Conflict of interest and the CNMI Water Task Force

According to Wikipedia, the definition of “conflict of interest” is a situation when a person in a position of trust such as a politician or attorney has competing professional and/or personal interests. Such competing interests can make it difficult to fulfill his or her duties. Even if there is no evidence of improper actions, a conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly.

A conflict of interest becomes a legal matter if an individual and/or organization tries to, and/or succeeds in, influencing the outcome of a decision, for personal benefit. If this can be proven in a court of law, then there is the potential for a conviction of the person or organization found to be guilty of a conflict of interest.

Conflict of interest can involve “self dealing”, i.e., when public and private interests collide regarding issues involving privately held business interests. Another example would involve “family interests” where goods or services are purchased from relatives and/or a firm controlled by a relative.

To mitigate any conflict of interest for people elected into public office, a “disclosure” can be requested by the electorate or others to show the assets and debts of the official. Ranges are generally given to protect the privacy interests of those officials. The purpose of disclosure is to ascertain if everything reflected in the financial documents is legitimate and there is nothing in question that would reflect unethical and improper activity.

The CNMI Water Task Force is governmental entity that is led by Lt. Gov. Diego T. Benavente. The primary purpose of the task force is to deal with the water issues for the entire island community.

One of the board members for the Water Task Force is the husband of the CNMI attorney general and general manager for the company Seafix Inc. The Water Task Force gave the Seafix organization an almost $200,000 contract for the purchase of water well drilling tools, equipment, and supplies.

Was there a bid process for this contract? If so, why did Mark Blackburn not “recuse” himself from the bid process, knowing that he was a member of the task force and general manager of a company seeking a governmental contract.

The other important question is: Why didn’t the Lt. Governor object to the Seafix company being granted the contract when he was clearly cognizant that a member of the task force was an executive manager for the firm?

To not make a gesture of intervention regarding the obvious conflict of interest involving the task force member and the company that received the contract places the onus of responsibility squarely on the shoulders of Lt. Governor Diego Benevente.

The conflict of interest with Seafix securing the CNMI government contract involves the attorney general indirectly because her husband’s company profited from a government contract and since she is married to him and works for the CNMI government, she is a part of the issue.

Although she was not directly involved with the actual granting of the contract to the Seafix company, the fact that Blackburn is her husband pulls her into the arena of conflict of interest via association.

When “overt” conflict of interest takes place, like with the Seafix company and Mark Blackburn who sits on the task force as a member, it does not take a rocket scientist to see what transpired is clearly unethical.

In 1999, Seafix had a memorandum of understanding with the Commonwealth Ports Authority. At that time, Mark Blackburn was not on the CNMI Water Task Force and Pamela Brown was not the attorney general for the CNMI. Thus, the arrangement would not be an obvious case of conflict of interest.

All of the members of the CNMI Water Task Force should step down voluntarily and allow for a new task force to formulate and handle water issues for the island community. To remain on the task force and believe that there was nothing wrong with the grant going to Seafix speaks volumes about how important water issues really are to every water task force member.

Dr. Jesus D. Camacho
Delano, California