Forced MVA membership harms my business

Editor’s Note: This letter was originally sent to the Senate President, House Speaker, Senate & House Committees,
MVA managing director Christopher A. Concepcion, MVA deputy managing director Judy C. Torres, and MVA Tour Guide Certification manager Kuen-hee Han.

On Jan. 8, 2018, I visited the Marianas Visitors Authority office to begin the application process for the Tour Guide Certification Program. Among the required documentation required is “proof of membership in MVA.” I asked, “Is it necessary to become a member of MVA in order to become a certified tour guide if I meet all the other requirements, and if so, why?”

I was told yes, after which I asked to whom I would need to speak about possibly changing this requirement, to which I was told I would need to take it up with the Legislature.

Therefore, as per MVA’s direction, I hereby submit the following grievance with the current Tour Guide Certification application process, based on the following:

1. Participation in an opt-in government agency should not be mandatory.

My forced membership in the structure of this government agency will now obligate and bind me to its membership rules, requirements and whatever other terms and conditions membership entails—a decision which, up until now, has been entirely voluntary and up to my discretion as a free, independent business owner.

2. Benefits do not constitute valid reason.

When I asked why this requirement existed, I was told it’s been under consideration for many years, and I was then offered a description of the benefits MVA provides. Citing the benefits of membership does not constitute justifiable reason for making said membership mandatory. Membership in MVA has been, and should remain, a choice that an individual or business makes based on that individual’s or entity’s own business model, marketing strategy and interest in participation. In regard to those benefits: I do not wish to be listed in a directory. I do not wish to receive information. I do not wish to attend meetings. I do not wish to have my brochures distributed at trade shows. I do not wish to advertise to the markets MVA targets. I am now being forced to pay a mandatory annual fee for services I do not want, simply for the opportunity to continue to conduct business operations for which I’ve already paid my business license fee and met requirements.

3. Membership does not prove my competence for the job.

Unlike proof of traffic competence, criminal history, knowledge base, and tax compliance, MVA membership does not make me better qualified, competent, or capable of dispensing my tours or doing business.

4. Dilutes my competitive advantage and threatens my livelihood.

Forcing me to be an MVA member dilutes my brand identity and eliminates my competitive advantage. As an author writing books about Saipan since 2006, and as a part-time tour guide offering off-the-beaten-path tours for the past 10 years, I’ve advertised myself as “not affiliated with the tourism board or any government agency.” Customers purchase my books and take my tours for that independent perspective. Obligatory membership destroys that competitive advantage and subjects me to bad press and negative reviews in TripAdvisor, CruiseCritic, etc., by clients and customers who will accuse me of misrepresentation.

5. A superfluous requirement.

Further, since MVA now has the power to revoke the certification of individuals who are providing tour guide services, and even has the power to restrict operations of tour guides who are not in compliance in any number of ways regardless of membership in MVA (i.e. members and non-members), then making membership obligatory seems superfluous.

6. An alternate way to generate revenue, perhaps?

According to Public Law 18-58: The Legislature finds that tourism is an essential component of the Commonwealth’s economy and an industry of great interest and importance. It must be harnessed as an engine of socio-economic growth and cultural affirmation to generate investment, foreign exchange and employment, and to continue to mold an enhanced sense of pride for all citizens.

While I surely understand the imposition of these fees ($530 inclusive of application, traffic, NMC course) in order to “harness [tourism] as an engine for socio-economic growth,” I object to MVA’s “fee” being tied to a mandatory requirement for membership.

7. Finally, “It’s the law” is not a valid reason for not addressing these concerns.

The mere existence of a law does not justify its continued existence, nor for looking into changing it.

Laws are conceived, written, and enforced by people with their own biases and blind spots. As students of history know—women’s suffrage, slavery, indigenous rights—just because something is “the law” does not mean it is just, right, moral, ethical or fair in its intent or application.

I am hopeful, therefore, that, as indicated by MVA’s awareness that there will be “trial and error” (“Regulations are finalized, classes are set, and applications are ready for the tour guide certification program,” said acting MVA managing director Judy Torres. “We acknowledge that there will be trial and error in this new program, but we are ready to move forward and grateful to be partnering with NMC on this important initiative.” ) (Saipan Tribune, Oct 12, 2017)

And—as per the following lines of P.L. 18-58, if any provisions of this Act or the application of any such provision to any person or circumstance should be held invalid by a court of competent jurisdiction, the remainder of this Act or the application of its provisions to persons or circumstances other than those to which it is held invalid shall not be affected thereby—that some amendment or modification of requirements can be reached to afford some sort of relief to those in similar circumstance.

I await your response to my request so that I may proceed with the certification process. Thank you.

Walt Goodridge
via email