Terms of 2 CCC commissioners expiring April 30

Four members of the Commonwealth Casino Commission board are serving as judges in a pending case whether to revoke or not the exclusive license of the Imperial Pacific International (CNMI) LLC, but the terms of two commissioners are expiring this April 30.

When the terms of commissioners Ramon M. Dela Cruz of Tinian and Martin Mendiola of Rota expire by the end of the month, this will leave vice chair Rafael S. Demapan of Saipan and commissioner Mariano Taitano of Saipan as the remaining judges in the revocation case against IPI. Chairman Edward C. Deleon Guerrero of Saipan recused from the case.

The commissioners’ deliberation whether to revoke or not IPI’s casino license was supposed to be held today, Tuesday, but Demapan reset it to April 9, 2024 at 10am in the CCC conference room, after IPI filed another request for temporary restraining order to stop the deliberation.

It means that the commissioners, sitting as judges in the revocation matter, should come up with a decision before their terms end by April 30.

Deleon Guerrero disclosed during the board’s monthly meeting last Thursday that with the expiring terms of Dela Cruz and Mendiola, Gov. Arnold I. Palacios needs to make an appointment so that the new two commissioners would serve beginning May 1, 2024.

Deleon Guerrero said the new commissioners may get a heads up that they will be serving pro bono because there’s no money to pay them.

“But this is critical because if this thing is not resolved, it will require a minimum of two members to make a revocation occurs. So, this is an active issue that needed to be to be resolved,” the chairman pointed out.

Deleon Guerrero disclosed that he advised Palacios that the appointment will be necessary as the law has changed from Public Law 18- 56 to Public Law 21-38.

He said under Public Law 21–38, the governor makes the appointment of the commissioners and it needs the advice and consent of the Senate.

The chair noted that, in the prior Public Law 18-56, it was every senatorial district that does the appointment and confirmation, and the governor did only for Saipan.

He said the new commissioner’s term would begin May 1, 2024 and ends April 30, 2030.

Dela Cruz said in an interview that he already served six years and that Public Law 18-56 specifically mentioned that the casino commissioner can only serve one term.

Dela Cruz said it’s been a learning experience and sad to say that since he got on board, all they did was try to get IPI into compliance.

“It’s been a very difficult six years and we haven’t resolved the noncompliant violations that we have stipulated,” he said.

Dela Cruz said since last year, the CCC has not been paid by IPI with the annual regulatory fee and that as a result, the commission went payless for one whole year.

“And that’s why we only have three staff with us,” said the commissioner, adding that the salary for the three staff came from the American Rescue Plan Act that the governor helped them for one month.

He said the one-month salary for the three staff, however, will be expiring on April 13, 2024. One of the staff is executive director Andrew Yeom.

Dela Cruz said it’s very difficult having not been paid for over a year as he pays for his own transportation to come to Saipan to attend the regular monthly board meeting.

“It’s really draining for me and my family,” he said.

As to criticism against the commissioners by some lawmakers, Dela Cruz said everybody is entitled to their own opinion.

He said everybody’s blaming the commission because they are the regulatory body that supposedly have to keep IPI in compliance.

“But sad to say, we’ve been doing that for the past six years and it’s not an easy job. People blame us because we delayed the revocation process…but you know we have to respect the court’s decision. Whenever the court issues a TRO, what can we do? Our hands are tied,” Dela Cruz said.

Mendiola, on the other hand, has only served two years as he’s serving the remaining term of Diego Songao, who retired for medical reasons.

Mendiola said when he was first got appointed, he was very hopeful that they can resolve the issues with IPI.

He said his major focus was to resolve the issues with IPI as a member of the commission so that they can reestablish and continue the gaming industry.

Mendiola said at the time the IPI casino was operating, they realized it’s a very significant investment and a new economic activity for CNMI.

“And so that’s what I was looking forward to be able to do to help the commission to reestablish during my term,” said Mendiola, adding that unfortunately prior to his appointment IPI consistently has taken the CCC into the court system and even to the CNMI Supreme Court.

Mendiola said they have been successful in courts as the assistant attorney general was helping the commission.

“And so it’s very disheartening. I’m leaving and we haven’t accomplished any of that other than again, like the latest is that they are filing a TRO on us,” he said.

Mendiola said a lot of people in the public are blaming the commissioners and that he does not see how they can blame them when they have to comply with all the court processes.

Mendiola said every time they resolve something, IPI would come up with something else so they never can move forward to resolving these issues.

He is however, still optimistic that something should happen so they can move this industry forward.

“We need it for economic development in the CNMI,” the commissioner said.