Officials admit to OGA violations
Lt. Gov. Ralph DLG. Torres, House Speaker Joseph P. Deleon Guerrero (R-Saipan), and House vice speaker Rafael S. Demapan (R-Saipan) have admitted to violating the Open Government Act in the passage of Public Laws 18-38 and 18-43, also known as the Saipan casino law.
The admission was made as part of a settlement agreement between the officials and private citizen Glen Hunter, who sued them and the CNMI government for not complying with the notice provisions of the OGA when the Saipan casino law was enacted.
As part of the deal, Superior Court Associate Judge David A. Wiseman dismissed Hunter’s lawsuit yesterday.
The terms of the settlement agreement require Torres, Deleon Guerrero, and Demapan to pay Hunter’s counsel, Jennifer Dockter, $10,000 as payment for all attorney’s fees incurred in prosecuting Hunter’s claims. The parties agreed that all other fees and costs shall be waived. Hunter incurred attorney’s fees in excess of $20,000.
Torres, Deleon Guerrero, and Demapan will pay the $10,000 by check to the Law Office of F. Matthew Smith, where Dockter works, on or before yesterday.
The settlement agreement didn’t specify whether the government or the officials will pay the $10,000 in their personal capacities.
Aside from Hunter, Torres and the two lawmakers, the other signatories in the settlement agreement are their respective counsels—Dockter for Hunter, assistant attorney general David Lochabay for Torres, attorney John Cool for Deleon Guerrero and Demapan, and a representative for Attorney General Edward Manibusan.
Wiseman was supposed to hear Torres’ motion for a protective order last Feb. 12, but it did not push through after the parties informed the court they were in the middle of talks to possibly settle the lawsuit.
Hunter sued the government, Gov. Eloy S. Inos, the Lottery Commission, Torres, Deleon Guerrero, Demapan, and Rep. Felicidad Ogumoro (R-Saipan) for violating the OGA when they enacted the Saipan Casino Act without following the OGA’s public notice provisions.
Prior to the settlement agreement, the parties agreed to dismiss the claims against Inos and Ogumoro.
Last October, Wiseman issued a decision that dismissed the Lottery Commission as a party in the lawsuit.
In an interview shortly after notifying the court about the possible settlement last Feb. 12, Dockter stated that the defendants raised the idea of settlement and that, as always, she and Hunter are open to settlement.
“Our entire purpose has been to force transparency and if we can talk settlement, that’s always an idea. We never want to the litigate this,” Dockter said.
“There is nothing that we would ever agree to keep secret. The entire purpose of this is transparency and openness. The settlement would be the same thing,” Dockter said.
She said the lawsuit was never been about trying to sue people, or a political party, or a political favor, or the casino.
“Contrary to what I think some people believe, it’s not about casino. It’s always been about transparency,” she pointed out.
Transparency is good. Lawsuits are the last option but sometimes necessary. I am glad this got settled. I hope for the same at CHCC and other areas which lack transparency
“Solution Driven Leadership” WoW…
Exactly.
Problem: Win an election. Solution: Bring in a large amount of outside money with a lot of hype and distribute it to a large proportion of the electorate; indeed, make sure almost every voter gets at least something.
Problem: “Smoking gun” of corrupt dealings about to exposed by discovery proceedings in lawsuit. Solution: Terminate discovery proceedings by admitting violation of law requiring public meetings, advance public notice, and access to government records and thus settling lawsuit without any damaging or substantial remedy.
Problem: Bad publicity from admitting violation of law. Solution: Say we always have done it this way (implying that it is just a technical violation, not a pattern and practice of “doing the public’s business” without transparency or public involvement). Who us? Breach a fiduciary duty? What’s a fiduciary duty?
“Solutions driven leadership.” For us. Not you.
What a sham.
So does this make them liable for prosecution for breaking the law in their official capacity??
If so it would seem the OPA would have to be the one to prosecute.
But in any event it would be doubtful if anything was to happen in this matter that is why they have no shame or fear of admitting their breaking of the law.
The best thing that may be able to come out of this is for some one some how to be able to get the truth on their travel and all that relates to it.
Avoiding the truth of what went on in Hong Kong is precisely why they admitted to violating the OGA. Lochaby was clearly subject to sanctions for instructing his client not to answer in a deposition. A deponent MUST answer all questions in a deposition, even if his attorney objects. The only exception is if his attorney “instructs” him not to answer. This is a very serious action by the attorney, generally allowable only to protect attorney-client privilege or pursuant to a protective order. Lochaby stuck his neck out pretty far on behalf of the Lt. Governor. Expect him to be rewarded handsomely.
So the lawsuit is over. Unless someone else files another lawsuit, there is no probe into what went on in Hong Kong. The casino frigate sails on. Hunter is out of the question as a potential plaintiff, and we all know how difficult it is in the CNMI to get any citizen to take up the cudgels against those in power. Too much fear. Too much weakness. Too much concern for self interest. Too much resignation and surrender to a sense of inevitability and impuissance. As for Ms. Dockter, she gets paid and no longer has to fight for a difficult and unpopular cause.
Someone now should pursue where Hunter left off! OPEN IT UP LIKE A CAN OF SPAM and have a look-see what else is in there…
Nice job, AG Ed, of “cleaning up the government.” OGA lawsuit settled, top public officials off the hook, OGA violations admitted without any meaningful remedy. And here we thought the IT squad was supporting Michael Evangelista.