Posts
December 29, 2010
What will happen when government employees cannot be paid at all? Shouldn't they expect this to happen? For six months employees have had periods of delayed paychecks. In fact this will be the 7th time their pay has been delayed this year. Hours were cut from 80 to 64 per pay period with the promise that if that step was taken there would be enough revenue. Wrong.
Now the government employees will not be paid before the New Year. This time even the employees considered "critical" may not receive their pay. Only employees in federally funded programs will receive pay.
Meanwhile the Commonwealth Utilities Commission is disconnecting electricity to government buildings because the government owes them $2.5 million. The governor is asking that 20 government offices not be disconnected. Charles Warren the CUC's chief financial officer said 50 offices were on the list to be disconnected. Employees in offices where the electricity was cut are on administrative leave.
Empty
The governor's press secretary said that the "financial status at this time is far more severe than the previous cases of delayed payroll." Of course it is! DUH! If there is no revenue coming in then the debt will grow, which means that the financial crisis becomes more severe UNTIL there is absolutely NO money. Why on earth haven't the elected officials spent every minute creating a plan to raise revenue? Do they think that Uncle Sam will just bail them out?
Unwise Decision
I can make no sense of the perplexing decision made by law enforcement officials and the judge in the Kagman rape case. I do not understand why the Office of the Attorney General dismissed without prejudice the rape charges against three men, two of whom have prior criminal convictions for sexual assaults. One of the defendants, Alfred P. Hocog, was previously described by the AAG and the judge as a "threat to the community and flight risk."
Ivan Jones Castro was arrested in 2002 for impregnating a 13-year-old child. He is a registered sexual offender. Joseph Cabrera Camacho has a prior conviction for sexual abuse of a minor in 1999. He is a registered sexual offender.
Alfred P. Hocog, 18; Ivan Jones Castro, 33; and Joseph Cabrera Camacho Jr., 31 were scheduled to have their jury trial on January 3, 2011. The three, along with Angel Jesse Santos, were charged with raping a 16-year-old high school student in Kagman. Associate Judge David Wiseman has ordered them released. Now they are free. Santos remains in custody behind bars at the Detention Center, and is a government witness against the three men who were released.
AAG Brian Gallagher recommended dismissing the charges against Hocog, Castro and Camacho without prejudice (meaning they can be charged at a later date). The Marinas Variety reported:
“Today, the commonwealth recommended dismissing, without prejudice, a case against three of the four suspects involved in a kidnapping that occurred in Kagman in June of 2010. We are dismissing due to newly discovered evidence that requires further evaluation,” Assistant Attorney General Brian D. Gallagher, who is prosecuting the case, said in an e-mail to the Variety.
“In light of the court’s tight schedule, the commonwealth cannot properly evaluate this evidence prior to the trial date of Jan. 3, 2011. Accordingly, the only recourse is to dismiss the case at this time, and re-file at a future date,” Gallagher added.
On Monday, the AGO filed a motion for continuance in March next year which the court denied.
Since the trial could not be postponed, Gallagher said “the commonwealth’s best recourse was to dismiss this case, and conduct further investigation.”
Apparently this has something to do with a report from the FBI that stated that no DNA or semen from the defendants was found on the victim. I am not sure what this proves since sexual assault and rape does not necessarily involve semen and any one of the men could have used condoms. Gallagher stated that the report on the DNA from the FBI was oral and he is waiting for a written report. AAG Brian Gallagher previously stated that the evidence that Alfred P. Hocog raped the girl was overwhelming.
It seems that the judge could have ordered the prosecutor to complete his investigation and kept the men in custody or he could have agreed to a continuance at a date earlier than March 2011 if he thought that was too distant.
Previously the judge stated how dangerous Hocog was when he reinstated Hocog's $100,000 bail. On August 31, 2010 the Saipan Tribune reported:
“Although these alleged crimes were committed with other co-defendants, Hocog, according to the testimony at the preliminary hearing, was the principal attacker and the one who continuously beat the victim unconscious,” said the judge in a written order issued yesterday.Because of the actions of the OAG and Superior Court Associate Judge David Wiseman, Angel Santos may now withdraw his plea agreement. In that agreement he agreed to plead guilty to conspiracy to commit sexual assault in the first degree and agreed to testify against the three that allegedly raped the child at Tank Beach. The charges of kidnapping, conspiracy to commit kidnapping, sexual assault in the first degree first degree, aggravated assault and battery, and disturbing the peace were all dismissed as part of the agreement. The agreement also stipulated that Santos would get no more than 20 years and no less than 10 years in jail under the plea agreement. Santos claims that he acted as a "lookout."
In granting the government's motion, Wiseman he considered factors such as charged offenses, the weight of the evidence, the potential threat to the safety of individuals and to members of the community, as well, as the possibility of flight to avoid prosecution.
Wiseman noted that testimony at the preliminary hearing described the egregious manner in which Hocog allegedly kidnapped, assaulted, and sexually abused the 15-year-old victim.
...Based on such a representation from an officer of the court, Wiseman said he finds it appropriate to consider this factor as warranting the court's finding that the weight of the evidence against Hocog is substantial.
“In other words, there is a substantial probability that defendant may have committed the crimes charged and that conditions less than those imposed would not minimize the risk of threat to the safety of the community or a risk of flight,” he said.
In addition, Wiseman said, the primary concern of every government is a concern for the safety and the lives of its citizens.
He said Hocog's threat to the community is reflected in his alleged conduct in viciously attacking and sexually abusing an underage victim.
“The court finds that [Hocog] does present a threat to the safety of the residents of Saipan,” he said.
The charges filed against the suspects carry severe penalties. Sexual assault carries a maximum of 30 years in prison, with a mandatory minimum of eight years in prison. Kidnapping has maximum penalty of life imprisonment.
“Therefore, [Hocog's] motivation to flee is extremely high,” Wiseman said.
He said Hocog's release on any other terms at this time would be inadequate to protect the community and prevent the risk of flight.
Imagine how this child and her family feel. They must be terrified.
Is Saipan a safe place? I don't think so. There are convicted felons holding high government positions, people who got away with serious crimes in elected positions, appointed cabinets members who have broken laws, murderers who have had their sentences commuted, and felons and sexual predators who were given early release or parole only to commit new crimes.
Taxation without Representation and Representation without Taxation
Republicans are predictable. For the next two years they will block key legislation, blame Democrats, whine (or cry if it's speaker-elect John Boehner), and attack those who disagree with them. So it should be no surprise that they voted to strip the Congressional Delegates from having floor votes.
Under the Democratic majority in the 111th Congress, the Congressional Delegates in the House - those from Washington, DC, the CNMI, Guam, American Samoa, Puerto Rico, and the Virgin Islands - could cast a vote when the chamber was meeting as a "Committee of the Whole." They could vote only on amendments to tax and spending bills, but they could not be the deciding vote. The has been a federal court ruling upholding the constitutionality of the vote.
