MPLA compelled to issue land payment today

Breaking what he terms as an impasse in land compensation, Gov. Juan N. Babauta managed yesterday to compel the Marianas Public Lands Authority board to do everything possible to get land payment checks to claimants by today.

“I asked the MPLA board to resolve it today so that land compensation checks can be processed and be out either today or tomorrow,” the governor said.

“This has been due 30 to 40 years ago. You’d understand the urgency if you’re the one talking with the claimants,” he added, indicating that the government has simply run out of alibis to pacify landowners this time.

At issue is the questionable appointment of MPLA commissioner Ed Guerrero in view of a pending litigation filed by former commissioner Henry S. Hofschneider, who was unilaterally terminated from his post by board chair Ana Demapan-Castro.

This, the administration said, prevents the processing and issuance of compensation to claimants.

The administration said there are at least five requisitions, including the $3.4 million Malite estate, that are being held up due to the issue.

These requisition documents require the signature of the MPLA commissioner, the Commonwealth Development Authority and the Department of Finance.

Addressing the MPLA board by phone from his office during the board’s meeting yesterday on Rota, Babauta lobbied that the MPLA resolve the issue.

“I ask the board to resolve it today,” said the governor.

Demapan-Castro, however, said that Guerrero’s confirmation and board’s sanctioning of Hofschneider’s termination have yet to be tackled on Wednesday at 11am. Yet the governor insisted that the matter be addressed by the board yesterday.

“Sounds like it’s something that would obviously meet the Open Government Act requirement but we are still faced with the urgency of issuing the checks either by the end of working day today or tomorrow,” said the governor.

He said that appointing Guerrero as acting commissioner would not affect the pending litigation.

Meantime, Demapan-Castro informed the governor that the board would issue a resolution addressing the issue.

The board chair said the resolution was signed by all board members affirming her earlier decision to terminate Hofschneider.

Babauta, joined by attorney general Pamela Brown and CDA executive director Mary Lou Ada, pushed that Demapan-Castro be designated as acting commissioner, an approach that was rejected by the agency.

Consulting with MPLA legal counsel Alan Lane, Demapan-Castro said she could concur but she could not possibly sign as acting commissioner.

Lane cited that the MPLA board could just approve it since it has the ultimate authority on the land compensation.

Brown said having the board’s signature would be questioned by the trustee, which is the Bank of Guam. After a while, the board chair asked if the board could just appoint deputy commissioner Frank Eliptico as the acting chairman. Babauta and Brown agreed to this.

“Yes, that’s possible,” they said.

The board then formally approved to appoint Eliptico as the acting commissioner who would sign the pending requisitions.

As such, this would require Guerrero, who was at yesterday’s board meeting, to go off-island today to satisfy the appointment of Eliptico as acting commissioner.

In a separate interview, Eliptico said he would be the acting commissioner effective today.

“The board wants to ensure that land compensation be processed and disbursed in the most efficient and expeditious manner. The board members are cognizant that a lot of people are in need of this money,” said Eliptico.

In a letter sent to MPLA board members yesterday, Babauta said “to continue with the status quo resulting in lengthy delays of land compensation to deserving recipients is a breach of public trust.”

“It can’t go on…. The only victims in this impasse are our people and this is not acceptable,” he said.

Meantime, Ada said that, of the $28 million land compensation bond money, $25 millions remains to be disbursed.

Babauta said this amount must be disbursed within 2005 or the government would be slapped with interests.

Excluding the Malite estate, which is under litigation, Finance Secretary Fermin Atalig said that the pending requisitions amount to almost $200,000.

The administration declined to reveal the names of the claimants in the pending list.