Councils group defends empowerment initiative

Sensing a threat to their proposal, the CNMI Association of Municipal Councils told the Legislature not to panic over a proposed measure that aims to give them power to legislate on local matters.

The group, which consists of municipal councils of Saipan and Northern Islands, Tinian, and Rota, said that the CNMI Legislature would keep its “supreme power” over Commonwealth issues.

“We understand that relinquishing Legislative powers …may be difficult but members of our Legislature shall fear nothing because they have the supreme power in legislating Commonwealth-wide laws,” said the group in a position paper recently submitted to the House of Representatives.

The House decided to postpone its action on the proposal, House Legislative Initiative 14-4, and all other initiatives, following heavy criticisms from the minority bloc.

Minority bloc Rep. Heinz S. Hofschneider, in particular, opposed the passage of the initiative, warning that it would eventually deprive other senatorial districts since an empowered Saipan and Northern Islands municipal council would have the authority to appropriate revenues raised locally.

A similar position was aired five years ago when then Gov. Pete P. Tenorio vetoed a bill expanding the powers of municipal councils.

Tenorio said in his Nov. 21, 2000 veto message that, “This bill proposes to confer on the several municipal councils the authority to enact local ordinances. Such ‘legislative authority’ extends to appropriations of all locally raised revenues, and prohibits the Legislature or the governor from appropriating or reprogramming any local revenues.”

The former governor said the Constitution clearly vests “exclusive authority” to enact laws on the Legislature and local delegations.

Tenorio conceded that councils’ powers can be expanded through a constitutional amendment.

The council association said “the time has come to realize and accept the reality that the councils were established with a purpose and shall be empowered to attain that purpose.” The group said there have been attempts to empower the councils several years ago, but nothing has been accomplished yet.

The delegates to the First Constitutional Convention, it said, failed to see the need for the creation of the councils and only granted authority to the Legislature and local legislative delegations.

Amendment 25, it said, contains a provision that “additional powers and duties could be delegated to the councils as provided by law.”

Knowing this, the association said that it worked closely with the Legislature, through Rep. Oscar M. Babauta, to achieve their goal. Babauta’s proposal, House Bill 12-141, passed the Legislature but was vetoed by the governor.

Meantime, HLI 14-4, titled Municipal Government Legislative Initiative Act of 2004, amends Article 6 of the Constitution “to treat each chartered municipality form of local governments on an equal basis and to further empower them to pass local laws exclusively on local matters.”

It cites that greater local empowerment is crucial in anticipation of the CNMI’s population growth, which would translate to more complex local issues to address.

HLI 14-4, authored again by Babauta, provides that the mayor shall have the executive authority limited to local laws that affect only the island or islands served.

It provides that the mayor may propose municipal ordinances relating to local matters for enactment by the municipal council.