Senate weighs Yumul expulsion

The Senate leadership now weighs expelling as early as Tuesday one of its own—floor leader Ray Yumul (Ind-Saipan)—over what they say is Yumul’s violation of a constitutional provision by not resigning as a senator upon Wednesday’s certification of his candidacy for lieutenant governor in the Nov. 4 general elections. Yumul instead filed for “personal leave” effective today.

“We hope it won’t reach that point when he will be voted for expulsion. We would have wanted for him to have a graceful exit,” Senate vice president Victor B. Hocog (R-Rota) told Saipan Tribune yesterday.

Hocog, chairman of the Senate Committee on Rules and Procedure, confirmed that the nine-member Senate could have a special session on Tuesday, only to tackle Yumul’s standing as a member of the 18th Senate.

As of close of business yesterday, Yumul has not submitted a resignation letter to the office of Senate President Ralph Torres (R-Saipan).

Article 8 Section 5 of the NMI Constitution reads, “Resignation from Public Office. An elected public official shall resign from office upon certification to be a candidate for another public office, if the term of the office sought begins before the end of the term of the office held.”

Yumul, who was elected senator in 2012, is now a certified independent candidate for lieutenant governor in the Nov. 4 general elections. He is running with former House speaker Heinz S. Hofschneider.

Torres, the current Senate president, is also running as lieutenant governor under the Republican Party. Unlike Yumul, Torres’ term as senator expires in January. Torres’ running mate is Gov. Eloy S. Inos.

“The Constitution takes precedence over politics,” Hocog said.

Hocog said the Senate could not just sit idle and continue to allow a constitutional violation.

Sen. Pete Reyes (Ind-Saipan) earlier told Saipan Tribune that he hopes Yumul would “do the right thing.”

For days now, Yumul has not been responding to calls and texts for an interview regarding his standing at the Senate. His office on Capital Hill remains open as of yesterday. He continues to campaign, including a meeting last night with a group of young voters whose parents are longtime foreign workers in the CNMI.

Yumul, however, sent out three memos on Tuesday, a day before the Commonwealth Election Commission’s certification of candidacies, copies of which were obtained yesterday.

The first memo, addressed to the Senate president, states that Yumul will be “on personal leave beginning Friday, Aug. 15, 2014.” The memo does not say when he plans to return from personal leave.

Yumul asked to be “excused from any meetings or sessions during this time.” He said any inquiries may be forwarded to his office via Kory Sablan, or through Kimberly Reyes at the office of Rep. Roman Benavente (Ind-Saipan).

In the second memo also addressed to the Senate president, Yumul said he authorizes Kory Sablan and Kimberly Reyes “to oversee and manage my office during my leave of absence beginning Friday, Aug. 15, 2014.”

“They will be in charge of processing any re-occurring billings and to wrap up the office and its accounts in anticipation of the end of the fiscal year,” Yumul told Torres.

In a third memo, Yumul told the Senate president that in light of his being on personal leave starting today, he is delegating Sen. Frank Cruz (R-Tinian), as vice chairman of the Senate Committee on Judiciary, Government and Law, to become the committee acting chairman.

“Any matters relating to the committee should be forwarded to his office,” Yumul added.

Whether Yumul resigns on or before Tuesday or he gets expelled from the Senate, the Senate would have to inform the governor that there is a vacancy at the Senate. Because the vacancy happens before the middle of the term, the governor would have to call for a special election for a third Saipan senatorial seat.

Election Commission executive director Robert A. Guerrero recommends to the commissioners to hold a special election on the day of the Nov. 4 general elections to save costs, if and when the governor calls for a special election.

Besides the general elections and a likely special election on the same day, the CNMI is also headed for a gubernatorial runoff election if no one among the four gubernatorial teams gets at least 50 percent plus one of the votes cast in the general elections.

On leave

Non-elected government personnel whose candidacies were certified on Wednesday, meanwhile, have immediately filed for leave.

Among them were press secretary Angel Demapan, who is seeking a House seat for Precinct 1 under the Republican Party; Department of Lands and Natural Resources Secretary Arnold I. Palacios, who is seeking a Saipan senatorial seat under the Republican Party; and senior legislative assistant BJ Attao, who is seeking a House seat for Precinct 3 as an independent.

The acting DLNR secretary is Manny “Brown” Tenorio, the director DLNR’s Agriculture Division, while the acting press secretary is Ivan Blanco.

Personnel director Isidro K. Seman also earlier reminded government employees who are seeking bids for a political office to take a leave “immediately” after the election board certifies their candidacy. The election board certified 99 candidates on Wednesday.

“Employees will not be allowed to work on weekends nor use sick leave or any other paid leave during this time. Candidates will be allowed to return to work following the announcement of the election results,” Seman said in a July 31 memorandum.