Nearly half of NMI govt agencies flunk OGA test

A test survey of major CNMI government agencies show spotty compliance with the mandates of the Open Government Act, with nearly half failing to provide the requested document, and most having different rules and requirements when responding to OGA requests.

A recent survey conducted by the Saipan Tribune showed that, of the 27 major government agencies tested, only 12 provided the document within the 10 days allowed under the Act. Three agencies took longer than 10 days but only one asked for an extension and two provided explanations for the delay.

Twelve other agencies, however, actually failed to provide the document, a clear violation of the law. These 13 agencies did not bother to explain why they failed to provide the document being asked for, despite the many follow-ups with their offices. In about two instances, the request was met with hostility and suspicion.

Of the 12 that complied with the OGA request, the star performers were the Northern Marianas College, which showed the document within 10 minutes of being asked; the Governor’s Office and the Commonwealth Development Authority, which both provided the document in less than an hour; and the CNMI Judiciary, which e-mailed the document after just five hours.

The goal of the test survey, officially dubbed “The Sunshine Project,” was to simulate an ordinary member of the public visiting a government agency and asking to examine its budget request for fiscal year 2009. The survey auditors, all employees and reporters of the Saipan Tribune, were also told to request a copy of the document.

The Saipan Tribune decided on this document after acting Attorney General Gregory Baka said that OGA requests must be for documents that already exist. The FY 2009 budget is already law, noncontroversial, and should be readily available for inspection and copying.

Grades A to F

The government agencies that flunked the test survey for failing to show the requested document are the Public School System, Commission on Elections, Department of Public Health, Department of Public Safety, Tinian Mayor’s Office, Rota Mayor’s Office, Northern Islands Mayor’s Office, Division of Corrections, Commonwealth Ports Authority, Commonwealth Utilities Corp., Department of Public Works, and Department of Finance.

The ones that complied with the request within the 10 days allowed under the OGA are the Office of the Attorney General, Office of the Public Auditor, CNMI Judiciary, Department of Commerce, Office of the Governor, Saipan Mayor’s Office, NMI Retirement Fund, CDA, NMC, Division of Environmental Quality, Department of Labor, and Department of Community and Cultural Affairs.

The Department of Lands and Natural Resources, Department of Public Lands, and the Legislative Bureau took more than 10 days to comply with the request (DLNR, 24 days; DPL, 16 days; and LB, 15 days)

In the case of DLNR, “Henry Hofschneider called on the ninth day, asking for an extension of the request due to the unavailability of the person in charge of the document,” said reporter Moneth Deposa.

As for DPL, reporter Ferdie dela Torre said he met with DPL counsel Braddock Huesman, who gave him the document and explained that he was busy handling the OGA lawsuit filed by Rep. Tina Sablan against the CNMI government.

The Legislative Bureau e-mailed the requested document with no explanation for the 15-day delay.

Public Law 8-41 states that failure to provide a public document for inspection within 10 days is considered a noncriminal infraction, punishable by a fine not exceeding $500. Anyone who willfully and knowingly violates the OGA is guilty of a misdemeanor punishable by up to a year in prison, or by a fine of up to $1,000, or both.

Questions

As much as possible, the survey auditors were to refrain from introducing themselves as members of the media and were assigned to government agencies where they were least likely to be recognized. However, none of the 27 agencies tested presented the document to the requester with no questions asked.

Nowhere in the OGA does it state that one must give one’s name and agency before a public document can be released but 22 of the CNMI agencies surveyed immediately asked for the requester’s name while 23 asked what agency he or she is affiliated with.

Also, be prepared to explain why. When surveyors asked to see the budget document, 17 agencies wanted to know what the requester will do with the document. Only five, however, explained why they were asking these questions, with most saying they don’t want to release documents that do not reflect the numbers that were eventually submitted to the Office of the Governor.

Because reporter Kristi Eaton is known at Commerce, she sent editorial assistant Jovan Fred first into the office to ask for the document. Fred was told to go to the Office of Management and Budget.

“She [Fred] was asked why she wanted the documents and she said she was a concerned citizen. She was asked where she was from. She was also told she needed to submit a letter,” said Eaton.

In the case of those agencies that did not ask for the requester’s name or agency, it was because the person was immediately recognized as a reporter.

“One disadvantage is that the front desk personnel of CPA knew right away that the person asking for information is a journalist,” said reporter Haidee V. Eugenio. “CPA immediately referred my inquiries to the accounting department. The CUC Office of the Director also knew right away that the requester is a journalist but it immediately asked for a formal request letter, which was provided right away.”

Both CPA and CUC have yet to produce the document being asked for.

Thirteen of the 27 agencies surveyed required surveyors to first submit an OGA request before providing the document.

Of the 15 government agencies that eventually provided the document, only four collected photocopying charges—DLNR, Commerce, DEQ, and Labor—at .50 cents per page. The others e-mailed or hand-delivered them.

Permission first

Those that actually failed to provide the document up to now had varying reactions to the request but most said they needed to ask the permission of the division or department head before releasing the document.

Others, notably agencies related to the Executive Branch, referred surveyors to the Governor’s Office. This was the experience of reporter Nazario Rodriguez with the Tinian Mayor’s Office, Rota Mayor’s Office and the Corrections Division, which all told him to get the document from the Office of the Governor.

The Election Commission said it did not have a copy of its budget and the surveyor need to ask the Legislative Bureau for it.

Others were simply given the runaround. Such was the experience of Eaton at DPH.

“Because some people at DPH know me, the Tribune’s editorial assistant first asked for the documents. I pointed her in the right direction by sending her to the Secretary’s Office. She was told to go to the Statistics Division in the other building.

“A few days later I returned and headed to the Vital Statistics Division. I was asked if I wanted the budget for DPH or the Commonwealth Health Center. I replied that either one would be OK. I was informed I needed to go to the Secretary’s Office for the information. I went back to the Secretary’s Office and was told I needed to go back to the other side of the hospital, at which point I responded I’d already been there and was sent to the Secretary’s Office.

“I was asked my name and affiliation and was informed that the person who handles finances is out of the office. They wrote down my name, affiliation, request and contact information and told me somebody would be in touch.

“I have yet to receive a phone call.”