SENATORS FAIL US - PART 1

By Tim Rohr

Recently, Bill 355-37 has been in the news, probably more for Senator Parkinson's "sexually explicit gesture" aimed at Senator Joanne Browne than anything else. But before Parkinson's simulated sex act (which is what it was) took the stage, Bill 355-37 contained a provision that was of concern to me. 

By the time the bill went to the floor for a vote, the concerning provision had been removed - a matter I will discuss later - but in the process, I "noticed" the public was not "noticed" about the public hearing for the bill. 

So, on Oct. 22, I delivered a Freedom of Information Act Request to Speaker Terlaje for "All public records relative to all public hearings relative to Bill No. 355-37 demonstrating compliance pursuant to 5 G.C.A. §8104 (5) and §8108."

Speaker Terlaje replied via email on Oct. 25 and directed me to the Committee Report. While copies of the requested documents were in the Committee Report, Speaker Terlaje functionally blew off my lawful request by directing me to a 185 page document with the implied message of "find it yourself." 

Nevertheless, I did find the pertinent documents and I also found that Senator Joe San Agustin, Chairman of the committee which held the hearing, had violated the Open Government Law by failing to send public notice to "each newspaper of general circulation and broadcasting station which airs a regular local news program within Guam,” as required by 5 GCA §8108. 

Here are the screenshots of the addressees of the two notices:

At this point, I will copy my Nov. 4 email reply to Speaker Terlaje:

Timothy J. Rohr

PO Box 9001, Agat, GU 96928
671-483-0467
timrohr.guam@gmail.com

November 4, 2024

Therese M. Terlaje
Speaker, 37th Guam Legislature

RE: Request for Records under The Sunshine Reform Act of 1999

Greetings Speaker Terlaje:

On October 22, 2024, I delivered to you a Freedom of Information Act request for “All public records relative to all public hearings relative to Bill No. 355-37 demonstrating compliance pursuant to 5 G.C.A. §8104 (5) and §8108. (EXHIBIT A ATTACHED)

On October 25, 2024, you sent me an email directing me to the Committee Report on Bill No. 355-37 (COR), and also directing me to contact Senator Joe San Agustin. (EXHIBIT B ATTACHED)

This letter is in response to your email and Senator San Agustin is copied.

Pursuant to 5 GCA §8108. Special Meeting: “Notice shall also be given to each newspaper of general circulation and broadcasting station which airs a regular local news program within Guam.”

Pursuant to the Committee Report for the subject bill, there is no evidence that you complied with 5 GCA §8108.

Per the list of addressee's for both the first and second “Notice of Public Hearing” there is no addressee which is either a “newspaper of general circulation” or a “broadcasting station which airs a regular local news program within Guam.” (EXHIBIT C ATTACHED)

Among the addressee's there is only one news organization, Kandit News. Kandit News is neither a “newspaper of general circulation” nor a “broadcasting station which airs a regular local news program within Guam.”

Moreover, KUAM is a “broadcasting station which airs a regular local news program within Guam,” and there is no evidence of KUAM having been sent the required notices. And, even if you were to construe Kandit News as a “broadcasting station,” the law requires you to send notice to “each” station and there is no evidence that you did.

There are two other addressee's whose names are associated with the media: Haidee Gilbert and Robert Klitzkie. However, their addresses are redacted so it cannot be determined if the notices were sent to Gilbert and Klitzkie in their personal or media capacity.

And, even if the notice was in their media capacity, Haidee Gilbert is managing editor of the Pacific Daily News, which is not a “newspaper of general circulation,” but a website. And even if you were to define it as a newspaper, the law requires you to send notice to “each newspaper of general circulation,” and there is no notice addressed to the Guam Daily Post.

Moreover, Mr. Klitzkie has not been active with the “broadcasting station” otherwise known as "The Point" for several months, and even if he was, Mr. Klitzkie hosted a talk show during which there was no segment which “airs a regular local news program within Guam.”

Therefore, you must send me documentation demonstrating that you complied with 5 GCA §8108. Failure to do so will cause me to take further action.


Respectfully,


Timothy J. Rohr

CC: Senator Joe S. San Agustin, senatorjoessanagustin@gmail.com
Chairperson for the Committee on General Government Operations and Appropriations

+++++

As of today, Nov. 18, 14 days after the date of my reply, both Speaker Terlaje and Senator Joe San Agustin have "failed to do so." 

It's quite easy to see why. They failed to do so because they don't have anything to send. They (and I include Speaker Terlaje because she is the Speaker) violated the Open Government Law by not properly noticing a public hearing.

The failure doesn't seem to be because they were trying to sneak anything through - as legislatures have attempted to do in the past. The failure seems to be simple negligence. 

But how hard would it be to add the addresses of the Guam Daily Post (the only "newspaper of general circulation") and KUAM (the only "broadcasting station which airs a regular local news program within Guam") to the email addressees? 

Now that the election is over and both senators were soundly reelected, I'm not expecting any action from either of them. But it doesn't mean I'm done.