‘AG’s duties in reviewing contracts needs clarification’

Rep. Ivan A. Blanco (R-Saipan) hopes to make clear the Office of the Attorney Generals’ duties and responsibilities when it comes to reviewing contracts of the CNMI government.

The first-term lawmaker has introduced House Bill 20-43 to define the AG’s obligations in representing the Executive Branch and its attached agencies, departments, and divisions.

A similar legislation—HB 19-133 or the AG Amendments Act of 2015—was introduced in the 19th Legislature to harmonize statutes defining the OAG’s authority with the constitutional requirement for the AG’s election.

Rep. Joseph P. Deleon Guerrero (R-Saipan) authored HB 19-133.

“Currently, the CNMI Constitution states that the elected AG shall be the chief legal officer for the CNMI government and legal adviser to the governor, departments, agencies [and others under the Executive Branch] but it did not stipulate the AG’s duties and powers or the restrictions on the office’s powers,” said Blanco.

HB 20-43, if signed into law by Gov. Ralph DLG Torres, would give the sitting AG a free hand to run his office.

“Certain clauses in this bill gives the AG the independent authority to plan and submit its annual budget, organize the office, select, promote, demote employees outside of the Civil Service Commission umbrella, among others,” said Blanco.

“Finally, this bill intends to clarify and define the responsibilities and duties of the AG in the rules and regulations creation process and his/her representation of other government agencies to ensure the process is more efficient, responsive to today’s changing environment, and that I hope it avoids misunderstandings with the establishment of appropriate boundaries,” added Blanco.

HB 20-43’s purpose
Blanco said the OAG lacks the needed resources and personnel like the other agencies, departments, and divisions under the Executive Branch including public corporations and autonomous agencies.

“Recently [the OAG] has undergone a fundamental change from an appointed office to elected,” said Blanco.

One of the OAG’s responsibilities is providing legal advice to the CNMI government “but advice and representation should remain with their proper bounds.”

He pointed out that the CNMI government’s executive branch—its agencies, either directly under the Governor’s Office or autonomous along with departments, divisions, and public corporations—may seek legal advice from the OAG but has the option to not follow it.

“The AG may represent the CNMI government’s Executive [Branch] but this means the AG must represent their interests. The AG should not substitute his/her judgment for the judgment of his/her clients or otherwise interject himself/herself into matters of policy,” said Blanco.

He said that when the AG represents the Executive Branch, he or she speaks on its behalf to advance its interests, not to substitute his/her judgment for itself and not to make policy determinations.

“Clarifying and defining the AG’s duties and responsibilities in the rules and regulations creation process and his/her representation of the CNMI government will help make it more efficient, responsive, effective, and it will also help to avoid misunderstandings and establish appropriate boundaries.”