Lawmakers: OPA must release final investigation reports

Some lawmakers are considering an amendment to an existing law, in hopes that the Office of the Public Auditor could be eventually made to release its report and recommendations on completed investigations.

This is in light of lingering questions on the contents of OPA’s completed investigation report on Attorney General Edward Buckingham’s involvement in a 2010 political campaign gathering in 2010.

Rep. Joseph Palacios (R-Saipan) said yesterday there should be no reason to keep from the public an OPA report on an investigation that’s long been completed and recommendations have already been sent out to the subject agency or official.

“To my understanding, that report has long been done and should become public record,” said Palacios.

Palacios said he would be reviewing laws related to OPA’s disclosure of reports, and consider the need to amend them to compel OPA to make public reports on completed investigation.

He also said that the attorney general’s lawsuit against the public auditor could have been avoided had the two officials communicated with each other.

He said during these times when government hours are reduced from 80 to 64 biweekly, the government, including the Office of the Attorney General, should do its best to collect millions of dollars from individuals found liable to pay back the government.

As of June 30, 2010, OPA referred audit recommendations in seven audit reports to the OAG for legal action to recover some $2.6 million in improperly expended funds. The OAG has yet to collect a single cent as of June 30, 2010.

House minority leader Diego Benavente (R-Saipan) said he would support law amendments that seek to allow OPA to disclose reports on completed investigation. Besides disclosure of reports, he said he would also like to see penalty provisions in laws governing OPA.

“After an OPA report and recommendation is responded to, I believe that report and recommendation should be issued to the public,” he said.

Rep. Stanley Torres (Ind-Saipan), for his part, said: “I think if the investigation and report are done, the report should be made public.”

But just like Palacios, Torres said he would like to review the law first.

OPA has been citing 1 CMC Section 8563, which states that “Complaints to the Public Auditor and investigations and recommendations thereon shall be confidential, except as necessary to carry out powers and duties of the Public Auditor or to enable another person or agency to consider and act upon the notices and recommendations of the Public Auditor…”

Public auditor Michael Pai, in response to Saipan Tribune requests for a copy of the OPA report to be made available for inspection under the Open Government Act, said while the lack of OPA’s ability to comment and the confidentiality of records relating to Commonwealth Ethics Act investigations might be dissatisfying to the press and appear unfair to the interested public, OPA cannot defy existing law.

“OPA must defer to the wisdom of the CNMI Legislature in enacting laws in the best interest of the public,” Pai said.

OPA released the report and recommendations to Gov. Benigno R. Fitial and Buckingham in December.

Media requests with OPA and the Office of the Governor for a copy of the report under the Open Government Act have been responded to with “confidentiality” restrictions,

Fitial told Saipan Tribune on Friday that he’s already shared verbally with the media the findings of the investigation report. He said OPA found Buckingham in violation of law in connection with his presence at a campaign gathering for then delegate candidate Joe Camacho of the Covenant Party.

But Fitial said Buckingham did not violate any law “because there’s no law barring what Buckingham did.”

Even the individuals who filed complaints with OPA regarding Buckingham’s alleged hosting of a campaign gathering for a delegate candidate have yet to see the report. One of them, Delegate Gregorio Kilili Sablan, said if he AG did nothing wrong, he should make the OPA report public.

On June 13, Buckingham filed a lawsuit against Pai over OPA’s hiring of lawyers. But he said this is not a retaliatory action against OPA, but about the Office of the Attorney General doing its job of protecting public from being wasted and ensuring laws and regulations are complied with.

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