Saipan Writer

Parole In Place Workshops

2011-09-15T12:04:00.001+10:00

See this article: http://www.mvariety.com/community-bulletin/parole-in-place-workshops.php

Two Missing Girls

2011-05-26T17:09:00.002+10:00

Read full article here:
Marianas Variety

some thoughts on the death and burial of Osama Bin Laden

2011-05-04T18:23:00.004+10:00

Like many other people around the world, I am trying to make my own sense about the recent news of the death and burial of Osama Bin Laden.

Upon hearing the news of the killing of Bin Laden, my first reaction was surprise. His name is a haunt from another time, suddenly recalled. His death noteworthy but not immediately meaningful.

As details came out, I felt conflicted. I am enormously proud of our US President Barack Obama who could decide on a priority and follow-through with it. Bin Laden was the master-mind behind the horrible attacks on the US that resulted in thousands of deaths. He was an enemy of all peace-loving people and needed to be brought to justice. But we have evolved from the days of the wild-west, I hope. We have trials and due process. Yet in seeking Bin Laden, the President’s poster might have read “Osama Bin Laden-wanted dead or alive.” And it did not seem likely that Bin Laden would ever have come willingly, so this priority, this determination to get Bin Laden would effectively be a death warrant.

The contrast with George W. Bush, our past president, and his “mission accomplished” was startlingly clear. He went after Saddam Hussein with the same kind of determination, using false claims to justify the use of US force against Hussein. But Hussein was eventually brought out alive, a desperate, mentally confused and physically ill man, but alive. He was tried for specified crimes. He was not the direct enemy of the US and had no part in the September 11 terror attacks, but he had committed crimes against his own people, had a trial, and was sentenced to death. For some of us, the death sentence is always wrong. We believe the decision for death is a decision that should belong to God or nature alone. But if we are going to defend death as a lawful element within our justice system, then certainly we must have the full panoply of justice rights at the least; certainly we must have a trial. We must have some compelling basis for the use of lethal force.

Despite the strong evidence against Bin Laden, there has been no trial. He was not picked off in the midst of threatening or terroristic activity, where our right to self-defense is imperative. He was hiding out in relative peace and comfort and then targeted and attacked in a quick and direct assault. This was an assassination, plain and simple. This was the US saying, an eye for an eye, a tooth for a tooth.

Even if his death can be defended as "justice," I am troubled by the exercise of US power to enter a foreign country and kill someone without official sanction or cooperation from the host country. Pakistan had insisted it is our ally in a fight against terrorism and particularly against Bin Laden and Al Qaida. Could the US imply consent to its actions from such political speech? Of course, the suspicion that Pakistani insiders would leak confidential information to aid Bin Laden’s escape again made sharing the covert operation in advance inadvisable. The immediate aftermath in which Pakistan officials claimed some share of the responsibility for the US’s mission seems like ratification of the US's use of power. Perhaps our entry into Pakistan for this mission is not a great abuse of power in light of all circumstances, although it feels like it crosses the line.

We buried his body at sea. This troubles me, more than anything. I am not so concerned about all those who will criticize our President with lies and accusations that we didn’t really kill the right man—there are always naysayers who deny the truth (like the Holocaust deniers) simply because it does not serve their political ends. But assurances that Bin Laden’s body was handled according to Muslim custom notwithstanding, was this our body to dispose of? Did we have the right to decide what to do with it? No doubt we did not want his body to become the subject of international debate; we did not want to see a shrine built on Bin Laden’s tomb with pilgrimages and homage. But in death, we respect even the lowest human being. He has family. Shouldn’t they have been given his body? This is the most disturbing part of the situation for me. This is the part that tarnishes the reputation of the US more than any other.

I have thought again and again what a difficult and troublesome job the President of the US must have and this event has confirmed my assessment more than ever. President Barack Obama is a courageous man. He is a leader. He made decisions that he believes are in the US’s best intersts and he has accomplished his objective. Surely after 9-11 we all would have agreed to go after Bin Laden. If the hunt had been made then with the same focus and determination (instead of being deflected onto Saddam Hussein), countless numbers of men and women, both military and civilian, of many nationalities, may have been spared untimely death in the wasted wars that have been fought. But now, Al Qaida has developed alternative leaders who may succeed Bin Laden; now we are not sure whether Bin Laden’s death will mean fewer attacks, less terrorism in the world.

I can only hope our President continues to be brave and courageous and a leader. I also hope we pray for Our President’s soul, because every day he must face the treacherous terrain of ethics, morality and law on one hand, and the need for security, the balance of power, and duty to our country on the other.

The Three Musketeers

2011-05-02T16:09:00.011+10:00

Overcast and rainy.
___________________

Some photos-not yet sorted (and some I uploaded have apparently got lost...) more later.

FOA presents The Three Musketeers

2011-04-14T14:44:00.004+10:00

We've had sunny weather, but today is overcast. After bumper crops of bananas (for months), tangerines (many weeks), mountain apples and pomelos, we're starting to see mangos. It's been very cool in the evenings but tropically warm during the day. In other words--perfect! ____________________ Friends of the Arts will be staging the play (not musical) The Three Musketeers. This is a comedic version and will feature some new talent, including Dora Borja Miura, Alan & Jennifer Welton and their son Cameron, Elizabeth Elger, and Colleen O'Laughlin. Familiar talents that we love include Leo Goode, Christian Cruz, Helen Ann Bucher, David Bucher, Anna Rose Deleon Guerrero, Frank Gibson, Laura Kyonka and Linda Wingenbach. Of course there will also be extras, too. There's nothing like a little zany comedy to help overcome the lows (from our sagging economy, the on-going Japanese environmental crisis, and seemingly-endless political turmoil).

2011-02-08T16:04:00.003+10:00

Rain, gray skies, mist this morning. I actually used an umbrella. Sun, but with haze now.
____________________

"All of us who are concerned for peace and triumph of reason and justice must be keenly aware how small an influence reason and honest good will exert upon events in the political field."
— Albert Einstein

When your head hurts from banging it against the wall of prejudice, personal interest, and the reign of idiocy in the government, you can think of others who have been there, done that, too.

FOA Valentine's Show

2011-02-07T13:42:00.004+10:00

We're finally on the downside of banana-season. It's been a bumper crop this year! Tangerines are now ripe.
____________________________

Friday and Saturday at Charley's PIC. 7 PM Cost is $15/adult and $10 student. (FOA membership discount for adult tickets only.)

Valentine's Day (Monday), same place. 7:30 PM show time. Cost is $33/adult and $28 student. (FOA membership discount for adult tickets only.) The Valentine's Day show starts later and is more expensive than the regular shows because it includes the fabulous Magellan buffet. It also includes a chance in the raffle for a room/night at PIC.

The show is a comedy/musical on the theme of love and relationships. Light-hearted, romantic comedy--perfect for the season!

Weeds

2011-01-20T19:05:00.009+10:00

It's been rainy and gray. Sunday was a torrent; Monday mostly dark and misty; Tuesday half and half. There have been some rainbows, too. And now it's just steamy and hot days; but very cool nights.
_____________________________________

There are more and more untended places around Saipan. The population is dwindling and nature is covering tracks.

