2nd lawsuit over casino law

A private citizen filed a lawsuit in Superior Court yesterday in a bid to invalidate the Saipan casino law by having it declared null and void due to alleged violations of the Open Government Act when it was enacted.

Glen D. Hunter, through attorney Jennifer Dockter, is suing Gov. Eloy S. Inos, Senate President Ralph DLG. Torres (R-Saipan), and several others, claiming that the Saipan casino law was passed without following the requirements of the OGA.

Hunter wants the court to declare that these OGA violations render the casino law null and void. He also sought an injunction that would prevent Inos, the Lottery Commission, and the CNMI government from taking any more acts in furtherance of the alleged illegal casino law.

Named as co-defendants in the case are House Speaker Joseph P. Deleon Guerrero (IR-Saipan), Reps. Rafael S. Demapan (Cov-Saipan) and Felicidad T. Ogumoro (R-Saipan), the Lottery Commission, and the CNMI government.

Hunter claims four violations of the Open Government Act. That law requires specific advance notices to the public whenever the Legislature holds a session or if it intends to act on proposed bills.

According to Dockter, the OGA forbids lawmakers from holding surprise sessions where acts are undertaken as part of a secret agenda.

On Feb. 28, 2014, then acting House speaker Francisco S. Dela Cruz transmitted to the House Clerk’s Office a memo that gave notice of an upcoming regular House session on March 3, 2014, at 1:30pm.

Dockter said the Clerk’s Office gave the media a copy of the notice and publicly posted it sometime after 3:05pm on Feb. 28, 2014.

The OGA requires that the Legislature “shall file a copy of the meeting notice in its office at least 72 hours before the meeting.”

Dockter said the notice and agenda were provided less than 72 hours in advance of the upcoming session, in violation of the law.

On March 3, 2014, at the House’s session, Reps. Demapan and Ogumoro introduced House Bill 18-179 (the Saipan casino bill), which was not referred to a House committee. Instead, in violation of OGA’s notice requirement, House Bill 18-179 was immediately passed by the House’s majority on first and final reading and was transmitted to the Senate, Dockter said.

On Feb. 28, 2014, Senate President Torres gave notice of an upcoming Senate session slated on March 4, 2014 at 2pm.

Dockter said as required by the OGA, the notice included a session agenda, which listed the items to be considered at the meeting. However, the notice and agenda did not include any mention of House Bill 18-179, she said.

Despite this, on March 4, 2014, without giving the public notice that action would be taken on the casino bill, the Senate passed House Bill 18-179 on first and final reading, she said, in violation of OGA’s notice requirement.

Inos then signed House Bill 18-179 into law and it became Public Law 18-38.

In signing the bill, Inos pointed out the bill’s “shortcomings” but said he was assured that amendments would be adopted.

On March 25, 2014, House Speaker Deleon Guerrero transmitted to the House Clerk’s Office a memo that provided notice of a House session slated for the very next day, March 26, at 1:30pm.

On March 26, 2014, at the House’s session, Demapan introduced House Bill 18-182 “to amend Public Law 18-38.” That same day, in violation of the OGA’s notice requirement, Dockter said House majority passed House Bill 18-182 and the bill was transmitted to the Senate.

The next day, March 27, 2014, without any advance notice to the public of any kind about the casino bill, the Senate passed House Bill 18-182, Dockter said.

On April 1, 2014, Inos signed House Bill 18-182, which became Public Law 18-43 and was titled “To amend Public Law 18-38.”

Dockter said the governor’s signature on a null and void bill has no legal effect.

“The Saipan casino law is null and void,” she asserted.

Dockter said that Reps. Demapan and Ogumoro, Senate President Torres, and House Speaker Deleon Guerrero are personally liable for taking action in violation of OGA and deserve civil penalties.

Dockter said that Demapan is liable in the amount of $1,100; Ogumoro, $100; Torres, $1,100; and Deleon Guerrero, $100.

This is the second lawsuit against the Saipan casino law. On Wednesday, lawyer Ramon K. Quichocho filed in Superior Court a taxpayer’s lawsuit that questioned the constitutionality of the 2-month-old casino law. He is suing Inos, the CNMI government, and the Lottery Commission.