The Republicans who will now control the House in the 112th Congress have published proposed rules that will prohibit the Delegates from voting on the floor of the chamber. Delegates can vote in their respective committees, but only full Members of the House can vote on a bill's final passage on the floor.
Why would the Republicans make such a move? The Delegates are, and have traditionally been, overwhelmingly Democrats, or as in the case of Congressman Sablan, an Independent affiliated with the Democrats.
From the Washington Examiner:
"You would have thought," Holmes tells me, "that our Republican friends, for whom taxes mean everything, would have thought twice before stripping District taxpaying residents of their vote."Washington, DC Delegate Eleanor Holmes Norton stands apart from the other Delegates in that the residents of the territories do not pay federal income taxes, but Washington, DC residents do. And there are more residents living in Washington, DC then there are living in Vermont or Wyoming, states that have representation and votes in Congress. Delegate Norton claims that it is a case of taxation without representation. I agree with her. It's time that Washington, DC residents be represented by a member with full voting rights.
They thought, all right. They saw a city that is bluer than the ocean on a sunny day and said: Merry Christmas to us and no vote for you!
And I am fully aware that the District of Columbia does quite well by the federal government, on the money side. We are a government town; legislation and governing are our industries. We receive more millions from the government than we contribute in taxes, but that's fair because we provide a home for the seat of power.
But as a matter of political power in a democratic society, we District residents get screwed. Under the Constitution, we are a federal district under the control of Congress and the White House. We have limited local self-government by a mayor and city council. Congress has ultimate say.
That's why a loss of voting rights is such a punch in the gut.
"This was a shot across our bow," Norton says. "We will have to be ready for the worst -- and we are."
Congresswoman Norton, and a group called DC Votes, will lead an effort to lobby for full voting rights for the DC Delegate on January 4th.
There should be a discussion on this issue, and it should include the suggestions that territories start paying at least a share of federal income tax. The taxpayers in the states carry the burden of funding the territories that receive billions of dollars in federal funds, but pay no federal income taxes.
Maybe some of the abhorrent waste of federal funds witnessed in the CNMI is due to the fact that the residents have no financial commitment to the government. CNMI residents pay no federal income taxes, no CNMI income taxes, no sales taxes, and yet expect to be perpetually funded and see that funding grow. Sorry, as a federal taxpayer who is disgusted by waste of federal funds in the states and in the territories, I say it's time to grow and take that hand that has been out for decades reaching for a handout from the federal government, and place it in your pocket to come up with at least a token amount of federal income taxes to help pay your way.
Status for CNMI Foreign Workers
Every few months an elected official steps forward to discuss possibilities for granting status to the guest workers and other aliens in the CNMI. It's a passionate issue and always reveals the division between the supporters and the extremely angry opponents.
Yesterday the Marinas Variety published a story repeating what Congressman Kilili Sablan has been saying for a couple of years - that he supports status for NMI permanent residents and IRs. (Usually, he includes alien parents of U.S. citizen children in his list, but this time they were omitted.)
The comments under this story show some logic, some thoughtfulness, some stupidity, some anger, a lot of racism, and many unfounded accusations. Remarks such as "foreigners have children to get a green card", "foreigners have other spouses in their homelands", and "foreigners marry to get a green card" are unfounded generalizations that have no place in an honest discussion on this issue. A few bad apples don't represent the quality of the orchard.
Comments that accuse those who want to be U.S. citizens of "deserting their country" are interesting because the commenter attempts to project his patriotic or nationalistic beliefs on others. As I have said many times, where a person is born is an accident of birth; where a person chooses to live is an conscious decision. We have no control over the country of our birth and cannot decide our nationality or citizenship until we have an opportunity later in our lives. Citizenship can never erase nationality and it cannot remove love or loyalty to a nation of birth or homeland.
Some arguments against granting status make no sense; some are outright racist. I find it especially repugnant that any person who was granted U.S. citizenship by the mere virtue of being an indigenous person in the CNMI, would suggest that the foreign contract workers "did not earn citizenship" and should "follow the rules." The rules are set by the U.S. Congress, as every person in the CNMI who was granted U.S. citizenship on November 4, 1986 and every one of their children and grandchildren should know and remember.
As for those who claim they do not want to be a "minority in their own land" - I can only ask, "Have you been asleep for a few decades?" Wake up! It's far too late. When the elected leaders brought in tens of thousands of foreign workers to line their own pockets while building a false economy based on quicksand, they made the indigenous people a "minority in their own land." No one seemed to care when the money was flowing and the economy was good. In fact, voters continually re-elected the the very leaders, including Governor Fitial and Speaker Tenorio, who hired Jack Abramoff and other lobbyists to declare that the CNMI was "a petri dish of capitalism" and fought to keep the dysfunctional and abusive system so that foreigners could continue to pour into the CNMI. That rhetoric needs to be buried.
A comment made by "thehaolesays" is an excellent response to those who believe that the "locals" should have a say in deciding status for the foreign workers:
thehaolesays December 29, 2010 05:53AMThe statement illustrates why all of the CNMI Senate hearings that were held on three islands and attended by less than 1% of the CNMI to determine public opinion on what status CNMI residents proposed for foreign contract workers were not just unnecessary, but offensive.
Refresh my memory, local friends, but I'm a tax-paying mainlander, and I was just wondering when those of us paying taxes to give money to CNMI were consulted about giving you status? Because I recall that being an arrangement made directly between you and Uncle Sam.
If mainlanders were asked if we'd like to give US citizenship to some islands out in the ocean that won't pay taxes but will take our tax dollars, we would have said no.
But even though we didn't get to vote on that as tax-payers, you non-tax payers do deserve the vote, is that how you think this works?
Arguments that only specific and narrow categories of foreign workers should be given status also make little sense. I find it offensive and discriminatory to suggest that foreign workers with U.S. citizen children should be given preference to a pathway to citizenship over childless foreign workers who have lived and worked in the CNMI for as long, or even longer, than some of the foreign workers with children. Procreation should not be a requirement to be considered in granting status or a pathway to U.S. citizenship. Length of time that a foreign workers has worked and resided legally in the CNMI, and a clean criminal record should be determinants. Proposing status for only narrow groups of foreign workers such as only those with U.S. citizen children, will lead to debate about constitutionality and discrimination and could kill any proposed legislation for status.
Congressman Sablan is correct that some type of improved status will be given before November 2011. Absolutely CNMI permanent residents will gain improved status. They should have been given it decades ago! Absolutely IRs will get improved status. They can apply for it now! There is already a pathway for immediate relatives to get green cards. As far as other categories of aliens, they too will be granted a pathway to citizenship, as the Status Report from the Department of Interior recommends.
