‘Legislature needs to clarify OPA prosecutorial powers’

Acting public auditor Michael Pai told the Senate Committee on Executive Appointments and Governmental Investigations that there is a need for the Legislature to review the Office of Public Auditor’s prosecutorial powers.

Speaking before his confirmation hearing at the Senate chamber on Friday, Pai said the statute that lays out the OPA’s prosecutorial powers appears to be ambiguous and subject to different interpretations as what happened to the case the agency brought against former Aging Center director Rose DLG. Mondala.

“I feel like we do need that power to prosecute cases. This is a question that has been talked about even during previous public auditors. Not only during my term but previous public auditors have been asked the same question. I do feel [with regards to] the prosecution power we have in the books, the language is a little bit ambiguous. That’s why our legal counsel, Mr. George Hasselback, has to revise the legal language. Since it’s a statute, the new language should be passed by the Legislature so we’re working on that,” Pai told reporters after the hearing.

Last Sept. 10, the Superior Court dismissed the case against Mondala, ruling that the appointment of Hasselback as a special assistant attorney general in the case violates the separation of powers doctrine. Associate Judge Kenneth Govendo ruled that the Office of Attorney General violated the separation of powers by delegating general prosecutorial powers to members of an agency that has no such legislatively created authority.

Despite the Mondala case being dismissed without prejudice (which means a new case can be re-filed on the same claim or allegations in the future), Pai believes that OPA’s partnership with the OAG and the Department of Public Safety is still paying dividends.

The case against Mondala was a result of an OPA investigation presented to a Joint Task Force composed of the OAG, OPA, and the DPS.

“I think it’s been successful. They talked about the case that was dismissed by the courts [but] it’s a legal interpretation. I believe Mr. Hasselback and the Attorney General [Gilbert Birnbrich] have agreed to maybe open the case under OAG’s jurisdiction. In the meantime we disagreed with the courts misinterpretation so I believe Mr. Hasselback and the attorney general are drafting a response to the courts. We don’t want to set a legal precedent that that’s the way it’s interpreted.”

Mondala has been charged with 22 counts of forgery; six counts of misconduct in public office; eight counts of use of public supplies, time, and personnel for campaign activities; two counts of use of public position to obtain benefits for business or social acquaintances; one count of theft services; one count of theft; and one count of use of office, staff or employees of a public office for personal benefit.

All counts relate to a period of time between June 15, 2009, and Dec. 10, 2010, while Mondala was the director of the Office of Aging, a government agency.

OPA accused the 69-year-old Mondala of using the Aging Office’s funds and materials for the needs of the Covenant Party during the 2009 elections and to build a fence at her house in Kagman.