Mayor questions legality of Local Law 17-8

Mayor Donald G. Flores defended his appointment of Saipan and Northern Islands Municipal Council member Ralph Yumul, saying that the constitution allows him to appoint anybody he deems qualified to take over his position if he is off-island.

Flores further asserted that Saipan Local Law 17-8, which allows that the council chair become acting mayor when the Saipan mayor is physically absent from the island, is “unconstitutional.”

“Under the Constitution, I have the discretion to appoint anybody. I will continue to follow my constitutional mandate,” Flores said yesterday at the Hard Rock Café Guns & Hoses event.

According to Flores, Article VI section 2 of the Constitution established the Mayor’s Office as a political office while section 6 created the non-political office of the Saipan and Northern Islands Municipal Council.

“What Saipan Local Law 17-8 essentially does is cross over the line that separates a political office from a non-political office,” he told Saipan Tribune. “By mandating the Mayor of Saipan to appoint a presiding officer of the Municipal Council, SLL 17-8 crosses the line that the NMI Constitution set up between the two offices.

Flores emphasized that the mayor should be given the discretion to appoint an acting mayor.

“This discretion assures the Mayor of Saipan that the business of the office is faithfully and responsibly carried out consistent with his authority as a constitutionally elected mayor. To require a non-political council member to execute the responsibilities of a political office is taking a stab at the heart of Article VI, section 2. It bridges the line that voters approved to separate a non-political and political offices,” he explained.

Flores added that the local law, which mandates the designation of the chairman of the Saipan local delegation, who is a member of the Legislative Branch, to also serve as acting mayor “appears to violate the separation of powers.”

The mayor said the only way to fix the conflict on the local law and the Constitution is through constitutional convention.

“Until a constitutional convention happens where delegates discuss this, put it on the ballots for the people to vote on it, then I will still appoint whoever I see fit when I’m on off-island trips,” he said.

Flores noted that he has nothing against Council chair Ramon B. Camacho. “It’s just about the legality of this law.”

He also said that he was not given the opportunity to give his comments before the law was enacted.

“I will abide by the Constitution until this issue is resolved by the Supreme Court,” he added.