As much as Deputy Secretary Cinta Kaipat wants to believe that there are 6,500 plus "locals" ready to step into the jobs that the foreign workers now hold, she is wrong. Some of those jobs require college degrees and other require extensive training. Others require minimal training, but they carry with the job title, the promise of long hours and low wages. Just like we will never see United States citizens lining up to work in the fields to perform the backbreaking task of harvesting crops, we will never see hundreds of "locals" in the CNMI lining up to be domestic helpers, exotic dancers and masseuses.
There are over 15,000 foreign workers filling jobs in the CNMI and most of those workers have lived and worked in the CNMI for 5 or more years. The CNMI is their home. They should be given a direct pathway to citizenship. It's a win-win situation. They would be allowed to remain in the country that they has become their home, and there will be no worries about the "foreign workforce" leaving and the "CNMI economy being destroyed."
The U.S. Congress will determine status. They will consider the report from the Department of Interior with recommendations on status for the foreign workers that they mandated in the CNRA. From that report:
Response: Consistent with the goals of comprehensive immigration reform, we recommend that the Congress consider permitting alien workers who have lawfully resided in the CNMI for a minimum period of five years to apply for long-term status under the immigration and nationality laws of the United States. Statuses under the INA that could be considered include (but are not necessarily limited to):
(1) alien workers could be conferred United States citizenship by Act of Congress;
(2) alien workers could be conferred a permanent resident status leading to U.S. citizenship (per the normal provisions of the INA relating to naturalization), with the five-year minimum residence spent anywhere in the United States or its territories; or
(3) alien workers could be conferred a permanent resident status leading to U.S. citizenship, with the five-year minimum residence spent in the CNMI.
Additionally, under U.S. immigration law special status is provided to aliens who are citizens of the freely associated states. Following this model,
(1) alien workers could be granted a nonimmigrant status like that negotiated for citizens of the freely associated states, whereby such persons may live and work in the United States and its territories; or
(2) alien workers could be granted a nonimmigrant status like that negotiated for citizens of the freely associated states, whereby such persons may live and work in the CNMI only.
Precedent for the Congress granting long-term status to nonimmigrant workers was set by Public Law 97-271 (1982) when the Congress, citing its special responsibility and authority with respect to territories and the establishment of immigration policy granted the opportunity to apply for U.S. permanent residence to more than 20,000 legal, long-time (more than seven years continuous residence), alien workers in the U.S. Virgin Islands.
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More Dolores
Governor Fitial sure has a knack for placing convicted criminals, lawbreakers and "couldn't make it in the mainland" folks as cabinet members, "special" advisors and other high level, high-paying government positions.
Dolores Mendiola Aldan San Nicolas, who assisted the governor in releasing a criminal from prison to give him a massage, was criticized for her actions as commissioner of the Department of Corrections. She assisted her criminal husband's escapades in violating a court order by going to his ex-wife's property in Tinian. She gave her violent criminal husband, Vicente Aldan, weekend furloughs when she ran the DOC. The anti-federalization, Covenant Party member was also a participant in election-gate and gun-gate.
After the massage-gate scandal, Fitial removed her as the head of the Department of Corrections and named her his special political advisor. What does she actually do in this position? What kind of credible or meaningful advice could she possibly give?
Now Aldan has filed for Chapter 7 bankruptcy. She reportedly owes creditors a whooping $329,226.07. The Saipan Tribune reported:
Among her biggest creditors are Personal Finance Center, from whom she owes over $93,000; GC Service Limited Partnership Collection Agency in Houston, $35,587.07; Marian Milne, $34,000; and Wells Fargo Financial, $28,000.When I read about the outstanding wages she owed, I wondered what judge would allow her to cheat a worker and walk away from that debt? I am not sure, but in September 2010, the CNMI Department of Labor ordered San Nicolas to pay her former domestic helper, Chona De Leon Manalac, $6,395.31 in unpaid wages. Seems San Nicolas violated the law by paying her maid only $300 a month instead of minimum wage.
The other creditors are Gold's Gym, from which she owes $1,600; Countrywide Homeloan in California, $32,000; MGC Mortgages in Texas, $31,759; Student Loan Corp., $28,780; attorney Mike White, $4,200; attorney Joshua Berger, $18,000; SARS Co., $15,800; and $6,500 for a Labor case.
Aldan claimed to have personal property totaling $50,500, including $50 cash at hand. She did not list any real property.
I wish the employee luck in collecting the back pay. If she doesn't have an attorney, she should hire one and sue San Nicolas forcing her to sell her $50,500 in property to pay the debt. For decades the CNMI DOL has issued administrative orders declaring that the employee owes the foreign worker wages, but they have turned out to be meaningless pieces of paper that are not enforced. The $6.1 million documented administrative orders that have gone unpaid testify to the routine government-back theft of wages from foreign workers.
A governor in any other U.S. state or territory would terminate a high-level employee if he/she broke the law. It's doubtful that Governor Fitial will. He'll probably give her a raise so she can pay off some of her debts.
DeLay Delay
The sentencing of former House Majority Leader Tom DeLay has been delayed. He was found guilty of money laundering and conspiracy to commit money laundering in November 2010.
His attorneys claimed they had a conflict on the scheduled sentencing day so his sentencing will likely take place in January 2011.
On the conspiracy charge, DeLay faces a sentence of two to 20 years in prison and five to 99 years or life in prison on the money laundering count. As a convicted felon, DeLay will not be able to run for office again and cannot vote until after his sentence is finished. The minimum sentence he could receive would be five years probation.
Fifty or more years behind bars would be fair. His power-hungry actions manipulated the Texas congressional redistricting process by putting Republicans in control in the Texas House. As a result, the newly drawn congressional districts sent more Texas Republicans to the U.S. House of Representatives in 2004 pumping up DeLay's power as House majority leader. Such an act is not just illegal and unethical, but violates public trust.
Too bad the judge can't punish him for all of the corrupt acts he got away. DeLay is also responsible for delaying federalization, which resulted in the abuse and suffering of thousands of foreign contract workers in the CNMI. The smug Dancing with the Stars contestant needs to be practicing the jailhouse rock.
Fitial Trip
Why would Governor Fitial want to attend the inauguration of CNMI Delegate Gregorio (Kilili) Sablan and why would Congressman Sablan even invite him? The governor has unjustly and relentlessly attacked Congressman Sablan since he was elected. He not only backed Covenant Party candidate Joseph Camacho who ran against Sablan, but was involved in sponsoring questionable events for the candidate, which were said to violate NMI and federal election laws.
The Saipan Tribune reported that Governor Fitial will be in Washington, DC "early next year" to meet with DHS Secretary Janet Napolitano. Maybe the governor wants an excuse to extend and legitimize his trip to Washington, DC that will deplete more funds from the near empty CNMI coffers.
What's happening in Washington, DC in January? Congressman Sablan's inauguration is January 5th. The Republican National Committee will elect its Chairman on January 15th. On January 3rd Grover Norquist (Abramoff and Fitial pal), from the Americans for Tax Reform will host a candidates forum for the RNC Chair.
