Livelihood vs Hobby

Over the last 14 years, Manny Alvarez invested more than $500,000 on boat and jetski equipment in a business he knows best. But his dreams of building upon his family business was dimmed by a recent decision by the Marianas Visitors Authority to grant someone else the concession he now has in favor of another businessman who treats such venture as a “hobby”.

Mr. Alvarez has lost his license to operate a tour boat concession in front of Dai-Ichi Hotel in Garapan to MAS Marine, a boardwake skiing operation owned and run by Van Le, a federal labor investigator here. Mr. Le denies it saying Mr. Alvarez lost his bid to another competitor.

Last year around December, Mr. Alvarez, submitted his bid to continue operating his concession at the Dai-Ichi beach front. It’s a permitting process under the authority of the tourism office. He personally submitted his bid but was informed a week or so later that MVA has lost his bid proposal. Later, he was told by MVA that it has found it but in its review, Mr. Alvarez lost to a bid by MAS Marine by some $50.

“This is a decision that calls for rebidding given that they (MVA) lost my bid proposal only to find it again some two weeks or so later,” he said. “Fair is fair and it’s the only way that MVA could erase all suspicion by going back to the drawing boards and review all proposals once more.”

“I’m not after Mr. Le for he has as much right to engage in a business he loves since his younger days,” he related, “but MVA needs to look at proposals beyond who submitted more or by as much as $50.” He said it is prudent that MVA reviews the investment of each company and give greater weight to one who has been in this business for more than 10 years.

“It’s my family’s livelihood, it’s a hobby for Mr. Le,” he said. “I’ve invested more than $500,000 and have worked at refining it over the last 14 years versus Mr. Le’s $15,000 which started last September,” he said.

MAS Marine operates at a public beach concession since last September allegedly piggy bagging on Manny’s brother Ray Alvarez, a concession that must be secured individually from the Division of Public Land, Department of Lands and Natural Resources, in that it is “not assignable,” according to a DNLR official.

In an interview some three weeks ago, Mr. Le was asked if he was investigating locals engaged in the same business which may be viewed as a conflict given that he too is in the same venture. He smiled and said, “I can’t say that.” Pressed why then the constant complaint from competitors, he said “they just don’t like the aggressive investigation” by the federal labor office on allegations of violations filed by employees. (At the beginning of the interview, Mr. Le asked Ms. Pamela Brown if he needed counsel. Ms. Brown came down and consulted with him then left).

Said a local businessman who spoke on condition of anonymity: “I’m being investigated by the federal labor official because of my decision to hire a local. Such is the nature of the labor law here which grants favor to indigenous US citizens.” He added that there may be a conflict in supremacy of laws, “but the federal labor office can’t be used as a launch pad to go after law abiding employers who are only fulfilling the requirements of local labor laws”.

Mr. Le was also asked if he’s been ferrying tourists on his boat even without the required captain’s license. “I do it as a hobby,” he said, “let them prove it that I’ve been collecting fees from tourists”. He related that there’s no need to secure a captain’s license if it is done as a hobby. He’s hired a licensed captain whom Mr. Le claims as a “partner”. The partner has since left him but the business license from the Department of Commerce is marked “sole proprietorship”. His company has also taken out an advertisement with the Hafa Beach Press that costs about $700.

Mr. Le was asked if he’s impersonated other federal officials, i.e., DEA and US Immigration. He said he’s “happy as a federal labor investigator” and there’s no need for impersonation. Fellow competitors, however, alleged that Mr. Le has boasted in various venues that he’s a DEA or an INS officer to intimidate people. U.S. INS here said there’s only one INS officer on the island. A local man was recently sentenced by the court for impersonating a federal officer.

Mr. Alvarez has since filed for a temporary injunction granted by the court for hearing on March 6 against MVA.

“If for all these years I have complied with local laws so required in doing business, then MVA needs to probe all bidders to see if each has complied with the same set of laws and regulations required of each businessman in recreational boating assigned along public and private beaches,” Mr. Alvarez said. “I will have my day in court to protect my investments.”