House Vice Speaker Francisco Dela Cruz (Ind-Saipan) believes the recently confirmed commissioners of the Saipan Casino Commission will be violating the double dipping prohibition in the CNMI.<\/p>\n
Reading from a prepared statement during Friday\u2019s Saipan and Northern Islands Legislative Delegation session at the House of Representatives chamber, Dela Cruz said: \u201cWe all know there\u2019s a general prohibition on retirees double dipping. This prohibition applies to retirees who are getting both their pension and a CNMI paycheck at the same time. Now we all know there are a few exemptions to this general rule for certain occupations and for a certain period of time. Recently the legal definition of employee was amended by the casino law. Specifically the definition of employee was amended to exempt members of the casino commission. The end result of this amendment was apparently to allow double dipping to occur by making commissioners non-employees.\u201d <\/p>\n
He said Settlement Fund trustee Joyce C.H. Tang also recently commented that members of the Saipan Casino Commission, who would make approximately $40,000 in the first year and then $20 per year after the first year, are considered CNMI government employees due to their substantial salaries and work.<\/p>\n
\u201cSo we have the administrator telling us very clearly that the effect of this salary and work volume would be to make the members of the commission employees. Whatever label we give the commissioners, the administrator will deem them as employees. She is prepared to go court to clear this matter up because of the ramifications and to avoid what she believes would be double dipping.\u201d<\/p>\n
Dela Cruz believes Saipan Casino Commission members will be double dipping regardless of how the Saipan casino law, Public Law 18-56, defines an employee.<\/p>\n
\u201cBased on my own understanding of the double dipping concept where you would essentially get paid from two public funds\u2014in this case the Settlement Fund and the public funds generated by the casino revenue\u2014and based on the foregoing it is clear the issue is not settled. Merely amending the definition of employees doesn\u2019t matter. There may be technical definitions in other matters that is overcomplicating the issue. In my opinion, if you collect two checks you are double dipping, and if you\u2019re double dipping I will not support your nominations.\u201d
\nWhen asked whether the casino commission is an \u201cinstrumentally of the Commonwealth government or not,\u201d House legal counsel John Cool said yes.<\/p>\n
Senate floor leader Pete Reyes (Ind-Saipan) said this is an issue the Legislature shouldn\u2019t concern itself with. <\/p>\n
\u201cThe qualification for a casino commissioner under the law does not call for investigation on double dipping. It has nothing to do with double dipping. If a retiree is appointed and he\u2019s qualified to double dip, let him take it to court. It\u2019s their business, not ours. Our business is to determine based on the law whether an individual that was nominated by the governor is qualified. We\u2019ve satisfied that.\u201d<\/p>\n
Reyes seemed more concerned that three months into the passage of the Saipan casino law, there is still no regulation promulgated to regulate the industry.<\/p>\n
\u201cI have never met these casino people. I don\u2019t know who they are. But I\u2019m concerned that they\u2019re not being regulated. I think it\u2019s our responsibility to ensure they get regulated,\u201d he said.<\/p>\n
Judiciary and Governmental Operations committee chair Rep. Christopher Deleon Guerrero said the Legislature should just support the Saipan casino law rather than politicize the issue or hold on to past grudges.<\/p>\n
\u201cIt\u2019s not a matter of being a proponent of this casino. No, it\u2019s already into law. That\u2019s the point. We\u2019re obligated to put those policies in place that require the Legislature\u2019s approval with regards to the nominees, that we evaluate them, look into their background, and everything. The committee has come out with the adoption of that report saying that they all meet the requirements so majority of the members have adopted the committee report to confirm. That\u2019s my whole point. It\u2019s been too long already. The law is in place already. Since that law was signed into law, there\u2019s nominations and re-nominations. It has kept on dragging.\u201d<\/p>\n
One of the three casino commission appointees, Joseph C. Reyes, said the delegation has made the decision to confirm nominees and everyone must respect that. <\/p>\n
\u201cI\u2019m not a lawyer but the Legislature has spoken, so be it. Just hope this thing will not be tied down in some legal matter again because it will further delay providing the outlay, given the magnitude of work that needs to be done. It\u2019s going to interesting.\u201d<\/p>\n
Another appointee, Alvaro A. Santos, said he personally consulted with the legal counsel of the Settlement Fund and he told him that Public Law 18-56 already took care of the double dipping controversy.<\/p>\n
\u201cMeaning it disqualified us from being an employee of the CNMI government. The same goes for an investment fund and custodian that involves the casino commission. We\u2019re an exception, so to speak.\u201d<\/p>\n
Juan M. Sablan, the third confirmed members of the commission, said Dela Cruz has a good point and a very legitimate concern.<\/p>\n
\u201cBetter to ask the court to render a decision. I read the law and it doesn\u2019t include the casino commission as part of the government. Joyce Tang indeed came out with an opinion but the court has to decide. Hope they can decide the sooner the better.\u201d
\nSenate floor leader Reyes said the almost glacier-like confirmation of Gov. Eloy S. Inos\u2019 casino commission nominees might have something to do with the upcoming Nov. 4 elections.<\/p>\n
\u201cI\u2019m blaming some members who are opposed to every item that has been raised by this administration in the interest of the public because it\u2019s going to make this administration look good. I don\u2019t like that. As far as I\u2019m concerned I don\u2019t care who is the governor. I don\u2019t care whether the governor is Democrat, the governor is Republican, or the governor is independent as long as what the governor is trying to do is good for the public, I support it. I don\u2019t think we should be politicizing the lives of our people. We cannot afford to do that. There\u2019s too much hardship already and to try and frustrate and make this administration fail because of politics is just not right.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"
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