Here are some photos of wildflowers and weeds. If you know the names of any of these, please tell me in the comments.

fleabane?

morning glory?

tangentangen

Saipan Politics

2011-01-08T19:57:00.006+10:00

Photo from Saipan Tribune

When I say this photo on the front page of today's Saipan Tribune, my first thought was "why are these men smiling?" Don't they realize that the CNMI is in dire straits? Don't they have any sense of forboding? Aren't they the least bit concerned about the gravity of the situation?

I was at Java Joe's and chatting with Tina Sablan and Glen Hunter. Of course the Governor, Lieutenan Governor, Senators are smiling...they've just spent hours in a swank hotel.

Five hours of "leadership" meeting on the economy and they didn't have the good sense to use a government building? They had to go to a hotel? Who paid for that? Was there any bidding for this government expense or is our governor just friends with the hotel owners?

I really think the elected officials have completely lost touch with the realitiy on the ground. Their focus is on their own political hides.

Governor Fitial is a Republican again. This is his strategy for saving his political skin. (And writing a letter in support of Tom Delay, another "good" Republican."

The others are slapping each other on the back, grinning, "cooperating," and trying to convince themselves that they belong in the political fraternity where they can enjoy the perks of privilege.

What came out of the meeting? We have only a few details.

There will be $6.2 million pumped to travel agents to encourage tourism here. $100 paid for every tourist from Osaka and Nagoya during low peak times. Aren't all times low peak just now? Will this really be enough to stimulate travel? Are we going to get our money's worth? Can we afford it? This doesn't sound like a terrible idea, but how long can we buy our tourists? And what will the actual proposed legislation look like?

There was some mention of reprogramming funds and looking at "lapsed" federal grants. The first is always dangerous and usually means less control by the Legislature and more power to a Governor who has already abused his power repeatedly. The second shouldn't take a summit of leadership to consider. We apparently have federal money available to us for a number of projects that we have not spent, which Kilili has pointed out.

That's it...that's all we've been told so far.

While the governor is concerned about ending the austerity measures, no one is talking about the need for new thinking and lifetime commitment to austerity, to frugality, to a balanced budget.

No one is talking about cleaning up Saipan so tourists might better enjoy visiting. (Thanks is deserved by our Mayor who has at least addressed the roadkill problem.) No one is talking about small businesses--except to continue to fight minimum wage.

Our leaders continue to look for pie-in-the-sky solutions. They want the big kahuna to come in and give us money, no strings attached. That big kahuna could be casinos or crime and they wouldn't care, as long as the price was right. There is no thought for ethics, for principles or community values. And when any prospect appears that might look like the desired solution, there is an immediate blindness and unwillingness to look closely--just the usual grasping at straws.

None of them would recognize a real solution if it came up and bit them in the ass because a real solution would not mean money in their pockets; would not mean an immediate turn-around and super economic prosperity. A real solution would mean we'd have to work, to change, and to allow for gradual improvement.

We will continue to sink with this "leadership." They will continue to smile because they are clueless. As long as they can eat nice lunches and meet in luxury hotel rooms and be fawned over by people impressed with their position and power (big fish in a tiny fishbowl), they will remain out of touch with the reality in the community.

And that's a shame because they are also blind to the talents and resources of our people. The leadership might bash foreign workers when they're in the mood to cater to certain voters, but they don't really see the value of any of the people here--local, haole, and foreign. They are unaware of talents they can't recognize--like education, like visual or performing artistry, like the analytical/scientific mind, like the practical laborer. All they care about is whether they will continue to get elected and have money in their own pockets.

And so they are still smiling.

Happy New Year!

2011-01-04T08:30:00.004+10:00

Dark skies, and rain. At first it was just a mist (about 7:30 AM) but now mid-morning it's a steady downpour.
_________________________

I have been swamped with work and life! Thus, no blogging for such a long time! And as a result, I've been getting more than my share of spam. So I've enabled word verification on comments. I think this is a nuisance, but hope you understand.

It's a new year. Wishing everyone peace and joy for 2011.

Zombie Prom

2010-11-12T09:31:00.002+10:00

We've had some spectacular rainbows, and rainbow mist. I've been sick with flu for 2 weeks--seesawing between abject misery and mere fatigue.

______________

From the North Star

2010-10-11T14:55:00.003+10:00

I read this "viewpoint" in the North Star (the CNMI's catholic newspaper), published 10/10/2010. At first I thought it was written by someone in Saipan!

Then I hit the phrase "spending money on doughboys" and wondered if this was from the WWI era.

But no...from the bottom of the column, I learned it's from a 9/30/2010 Rhode Island Catholic newspaper. In Rhode Island,
"doughboy" is defined as "No relation to the Pillsbury softy, the Rhode Island doughboy is typically a big square of pizza dough that's deep-fried and dusted with sugar."

Change this phrase out to sashimi platters or cases of Bud, and the "viewpoint" hits home!

I've heard tell from various people about Jesus Borja campaigning at a funeral in Tinian and Juan N. Babauta at a recent funeral here in Saipan. I'm sure that the other candidates may be tempted to engage in this conduct, too.

I just wonder if any of the candidates actually read the North Star--and will have the decency to desist.

No Budget-Essential Services

2010-10-07T12:37:00.000+10:00

The relevant constitutional provision of our CNMI Constitution reads:

If a balanced budget is not approved (by the legislature) before the first day of the fiscal year, no money shall be drawn from the General Fund, provided that certain government services and employees shall remain available as provided by law, in order to deliver services essential to the health, safety, and welfare of the people of the Commonwealth and to protect against damage to and destruction of property.

The exact contours of this provision are now being tested by our current situation. And the limitations and protections of this provision seem to have already been stretched beyond reason and good sense in service of political motives.

1. The Saipan Tribune reports that Attorney General Ed Buckingham has used and is using public funds to hire a private attorney to represent him in the OPA investigation into his use of public office to support federal election (House of Representatives) candidate Joe Camacho. The hire of attorney G. Anthony Long occurred on September 17, 2010 --so predates the constitutional restriction on expenditures of public funds. But now the question becomes whether the continued services of Mr. Long can possibly be considered "essential services" during this government "shut-down." The answer seems obvious--NO! Legal services to cover Mr. Buckingham's ass in the investigation are not vital to "health, safety, and welfare OF THE PEOPLE."

No time that Mr. Long puts in from October 1, 2010 to the enactment of a budget should be billed to the public or paid for with public funds.

2. The Marianas Variety reports that Deputy Police Commissioner Ambrosio Ogumoro told DPS supervisors during work hours in a meeting to have their subordinate police officers bring food to a political gathering for US House candidate Joe Camacho. Almost worse than this political pressure is the report that police officers, while on duty, "delivered picnic tables, cut fish and helped in the preparation" for the political gathering.

Not only is it a violation of law for state government workers to aid in a federal election campaign as part of their state government work, we are in a SHUT-DOWN and only essential services are to be provided and paid for.

