‘OGA case a frustrating, enlightening experience’

Rep. Tina Sablan, who sued the government in February over non-disclosure of records—some of which were ordered released by the Superior Court—said the Open Government Act case has been frustrating but also enlightening.

“I have become quite familiar with the tactics that agencies unfortunately use sometimes to try to confuse, mislead, or tire out people who seek information that such agencies would rather not disclose,” Sablan told Saipan Tribune.

Greg Cruz, president of community watchdog Taotao Tano Group which, for three-and-a-half years has been invoking the Open Government Act to ask for government records on a number of issues, said only the Department of Public Lands has given them the runaround and refuses to release requested information.

He said the group is planning to file a lawsuit against DPL for non-disclosure of government records pertaining to homesteads and land compensation.

Cruz said all other government agencies they have asked data from have been “fair.”

He said invoking the Open Government Act or “Sunshine law” has exposed corruption, mismanagement and illegal activities in the CNMI.

“Without the Open Government Act, CUC’s extortion case wouldn’t have happened,” he said, referring to the case involving Tim Villagomez who resigned as lieutenant governor over the weekend after he was found guilty of federal criminal charges on Friday.

Also found guilty were former Commerce Secretary James Santos and his wife Joaquina Santos, who is Villagomez’s sister.

Sablan said all agencies and departments, including the Office of the Governor, the Department of Finance, and the Attorney General’s Office, have dedicated and capable staff who take Open Government Act request for information and customer service seriously and respond right away to inquiries and requests for information.

“Whether or not these employees feel empowered to deliver information and answer questions, however, often depends on management. Sometimes I have found that even managers are hesitant about releasing information,” Sablan said.

The lawmaker said every agency and department head should make it a point to read the Open Government Act.

The same officials, she said, also need to ensure that all staff members fully understand their duties and responsibilities to provide information under the statute, including their obligation to liberally construe the Open Government Act in favor of disclosure, and to withhold information in only the narrowest of circumstances.

Sablan said concerned citizens play an extremely important role in the effort to open up the government.

“I think the first step for all of us is to know our rights: to read the Open Government Act, and understand the process for seeking out information, following up on requests, and appealing decisions if requests are denied,” she said.

Continually asking questions about issues of concern, participating in public hearings and forums, attending legislative sessions, reporting public corruption, putting into office people who are truly committed to open government, organizing citizen watchdog groups, and effectively using the power of mass media to raise awareness about critical issues and influence policy decisions, are just a few ways for concerned citizens to do their part to create a more open and honest government.