Bill mandating cooperation between outgoing mayor, mayor-elect prefiled

Freshman Sen. Teresita A. Santos (R-Rota) wants the Legislature to pass a law that would mandate the cooperation and collaboration between the outgoing mayor and the mayor-elect during transition periods.

Senate Bill 19-02 seeks to provide “a healthy closure with the outgoing mayor, provide a sufficient timeframe to review and plan closed and ongoing projects beginning two weeks after certification from the Commonwealth Election Commission, and to assure a successful transition in mayoral leadership.”

Santos said she has prefiled SB 19-02 after the Legislature found that there are currently no provisions or procedures for a successful transition for a mayor-elect into office.

“Due to the voluminous data acquired throughout the mayoral term of office, it is imperative that the outgoing mayor work collaboratively with the mayor­elect in order to efficiently continue providing public service to the community,” reads the senator’s prefiled bill.

Santos’ bill wants to amend Title 1, Division 6, Part 2 of the Commonwealth Code by adding a Chapter 3 entitled “Mayoral Transition Act of 2015.”

The new chapter establishes the Office of the Mayor-elect, which is created on the date upon which the CNMI Board of Elections certifies the election result of a mayor who does not succeed in office.

Mayoral Transition Act of 2015 said the Office of the Mayor-elect should be staffed by such temporary employees as appointed by the mayor-elect. The office shall also work with the incumbent mayor and his/her officials and/or Cabinet members to provide for the orderly transfer of power.

“The incumbent mayor and his officials shall cooperate with the office of the mayor-elect to the maximum extent practical,” the bill reads.

To further cooperation, the bill states that the head of each department, office, gaming commission—excluding the Commonwealth Lottery Commission—instrumentality, or other entity of the Office of the Mayor shall upon request make available all files and records, except personnel working files, any confidential files of persons appointed by the mayor, and any files, such as tax records, to which access is prohibited by law.

The bill also calls for the outgoing mayor to make “available sufficient staff to carry out these duties within a reasonable time period to serve as liaison to the office of the mayor-elect; provided, that the mayor-elect or a designee may request that specific individuals be assigned for this purpose, but that the final decision regarding the assignment shall rest with the head of the entity.”