Helping on a political campaign is not essential service for the "health, safety, and welfare of the people of the Commonwealth."

We need a full investigation of both of these. We may need a lawsuit challenging expenditure of taxpayer funds in derogation of the Constitution. And for this, we need leaders to take the lead. They must step up and insist on behalf of all of us that the tyranny end; that our rights be protected; and that our government remain and return to democratic principles.

CNMI Political Negotiations-still no budget

2010-10-03T11:42:00.006+10:00

October 3, 2010. Still no budget.

The Sky Is Falling!

2010-10-01T12:30:00.001+10:00

2010-Government Shutdown?

2010-09-24T19:56:00.004+10:00

After several days of grey skies and rain, it's finally clearing. Hot and humid, as expected.
_____________________________

Although the weather is clearing from the dark skies, there is no light in the forecast for the political atmosphere.

The CNMI is facing a looming disaster--the shutdown of the government.

How did this happen?
Last November 2009, the voters passed an initiative HLI 16-11 to amend the Constitution. You can read some information about the original initiative at the MLSC Day In Court Blog. The pros and cons that were provided for voter education at the time are here.

But the best information is to read the actual HLI 16-11initiative that was approved by the voters. This shows the relevant language that was adopted into our Constitution, the language that is now the governing law of the CNMI.

This amendment requires a balanced budget by October 1 and, in its absence, prohibits funding government operations by continuing resolution. Rather, only "essential services" are to be funded until a balanced budget is passed. Those "essential services" are to be determined "by law." And the most telling provision is that the Legislators' salaries are to be suspended starting October 1 until they pass a balanced budget.

Who is responsible for this fiasco?
The initiative to amend the CNMI Constitution was introduced by Congressmen Diego T. Benavente, Joseph P. Deleon Guerrero, Edward T. Salas, and Ray Yumul.

I don't know who in the House voted for it, but it was passed by the House.
I don't know who in the Senate voted for it, but it was passed by the Senate.

And then it went to the people for a vote in the general election.
I don't know who voted for it among the general population; I only know I didn't vote for it. But it passed.

Why didn't our Legislators pass a balanced budget?
This of course is the big question.
The Legislative highlights on the Senate page was last updated 4/16/2010 (as of this writing) and it shows that Senator Pete Reyes had, by then, introduced a resolution SR 17-12 asking the Governor to convene an economic summit to avoid a government shut-down come October. I have no idea what happened to that resolution.

Other action at the time included a resolution to honor Bishop Tomas Camacho and opposing a proposed casino in Saipan.

The House website hasn't been updated since March 26, 2010 (as of this writing). Nothing on it even mentions budget concerns. There was, however, a standing committee report on a bill to amend the CNMI law about immigration. The report was adopted by the House.

On August 18, the House finally passed a budget bill--one that increased their discretionary spending while dishing out a 16 hour/payday cut to most other government workers. HB 17-96.

There was an instant uproar and silent protests. House Speaker Froilan Tenorio told the Senate it would be okay to change the budget if they increased his leadership account. He also urged them to pass the casino legislation.

On September 6, the Senate voted a budget that amended the House version--cutting discretionary spending and restoring 8 hours of the regular workday to government employees.

On September 14, the House rejected the Senate's amendments of the budget bill.

The House and Senate picked their respective teams for a conference committee, with just 10 days left to resolve the budget crisis. But the Senate walked out of the conference committee efforts because the House negotiating team is insisting on using the need for a budget to get the Senate to approve the casino legislation. They Senate is willing to reconvene, with 5 days left before October 1, provided the House returns in good faith, takes casino legislation off the table, and agrees to open the sessions to the public.

From all of this, I conclude:
1. The House delayed passing a bill until it was very late. The fact that the budget bill is the 96th bill introduced, instead of the first, shows that the House does not have its priorities in order.

2. The House leadership is pushing for casinos in Saipan. They don't care about a balanced budget. They don't care if the people suffer. Someone wants to get some graft and kickback into their pocket. Even the provision to up their discretionary funds and the demand to increase the leadership account are plain abuse of fiscal responsibility. It's all about corruption and greed.

3. The Senate is trying to do the right thing. They have been paying attention, even though appropriation bills must originate in the House. But they can't do it alone.

We're not going to have a budget anytime soon.

So what happens now?

The government operations can only pay for "essential services" as those have been determined by law. Although the Governor wants to be "the law" it seems that the Constitution actually calls for law in the usual sense. So the bill passed by the Senate defining what is "essential services" is another step in the right direction. A House bill has also been introduced, but no action taken on it. Given how irresponsible the House has been in the budget process, it doesn't seem likely it will be be enacted. The Speaker Lang Tenorio is noncommital on the proposals about "essential services", meaning nothing is going to happen.

Another thing about the effect of the constitution, neither the House nor the Senate members should get any salary at all after October 1 until a budget is passed. The Constitution suspends payment to them. Even if they declare themselves "essential services" they can't override the Constitution. It is clear:

"...if the Legislature does not pass a balanced budget by October 1st, the Legislators' salaries shall be suspended until such time that a balanced budget is passed by the Legislature."

This is small comfort to all of the people who will be out of work and without pay. The House and Senate members deserve the lack of payment; no one else does.

What can we do?
It's not too late for the people to do something. We can't write and pass the budget ourselves, but we can demand that our representatives do their jobs.

It is far more responsible to have only 8 hour cuts for workers and reduced discretionary funds for the Legislators than to have 16 hour cuts for workers and an INCREASE in discretionary funds for these politicians.

So: Tell your House members to come to their senses and agree to the Senate amendments. Call them at work; call them at home; visit them personally. Put the pressure on.

Or else, come October 1, it will be a difficult start to FY 2012 for all of us.

Stories from Wild Bill's

2010-09-14T14:32:00.007+10:00

WANTED: Writers from the Northern Mariana Islands

Saipan, CNMI – A quartet of local writers from the Northern Mariana Islands is accepting submissions for an upcoming anthology of local writers they are tentatively calling Stories from Wild Bills Cafe: Life, Love and Spicy Tofu in the Northern Mariana Islands.

“A number of local writers have been throwing around an idea to create a compilation of local work for years now,” said Angelo O’Connor Villagomez. “A group of us have been meeting together over spicy tofu and chiliburgers at Wild Bills these last few months and we’ve finally decided to put it together.”

When asked how long the anthology would be and how many writers would be included, Villagomez said that the book would be “about 200 pages, which will probably fit about 15 -20 writers.”

The editors of Wild Bills Café are Jane Mack, Joe Race, Jaime Vergara, and Villagomez.

The inspiration for the name of the anthology comes from Wild Bills Café on Beach Road in Garapan.

“I talked to the owner Bill about the name, and he’s allowing us to use it,” explained Race, a local novelist and former police officer. “Our idea is to focus the attention on a physical place to ground all the stories.”

Race also said that the book would promote the Northern Mariana Islands and might even turn Wild Bills into a destination for tourists, readers, and writers.

