Senate weighs Yumul expulsion
The Senate leadership now weighs expelling as early as Tuesday one of its own—floor leader Ray Yumul (Ind-Saipan)—over what they say is Yumul’s violation of a constitutional provision by not resigning as a senator upon Wednesday’s certification of his candidacy for lieutenant governor in the Nov. 4 general elections. Yumul instead filed for “personal leave” effective today.
“We hope it won’t reach that point when he will be voted for expulsion. We would have wanted for him to have a graceful exit,” Senate vice president Victor B. Hocog (R-Rota) told Saipan Tribune yesterday.
Hocog, chairman of the Senate Committee on Rules and Procedure, confirmed that the nine-member Senate could have a special session on Tuesday, only to tackle Yumul’s standing as a member of the 18th Senate.
As of close of business yesterday, Yumul has not submitted a resignation letter to the office of Senate President Ralph Torres (R-Saipan).
Article 8 Section 5 of the NMI Constitution reads, “Resignation from Public Office. An elected public official shall resign from office upon certification to be a candidate for another public office, if the term of the office sought begins before the end of the term of the office held.”
Yumul, who was elected senator in 2012, is now a certified independent candidate for lieutenant governor in the Nov. 4 general elections. He is running with former House speaker Heinz S. Hofschneider.
Torres, the current Senate president, is also running as lieutenant governor under the Republican Party. Unlike Yumul, Torres’ term as senator expires in January. Torres’ running mate is Gov. Eloy S. Inos.
“The Constitution takes precedence over politics,” Hocog said.
Hocog said the Senate could not just sit idle and continue to allow a constitutional violation.
Sen. Pete Reyes (Ind-Saipan) earlier told Saipan Tribune that he hopes Yumul would “do the right thing.”
For days now, Yumul has not been responding to calls and texts for an interview regarding his standing at the Senate. His office on Capital Hill remains open as of yesterday. He continues to campaign, including a meeting last night with a group of young voters whose parents are longtime foreign workers in the CNMI.
Yumul, however, sent out three memos on Tuesday, a day before the Commonwealth Election Commission’s certification of candidacies, copies of which were obtained yesterday.
The first memo, addressed to the Senate president, states that Yumul will be “on personal leave beginning Friday, Aug. 15, 2014.” The memo does not say when he plans to return from personal leave.
Yumul asked to be “excused from any meetings or sessions during this time.” He said any inquiries may be forwarded to his office via Kory Sablan, or through Kimberly Reyes at the office of Rep. Roman Benavente (Ind-Saipan).
In the second memo also addressed to the Senate president, Yumul said he authorizes Kory Sablan and Kimberly Reyes “to oversee and manage my office during my leave of absence beginning Friday, Aug. 15, 2014.”
“They will be in charge of processing any re-occurring billings and to wrap up the office and its accounts in anticipation of the end of the fiscal year,” Yumul told Torres.
In a third memo, Yumul told the Senate president that in light of his being on personal leave starting today, he is delegating Sen. Frank Cruz (R-Tinian), as vice chairman of the Senate Committee on Judiciary, Government and Law, to become the committee acting chairman.
“Any matters relating to the committee should be forwarded to his office,” Yumul added.
Whether Yumul resigns on or before Tuesday or he gets expelled from the Senate, the Senate would have to inform the governor that there is a vacancy at the Senate. Because the vacancy happens before the middle of the term, the governor would have to call for a special election for a third Saipan senatorial seat.
Election Commission executive director Robert A. Guerrero recommends to the commissioners to hold a special election on the day of the Nov. 4 general elections to save costs, if and when the governor calls for a special election.
Besides the general elections and a likely special election on the same day, the CNMI is also headed for a gubernatorial runoff election if no one among the four gubernatorial teams gets at least 50 percent plus one of the votes cast in the general elections.
On leave
Non-elected government personnel whose candidacies were certified on Wednesday, meanwhile, have immediately filed for leave.
Among them were press secretary Angel Demapan, who is seeking a House seat for Precinct 1 under the Republican Party; Department of Lands and Natural Resources Secretary Arnold I. Palacios, who is seeking a Saipan senatorial seat under the Republican Party; and senior legislative assistant BJ Attao, who is seeking a House seat for Precinct 3 as an independent.