In recent weeks Fitial has announced he wants to return to "his" party, the Republican Party. Fitial, once a leader of the CNMI Republican Party, left the party in 2001 to form the Covenant Party. Something is up besides airplanes.
UPDATE: Looks like Congressman Sablan will hold his swearing-in ceremony on Saipan to allow his constituents to be part of the event. Now let's see if the governor shows!
Pedophile Paroled from CNMI to Continue Sexual Assaults
The flawed law enforcement system in the CNMI has been recorded from the Halls of the U.S. Congress to the national and international press. When dangerous criminals are allowed to run free it is inevitable that more innocent people will fall victim to the predators. Isn't it time that that the system be reformed?
The parole of pedophile Michael James Dodd is just one example among hundreds of unwise decisions made in CNMI cases. In 2001 Dodd taught as a reading specialist at Olepei Elementary School in Saipan where he was accused of molesting numerous young students. In 2002 he was charged with 12 criminal counts and pleaded guilty to five. Prosecutor AAG Kevin Lynch argued for 20 years, but CNMI Superior Court Judge Edward Manibusan sentenced Dodd to 10 years in prison and a $5,000 fine in his July 2002 order. Dodd was paroled on May 15, 2006 after serving less than half of his sentence. His parole stipulated that he leave the CNMI.
Dodd's trail of sexual abuses runs from Saipan to Guam to Florida, to New York to Cambodia. If the CNMI judicial system had kept the pedophile in jail where he belonged, other victims could have been spared. In 2009, sexual tourist Dodd accepted a teaching position in Cambodia where he "rented" a 14 year old child from her mother for $100 a month to sexually molest her. He also admitted to sexually abusing other minors in Cambodia.
Pedophiles like Dodd go to Cambodia and other third-world Asian countries to employ a technique called "grooming" where they pay impoverished families to rent their children sexually abuse them. Dodd's 14-year-old victim was shunned by her family after the mother "got in trouble" for the disgusting deal she made with devil-Dodd.
The victim's mother was sentenced to 10 years in prison in Cambodia for aiding in the sexual abuse of her daughter. Dodd was also sentenced to 10 years prison time in Cambodia, but served only 16 months before he was expelled from the country. He was picked up by the FBI's Sexual Assault Felony Enforcement Team when he re-entered the U.S. He was charged under the PROTECT Act of 2003, which prohibits child sex tourism for United States citizens, even if their crimes were committed in other nations.
Last week a Los Angeles judge who heard Dodd's case, declared that it was "one of the most disgusting cases that have come before this court." Yet he sentenced Dodd to only 104 months in federal prison, $9,500 in restitution, and 10 years supervised release. The sentence was light because understandably the child did not want to travel to the U.S. to testify. The judge wanted a jury trial and said he would have given him life in prison had the plea agreement not be arranged.
A press release from the FBI/USDOJ stated:
World Vision, the international Christian humanitarian organization, assisted the FBI and the U.S. Attorney’s Office in its investigation of Dodd. The agency’s staff in Phnom Penh provided medical care, trauma counseling and vocational training to one of the girls Mr. Dodd sexually abused.
“The trafficking and abuse of children are among the greatest crimes of injustice – whether in the U.S. or half a world away in Asia,” said Shirley Lew-Lee, legal counsel for World Vision International. “However, as demonstrated in Mr. Dodd’s case, collaboration between law enforcement agencies and humanitarian organizations is an essential and highly effective strategy in bringing perpetrators of these crimes to justice."
Losing Bet
Why would an elected official continue to propose raising revenue for empty coffers with a plan that has "sure to fail" stamped all over it? Only because he is expecting a kickback or has some other self-serving interest in the venture. Speaker Froilan Tenorio is once again proposing introducing a casino bill that has continually been rejected by the Senate. If passed it will put money in the pockets of only the few people making deals with the investors.
The CNMI's one casino is dying a slow death. In 2008 the Tinian Dynasty was virtually empty and a large curtain divided the casino. Employees explained that the electricity bill was enormous and the curtain was an attempt to shrink the casino's size. The hotel and casino appealed to the CNMI government to forgive their debt of $310,000 that is owed to the Commonwealth Ports Authority. While the Tinian Dynasty pays "locals" every pay period, the foreign workers are now 4 weeks behind on their pay. The Dynasty has a huge 10 year tax break granted by the Commonwealth Development Corporation. Does this sound like a way to raise revenue? How can revenue be raised with casinos that are awarded hefty tax breaks and gasp to stay alive?
What's worse is that Tenorio is attempting to blackmail fellow legislators into accepting his casino proposal saying:
“If anybody thinks we will approve any increase in taxes, business license and other fees — they can just forget it, because we are not going to approve them in the House,” he said.Forget any sensible revenue-raising proposals coming from the Speaker.
He added, “If we are going to address our fiscal problems, the casino bill is the only way to do it.”
Tenorio said the governor can easily “persuade” the senators to pass the casino bill.
“He should just start laying off people from Tinian and Rota,” he added. The two islands, which have casinos, have six seats in the nine-member Senate.
“We don’t have enough money so lay off employees on Tinian and Rota,” the speaker said. “Shut down those municipal councils over there because they are not doing anything.”
For years lawmakers have known the need to increase revenue, but have failed to act. They watch as the debt and suffering increases. No wonder the Governor has failed to make a constitutionally-mandated State of the Commonwealth address.
The People's President
December 21, 2010
Despite all of the propaganda, distortion, put downs and hate-radio promoted untruths about President Obama, the fact is that our President has kept promises. You wouldn't know it to listen to the media, but there are many who recognize the president's accomplishments and appreciate his contributions to our country.
(Go to this link to see the video in full screen. The embedded version cuts off the right side!)
More Fitial Takes
Denial and Secrecy
Fitial claims that he disagrees with the report issued by the Office of the Public Auditor, claiming that "this thing has gone overboard." What does anyone expect from a governor that excuses his driver from drug trafficking in his vehicle, from releasing his masseuse from prison to give him a massage, from hiring convicted felons?
Former Rep. Tina Sablan is rightly calling for disclosure and asking the governor and OAG to release the findings of the report that is based on an investigation of violations of CNMI election and ethics laws in the 2010 election.
If you want to see justice in this case; want to end the decades of fraud and cheating in CNMI elections; and would like to see the OAG, Buckingham, the DPS and Ogumoro be held accountable for violating the Hatch Act, you can take action. Contact the Office of the Special Counsel and ask them to request a copy of the secret report that the OPA refuses to make public. Several people filed Hatch Act complaints against Buckingham and Ogumoro and perhaps this report is significant to their own investigation. Contact information:
Hatch Act UnitNo Reunion
U.S. Office of Special Counsel
1730 M Street, N.W., Suite 218
Washington, D.C. 20036-4505
Tel: (800) 85-HATCH or (800) 854-2824
(202) 254-3650
Fax: (202) 254-3700
Requests for Hatch Act advisory opinions (only) may be made by e-mail to: hatchact@osc.gov
While Fitial and Inos seemed to have kissed and made up, that's not the case between Fitial and the CNMI Republican Party where he once held a leadership position. Republican Party leaders denounced Fitial's idea for a "merger" of the Covenant and Republican Parties and cancelled a scheduled meeting.