“Saipan, Tinian and Rota are home to several dozen newspaper reporters, bloggers, novelists, poets and amateur writers,” said Mack, a novelist and lawyer. “There are also a number of writers from the Northern Mariana Islands living and working abroad, but who write about home. These are the people we want to include in this first edition of Wild Bills.”

Writers interested in submitting work for the anthology can contact the editors at WildBillStories@gmail.com. Submission guidelines are available upon request. Writers whose work is chosen for submission will receive two (2) copies of Stories from Wild Bills Café.

Student Auditions

2010-09-09T14:39:00.004+10:00

This is a reminder to all students in grades 6 through 12 about auditions for ZOMBIE PROM!!!

Directors (including assistants and stage manager): audition/sign up TODAY 9/9/2010 from 4 to 6 PM at MHS D 101.

Actors (actresses): audition on Tuesday, 9/14 or Thursday 9/16 from 4 to 6 PM at MHS D 101.

Techies (includes everything from set and costume to SFX and performance crew): sign up Tuesday, 9/14 or Thursday 9/16 from 4 to 6 PM at MHS D 101.

Marketing (promotion, sales, programs): sign up Tuesday, 9/14 or Thursday 9/16 from 4 to 6 PM at MHS D 101.

Musicians (we need a rock band!!!): pick up audition sheet music Tuesday, 9/14 from 4 to 6 PM at MHS D 101. Audition (indivually or as a band) on Thursday, 9/16 from 6 to 8 PM.

Join the fun!

Approaching the CNMI's Problems

2010-09-08T12:50:00.001+10:00

Hot days. A rainbow this morning in the western sky. A few scattered sulphur butterflies. And a travesty of cut-down trees along Beach Road at MHS. (sigh)
_________________________

The CNMI is in a deep, deep rut. We are facing payless paydays of government employees. The private sector is eating dirt and unable to even get to its knees. And the mood in the communities is bleak.

We have technological problems with water, sewer and utilities. We have a community college on academic probation and facing revocation of its accreditation again. We have a retirement system that has lost millions of dollars and given away perks and double dipping benefits and now can't pay its obligations to its members.

We have increasing crime but a criminal justice system that is riddled with flaws--police who forget about the use of warrants, prosecutors who fail to work with the police to get the evidence and then lose cases, worse yet--settle for puny crimes and miniscule sentences unrelated to the real crime, and worst--dismiss cases or face the court's dismissals instead of prosecuting them.

We have extreme and serious problems and no workable solutions on the table.

Our re-tread legislators peddle the same tired proposals--1) casinos (which have not brought prosperity to Tinian in a decade of operation; have already cost us money in Rota without profit); 2) hitting businesses for more (taking away qualifying certificates, increasing fees); or 3) begging for help from the Federal government, while we continue to strut and profess our indigenous rights and refuse to cooperate with them on immigration and federal enforcement of drug laws.

Most people in the community are impatient and only want money in their pockets (or as Zaldy Dandan reported earlier-the only kind of change people are interested in is the kind that jingles in their pocket).

So if and when elected officials "look" for solutions, they look for short-term, immediate "fixes" which do not address the underlying problems and only tend to delay and worsen the situation. Pension-obligation-bonds are an example. The idea is that we will borrow to "fix" the debt we owe...

Finding long-term solutions means examining what we've done wrong. Some people in the community view this analysis as "unpatriotic," meaning it's anti-CNMI. Others do not have the patience to sift through the details. Still others want to re-write the past and insist that known facts are actually something else. (For example denying the truth that the Department of Interior did consult with the Governor before issuing its report on alien labor.)

And unfortunately, long-term solutions provide no immediate remedy. The people vote out politicians (like Tina Sablan) looking for them, before such proposals can be put into effect or before their effect can be felt. And so we change course, losing ground in the process.

There is a solution. That solution: we need a shared vision of how to approach the problems.

We have spent so much time on thinking of where we want to go, and then we end up arguing about how to get there.

Instead, we need to focus on how we want to act; how we want to build our community; how we think we should engage with one another. We need an ETHIC, a shared ethic.

And that ethic must be based on moral values that support our cultures, all of them in their varied beauty.

We must find the Community Ethic that can nourish all of us, without placing any of us at the expense of others. We are in the same boat, and we will sink together unless we work together to save ourselves. Throwing some off the boat is not going to keep the boat from sinking. Obeying a captain who will share what little wealth is left with only his loyal followers is not going to keep the boat from sinking. Hoping for a miracle is not going to keep the boat from sinking.

God helps those who help themselves. And it is time we help ourselves.

My recommendations for our ethic:
We need an ethic that promotes industry, meaning work. There is value in labor. We need to promote this. We cannot promote the benefits of hard work if we cling to the notion of hand-outs, the gamble, the luck of the draw.

How this ethic might look applied to some of the issues we have before us: Casinos should be out because they promote the idea of easy winnings. Discretionary funds for politicians should be out because they are unrelated to work. Borrowing money (pension obligation bonds) should be off the table because we haven't yet tried to earn our way out of our problems. Immigration benefits should be handed out to those who worked a long time or are working now, but denied to those who got here, did little, and now are hoping for the lucky ticket. ALL government jobs should be civil service--based on competence and merit as demonstrated by competitive exams--and protected from political hiring and firing.

A work ethic includes getting paid on time. It includes a fair wage for work done, commensurate with the skill and level of the work. It includes reasonable profit for businesses and rational restrictions, taxes, and licensing.

A work ethic could re-balance the CNMI and keep the ship afloat.

Another possible ethic: Our ethic could be environmental harmony. We live in a beautiful place. The natural environment is our precious resource. Wasting or harming it is counter-productive to our own physical, psychological and emotional health. We ourselves must insist that everything we do is good for where we live.

We can do simple things like keeping our own yards and streets clean. (and yes--I have room for improvement here myself!) We can learn from Tinian and Rota and look to our elders who were especially neat and clean and handy with a broom. We can be grateful for the end to personal maids because it led us to be lazy about our own efforts at keeping our environment clean. We can return to our roots and make our environment cleaner.

At a local government level, there are many things we can insist on. Kill the rats. Amp up our Zoning Board to focus on environmental concerns and don't license what disturbs the beauty and calm of our islands. Insist that cars and buses have proper mufflers and stop spewing pollution into the air. And thank our current Saipan mayor for properly addressing the dead animal problem we had endured for years.

Our ocean is our legacy. We need to insist that everyone obey the fishing restrictions and respect protected areas. We need to reward the efforts of those in the community who are cleaning up our litter. We need to stop tour guides from encouraging our visitors to disobey regulations like feeding fish at Managaha.

We also should be promoting conservation and working with those outside the CNMI who do so, including federal agencies. We need to push for more action on the Marine Monument. We need to create a co-managed sanctuary with NOAA to get their education and other benefits here.

With an environmental ethic, we can build on programs in our community like CREES, and encourage our students to study science. We can promote eco-tourism and demote ideas like casinos. We can develop green business ventures. There is potential to save us from shipwreck and live in harmony with the world about us.