The acting DLNR secretary is Manny “Brown” Tenorio, the director DLNR’s Agriculture Division, while the acting press secretary is Ivan Blanco.
Personnel director Isidro K. Seman also earlier reminded government employees who are seeking bids for a political office to take a leave “immediately” after the election board certifies their candidacy. The election board certified 99 candidates on Wednesday.
“Employees will not be allowed to work on weekends nor use sick leave or any other paid leave during this time. Candidates will be allowed to return to work following the announcement of the election results,” Seman said in a July 31 memorandum.
What about the Governor and LT? They are both running for office. Are they on leave through the election? OPA where are you?
As usual Ray Yumul is confused. In the first place he was not sure to run or vacate his seat to run as Lt. governor with Heinz. Yumul knows that he will be out of job if he resigns and clearly he will be violating the Constitution but instead ignoring and thumbing the supreme law of the land.
Bending laws, well what would he be like it he was elected.
Senator Yumul, as a congressman you were brilliant. As a senator likewise. Here is where it unravels. How could you not know that when you declared to be Heinz’s running
mate that you would have to resign thus ending or suspending your political career as a Senator should you not win the governorship. As the saying goes if it ain’t broken don’t fix it. Now,if you found a loop hole in our constitution reveal it. I doubt there is one. Now you forced the hands of your own colleagues to expel you as is written in the constitution . Good luck sir.
Just do it, ray! “The Constitution take precedence over politics,” Hocog said. Victor, why dont you go to congresswoman dahling and explain to her what you just said.
Senator Hocog, Why does Senator Yumul have follow the law now??? What about the others in the past who didn’t resign from office while seeking office for another post???? Shall we say names??? Senator Hocog, you should honor the “Gentlemen’s Agreement” that you guy’s practice in the Legislature for the past decade or two!!!!! And you should stop your childish cry baby games!!!!
Guardian,
Our society is governed by the rule of law to protect our citizens. The CNMI Constitution takes precedence over your so call “Gentlemen’s Agreement.”
Senator Hocog is in a position to enforce our constitution and we should give him credit for doing so. Just because there were impropriety at the CNMI Senate in the past doesn’t mean that it should continue. Either it is a statutory law or written law, common law, administrative code or regulatory law, it should be enforce to the fullest in the CNMI.
Guardian,
Our society is governed by the rule of law to protect our citizens. The CNMI Constitution takes precedence over your so call “Gentlemen’s Agreement.”
Senator Hocog is in a position to enforce our constitution and we should give him credit for doing so. Just because there were impropriety at the CNMI Senate in the past doesn’t mean that it should continue. Either it is a statutory law or written law, common law, administrative code or regulatory law, it should be enforce to the fullest in the CNMI.
Jun,
If I wanted a lecture on laws and the constitution, I would ask my dog about it, certainly not from you!!!! You should learn to mind your business!!!! In the future if you want to comment, please comment on the topic and not on other people’s comments!!!!! Your just like “maniakis”!!!!
Guardian,
I apologized if I had antagonized you with my statement above. I will keep it in mind not to respond to your opinion in the future. I was merely expressing an opinion and in no way trying to lecture you or anyone about the law.
I am just curious, your dog must be super smart and I needed someone or anyone to tutor me with my masters program in Psychology.
Once again I am sorry for my ignorance.
Guardian you are just like Heinz and Ray Yumul — sick in the head. Your understanding and capacity to be reasonable is limited and out of nowhere.
Maniakis,
Amigo, you are the one that’s sick in the head and sick everywhere!!!!! And also angry, because the law caught up to all your CORRUPTED friends in the government!!!! Your Earthly Father is gone, next is your Earthly Mother Felicidad Ogumoro!!!! Ai no more Monkey business!!!!
Banana, read lai the article above as it references the NMI Constitution Article 8 Section 5) that clearly dictates who needs to abandon post. Or better yet, read the whole NMI Constitution – can’t go wrong with that. We really need to research and present facts instead of questioning without substance. Peace out Tanduki.
