Beating dead horses

For the record, I just recently received an e-mail from my staff concerning Holani Smith, who wrote that he thinks I am a good congressman. So, I wondered why he wrote a letter against me last week. Maybe it was bad information that was fed to him, or from rumors that discredit me. Whatever the case, Mr. Smith’s letter last Wednesday in the Saipan Tribune needs to be countered with some real facts.

I filed my lawsuit against the current administration after Governor Fitial reduced and reprogrammed legislative funds that exceeded the 7.1 percent legal amount that was submitted to the Legislature, not the way it was stated by Mr. Smith. For the public’s information, this lawsuit just asks the court for a clarification on the issues of separation of powers and CNMI law. This matter has been classified as a very important issue by many leaders in the CNMI, as evidenced by the recent budgetary challenges against the administration by both the majority and minority members in the House.

Moreover, I differ with Mr. Smith’s “painting” statement, since I have no say or desire in keeping or changing the green bile color on the walls. The House paint job is the responsibility of the “green” majority Covenants.

In the second paragraph of Mr. Smith’s letter to the editor, I am accused of hiring phantom employees and skating on a technicality. In truth, I was improperly accused of paying one employee for approximately a month that she was off-island, when in fact she had legally used her accrued compensatory time. The employee, who worked at public hearings and after-hours House sessions, kept up-to-date comp-time sheets. She saved the comp time for her initial move to the states, which had an extra trip back to Saipan to finish her contract in November 2003. Furthermore, the case did not end because of a technicality, it was a case of a disgruntled person who fed lies to the Office of the Public Auditor and it spiraled out of control until it was dismissed due to lack of evidence. My employee and I were both hurt needlessly, as were some members of the Attorney General’s Office and OPA. The case was dismissed because there was NO CASE. Mr. Smith is welcomed to review the records in my office at any time.

In paragraph three, I must counter that filing a legitimate lawsuit against the adm
inistration is not mud raking, or an obstacle, as Mr. Smith alleges. Furthermore, the reason why I am not assigned a House counsel is quite obvious—the House attorneys are controlled by the majority. The fact of the matter is that I will be most likely grilled by the judge on why I don’t have a House counsel representing me in this case. As a minority member of the House, I can now give the court a legitimate answer. Frankly speaking, the Speaker of the House doesn’t want a clarification in this legal matter, since the answer could go against the wishes of the House Speaker’s boss, who is the Governor.

Paragraph four is a bit puzzling. We went from lawsuits and bile green paint jobs to dreams of two dozen investors with billions clamoring to invest in the Northern Mariana Islands. I sincerely hope the billions come, since it will help the CNMI. My lawsuit has nothing to do with the investors. As a matter of fact, it should strengthen their opinion of the CNMI, since they will see we are a Commonwealth of laws that are followed and respected.

The next paragraph has some truth. In the past, I have criticized other governors, even governors of my own party, because in the real democratic world, that’s how it works. If legislators didn’t interrupt a governor’s very tempting quest for absolute power, we might as well elect a king and crawl and grovel in his presence. Governor Fitial can take the heat and the challenges, like any good politician can in a three-branch government. Honestly, he’s a good politician and a friend of mine. I just happen to represent my Precinct 3 constituents and try to do my job even-handedly, for the benefit of the whole CNMI community.

Mr. Smith stated I was elected for the free money. If he meant that the funds I receive are the product of a democratically free society, then maybe he’s right to a point. However, I do have to spend my family’s, my friends’, my supporters’, and my own money to get elected, and then I hire a staff to handle the many daily requests that come into our office. Please advise me, Mr. Smith, how we can change this system to your acceptance?

Mr. Smith mentions the lack of passage of real bills, and I’ll try to answer Mr. Smith’s statement about the alleged non-passage of real bills authored by myself. In the past when I was in the majority, I had several bills passed into law, including the last budget (Public Law 13-24) the CNMI government passed back in 2002. However, I am now in the minority and there is the typical difficulty in having my legislation and resolutions getting out of committees. Please advise me again, Mr. Smith, on how this routine may be altered to the satisfaction of the majority members and you.

Finally, I am currently off-island to take care of a family medical situation in Hawaii. However, Mr. Smith, you are invited to my office anytime for coffee and a friendly fact-finding session with my staff, or with me upon my return to Saipan.

Rep. Stanley T. McGinnis Torres
Precinct III, Saipan