There are other worthy ethics we could embrace. Kilili has been touting the value of education and critical thinking--critical meaning careful evaluation and judgment, not carping and negativism. (To my knowledge, he's the only political leader in generations who has approached our problems with a stated goal for a community ethic.)

This is a good value and one that could be a worthy Community Ethic. A commitment to education as an ethic can include promoting vocational education (and work); it can strengthen our basic institutions with reliance on facts and information; it can replace politics with reason. There is a chance to repair our ship with learning and knowledge.

Whatever ethic we choose, our ethic should direct us, and come before politics and greed and personal agendas.

Family ties
In the past, we have confused politics with our love of our family. Strong family loyalty and the ties of kinship are also an ethic. But we have gotten confused by this ethic. We have embraced teen pregnancies in the name of family, when this is not good for our teen children who are having babies or for the babies born to them. We have allowed our little children to stand on street corners and beg for money in the name of family--for politicians, for school organizations, for personal needs. We have overspent our personal budgets, digging ourselves into debt in the name of family obligations from funerals to birthdays. We have turned a blind eye to nepotism in government jobs because of our acceptance of "family first." We have even called on family to give us jobs, expecting ties of kinship to overbalance other considerations like education, experience, competence. We have voted family members into political office despite their poor past performances and lack of leadership skills. When we have so twisted our value in family that our practice no longer actually serves the benefit of the family, we are doing something wrong.

And our community is now in peril because we have failed to think through our actions and decisions. We have brought ourselves to this mess.

We need to re-think our ethic when it comes to family and how we practice this ethic. Family is an important value in our society and one that underlies all cultures. We should work for our families, but not at the expense of other values. We should ensure our children's safety and education. We should share our religious beliefs with our children and families. We should protect and enjoy our family units. But we should not distort our loyalty to family into a corruption that destroys our other ethics to hard work, the environment, education, and other worthy ethics like honesty and mutual respect.

In this time of strife and difficulty, we need to think harder. We need to decide. We need--not a plan of action, but--a shared value of HOW we want to build our future. And then we need to begin by letting those values and ethics direct our choices.

Pension Obligation Bonds --HLI 17-1

2010-08-25T18:45:00.004+10:00

The proposed amendments to our CNMI Constitution includes HLI 17-1, to allow Pension Obligation Bonds (POBs).

I've written a fairly neutral evaluation of the proposal, posted it at MLSC's Day In Court Blog.

Having started my study of the subject with no pre-conceived notions and being open to the proposal, I'm surprised that I am now completely opposed to this amendment.

I've read a lot of what Bill Stewart has written on POBs and on the NMI Retirement Fund. I've also read news articles by proponents and checked a bit on other jurisdictions that use these.

THE NMIRF: I feel for the retirees and those still working but in the retirement system who have actually worked hard and given good service to the CNMI. They are at risk of losing their retirement because of the mismanagement of the Fund. Whether you blame the Fund managers directly or the Legislature for its faulty design of the system, or the Executive branch and autonomous agencies that have failed to pay their contributions as mandated by law, it's clear that the Fund is not adequate for the purpose of pensions for all those who are in the system--part of the DEFINED BENEFIT PLAN (DBP).

The problem will be limited in time, however, because new hires of the CNMI government are not in the system. They are now essentially on their own, with the option to create their own IRAs. Eventually, the last member of the NMIRF Defined Benefit Plan will die and the pension system will cease to exist.

In the meantime, however, the unfunded portion of the NMIRF's liability to its members can grow because some are still working for the government. As the government continues to fail to pay all that is needed to cover its contributions for such workers, the unfunded gap widens. As events cause inflation and other problems, the unfunded gap can widen. If the Fund loses on its market investments, the unfunded liability can grow. Even the miscalculation on the estimates of the liability--if retirees live longer than expected, for example--can mean the unfunded liability will grow.

The need to address this situation for those CNMI employees who have already retired as well as those still in the pipeline is critical. While there are and have been do-nothing employees who have gotten the benefits of the NMIRF, there are real people who have done their civil service honorably, too. The fiscal soundness of the NMIRF is important to each of these workers for their future. It is important to the CNMI for its integrity.

Nothing in my opposition to the proposed constitutional amendment denies my recognition of the importance of the CNMI in meeting its obligation to its retirees.

Pension Obligation Bonds: The problems I have with the POBs is that I think the benefits from POBs are significantly less than the costs. They will not fix the retirement fund problem completely, but they could bring the CNMI to the brink of bankruptcy and most certainly would weigh down the next two or three generations with staggering debt.

The proposal bandied about says $200million in POBs, but the constitutional amendment imposes no such limit. Anyway, the $200million figure would leave about 25% of the NMIRF liability still unfunded. And the pressure to use POBs for the rest would be great.

While the amount of the unfunded liability can be estimated right now, it can also grow. But more significantly, the constituitional amendment is written in terms of what the CNMI owes the NMIRF (not the real "unfunded liaibility" which is what the NMIRF owes its DBP members). There is no ceiling on what that debt can become. If the CNMI fails to pay again and again, that debt rises; and then there can be greater amounts of POBs. And the CNMI will owe so much on the POBs, and nothing will be protected.

In balancing the needs and rights of the retirees with the needs and rights of future taxpayers of the CNMI, I just can't support the POBs.

I can't trust either our Government or the NMIRF to be fiscally responsible with a tool as dangerous and powerful as Pension Obligation Bonds when the past shows that both have been reckless and irresponsible with basic powers.

Even now, the Legislature keeps offering perks to retirees like double-dipping and early withdrawal without penalty. They have an interest themselves, as they want to get these benefits.

No--our children will already have to face the debts created by the government and NMIRF. If the Legislature thinks the POBs are a solution, they will do nothing to change. And the problem will not only continue, it will get worse, especially when we can't pay the obligation on the POBs.

We don't need to make our CNMI fiscal problems worse by borrowing money that MUST be paid back ON TIME. We aren't going to successfully borrow our way out of the NMIRF debt.

November 2010 Election

2010-08-24T19:06:00.000+10:00

I'm passing on the following informative message (below) from our current representative to the US Congress, Gregorio (Kilili) Sablan.

Besides the election for his position, there are also three CNMI Constitutional amendments on the ballot. You can get some information about them from the MLSC blog, Day In Court. They are HLI 16-13, HLI 16-18, and HLI 17-1 (post pending).

On Tuesday, November 2 the people of the Commonwealth of the Northern Mariana Islands elect their Delegate to the United States House of Representatives. It is an important election you should not miss.

...

Exercise your right to vote. Here’s how:

You are a registered voter if your name is in the voter list of the Commonwealth Election Commission. Click here.

Absentee Ballot
If you are registered voter who resides outside the Commonwealth, you must apply for an absentee voter ballot. Download the application form here. Then mail the completed form to:

The Commonwealth Election Commission
P.O. Box 500470 
Saipan, MP 96950-0470

There is NO need to notarize your completed form. Your ballot will be mailed to you. This is important: Be sure your application includes the address where you want to receive your ballot. The ballot cannot be forwarded to another address; and the Election Commission cannot provide a replacement ballot if you change the address you put on your application.