The governor gave this arrogant statement to the Saipan Tribune:
“I was the one who made the Republican Party very strong. Now that I have already accomplished my mission in becoming a governor under the new Covenant Party, it's time for me to go back and take care of my party.”
“Unless the general membership declares I am a persona non grata to the Republican Party and therefore I should not be accepted back to my party. That is very very unlikely to happen.”
“We have a lot of Republicans who are only Republicans for convenience.”
“When it's not good for them they will not support the party. So when it's good for them, they support the party. So I want to make sure that those kinds of Republicans will not exist when I go back to the Republican Party,”Hysterical! This man leaves the Republican Party to push his self-serving agenda to run for governor and then has the audacity to say, "When it's good for them they support the party." "Those kinds of Republicans?" Like the governor? He needs to look in the mirror!
The political parties in the CNMI are based more on personalities and self-serving agendas and their ideals are not typically aligned with those of the national political parties of the same names.
Fireworks at Tinian Dynasty
December 20, 2010
Anyone with a conscience would boycott the Tinian Dynasty's New Year's Eve fireworks display, but Tinian Mayor Ramon Dela Cruz has announced that people should attend. The municipality can't afford their own display, so he wants residents of Tinian to attend the celebration at the Tinian Dynasty. The Saipan Tribune quoted him:
“We decided to hold off any grand fireworks display for the New Year celebration because we can't afford it. I know that Tinian Dynasty will put together a bash strictly for the celebration, so we just encourage our people to join in the said event at the hotel's lobby.”People! The Tinian Dynasty cannot afford to sponsor a New Year's Eve bash either! The mayor knows that the casino is struggling. In fact, if he reads the newspapers, he should know that the business owes its foreign workforce hundreds of thousands of dollars. What is he doing about that?
With just a few days before Christmas, I have been informed that the management of the Tinian Dynasty owes foreign workers pay for up to 5 pay periods, or salary for ten weeks.
After I publicized the fact that the management is not paying the foreign workers, the local CNMI press picked up on the story and a check for the October 9 to October 22, 2010 pay period was released. One might think that they would have been paid all of their unpaid wages after the publicity, but according to foreign workers, they have not.
The foreign workers at the casino and hotel continue to state that the "local" and IR employees are receiving their pay checks while they are going hungry and unable to pay bills. Both the discrimination and unpaid wages was reported, but it continues.
Despite the fact that the workers are not being paid, Tinian Dynasty manager Alfred Yue, lied to the press by claiming that the company was "one month behind in payment, not two." Again, the fact is that workers are owed wages for five pay periods. Yue is the Grinch that is stealing Christmas from hundreds of foreign workers.
Yue is not only a Grinch, he is also a human trafficker. Several years ago, I interviewed his victim who was held as a virtual slave and beaten. From my 2007 CNMI Status Report:
I interviewed the one Chinese victim of human trafficking for labor. She lived in the shelter for over two years and was, in fact, the shelter’s first victim. She was recently given a T-visa (special U.S. visas given to victims of human trafficking) and will be leaving for the states to an undisclosed location within weeks.In 2009, the lawsuit was settled between the rich manager, his mistress, the company and the victim. There appears to be an established pattern involving this "manager" and serious labor abuses. It seems that the enforcers with power within the CNMI are ignoring this situation or are slow to react. (Ten weeks without pay and growing!) I will contact federal officials including some in Washington, DC to see what can be done to get these workers paid.
When she entered the room, I was struck by her grace and dignity. This woman who had been a kindergarten teacher in Yanji City in Jilin Province of the People’s Republic of China, had been a slave in the CNMI. She came to Saipan from China in December 2004. She was recruited by Zhang Jian Hua, the mistress of Alfred Yue, the general manager of the Tinian Dynasty Hotel and Casino. She was hired to be a babysitter for their infant child. Her contract, a standard CNMI labor contract, stated she would work as a waitress at the casino, but it was in English and the woman did not understand it. She served the mistress in China by babysitting for her child for a month before she was actually hired, a test drive of sorts.
The employee arrived on Saipan in late December 2004. The woman worked 20 or more hours a day, not just as a babysitter, but also cleaning the apartments rented by her employer, and cleaning the Echo Karaoke Bar late in the evening after it closed. She shared a room with several prostitutes from the bar, the brother of her employer, and his girlfriend. When she complained about not being paid or about the long hours she was forced to work, they beat her. Twice she was beaten unconscious. She was paid $255 for the entire five months she worked on Saipan.
In May 2005, when she complained about not being paid, she was again severely beaten. The employer forced her to sign a statement that she was a bad employee, abused the child under her care, and owed money to her employer. Zhang Jian Hua claimed she owed money for the airline ticket, and for recruitment fees. The employer wiped lipstick on the victim’s thumb and made her put her thumbprint and signature on the statement that was written on a sticky note.
Bleeding and shaken, the woman managed to escape to a nearby road. An American passerby called the police who took her to the emergency room, and then to Guma Esperansa. The CNMI Attorney General’s Office managed to file only one charge against the employer for assault and battery. The employer served only 16 days in jail, for 8 hours each day. She was released each evening because she had a child.
While the CNMI government failed to file human trafficking and other charges, the woman’s attorney Mark Hansen, filed a civil suit in U.S. District Court against the employers charging human trafficking, unpaid overtime compensation, unpaid minimum wage, breach of contract, fraud, battery, intentional infliction of emotional distress, false imprisonment, and negligence.
See also:
Unpaid Wages
Unlucky at the Casino
Dream Dies
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| Dreamers rally in Orlando, Florida. Photo by W.L. Doromal ©2010 |
December 19, 2010
It's a sad day for our country when Senators kill the dreams and future of innocent children. The Latinos, the immigrants, the advocates, the religious leaders, the educators and compassionate Americans who support basic human rights of children will remember those who voted to kill the DREAM Act and the few who crossed partisan lines to vote in favor of it: Bennett, Utah; Lugar, Ind.; Murkowski, Alaska.
President Obama's comments on yesterday's vote:
In an incredibly disappointing vote today, a minority of Senators prevented the Senate from doing what most Americans understand is best for the country. As I said last week, when the House passed the DREAM Act, it is not only the right thing to do for talented young people who seek to serve a country they know as their own, it is the right thing for the United States of America. Our nation is enriched by their talents and would benefit from the success of their efforts. The DREAM Act is important to our economic competitiveness, military readiness, and law enforcement efforts. And as the non-partisan Congressional Budget Office reported, the DREAM Act would cut the deficit by $2.2 billion over the next 10 years. There was simply no reason not to pass this important legislation.
