‘Only one deciding on public funds’ spending is a mistake’

Marissa Renee Flores

Witness testimonies during public hearings by the previous 22nd Legislature made it clear that leaving decisions of spending public funds to just one person or even a single committee was a mistake, according to Rep. Marissa Renee Flores (Ind-Saipan) yesterday.

“Our laws need to clarify the oversight of public spending and empower investigative authorities in the collection of information to hold public officials accountable for misuse of their office,” said Flores, who chairs the House of Representatives Judiciary and Governmental Operations Committee.

Flores cited the alleged lack of transparency in government, especially in the use of public money during the Torres administration, shortly before the House passed her legislation to create an investigative division within the Office of the Attorney General, codify investigative subpoena power, and improve the investigation of cases involving public corruption.

Flores introduced House Bill 23-22 bill last March 9; it was then referred to the House JGO Committee, which later recommended the legislation’s passage. All 16 representatives who were present in yesterday’s special session voted to pass the legislation. Rep. Ralph N. Yumul (Ind-Saipan) was present at the session, but was not in the chamber during the voting.

While the Legislature can continue to hold hearings and bring to light problems related to public spending, Flores said the time has also come to pass laws that prevent future corruption and hold accountable public officials who misuse their offices. She said this is why she filed a series of bills focused on adding muscle to agencies that investigate and prosecute crimes.

Flores pointed out that when the previous 22nd Legislature investigated how the money from the Building Optimism, Opportunities, and Stability Together, or BOOST grant program, was spent, the Legislature used subpoenas to collect document that explained how public officials distributed the money. The Legislature also used subpoenas to compel witnesses to testify.

“This [proposed] legislation makes sure that the attorney general has the same tools when investigating crimes and bringing cases to justice,” she said.

Flores said H.B. 23-22 is the next step that this Legislature must take if they are to build on the hearings of the last Legislature.

According to the JGO committee’s report, establishing an investigative division within the OAG is important in order to assist other investigative agencies’ findings and build a stronger case involving public corruption during trials. In the event of a complaint against a public official, the investigators of the OAG will need documents, information, and objects for investigative purposes. As the main prosecuting attorney of the CNMI, it would be imperative of the OAG to exert its own investigative efforts for better prosecution at trial.

The committee report noted that the attorneys general in Texas, Maryland, Hawaii, and others have their own version of an investigative division.

The committee said it is of great importance to create a similar setup and allow for the CNMI OAG to gather information and witnesses needed for better prosecution against individuals who betray peoples’ trust.

The committee amended the proposed legislation to incorporate the comments made by the OAG, Officer of the Public Auditor, and the Office of the Public Defender. That included removing language that required annual training for AG investigators by OPA, and extend subpoenas to consumer protection investigations.

Other amendment is to respect the witness’ right to an attorney, provided that the attorney remains outside while witness is being questioned and the witness can consult such attorney at any time requested by the witnesses.

The enactment of the bill will result in additional cost to the government since it aims to create a new division within the OAG. The division will require additional staff, training, equipment, and other resources.

However, the committee said, the benefits of creating a new division will heavily outweigh the costs by increasing law enforcement efforts.