Registration
You must be registered to vote; and voter registration ends September 3, 2010. If you have never registered or did not vote in the last election, you need to register. On Saipan go to the Commonwealth Election Commission in Susupe (formerly the U.S. Passport Office). Bring a copy of your birth certificate, current United States passport, or naturalization documents. The Election office is open Monday to Friday, from 8 a.m. to 11 a.m. and from 12:30 p.m. to 4 p.m. Click here to download the Affidavit on Application for Voter Registration.

On Rota register with Ms. Lelanie I. Manglona or Ms. Josepha A. Barcinas. Tinian residents may register with Mr. Jose P. Kiyoshi or Mr. Donald M. Hofschneider. Residents of the Northern Islands register by contacting the Election Commission via the government radios maintained by EMO.

To register you must:

1. Be at least 18 years old on or before November 2, 2010;
2. Be domiciled in the Commonwealth;
3. Have resided in the Commonwealth for 120 days prior to the day of the election;
4. Not be serving a sentence for a felony conviction;
5. Not have been declared by a court to be judicially insane; and
6. Be either a citizen or national of the United States as defined in the Northern Mariana Islands Constitution.

For more information contact the Election Commission at 670-664-VOTE(8683) or info@votecnmi.gov.mp.

Remember: let your choice be counted.

Thanks, Kilili, for the clear and timely information.

Student Contest-Marine Protection

2010-08-11T10:44:00.005+10:00

More details and contest rules are available through the Saipan Tribune's article here.

You can learn about the education and protection efforts of Guam Coastal Management Program at their environmental education website.

CNMI's Sex Offender Registry

2010-07-26T12:15:00.003+10:00

The CNMI's Sex Offender Registry is now on-line. To get to a listing of sex offenders in Saipan, you take these steps:

1. agree to the terms of use
2. click on geographic search
3. type in the verification code that appears
4. in the geographic search area type in zip code (96950 for Saipan; 96951 for Tinian, 96952 for Rota) and click on the button to show within zip code
5. presto-a listing appears

I would encourage everyone in the CNMI to check out the listing.

If you are a parent, watch out yourself and show these to your children who may be vulnerable (provided they are mature enough to understand).

If you are dating, avoid these men. [I know-perhaps there is a gem in there who has recovered, but... We haven't yet learned how to address sexual offenders--we don't know the causes of their problematic conduct; we have limited-to-no success with rehabilitation; we see a lot of recidivism among this category of criminal offender. And sometimes there are years between episodes of criminal conduct.]

If you are a teacher, care-giver, concerned citizen, member of this community--watch and pay attention.

It's good we finally have a listing and some photos to go with it, and some publicity about this development. It isn't perfect--there are listings without photos; lots of listings where the criminal offense is missing [Hattori, Hernandez, Ikesil, Ilisari, Kaipat, Kosam, LImes, Lizama, Omar, Rabauliman, Reklai, Rios, Marce Romolor, JR Sablan, Santos, Sikyang, Taisacan, Taivero, Tamag, Tarkong, Valdez, Wisewell, Yamut). In the geographic search, Bamba shows up on the Saipan list, but he's in San Jose, Tinian; Iano an dAtalig show up on the Tinian list, but they're in Rota. --Kinks in the data input.

Some of the offenders are listed as "absconded"--meaning they have failed to register and there present whereabouts are unknown. They could be here or have left.

No doubt, also, there are other sexual predators who are not on this list, so there is no room for complacency.

Still, we are making progress in protecting our community and this on-line listing is one step in the right direction.

Liberation Day Parade

2010-07-04T19:58:00.016+10:00

I've lived in Saipan for more than 25 years, and I've been to approximately three Liberation Day parades, before today. I don't much like crowds and heat, and the 4th of July festivities usually involve both. Today, I went to support Anna Rose and the rest of the Saipan members of the Pride of the Pacific marching band. Anna Rose plays trombone in the SSHS Manta Ray Band (advanced band 1).

The parade hasn't changed much in the 25 years since I've been here. There is still a shanty-town of plywood booths for the "festival" across the way. There is the temporary parade stand (elevated platform resting on old barrels) in bunting (typically plastic now, rather than palm and pandanus). The police lead off with motorcycles, a color guard and cadets. But there is no longer a bull pulling an oxcart.

This photo by Junhan Todeno, Marianas Variety

This summer, students from all levels of the Manta band, including those already graduated from school and now "former" members, and musicians from the Pacific Winds joined forces with Guam musicians to create an ad hoc band to march in the parade. Approximately 25 musicians from Saipan participated in the parade performance, including Atsuko Eck (on the small saxophone), who blended in with the students!

Ten musicians (all students, I think) came from Guam, along with Jayke Mafnas (Guam Territorial Band leader, UOG music major and marching band guru, drum majorette, etc.). Will DeWitt of SSHS and Max Ronquillo of Guam's George Washington High School directed the music preparation.

The musicians marched along beach road in the parade route from Saipan Office Supply to Kristo Rai Church. It rained at 10 AM, the parade scheduled start time. Then the sum came out and created a scorching steam bath from the water just dumped by the passing clouds. It was hot!

The band sounded great. When they got to the shaded platform for dignitaries and did their little special marching drill and playing, they maintained their formations, kept beat, and just did a great job.

Afterwards, they posed for some photos, cooled off in the shade and drank a ton of water.

The performance was the first time a "home-grown" marching band has performed in the Saipan Liberation Day parade.

They had learned their marching drills in about 3 days time--working from 7:30 AM to 6:30 PM, practicing their formations at the SSHS parking lot.

I'm reallly glad Anna Rose and the other students had the chance to do this. Thanks to Will deWitt, Max Ronquillo, and especially Jayke Mafnas for working with our students on this new endeavor.

And back at the parade grounds--I didn't stay for the rest. I had seen the color guard, the police cadets, and the JROTC. The Neighborhood Watch, in their green shirts, followed the band, and were waiting to get into the shade. As I was leaving, I heard the Falun Dafa group, with their gongs and music. But it was hot, so I headed for some air conditioning and a nice, tall glass of iced tea.

Happy Liberation Day. And happy Fourth of July.

EDIT/ADDENDUM: A big thank you, dangkolo si yuuse maase, ghilisou, to the Beautify CNMI team who cleaned up.

A Need To Know

2010-06-22T18:00:00.004+10:00

Freshening breezes and some real rain (a downpour Sunday night/Monday morning and some passing cloudbursts since). Could be the approach of rainy season.
_____________________________

With the arrest of Angel Jess Santos, one of the alleged perpetrators of the rape of the Kagman girl, there's been a demand for more information, more accountability on what's being done by law enforcement here in Saipan. The other two alleged perpetrators remain at large. We have heard nothing yet on arrests for the rape of the girl in CK. We are waiting on other cases, too.

There is no internet access to the names on the sex offender registry; DPS only posts general information about this supposed enforcement tool. Wendy discusses the need for this to be made public and available to all in a recent blog post. We should be demanding better response from our DPS on this.

