FREEFIRE

FREEFIRE: With a proposed constitutional convention going on the ballot in this year’s election, what specific provisions in the CNMI Constitution do you think need to be changed, revised, or struck out? Why?

18 suggested constitutional amendments

By Bruce Jorgensen

The following list constitutes a partial compilation of suggested amendments to be considered by delegates at the proposed CNMI Constitutional Convention. These suggestions incorporate, in addition to my own notions, those suggested by others who, fearing retaliation or reprisal against themselves or their family members by CNMI officials, do not feel at liberty to have their names published.

1. Reduce by two-thirds the size of the CNMI Senate, giving Saipan, Tinian, and Rota one senator apiece in the Senate; and reduce the number of Saipan House members by two-thirds. While the Covenant requires a bicameral legislature, the size of that legislature may be constitutionally diminished.

The most populated of the 50 U.S. states, California, has 35,893,799 residents; the least populated, Wyoming, has 506,529 residents. With two U.S. senators apiece, the ratios are 1 senator per 17,946,899 California residents, and 1 senator per 253,265 Wyoming residents. The CNMI’s ratio? On Saipan, with 62,392 residents, it is 1 senator per 20,798 residents. On Tinian, with 3,540 residents, it is 1 senator per 1,180 persons. On Rota, with 3,283 residents, it is 1 senator per 1,094 residents. The end result of a two-third reduction: diminished salaries, costs, perks. Less politics and, perhaps, more legislating. And less nepotism with increased visibility. Oh, and require a time clock, for our elected officials to clock in and out—with absenteeism of 30 percent or more penalized by zero retirement/sickness/annual leave benefits.

2. Require all CNMI judges—as they require of the lawyers before them—to have graduated from law schools accredited by the American Bar Association, and to have taken and passed the CNMI Bar Examination. And make this both retroactive and applicable to sitting judges, including the two current CNMI Supreme Court justices seeking judicial retention in the upcoming election. With the Chief Justice protesting the fact of the retention election (July 11, 2005, Marianas Variety), and the other urging the CNMI electorate NOT to “re-examine the ‘qualifications’ of a justice or judge” (July 20, 2005, Saipan Tribune), red flags should be waving to all CNMI voters considering these justices’ retention. Have these justices met the criteria they impose upon others? Taken and passed the CNMI bar? Graduated from ABA accredited law schools? Benefited from legislative/administrative modifications orchestrated in the past to foster their appointments as lawyers in other government positions? It would seem that re-examining the “qualifications” of a justice or judge seeking judicial retention is exactly what the CNMI electorate should be doing this fall. And wonder, in the process, at the deafening silence-in-public by most CNMI lawyers on this issue—a silence I have the luxury of breaking solely because I am not a member of the CNMI Bar, having refused to take and pass the CNMI Bar Examination out of unwillingness to be muzzled on this point.

3. Prohibit government from supplying CNMI-paid vehicles and gasoline to executive, legislative, and judicial personnel (directors, representatives, senators, judges), other than those entrusted with public safety/education/utility services. Give each branch one bus. Let our esteemed congressmen, senators, and judges meet daily and ride to work together on their CNMI-paid buses, identical to the buses they deem worthy to transport our children. This will ensure that they are all at work on time, and save tremendous amount of CNMI funds. Alternatively, in lieu of a bus, provide each with a bicycle; pedaling up and down Capitol Hill daily will improve their collective health and might inspire voters/constituents to exercise also (Personally, I could use the motivation). Gives new meaning to the notion of “active leadership”, no? And, when purchasing necessary vehicles, do so via fleet-purchases: one make, one model, no airconditioning, no CD—thereby lowering the purchase price, making the vehicles easier to cannibalize over time, and ensuring that the vehicles will not be parked under trees, windows up, and A/C blowing during government working hours.

4. Reduce by two-thirds the amount of annual funding to the CNMI Legislature and the CNMI Judiciary. Or bring back Bob Hefner, who managed to run the Guma Hustitia single-handedly with no particular difficulty, and well.

5. Prioritize use of CNMI-funded buildings, with PSS at the top, and the Legislature and courts at the bottom. This means that our most vital resource, the CNMI children, will be entitled to go to school at the cavernous Guma Husticia building or at the Legislature—both with fully functioning A/C, toilets, and electricity—while our “leaders” convene in the cramped PSS compounds, which, in that event, would likely procure swift renovation and funding.