It is disappointing that common sense did not prevail today. But my administration will not give up on the DREAM Act, or on the important business of fixing our broken immigration system. The American people deserve a serious debate on immigration, and it’s time to take the polarizing rhetoric off our national stage.
I thank Senators Durbin, Reid, and Menendez for their tireless efforts. Moving forward, my administration will continue to do everything we can to fix our nation’s broken immigration system so that we can provide lasting and dedicated resources for our border security while at the same time restoring responsibility and accountability to the system at every level.
Dangerous Threats From North Korea
Despite North Korea's threat to retaliate, South Korea and the United States are going ahead with their planned military drills on Yeonpyeong Island near North Korea.
On November 23, 2010 North Korea launched an attack the killed four people on the island.
North Korea issued a statement that said it "will deal the second and third unpredictable self-defensive blow to protect its territorial waters and that it will be deadlier than what was made on November 23 in terms of the powerfulness and sphere of the strike."
The North Korean foreign ministry harshly warned:
"If the South Koreans dare to carry out the live-fire drill and cross the line, the situation in the Korean peninsula will explode and a disastrous outcome cannot be avoided."Bill Richardson, former U.S. ambassador to the United Nations and current governor of New Mexico is in North Korea on a mission to ease the conflict on the tense peninsula. He qualified the situation as a "tinderbox."
"We have already declared that we will punish mercilessly without hesitation provokers who invade our sovereignty and territory. Our military does not speak empty words."
"This shows America will not hesitate to bring one country's peace and stability into chaos."
"We will deal and calculate with America accurately on all extreme incidents and consequences on the Korean peninsula."
While Russia and China are calling for cancellation of the military exercises, the U.S., Japan and South Korea are committed to proceeding.
This seems like an extremely dangerous game that could explode into outright war. Better to seek peace and agreement through negotiations.
DREAM Act Vote in Senate Today!
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| DREAMER Orlando, FL December 2010 Photo by W. L. Doromal ©2010 |
December 18, 2010
The U.S. House of Representatives passed the Development, Relief and Education of Alien Minors Act (DREAM Act) on December 8, 2010. The Senate will vote on it today. All month immigrant, human rights and justice group have been working to get the needed 60 votes to pass the bill. Education and religious groups are also calling for the bill's passage, which would provide a pathway to citizenship for undocumented children of immigrants who were brought to the United States by their parents when young.
Thousands of calls have been made to fence-sitting Senators urging them to support the bill. (Florida Senator George LeMieux 's staff needs to clean up his voice mailbox. For two days they have not answered the calls and the message is that the mailbox is full.)
President Obama, Education Secretary Arne Duncan and DHS Secretary Janet Napolitano are urging passage of the bill. Secretary Duncan said, "DREAM Act students are in a bind. It goes against the basic American sense of fairness to punish children for the choices of their parents." Exactly!
UPDATE: Dream Act Failed
A 55-41 vote defeated the chances for the DREAM Act. Democrats voting no: Pryor (Ark) Tester (Mont.), Nelson (Neb.), Hagan (NC), Baucus (Mont.). I deeply regret that I campaigned for Tester.
How's that bipartisan cooperation working out? Pretty good for the rich, not so well for the middle class, poor and those who support social justice.
NMPASI Granted Access
It's sad and rather pathetic that the Northern Marianas Protection and Advocacy Systems Inc. (NMPASI) had to sue Department of Community and Cultural Affairs Secretary Melvin Faisao to gain rightful access to the Juvenile Detention Center.
A pre-trial conference and motion hearing was held on December 16, 2010. At the beginning of the hearing a letter from DCCA Secretary Melvin Faisao was presented to the court. It simply stated:
Dear Mr. Holley:
It is my understanding that the Northern Marianas Protection and Advocacy Systems, Inc. (NMPASI) would like access to the Juvenile Detention Unit (JDU). In particular, NMPASI would like access to JDU detainees to determine if they are in need of NMPASI services. You may have access to the JDU subject to the provisions of 42 USC P 10801, et seq.; 42 USC 6 15001, et seq. and 29 USC 6 794e, et seq. Please coordinate with our legal counsel, Assistant Attorney General James T. Mitchell.It seems that the OAG finally figured out that they had no case so they had Faisao submit the letter in an attempt to have the case dismissed. That move was rather late. The defendant claimed that the letter "mooted the lawsuit" and a motion was made to dismiss it "based on "lack of case or controversy."
The judge denied their motion, writing in his order:
"The letter provided by Defendant, while a heartening show of goodwill, does not have the effect of law and could be withdrawn or ignored the moment that this lawsuit was dismissed. If the letter is ignored, the same injury would be repeated. Second, the injury complained of, lack of access, is of extremely limited duration, so it would always be moot before litigation was complete."The judge's order lays out requirements to ensure ongoing compliance. NMPASI will be issued access to the juvenile detention center to investigate any allegations of abuse and for educational/training. The judge ordered:
NMPASI shall be provided two types of access to the JDU, investigations and educational/training. Investigations relate to allegations of abuse and neglect if reported to NMPASI. This access includes access to all residents of JDU as well as records relating to those residents determined to have a mental illness or developmental disability and other disabilities. NMPASI staff has legal authority to review records of a resident when a complaint has been received or there is probable cause to believe that a resident has been subject to abuse or neglect. NMPASI has no general right of access to a resident’s records. NMPASI shall be given the opportunity to meet with clients without JDU staff or their agents or affiliates present. NMPASI will have the right to enter without previous notice for investigations, but should attempt to make visits during normal business hours. If NMPASI staff is gaining access for investigative purposes, it should so state.
For educational and training, NMPASI shall be provided access to residents and staff as well as all areas of the JDU accessible to residents. NMPASI is authorized to inspect and photograph all areas accessible to residents. Photographs may only be taken to document evidence of suspected abuse or neglect of a resident. NMPASI staff may be accompanied by a JDU staff member while inspecting the facilities, but NMPASI shall have reasonable, unencumbered access to residents. NMPASI shall give 24 hour notice of their intended visit and only conduct educational/training visits during business hours.The judge ordered that the defendant had to pay statuatory costs arising from the lawsuit. So once again, because the administration refused to do the right thing, the taxpayers will pay.
I agree with NMPASI Attorney Matt Holley that the matter could have been resolved without going to court. How cruel that DCCA would block access to NMPASI denying children with disabilities federally-mandated assistance.
The DCCA has not been providing the required educational classes for the juveniles being held in the juvenile detention center. Additionally, a guard has been charged with the sexual assault of three minor children being held in the center. It appears that the administration has unqualified political appointees running and working in this agency, as is their practice.
It will be interesting to see what else NMPASI uncovers at the center. I am just glad that the children will be given the advocacy and protection that they deserve and will be ensured essential services.