Without the registry, it's hard for the public to keep track.

This would be an excellent topic for a series of articles by the newspapers. They could list the names of all arrested for sex abuse, sexual molestation, statutory rape, rape and assaults with intent to molest or rape--by year, giving the charges made. They could let us know who was convicted, what cases are still pending, and what cases are over without convictions. They could let us know if cases were mishandled or dropped or dismissed. They could do a study of sentences handed out to those convicted. They could tell us who's still in jail and who is out--and what role parole played in the release of sex offenders. They could focus on sex abuse of minors. Or they could feature different types of sex abuse each day. We've got plenty to go around here in Saipan.

They could talk with experts about what parents and teachers should do to teach their sons to respect girls and women; what they should do to help girls stay safe and demand the respect they are entitled to.

They could talk with CHC officials about what a victim may experience once at the hospital. And tell us if the rumors that there are no unexpired DNA kits in Saipan is true or not. Besides getting evidence and taking care of physical injuries, what help is available to the victim?

There's a good start on the names of Saipan's pedophiles and alleged perpetrators/pedophiles at the Isa Drive blog. It only included 52 names. In April 2009, DPS said they had 122 names on their sex offender registry.

But we need investigative journalism. The 4th estate is essential to preserve our liberty. And being able to be a child and be free from molestation, to be a teen and walk to and from school without being raped, these are are essential aspects of liberty.

If you start clicking on the names from Isa Drive's blog, you'll find many, many of them are reports of arrest; if you try to find out what happened (do a search on the newspaper archives, e.g.), you get nothing. The newspapers are reporting arrests, and not following up.

It also seems that Isa Drive's list omits some names including Angel Palacios, Salden Manuel and Daniel Johnny, Denmar Malabanan, Geoffrey K. Cabreraand Michael J. Dodd (although he's left the CNMI).

And another news report from 2007 told us about two sex offenders from Guam who moved to the CNMI and failed to register. This is why we need a sex offender's registry. We the public can't keep track. We don't know who was convicted; we don't know who is still here and who has left; we don't know who has moved here from elsewhere.

And we need to know. Before more bad things happen.

Free Thespian Showcase Tonight

2010-06-17T10:14:00.002+10:00

FREE SHOW! Please come.

Besides the play, the Team CNMI Thespians will present their individual event pieces for their competitions in tonight's showcase.

(Nice write-up in the Variety.)

Bad News, Good News

2010-06-16T08:26:00.006+10:00

Morning birdsong. The scent of plumeria in full bloom (just in time for graduation leis). Flame trees turning from orange to green.
_____________________________

Bad News: Another high school student assaulted. This time a teenaged girl on her way to morning classes at Kagman High School. I don't know the extent of the assault, except that the girl was taken to the hospital. Although this crime happened yesterday (Tuesday) morning, it was not on last night's news and is not reported in today's papers. My Kagman staff were discussing it this morning. One suspect was apparently brought in and released already. Another is being sought.

(EDIT: There is talk that the situation is like that of the girl in CK--a white pick-up truck, bashed on the head, raped. I haven't been able to verify.)

It's becoming extremely worrisome when teenaged girls are attacked in daylight near their schools, in public places.

It's also troublesome when the news isn't promptly reported.

(Thursday Edit: Now reported in the Marianas Variety and Saipan Tribune. Not much information released by the DPS, though.)
_____________________________

Good News: Also about students. Fifteen area students from grades 6 through 12 will once again be attending the International Thespian Festival at the University of Nebraska, Lincoln. They will attend workshops and plays, participate in college and scholarship auditions, compete in individual events and stage their own one act production of Pullman Car Hiawatha by Thornton Wilder.

They will showcase the stage play and their individual competition pieces (which also include technical theatre presentations in costume design, scenic design, and film) Thursday, June 17 at 7 PM at the American Memorial Park auditorium. The community is invited to support these students by coming to watch. The show is free.

Out Sick

2010-06-08T09:52:00.003+10:00

Mangoes and mangoes and mangoes and avocados, too. A hint of coolness in the morning air today, after stifling heat.
________________________

I've been too sick to think, much less post a blog entry. There's a cold (cough, congestion, exhaustion) going around Saipan. It seems wrong to get sick like this in Saipan, where it's warm and sunny year-round. Just wrong...

Numbers 15:13

2010-05-29T21:57:00.003+10:00

All the native-born shall make these offerings in the same way, whenever they present a sweet-smelling oblation to the Lord. Likewise, in any future generation, any alien residing with you permanently or for a time, who present a
sweet-smelling oblation to the Lord, shall do as you do. There is but one rule for you, and for the resident alien, a perpetual rule for all your descendents. Before the Lord, you and the alien are alike, with the same law and the same application of it for the alien residing among you as for yourselves.

Another Manta Band Concert

2010-05-24T16:54:00.002+10:00

Slight mist this morning, and half-a-rainbow in the southwest sky.
_________________________

The Commitment to Citizenship

2010-05-19T13:29:00.014+10:00

On Friday, May 21, the evening moon was a faint crescent low in the western sky. By Monday, May 24 it was a cheshire cat smile. There's a floral smell on the air--ylang ylang? The Flame Trees are not hinting now--they are screaming their brilliant oranges and reds and the island appears to be in flames. It's still dry and there are actual fires at times--one Friday night behind Price Costco; another more recently in Chalan Kiya with choking smoke blanketing the highways. And it's mango season. Tons of mangoes-ripening so quickly they're going to waste.

___________________________________________

The discussions in the community, the rally, the comments on the Variety, and William H. Stewart's recent editorials in the Tribune have been mushing around in my brain. When I read Bill's first editorial part, I thought he might be headed where I have been going in my thinking. He's doing a great job and setting out important facts to consider in understanding the situation.

Bill Stewart's column is excellent reading.
Part 1,
Part 2,
Part 3,
Part 4,

Part 5 will likely be in Friday's edition.
Update:
Part 5

From part 1:

Now almost a quarter century after citizenship was bestowed upon qualified islanders by presidential order it should be kept in mind that at that time some people of the Northern Marianas, unlike other nationalities seeking U.S. citizenship, were not required to possess comprehensive knowledge of American history or appreciation of the principles of democracy as most Americans perceive them to be. Most foreigners seeking U.S. citizenship must study a variety of subjects related to American history, pass an examination, and swear an oath of allegiance. This was not required of the people of the Northern Marianas.

...

...It is probably safe to state that some people of the Northern Marianas did not clearly understand what they voted to support when the plebiscite was held in June 1975 to accept a negotiated Covenant with the United States. Certainly they were aware of some of the tangible benefits that would flow from the U. S. Treasury such as better health care, social security, educational assistance, etc.

However, there was probably little knowledge or appreciation of the extent of the full ramifications of an association with the American judicial system and the federal bureaucracy with its myriad of laws and regulatory agencies administering everything from environmental protection to occupational health and safety in the work place.

