Investigate AG Buckingham for possible ethics violations

For the first time in the CNMI’s recent history, senators will be asking the CNMI Bar Association to investigate the attorney general for alleged ethical violations.

The Senate adopted yesterday afternoon a resolution requesting the CNMI Bar Association’s Disciplinary Committee to investigate Attorney General Ed Buckingham for ethical violations when he approved a sole-source ARRA management contract worth almost $400,000 despite ethical concerns.

Senators also adopted a second resolution asking the Office of the Public Auditor to supplement with its own report and recommendations to the CNMI Legislature a U.S. Interior’s Inspector General report on the ARRA contract award.

Senators took turns saying that Buckingham, as the highest law enforcement officer in the CNMI, is expected to abide by ethics rules all the time.

“He should know better,” Senate floor leader Pete Reyes (R-Saipan) said.

Senators also said that former Commerce secretary Michael Ada, whose private firm bagged the sole-source contract, was a “victim” in this situation because he, along with Procurement and Supply director Herman Sablan, relied on the attorney general’s decision that it was appropriate to approve the contract despite ethical concerns.

Press secretary Angel Demapan, when asked for comment, said the Senate “is free to adopt resolutions as they please.”

“The administration is confident that the attorney general will be ready to respond accordingly to inquiries that may arise through the probes called for in the resolutions,” Demapan told Saipan Tribune.

CNMI Bar Association vice president Maya Kara, when asked for comment, said if the Senate would like to file a disciplinary complaint, it could do so by writing a letter to the Bar Association.

CNMI Bar Association president Sean Frink was off-island yesterday.

By a vote of 6-1, senators adopted Senate Resolution 17-62.

The six who voted “yes” were Senate President Paul Manglona (Ind-Rota) and the five authors of the resolution—Sen. Frank Cruz (R-Tinian), Sen. Juan Ayuyu (Ind-Rota), Reyes, Senate Vice President Jude Hofschneider (R-Tinian), and Sen. Jovita Taimanao (Ind-Rota).

Sen. Luis Crisostimo (Ind-Saipan) voted “no,” while two were absent—Sens. Ralph Torres (R-Saipan) and Henry San Nicolas (Cov-Tinian).

Before the voting, Cruz urged his colleagues to adopt the panel’s committee report and resolution.

Cruz is the chairman of the Senate Committee on Executive Appointments and Government Investigations, which came up with a report and recommendation to the full Senate to have the attorney general investigated for ethical concerns.

He said it is their duty as senators “not to ignore this issue” especially when members of the public are asking for a resolution of the matter.

The Inspector General report had said that the Fitial administration’s sole-source contract with Ada’s Integrated Professional Solutions may have violated local procurement rules and ethics regulations.

Hofschneider (R-Tinian) said the investigation into the AG “is a step in the right direction.”

He said IPS’s Ada is “in the middle of all this” because of “guidance from the AG.”

Ayuyu also said Ada “is the victim here.”

The Senate resolution also cites the IG report quoting Gov. Benigno R. Fitial as saying that, if problems arise regarding the sole-source contract and the AG tells him to rescind the contract, he would do so.

“It appears that Attorney General Edward Buckingham approved the sole-source contract knowing that Michael Ada had a conflict of interest and there were ethical concerns regarding the contract. …It further appears that Gov. Benigno R. Fitial and Procurement and Supply’s Herman Sablan approved the sole-source contract based on Attorney General Edward Buckingham’s legal review and approval of the contract,” the resolution reads.

It also says Buckingham has an ethical duty and obligation to uphold the Constitution and laws of the CNMI at all times, “which he failed to do when he approved the sole-source contract knowing that there were ethical concerns with the contract.”

The Interior’s IG investigated allegations of fraud connected to the sole-source award of the ARRA management contract to Ada’s IPS. The contract award came just a few days after Ada resigned as Commerce secretary and as CNMI lead for the ARRA program, raising ethical concerns on post-employment restrictions, restraint on use of public position to obtain private benefit, and negotiating for non-government employment, among other things.

The resolution says Buckingham was also investigated for violating the CNMI Ethics Code when he hosted a political gathering at his residence for a candidate during the November 2010 election.

“The Senate is extremely concerned about allegations or reports of ethical violations by the attorney general because he is mandated to uphold and enforce the Constitution and laws of the Commonwealth and the people have lost confidence in his ability to do his job effectively,” it says.

The Senate also adopted by a vote of 7-0 Senate Resolution 17-62, which requests OPA to supplement the Interior IG’s report on the CNMI ARRA management contract with its own report and recommendations to the Legislature.

The public auditor, Michael Pai, is being asked to prepare a written report, including a summary of his investigation, a complete transcript of any proceeding including but not limited to any testimony he heard, and including recommendations for such administrative or legal action as he or she deems appropriate.

During the session, Reyes said the public auditor “should not hide behind his desk and do his job.”

Pai has yet to respond to media requests for comment as of press time.

The Senate resolution says OPA received ethics complaints regarding the subject matter but it decided not to conduct its own investigation in an effort to avoid compromising the federal investigation.

“In order to trigger the provisions of the CNMI Ethics Code in this matter, the CNMI Office of the Public Auditor must issue a report and recommendations pursuant to 1 CMC 8562,” it adds.