns to the delegates and we are optimistic that they would come to us personally and talk to us during the assembly.

This proposed CNMI Guest Workers Assembly which is tentatively scheduled on August 9, 2009 between 5:00 to 8:00 o’clock in the evening is supported by many of the guest workers around the island who also supported the historic Unity March and May Day Rally. Overwhelming support through calls and texts were coming in and pushing ask to spearhead the assembly, according to Syed and Doca. Syed said that definite date, time and place will be announced later.

Itos Feliciano, President of Human Dignity Movement is calling the attention of our fellow guest workers, our “kababayans”, business community, immediate relatives of U.S. citizens and FAS citizens on behalf of Unity Core Group to please come forward and join.

Jun Concillado, UWM-Adviser and Pilcowa Board Chairman said that, having improved immigration status, is our cause, our struggle and our utmost dream that will eventually alleviate and change our lives. Americans are family loving citizens and we know that they don’t allow families to be fragmented just because of uncertainties due to impending federalization program that will soon be implemented on the CNMI. We know, that Americans are considerate and will recognize our long been effort and contribution to the CNMI. Let us keep ourselves be always united to this “Cause”. What Pedro gets, Peter gets, what Juan gets, John gets so let us continue bind ourselves together in one unified voice.
From the Saipan Tribune:
Alien workers of different nationalities are planning to hold a big assembly to welcome members of the U.S. House Subcommittee on Insular Affairs, Oceans and Wildlife who are visiting the CNMI and Guam next month.

As this developed, the United Workers Movement-NMI is urging all alien workers with unpaid labor awards and those having immigration problems to attend a meeting on Saturday, July 25, at Kilili Beach in Susupe at 6pm. Dekada Movement counsel Stephen Woodruff is expected to attend the meeting and answer some questions.
...Meanwhile, the United Workers Movement-NMI said this Saturday's meeting at Kilili Beach is intended for discussions on options on how to protect workers who have unpaid labor awards.

Syed said their group has consistently stood for contract workers' rights and that the meeting is a good opportunity to do something substantive for the guest workers.

He said litigation option will be discussed in order for the workers get their unpaid $6.1 million labor awards.

He added that they want to get data on how many people who are still in the CNMI from among those hundreds who went to the federal ombudsman and provided copies of their unpaid labor awards.

Judge Munson: Motions For Release Premature


July 21, 2009


U.S. District Court Judge Alex Munson issued an Order Denying Defendants’ Premature Motions For Release Pending Appeal in response to motions filed this week by former Lt. Governor Timothy Villagomez, his sister Joaquina Santos and her husband James Santos who were found guilty in the CUC-Rydlyme case on April 24, 2009.

The order simply stated:
Defendants were found guilty of multiple offenses on April 24,2009. However, Defendants have not been sentenced and, therefore, appeals have not been filed. Accordingly, the motions now before the Court are premature and are DENIED without prejudice.
Sentencing is scheduled for July 28, 2009.

Former Lt. Governor Villagomez set to appeal

July 19, 2009


Former Lt. Governor Timothy Villagomez is scheduled to be sentenced in a week. He has filed objections to the presentence report asking for probation instead of jail time. The Responses and objections to the presentence report and motion for sentencing outside the guidelines. The document contains 56 pages of letters from friends, clergy and family supporting leniency in the sentencing. It responds to the government's presentence report, which I believe is a sealed document. (You can read the letters in the link above.)

Villagomez, his sister Joaquina Santos and her husband James, the former Director of Commerce were found guilty of conspiracy to defraud and to commit offenses against the U.S., wire fraud, theft concerning a program receiving federal funds, and bribery concerning a program receiving federal funds in the CUC-Rydlyme scandal.

The document objects to sections of the presenting report that summarized facts taken from reports of the Office of the Public Auditor, F.B.I. and U.S. Attorney's Office sating that they were not obtained from the trial and are insufficient and incomplete. The defendant objected to any use of extracted documents for the purposes of aggravating or enhancing any sentence, One of the significant statements in the document is:
Because Mr. Villagomez will appeal his conviction , he asserts his right to remain silent and to not incriminate himself, and, thus, makes no comments on facts.
He also objected to the total amount of loss of $361,125.00 stating that "the jury made no determination as to the total amount of loss involved in the case."

