Legislative authority for Municipal Council sought

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Posted on Feb 14 2000
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Sen. Joaquin G. Adriano has proposed a legislation seeking to increase the power of Municipal Council by granting local legislative authority to each municipal council.

If enacted, SB12-18 will pave the way for the repeal Amendment 25 of the CNMI Constitution which created the office of the Municipal Council in 1986.

The role of the Municipal Council was intended to represent the needs of the municipality at the local level. However, the provision was vague on the structure of the Municipal Councils in connection with its specific duties, compensation for council members, responsibilities and legislative authority, said Tinian Municipal Council Chair Juanita M. Mendiola.

Currently, each legislative delegation deliberates on municipal matters in addition to commonwealth issues. Article VI, Section 7 of the CNMI Constitution states that “The powers of the Municipal Council shall extend to all local matters of a predominantly local nature not preempted by the Commonwealth Legislature.”

SB 12-18 will establish structurally the role and duties of the Municipal Council in areas such as the enactment of local bills which include setting speed limits on public roads or conservation regulations of fish and wildlife, as long as such regulations are not more restrictive than Commonwealth-wide laws or regulations and receive approval by the respective municipality’s mayor.

The proposed measure would also give Municipal Councils jurisdiction on municipal revenues and budget appropriation. A municipal ordinance results, which is an act that, if enacted by the Municipal Council, becomes a law and will pertain exclusively to matters within the respective municipality.

The current responsibilities of the Municipal Councils largely focus on creating social programs, such as various community programs ranging from beautification, youth, cultural and development along with duties mandated by law such as formulating the annual budget along with the Mayor. It also include approving reprogramming of funds in the approved budget, confirming resident department heads and appropriating local revenues for the municipality.

The CNMI Constitution prohibits the Councils to make laws as this is vested on the legislative delegations from each Senatorial District.

Ms. Mendiola welcomed the proposed measure saying she hopes it would gather enough support from the Municipal Councils of Rota and Saipan as well as key government officials. “I think it is in the best interests of Tinian and the rest of the municipalities such as Rota and Saipan,” she said.

“We are in support of it. The council should handle the local matters, the Commonwealth-wide matters should be taken care of by the delegation,” said Sen. Jose M. Dela Cruz.

Members of the Rota Municipal Council have endorsed the measure and have expressed willingness to work jointly with Tinian and Saipan to lobby for the bill’s passage, said Rota Mayor Chief of Staff Juan Ayuyu.

“Only by working collaboratively together can we become convincingly persuasive. This bill seems to stand a better chance of getting the full support of our central lawmaking body,” he said.

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