Politicians in spend-and-define trap

What is public purpose? Can members of the legislature spend their accounts for community events?

These were the questions deliberated by the House of Representatives during its recent session in what appeared to be a step to force the Department of Finance to reimburse expenditures for activities such as funeral.

Members have passed a legislation defining the provision of the CNMI Constitution on matters related to public purpose to clarify different interpretations on the issue by other government officials.

The bill, sponsored by Senate Floor leader Pete P. Reyes, heads back to the upper house to vote on amendment made by representatives.

According to the measure, public purpose would constitute traditional and cultural practices of the indigenous people of the Northern Marianas and would fall under criteria benefiting the community as a whole and specifically individuals.

Expenditures should also be reasonably related to the operation of the government and service to the community.

While the bill seems to be less controversial than other pending measures, House legal counsel Stephen McKenzie warned targeting specific race or ethnic background — in this case, the indigenous population — could drag the whole issue to court under the United States Constitution.

His bone of contention is the use of “indigenous” to modify traditions and customs and be used as criteria, a move which would only leave the proposed legislation open to constitutional challenge.

But House legal counsel Antonio Cabrera suggested that the bill be passed as it was drafted and let the Executive department veto it or allow the court to decide.

House Speaker Diego T. Benavente said Finance Secretary Lucy DLG Nielsen is waiting the legislative clarification on the term which has come under close scrutiny following demands from lawmakers for reimbursement of expenditures.

The disagreement between the legislature and the finance department over its control of members’ accounts has intensified in recent months after attempts to demand payment failed.

Some legislators have already expressed frustration, accusing the finance secretary and the public auditor of curtailing their obligations to the community.

Both officials have criticized alleged free-spending by the legislature for such activities as tent rentals at a time when the government is experiencing severe cash-flow problem due to the worsening economic crisis on the island.