Is it intrusion?

When the Legislature approved the rezoning of certain areas, over the rules and procedures observed by the zoning board, isn’t the Legislature disregarding protocol in exerting its power?

Of course, the Legislature is the lawmaking body and can make changes in the law as well as make laws, but the rules and procedures are codified as law. It behooves the current Legislature to abide by the law, which the previous legislature enacted. That’s a fact.

The Legislature has the lawmaking authority, while the Executive Branch enforces those laws passed by the Legislature. It’s a constitutional provision. But isn’t the approval of the rezoning of the San Roque area to allow a hotel to be built there over-stepping or ignorance and disrespect of codified laws, rules and procedures established by the enforcing body of the government?

Zoning administrator Therese Ogumuro complains that the Legislature is ignoring codified laws, rules, and procedures regarding the zoning and rezoning of areas. According to a recent news report, Ogumuro complained to the Saipan legislative delegation that the Legislature has bypassed codified laws and procedures in the approval of the rezoning of an area in San Roque, Chalan Kiya, as well as areas along Beach Road. Ogumuro notes that the governing laws on zoning are 7242 and 7251 of 2 CMC. With all due respect, the zoning board holds public hearing on applications for rezoning of areas to put up buildings, etc., and the public hearing is the proper place to start rezoning proposals.

Why should the Legislature heed the codified zoning laws as observed by the zoning board? Well, there is the doctrine of separation of powers, which governs the operation of the three branches of government. The Legislature legislates, the Executive Branch enforces, and the Judiciary judges. This is true all the time.

Is the zoning board a legitimate entity? Of course it is. It starts with the CNMI Constitution and followed the laws that defines the creation of that board. The Constitution allows a board to exist per Section 15. Section 21 says, in essence, that members of a board shall be independent and shall operate outside the managerial responsibility of the regular governmental departments and their subordinate agencies. It should be common courtesy then for the Legislature to consult the affected offices in the Executive Branch where expertise exist for professional opinions and recommendation and not intrude into the operations of departments and subordinate offices of the two other branches.

Was it brash political intrusion? Yes, it was. Submit your re-zoning proposal to the zoning board, and attend the board’s public hearing to persuade and to explain yourself, your goals, objectives and your dream in wanting a rezoning. Avoid the intrusion with common courtesy, and it should work just fine.

Rudolfo M. Sablan
Garapan, Saipan