Villagomez objected to a 4 level increase for a public official stating that the increase is "duplicative, arbitrary and capricious and excessive." He also objected to a section of the PSR that recommended a 2 level increase for Aggravating Role enhancement for his role as manager and supervisor.

Villagomez wants a 2-level decrease for "Acceptance of Responsibility" claiming that the guidelines allow that for "voluntary resignation from the office or position held during the commission of the offense."

Rep. Tina Sablan called for his resignation and an investigation because he would not resign. He resigned only after the jury found him guilty. He maintained his innocence throughout the trial and received his salary and benefits as Lt. Governor during that time.

The statement claiming that he accepted responsibility is in conflict with the previous statement that alleges that he will appeal and therefore makes no statements to incriminate himself. If he is claiming innocence and appealing, is does not seem that he is accepting responsibility.

It appears that the U.S. government is recommending a severe sentence. Villagomez and conspirators James and Joaquina Santos were found guilty of crimes that resulted in harm to the people of the CNMI and the taxpayers. From the document:
Mr. Villagomez repeats his objections to A Total Offense level of 32 and objects to the application of an advisory guideline range of imprisonment of 121 to 151 months.
Villagomez alleges through his attorneys that "the guideline range of imprisonment is 10-16 months and is in the C Zone of the Sentencing Table" stating that "imprisonment is not required to satisy the minimum term of the sentence."

Villagomez also asks for probation because his mother is suffering from Alzheimer's disease and he is involved in her care.

The motion claims that Villagomez has a negative net worth of $6,300.oo. Clearly, the defendant does no want to pay a fine or be responsible for paying back the government the money that was swindled under the scheme. The document states that the defendant is unemployed and therefore unable to pay any fines. Doesn't this defendant own property including an expensive boat that could be sold to pay restitution or other fines?

I am sure that each defendant will serve some time behind bars regardless of arguments for lesser sentences.

Villagomez Will Appeal

Also filed with the court was the defendant's Motion for Release Pending Appeal. The document states that Villagomez should remain free during appeal because:
  • He does not represent a flight risk and presents no danger to the community
  • The issue of whether he was tried by "an impartial jury is most assuredly fairly debatable"
The document concludes:
...defendant Villagomez is entitled to continued release on the condition previously set by the Court while his appeal is pending in the Ninth Circuit Court of Appeals.
Joaquina Santos and James Santos' attorneys also filed court documents requesting to be released pending their appeals.

I do not think that the judge will allow Villagomez or the Santos couple to remain free pending their appeals. None appear to have a strong case for an appeal. The appeals will only serve to delay the inevitable and to enrich the attorneys.

A Guest Worker's Response to the $50 Fee

July 18, 2009


A few days ago I wrote a post that touched on some concerns with the $50 extension fee. I put out the question, "How much money has been collected since May 2009?"

A guest worker responded through an email giving some insight on the amount of money from renewal fees that was made in just one day from unemployed guest workers :
Dear Ms. Doromal:

I was there at the Labor's Hearing Office to submit my request for extension on July 15, 2009. I came in at 2:30 pm to avoid the crowd. To my dismay there were a lot of people like me submitting the request. I got a number (#57) only to find out that the office were able to process only up to no. 45 people in that afternoon (from 1:00 to 4:21pm). The office closed their door at 4:21pm and this was announced by a local lady explaining that much as they would want to accommodate us all they could not do so because the Treasury Office (accepting the $50 payment) is already closing.

I did go back the following day as instructed by the receptionist.

A friend told me that in the morning (from 8: to 12:00) about 100 people were on the line for processing of the extension.

As an accountant, I estimated that about a hundred twenty contract workers paid $50 on July 15, 2009 alone. Or the office collected a total of $6,000 that day from people who have no work at all.

From a person who was actually there requesting an extension

(Name of person)
I am not publishing the name of the person who sent this email, in case he does not want to be identified.

The issue of the $50 fee and renewals raises many questions. Why are workers continually renewed if there are no available jobs? How much money does it cost to process paperwork? (Certainly not $6,000 a day.) Since there are no social programs or government assistance programs for unemployed foreign contract workers, is it even humane to charge a fee for constantly renewing people who have no employment and no chance to find an employer? Is the fee strictly for purposes of making dollars for the CNMI government?