6. Create overseas CNMI Labor Hearing Offices, one in the Philippines and one in China. While our nonresident workers are entitled to hearings, those hearing need not be convened in the CNMI itself. Take away one of the primary incentives for submitting frivolous labor complaints—that is, the submitter’s design to stay in the CNMI by effect of a pending complaint—and the number of complaints will likely diminish significantly.

7. Precluding the CNMI from leasing apartments overseas. With the $40,000 monthly rent paid to Pagoda Hotel owners over the past 10 or so years, the CNMI could have used that $4.8 million to buy a decent apartment building. Like Palau leaders had the wisdom to do a few years ago.

8. Forge a fuel-purchase-cooperative-agreement with Guam, Marshalls, FSM, and Palau utilities. Buy in bulk. Save in bulk. Easy. Contact Smith Tug & Barge in Honolulu (which does this for Hawaiian Electric and Lanai power companies). The number is in the Honolulu telephone book. Ask for Gordon Smith.

9. Create a DPS Traffic Authority employing Traffic Monitors who, though not fully trained police officers, shall be empowered to ticket motorists for speeding/traffic/parking offenses. This will free up seasoned and highly trained DPS personnel to perform more essential duties. And ditch most DPS vehicles in lieu of bicycles, golf-carts, or the three-wheeled carts long used in Honolulu. We will have more physically fit officers who, on quiet bicycles, might catch a burglar or two sometime.

10. Require all nonresidents to have taken and completed a CNMI-accredited driver’s safety school before applying for a CNMI driver’s license. As licensing is a privilege and not a constitutionally protected right, this is wholly permissible. And require insurance of all vehicles, the penalty being on-the-spot seizure for all offenders. A boon this, too, for tow-truck operators.

11. Target non-U.S. non-PRC businesses for CNMI investment—preferably those having good human rights/commerce standards, but lacking free trade agreements with the United States or the People’s Republic of China, such as New Zealand (no FTA with US or PRC) or Australia (no FTA with PRC). Two reasons: First, they may ship goods into the United States via the CNMI by virtue of the Covenant. Second, they may ship goods into PRC via the CNMI as the CNMI is a beneficiary of the US-PRC free trade agreement, which took effect recently. And the CNMI sits in the middle, with two new Matson ships making the Long Beach-Honolulu-Guam-China run.

12. Require bicycle registration, with on-the-spot-seizure for non-compliance and/or violation of road rules. This alone might alleviate some of the difficulties in China Kanoa (formerly Chalan Kanoa) during congested traffic periods.

13. Declare the CNMI a “safe haven” for practicing Roman Catholics from PRC, as the CNMI is now a “preferred tourist” destination. As reported last summer, our brother Catholics are routinely imprisoned, including Bishop Yao Liang who was thereby precluded from participating in the Pope-selection process. And we could all use a few more good Christians here in the CNMI.

14. Convert empty CNMI garment factories to CNMI-sanctioned maternity homes, encouraging pregnant women from places like China and Russia to visit the CNMI, at eight months pregnant or so, to deliver little U.S. citizens. This has been going on for years, so why not have the government capitalize on it as well, perhaps via a baby-tax. Or a conception tax?

15. Seeking construction of a federal prison facility on U.S. land situated on Tinian. Who wants a military base—that would bring U.S. voters after all. Better to have a group of folks who, being felons, are prohibited from voting. Would have little impact on traffic. Would be fairly well behaved. And would spur the local economy, needing food, water, clothing, supervision, and magazines. With daily visits from off-island relatives.

16. Declare a fourth “official CNMI language.” After all, with Mandarin the language of the CNMI economy, we might as well start learning it now.

17. Require a balanced CNMI budget. And employ an economist with at least a degree in economics.

18. Deduct CNMI Retirement accrual rights/payments from all persons appointed or promoted under Teno or Lang for breach of fiduciary duty, as evinced by the State of the CNMI—and pay them in Chinese yuan rather than U.S. dollar.

Jorgersen is a lawyer who used to practice in the CNMI.