Executive Branch cites record of Brown confirmation

The Governor’s Office presented yesterday a 2003 Senate session report showing that the Senate had actually confirmed Pamela Brown as attorney general.

In a three-page report to the governor dated Nov. 18, 2003, the Executive Branch’s Programs and Legislative Review Office mentioned that Brown’s appointment as attorney general was unanimously approved by the five Senate members present in a session on Nov. 17, 2003, on Rota.

“Also adopted were two standing committee reports on Executive Appointment and Government Investigation relating to the governor’s appointment of Ms. Pamela Brown to serve as [attorney general], which was unanimously adopted and the governor’s appointment of Mr. Allen M. Perez to serve as a member of the Commonwealth Utilities Corp. representing Tinian was also adopted,” said the report.

This developed after the Public Defender’s Office and other groups questioned Brown’s legitimacy as attorney general, citing the lack of such record in the Nov. 17, 2003, Senate journal.

When checked, the journal showed that the Senate, led by then Senate President Paul M. Manglona only approved standing committee reports 13-77 to 13-81. The recommendation to confirm Brown was contained in SCR 13-93.

Press secretary Peter A. Callaghan said that, based on the Senate Order of Business for Nov. 17, 2003, the Senate clerk had written by hand SCR 13-93 and 13-98 (Perez’s confirmation) under agenda K.

He said it is a common practice to just write in additional items for discussion during a legislative session.

Further, Callaghan cited that based on the Programs and Legislative Review Office report, several other officials present during the Rota session could testify on the Senate confirmation of the attorney general.

The report said that the session, which included a swearing-in ceremony for newly elected Rota senator Paterno S. Hocog and Tinian senator Joseph Mendiola, was attended by Gov. Juan N. Babauta, Rota Mayor Benjamin Manglona, Associate Justice Alexandro C. Castro, Rep. Norman S. Palacios, and Legislative Bureau director Walter Macaranas.

Earlier, Senate minority leader Pete P. Reyes said the lack of the confirmation record on the Senate journal was highly questionable.

Reyes has also pointed out that the tape recording of the Rota session gave no confirmation of the proceeding.

“We listened to the tape… and there’s nothing there about the confirmation,” he said.

The senator said it was highly questionable for the Senate to produce a voting list showing that the five majority senators—Manglona, Diego Songao, Joaquin Adriano, Joseph Mendiola, and Paterno S. Hocog—voted yes to Brown’s appointment, and yet neither the Senate journal nor the tape recording would back it up.

Prior to the Rota session, Reyes’ group, which had gained control of the Senate majority in Aug. 2003, had rejected Brown’s appointment.