USCIS Final Rule for CNMI Nonimmigrant Investors Issued
The USCIS is formally releasing the Final Rule for CNMI-Only Investors on Monday, December 20, 2010. The rule was scheduled to be released in July 2011, but was delayed. By reading the USCIS Final Rule, which includes background and supplemental information including changes from the proposed rule and an explanation of their consideration of comments, it is obvious that a great deal of consideration and thought was used in creating the final rule.
The rule becomes effective 30 days from the date it is published in the Federal Register.
Their press release:
USCIS Update Dec. 17, 2010
USCIS Issues Final Rule for CNMI-Only Investor Program
Rule provides status for eligible long-term investors
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today posted a final rule in the Federal Register that creates a nonimmigrant investor visa classification in the Commonwealth of the Northern Mariana Islands (CNMI). The “E-2 CNMI Investor Visa” allows foreign long-term investors to reside in the CNMI through December 2014. Petitions for the E-2 CNMI Investor classification will be accepted beginning Jan. 18, 2011. Petitions received prior to Jan. 18, 2011, will be rejected.
Authorized by the Consolidated Natural Resources Act (CNRA) of 2008, the E-2 CNMI Investor Visa will be issued for two years, is renewable, and is valid only in the CNMI. The investor’s spouse and children may also apply for status as dependents of the investor.
Long-term investors are individuals with certain CNMI-issued investor permits that required a fixed minimum investment amount and whose permits can be renewed over a period of multiple years. Investors eligible for the E-2 CNMI Investor status include:
- Long-term business investors;
- Foreign investors; and
- Retiree foreign investors.
- Have been admitted to the CNMI with a long-term investor visa under CNMI immigration law before Nov. 28, 2009;
- Have continuously maintained residence in the CNMI with long-term investor status;
- Currently maintain the investment(s) that formed the basis for the CNMI long-term investor status; and
- Otherwise be admissible to the United States under the U.S. Immigration and Nationality Act (INA).
For more information and announcements in regards to CNMI, please visit the CNMI Web page at www.uscis.gov/cnmi.
– USCIS –
The Question and Answer Sheet clearly explains the rules and application:Some Main Points
The USCIS estimates that there are 500 individuals in the CNMI who qualify for E-2 CNMI Investor visas under this rule. Foreign nationals lawfully admitted under the CNMI short-term business entry permit or the regular-term business entry permit categories are not eligible because these permits are not long-term and they do not require investments.
USCIS stated: "Individuals with short-term and regular-term business entry permits will not be eligible to obtain the E-2 CNMI Investor visa and therefore must depart the CNMI at the expiration of their CNMI issued status or Nov. 27, 2011, whichever occurs first OR apply for and obtain another immigrant or nonimmigrant classification under the INA that permits them to remain in the CNMI."
This rule is a CNMI-only transitional regulatory provision and will expire in December 31, 2014. By the end of the transition period the investors are required to get another USCIS immigrant or nonimmigrant visa or must depart the CNMI. This rule will not be extended. The Secretary of Labor can only extend the CNMI-only worker rule.
Individuals can apply for the status between January 18, 2011 and January 18, 2013.
Dependents (spouse and children) of investors can apply for dependent status under this rule.
Certain investor statuses qualify. Qualifying individuals have to have been admitted to the CNMI in long-term investor status under CNMI immigration law before November 28, 2009. They are:
- A long-term business investor who was issued a long-term business certificate by the CNMI based upon an investment of at least $50,000;
- A foreign investor with a foreign investment certificate issued by the CNMI based upon an investment of at least $100,000 in an aggregate approved investment in excess of $2 million or at least $250,000 in a single approved investment; and
- A retiree investor over the age of 55 years who was issued a foreign retiree investment certificate based upon a qualifying investment in an approved residence in the CNMI (but not including the two-year non-renewable retiree investor program limited to Japanese nationals).
The USCIS explained, "The CNMI permit for the two-year program for Japanese retirees is nonrenewable and only requires monthly rental payments rather than long-term investment."
Additionally, retirees are not issued work permits. The USCIS stated, "Entering the CNMI as a “retiree” is inconsistent with obtaining employment."
Additionally, retirees are not issued work permits. The USCIS stated, "Entering the CNMI as a “retiree” is inconsistent with obtaining employment."
The E-2 CNMI investor visa does not allow the holder to travel anywhere in the U.S. including Guam. Permission for travel would have to be obtained under another visa. Violation would result in deportation.
An investor could also lose status if the investment is not maintained or if he/she does not maintain continuous residence in the CNMI. USCIS explains continuous residence:
An investor could also lose status if the investment is not maintained or if he/she does not maintain continuous residence in the CNMI. USCIS explains continuous residence:
“Continuous maintenance of residence in the CNMI” means residence in the CNMI from the date that an individual obtained his or her CNMI status through the date on which USCIS grants the new E-2 CNMI Investor status. This is not the same as continuous physical presence; therefore, an investor does not need to remain in the CNMI for the entire period in order to have maintained continuous residence. The rule provides, however, that an investor must be physically present in the CNMI for at least half the time for which continuous residence is required. Additionally, an individual will not maintain continuous residence if he or she leaves the CNMI for more than one year or leaves the CNMI for more than six months and cannot demonstrate that he or she did not abandon his or her residence by this absence.
Thirteen comments were received by USCIS concerning this rule.
The rule is appropriate for the transition to the rules under the INA.
Read the in-depth explanation, analysis and consideration of comments, and final rule:
ILLEGAL DOL PLAN
Department of Labor Deputy Secretary Cinta Kaipat announced that 6,500 jobs will be vacated by foreign workers next year and should be available to locals. Really? These workers are leaving their jobs? Where did this information come from?
Kaipat stated that the available positions include 606 housemaids. So she thinks that "locals" will accept the low paying housemaid positions?!
It get s better. The Marianas Variety reported:
It get s better. The Marianas Variety reported:
The other positions are for accountants, 357; maintenance and general repair staff, 345; general and operation managers, 330; janitors, 237; waiters and waitresses, 188; supervisors and office administrative staff, 175; restaurant cooks, 164; chefs and head cooks, 151; nurses, 143; laborers and farm workers, 127; masons, 116; and massage therapists, 94.So there are magically going to be 6,500 "locals" who qualify to fill such positions as nurses, cooks and chefs and even massage therapists? Or 6,500 locals who would want to fill any of the positions.
According to Labor, of the 6,510 jobs, 1,904 require only a high school diploma and up to a few months of training.
2,237 jobs require an associate degree and one to two years training and experience.
1,033 jobs require a four-year bachelor’s degree and several years of experience and only 77 require a master’s degree, a Ph.D, an M.D. or law degree and adequate experience and training.
