Officials admit to OGA violations

Lt. Gov. Ralph DLG. Torres, House Speaker Joseph P. Deleon Guerrero (R-Saipan), and House vice speaker Rafael S. Demapan (R-Saipan) have admitted to violating the Open Government Act in the passage of Public Laws 18-38 and 18-43, also known as the Saipan casino law.

The admission was made as part of a settlement agreement between the officials and private citizen Glen Hunter, who sued them and the CNMI government for not complying with the notice provisions of the OGA when the Saipan casino law was enacted.

As part of the deal, Superior Court Associate Judge David A. Wiseman dismissed Hunter’s lawsuit yesterday.

The terms of the settlement agreement require Torres, Deleon Guerrero, and Demapan to pay Hunter’s counsel, Jennifer Dockter, $10,000 as payment for all attorney’s fees incurred in prosecuting Hunter’s claims. The parties agreed that all other fees and costs shall be waived. Hunter incurred attorney’s fees in excess of $20,000.

Torres, Deleon Guerrero, and Demapan will pay the $10,000 by check to the Law Office of F. Matthew Smith, where Dockter works, on or before yesterday.

The settlement agreement didn’t specify whether the government or the officials will pay the $10,000 in their personal capacities.

Aside from Hunter, Torres and the two lawmakers, the other signatories in the settlement agreement are their respective counsels—Dockter for Hunter, assistant attorney general David Lochabay for Torres, attorney John Cool for Deleon Guerrero and Demapan, and a representative for Attorney General Edward Manibusan.

Wiseman was supposed to hear Torres’ motion for a protective order last Feb. 12, but it did not push through after the parties informed the court they were in the middle of talks to possibly settle the lawsuit.

Hunter sued the government, Gov. Eloy S. Inos, the Lottery Commission, Torres, Deleon Guerrero, Demapan, and Rep. Felicidad Ogumoro (R-Saipan) for violating the OGA when they enacted the Saipan Casino Act without following the OGA’s public notice provisions.

Prior to the settlement agreement, the parties agreed to dismiss the claims against Inos and Ogumoro.

Last October, Wiseman issued a decision that dismissed the Lottery Commission as a party in the lawsuit.

In an interview shortly after notifying the court about the possible settlement last Feb. 12, Dockter stated that the defendants raised the idea of settlement and that, as always, she and Hunter are open to settlement.

“Our entire purpose has been to force transparency and if we can talk settlement, that’s always an idea. We never want to the litigate this,” Dockter said.

“There is nothing that we would ever agree to keep secret. The entire purpose of this is transparency and openness. The settlement would be the same thing,” Dockter said.

She said the lawsuit was never been about trying to sue people, or a political party, or a political favor, or the casino.

“Contrary to what I think some people believe, it’s not about casino. It’s always been about transparency,” she pointed out.