While their resignations may not be constitutionally mandated, their failure to do so places them in serious jeopardy of violating the Government Ethics Act. Gov. and LT are 24/7 positions and so is political candidacy.
wait, let him reason out and will see. fair enough.
Lot’s of bright minds…
Too funny. Since when do these clowns follow rules of law? In the past they have allowed convicted felons to remain on the payroll. They have repeatedly allowed persons arrested and in jail to remain on the payroll. They ignore and go around and even change laws to suit their own needs. Hold close door secret meeting and vote law changes without any public hearings etc. They refuse to take up impeachment proceedings against a person that has violated many laws and even controlled the AG to violate and /or interpret laws contrary to what the law actually states,and now are fast to jump on a candidate that is running against their party.
Although I do not dispute the fact and think the law should be followed but it is still funny.
Now as questioned below, what about the others that are running? Why don’t they have to resign?
He is trying to take advantage in order to get paid while campaigning…I’d like that job too. Just as he did when he was serving in Iraq, he was getting his full salary as a legislator while getting full pay and benefits from the military in violation of the posse commitatus act!…greedy Yumul = more corruption! Please vote both Yumul’s out of our government as one will still have influence over the other should one of them remain. Who knows?/? The losing Yumul could and would be hired as a consultant to the victorious brother. Please think about it!
Posse Comitatus Act…or otherwise known as the Insurrection Act. Did Yumul bring US forces to the CNMI as enforcers?
Hold on there tayalimpio, don’t get personnel get professional, vote them out. Senator Yumul served our country. Many of you who never served will never understand the ramifications of what serving means. Senator Yumul should have donated some of his CNMI pay, he made more while deployed. Thank you.
John,
I don’t want to be sarcastic, but many of us served our country in the real Army and Marine Corps. We worked seven days a week and 365 days a year at any given year for many years. In the Marine Corps, we were deployed to places so call hot spot throughout the world in moments notice and not knowing what was heading our way.
Serving means, our country comes first before ourselves, our families, friends and lots of sacrifice on our part. We were not privy to be friend or the pet of the command and we did not enjoyed the protection of the green zone at all times that was afforded to someone we are discussing. Maybe he was given special treatment, because for his position in the civilian world.
We call these outfit weekend warriors or the PX Battalions in the real Army or Marine Corps.
John,
I don’t want to be sarcastic, but many of us served our country in the real Army and Marine Corps. We worked seven days a week and 365 days a year at any given year for many years. In the Marine Corps, we were deployed to places so call hot spot throughout the world in moments notice and not knowing what was heading our way.
Serving means, our country comes first before ourselves, our families, friends and lots of sacrifice on our part. We were not privy to be friend or the pet of the command and we did not enjoyed the protection of the green zone at all times that was afforded to someone we are discussing. Maybe he was given special treatment, because for his position in the civilian world.
We call these outfit weekend warriors or the PX Battalions in the real Army or Marine Corps.
John,
I don’t want to be sarcastic, but many of us served our country in the real Army and Marine Corps. We worked seven days a week and 365 days a year at any given year for many years. In the Marine Corps, we were deployed to places so call hot spot throughout the world in moments notice and not knowing what was heading our way.
Serving means, our country comes first before ourselves, our families, friends and lots of sacrifice on our part. We were not privy to be friend or the pet of the command and we did not enjoyed the protection of the green zone at all times that was afforded to someone we are discussing. Maybe he was given special treatment, because for his position in the civilian world.
We call these outfit weekend warriors or the PX Battalions in the real Army or Marine Corps.
It is most unfortunate but Article XVII of our Constitution states that all members shall swear to support and defend our Constitution, while Article VIII, Section 5, states that an elected official seeking another public office shall resign upon certification that he is a candidate for that office, if his term does not end in the election year in question. There is no ambiguity. Senator Ray N. Yumul should know and should have known the consequences of violating our Constitution, the supreme law of our land! No further question, your Honor! When former Governor Fitial was alleged to have violated our Constitution, this Legislature acted fast and with fury…let’s see how they act this time on this clear cut violation of our Constitution in the best interest of our people and future!