What is more incredible is that her plan is illegal. It seems that she is getting her numbers by estimating when the foreign contract workers' contract will expire. The employers may opt to renew their loyal and well-trained foreign workers. Kaipat seems to imply that employers will have to re-advertise and will be forced to take locals. Local preference is illegal under federal law.
The Variety reported:
Vice Speaker Felicidad T. Ogumoro, Covenant-Saipan, said there is an urgency to train locals for jobs currently held by nonresidents.
“We are trying to see where everybody is now in terms of developing a skilled local labor force. We will take a look at the jobs that are immediately needed to make sure that we are together in this effort so that we understand the priorities before we can resolve critical manpower needs,” she said.
The bottom-line, she added, is to make sure that U.S. citizens are the priority for any job vacancy, and to be able to do that, “we need to train them well.”The bottom line is that it is illegal to give U.S. citizens priority. Someone needs to clue in the deputy secretary and vice speaker.
Kaipat also suggested that employers won't re-advertise "vacant" positions. Do they have to do this under federal law or can they simply renew the foreign worker by completing proper paperwork?
Here is what federal law says regarding U.S. citizen job preference and job discrimination:
Title VII
Title VII prohibits not only intentional discrimination, but also practices that have the effect of discriminating against individuals because of their race, color, national origin, religion, or sex.
National Origin Discrimination
It is illegal to discriminate against an individual because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group.
A rule requiring that employees speak only English on the job may violate Title VII unless an employer shows that the requirement is necessary for conducting business. If the employer believes such a rule is necessary, employees must be informed when English is required and the consequences for violating the rule.
The Immigration Reform and Control Act (IRCA) of 1986 requires employers to assure that employees hired are legally authorized to work in the U.S. However, an employer who requests employment verification only for individuals of a particular national origin, or individuals who appear to be or sound foreign, may violate both Title VII and IRCA; verification must be obtained from all applicants and employees.
Employers who impose citizenship requirements or give preferences to U.S. citizens in hiring or employment opportunities also may violate IRCA.
Additional information about IRCA may be obtained from the Office of Special Counsel for Immigration-Related Unfair Employment Practices at 1-800-255-7688 (voice), 1-800-237-2515 (TTY for employees/applicants) or 1-800-362-2735 (TTY for employers) or at http://www.usdoj.gov/crt/osc.
These announcements and statements that support breaking federal law are becoming quote common place and quite tiresome. Why can't the USDOJ or USDOL investigate the CNMI DOL and put a stop to this type of announcement or at least publicly refer them to the law?
Public Auditor Says Report on Election Violations "Confidential"
The CNMI Office of the Public Auditor has released a report on the improprieties and violations of Attorney General Buckingham and the OAG that were committed during the last election. AG Buckingham used the office to campaign for Covenant Party candidate Joseph Camacho, urging personnel to attend a campaign activity at the governor's house in August 2010. (Read more at Election-Gate.)
Complaints stated that the AG violated the CNMI Election Reform Act of 2000, and the Commonwealth Ethics Code Act of 1992.
The report was not released to the public, but only to Governor Fitial, the Lt. Governor and the OAG. Public Auditor Michael Pai claims that the report is confidential and that the OPA cannot comment on it.
The Saipan Tribune reports:
Acting press secretary Teresa Kim separately confirmed the governor and lieutenant governor's receipt of a report “but it's marked confidential pursuant to 1CMC7849” and as such, the report's content cannot be shared at this time.The report should be made public. Hopefully, Congressman Kilili Sablan who asked for the investigation will also receive a copy of the report and publish it. If not I am certain there will be OGA requests filed.
The CNMI laws are not available online so I have no idea what 1 CMC7849 states.
Buckingham is reportedly on vacation until January 2011, while Governor Fitial is in Palau for a summit with his loyal Covenant Party entourage.
In addition to the investigation by the OPA, the US Office of the Special Counsel is investigating these violations and similar election violations committed by the Department of Public Safety.
Reunited
Governor Benigno Fitial and Lt. Governor Eloy Inos are friends again according to the headlines in the local papers.
Press Secretary Angel A. Demapan, said that the pair "met over the weekend to talk things over."
The story lines read like a Hollywood entertainment paper's scoop on a couple who has been having an off again, on again relationship. But no, this isn't about a couple of actors, the story is about the CNMI's two highest elected officials.
It was reported that they even attended a cabinet meeting together and the dynamic duo vowed to "cooperate and work together." According to Press Secretary Demapan:
“As we approach the holiday season, the governor and lt. governor are determined to embrace the spirit of the season with renewed hope and faith in carrying out their commitment to serve the people of the CNMI.”Best of luck to the happy couple, but it will likely take many holiday seasons to correct the damage that has been done by this administration.
Labels
"What's in a name? That which we call a rose
By any other name would smell as sweet." Shakespeare
More often than not, the ideals of the CNMI Republican and Democratic Parties do not align with those of the national parties. Of course, every political party anywhere is fluid and changes over time, but the CNMI political parties change like the tide. Many of them were created on quicksand foundations.
The emergence of new political parties in the CNMI, like in the mainland, evolve when someone's quest to seek power; push their own self-serving agenda (think casinos or awarding sole-source contracts); or desire to be elected to office is rejected by the traditional parties. Rejection and the race for power has led to the formation of new CNMI parties as the Apple Party (Rota 's Joe Inos), the Reform Party (Saipan's Froilan Tenorio) or the Covenant Party (Benigno Fitial and Eloy Inos).
Former Republican National Committee member, Norman Tenorio thinks its a good idea for the Covenant Party to "merge" with the CNMI Republican Party. “When you are in Washington and you’ll say you are a Covenant Party member, nobody there knows what the Covenant Party is. But when you say you are a Republican, you have clout,” says Tenorio.
Wrong. People in Washington, DC who are involved in decisions that affect the CNMI know all about the Covenant Party. That includes members of Congress, staffers, and personnel within the Departments of Justice, Labor, Interior, State, GAO, and Homeland Security. They correctly associate the Covenant Party with Governor Fitial and his administration. In Washington it stands for alliances with Jack Abramoff and other lobbyists, scandals including massage-gate, election-gate, gun-gate, furlough-gate, and parole-gate, pardoning and employing felons, condoning and excusing labor abuses, dysfunction, bankruptcy, and failed pension plans.
Anyone is free to join or leave any political party. Fitial's announcement to merge the Covenant and CNMI Republican Party seemed more like a takeover plan than the merger that he claimed he wanted. If he wants to quit the Covenant Party that he co-founded, then I am sure some Republican Party members think he should quit and start anew in the established Republican Party at the bottom rung of the ladder.
Does it really matter what party he belongs to? He used the Covenant Party to push his corrupt agenda. Now after every campaign promise has evaporated and his political agenda has imploded resulting in a social, economic and political disaster in the CNMI, Fitial wants to abandon ship.
Some other opinions on the suggested merger:
Merger or not, the only political action that will cure the ills of the CNMI are those that serve all of the residents.
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