AGO seeks amendment to Managaha bill • Gov’t legal counsel says move to include educational trips to the island in school curriculum infringes on BOE functions

The Attorney General’s Office has sought changes to the proposed law designating Managaha island a marine sanctuary, saying some provisions of the House bill may be unconstitutional and unlawful, including mandating educational trips to the area.

While hailing its intent to safeguard natural and cultural resources on the island and its surrounding waters, assistant Attorney General Elliot A. Sattler said the measure should be amended to deal with legal concerns.

In particular, he asked the House Natural Resources Committee to scrap provision mandating educational courses on Managaha for both public and private schools as part of the students’ curriculum.

This is of “doubtful legal or constitutional validity,” according to the government lawyer as he noted this will infringe on the functions of Board of Education which is an autonomous agency tasked to set school curriculum.

But Mr. Sattler recommended that the Legislature can instead pass a resolution encouraging the education sector to hold classes on Managaha as part of its academic classes.

In a testimony presented during the recent public hearing, the assistant AG enumerated provisions that need to be changed before the Legislature can pass the proposal, such as:

– deleting grant of authority to the secretary of the Department of Lands and Natural Resources to add other marine conservation areas or expansion of boundaries beyond the specified area, which is a function solely of legislators;

– a joint resolution must be passed by the House and the Senate to set aside funding for eight personnel as well as a Superintendent to oversee operations who will be hired by DLNR to enforce regulations of the protected marine area;

Mr. Sattler said this hiring provision should either be deleted or amended to comply with the constitutional requirements.

“[I]t would appear that in times of financial austerity … the hiring of additional employees should be discretionary within each entity of the government once all aspects of such hiring, including need and financial ability of the government to pay salaries and related compensation, has been determined,” he added.

The proposal contained in HB 11-500 seeking to restrict activities on the Managaha marine conservation area has won wide support at the public hearing held Tuesday night as residents and government agencies underscored the need to protect fish species and marine resources found in the area.

The House panel is expected to endorse the measure within the next few days for immediate passage. Lawmakers are hopeful to complete its enactment before the next Legislature convenes this January. (Benhur C. Saladores)