This is the take-off point for my thinking lately. When I first came to Saipan, I remember one Chamorro woman saying to me that now that she had electricity and a refrigerator, the Americans could leave. Her point of view at that time was that America was only supposed to be in the CNMI to provide support, but not for any other purpose. America was the great big free store, where you could go for what you wanted, and then leave when you got it. The NMI's relationship with the US has been colored by this type of perception.

Americans for the most part understand that citizenship is both a benefit and a commitment. In the states, there are populist movements against the federal government because it is huge and monolithic and reaches into private lives. These movements, however, are usually fringe efforts--like the unabomber and the cult movement of the extreme fundamentalist latter day saints. The current challenge by Arizona to the US on the immigration issue is also a bit of a fringe movement--although it is an entire state government, it is only one state of 50. (And note that Arizona's efforts cannot be seen as an indigenous rights movement, however. It's more like an Aryan brotherhood movement, like the Nazis. Stop and interrogate any brown person. It has gone so far as to outlaw ethnic studies, including studies of Native American cultures--the very people who are indigenous to the region.) Most American communities/states, large businesses, and a vast array of citizens have spoken against the Arizona laws. The commitment to the US Constitution and the core American value of equality is part of the bedrock of America--at times very imperfectly practiced, but still the goal.

The NMI population chose to become US citizens, too. Our local population has had no problem with some of the commitments of this citizenship. For example, CNMI young men register for the military and join voluntarily in great numbers proportionate to the population.

But our local population has not always embraced American values. It is confusing to understand these values, because the NMI negotiated for some important exceptions. We have an exception to American constitutional protections for trial by jury (although we have jury trials, we draw the line in a different place as to when the "right" is triggered). We have an exception regarding ownership of land. (Article XII limits long-term interests to US citizens of NMI descent only). We have an exception to the fundamental "one man, one vote" rule. (Our Senate is apportioned like the US Senate, but we only have 3 islands, and 2 have very small populations, so we have a guaranteed rule by the minority).

If these exceptions can exist within the American system, is it any wonder our local population does not embrace other values, values they would want an exception for as well. The most significant of these is equality. The local population wants to be top dog in the CNMI. They want to hold on to their hegemony. This is "their" place and as indigenous, they want not only "local government" but local government that secures to them the goods and benefits they want and denies to other people in the community those same things.

They want to have a foreign workforce legally present for decades; a labor force that can be paid extremely low wages; and one that can be permanently excluded from all political rights.

The CNMI Governor wants to have complete control over who is prosecuted, who is let out of jail, who is searched, who is free from search. He does not want federal law enforcement DEA to act on an indictment of a local police officer; he doesn't want federal officials to search incoming passengers; he wants to be told ahead of time when federal officials will arrest his driver. And it isn't only this governor. Before him, for example, our local governors didn't want the US auditing expenditures and taxes.

And what is misunderstood is how these actions, these goals violate American values.

When the CNMI opted for the Covenant, they opted not only for the benefits of association with the US but for the commitments to citizenship as well. And this is the rub. There is tension between the local way of thinking and of doing things and the American values embedded in our Constitution.

When our local population reached out to grab the brass ring of American citizenship, they may not have realized that it was only available with the entire package of commitments. The continuing undercurrent of discontent and malicious (and usually false) accusations against the US government all come back to that first decision. By choosing US citizenship, by choosing to have the US be sovereign (as is specifically stated in the Covenant), by accepting the application of much of the US Constitution and the process for legislation by US Congress over the CNMI, the local population here set its course. And now it is beginning to see that the course is not entirely or even mostly within their control. The CNMI is on board the US ship; it may be able to arrange its room however it wants, but the ship is going in the direction that the US decides.

I feel for those in the local community who find this scary and alarming. They don't want equality. They didn't realize what equality would mean. They didn't realize when they voted in the plebiscite that equality would mean the possibility existed of other "non-locals" out-voting them in their elections. They weren't prepared for the change. And now they don't accept the change.

They want to protect and favor their own population. They weren't prepared for the US to enforce laws against high-ranking locals; they rankle at the US enforcing its laws at all.

They think of what they have negotiated away--some of their island land; all of the submerged lands; control over so much. And they take the benefits for granted, an entitlement now. So all they can do is keep asking for more at the same time they complain about the federal government stepping on their rights.

There is a lesson in this for the foreign workers.

When I went to the rally in support of long-term status for the foreign workers here, I was disgusted with some of the things that happened. No one in the massive crowd sang the US national anthem except for the few US citizens. None of the wannabes bothered, perhaps didn't know the words, and didn't particularly show respect.

These foreign workers want to be granted status and some want to stay in the CNMI. Yet the CNMI national anthem performance was a sorry thing. I found it extremely offensive that the organizers did not provide the right music to the students who sang the CNMI national anthem (the version they provided had changing tempos and the students didn't know what to do); the organizers didn't know how or when to stop the music (and cut it off in mid point); and then the emcee was so ignorant he didn't realize that the Carolinian verse had already been sung (he said something like and now we'll have the Carolinian anthem). In fact the emcee was so ignorant he didn't realize that there is no "Carolinian anthem"--there is only one CNMI national anthem and it has verses in both Chamorro and Carolinian.

If our foreign workers want to be US citizens, they, too must come to realize that this is a commitment and not just a benefit. The foreign workers should start a dialogue with our local population so they don't also make the same mistakes and later regret it.

Because becoming a US citizen requires that you stop being a citizen of another place. (Edit: yes, I know about dual citizenship...) You can practice your religion freely. You can speak your language, but you will also have to learn English properly. You can eat your ethnic foods and wear your ethnic clothes. You can even hold to some of your ethnic beliefs and pride. But you will be expected to also adopt and practice some core American values.

For our foreign workers, you need to know that sexism will have to end. The male prerogative is allowed in the home, but not the workplace. Free-wheeling enterprise is restricted by a myriad of laws-from business licensing to tax filing to employment laws, etc. There are rules and laws about almost everything.

And you must also understand that your children will be more American than you are, and in a few generations they will hardly (if at all) identify with your country of origin and ethnicity.

My Latest Letter to the Editor

2010-05-13T12:10:00.002+10:00

It's May. The termites are swarming. ugh.
__________________________

My latest letter appeared in both the Variety and Tribune today. I like the Tribune's formatting better, but the Variety allows comments.

ADDENDUM:

What: “Yes to Improved Status” Unity Movement Motorcade & Assembly
When: Sunday, May 16, 2010 starting at 2:00pm
Where: From Kilili Beach to American Memorial Park
Who: All members of the community are invited
How: Wear White. Show up early (in your car, or ready to ride with someone else). No littering.
Why: To show support for the U.S. Secretary of Interior’s recommendations of long-term status for legal aliens who have resided in the CNMI for five years or more, and to urge U.S. Congress to act quickly on the recommendations.

A bit of color

2010-05-08T13:00:00.001+10:00

Just a few photos of the trees in the American Memorial Park parking lot. Beautiful blossoms and a beautiful day.

Let's hope the scene inside the AMP, a meeting about foreign workers' future status, will be just as pleasing in its own way.

Some Photos from NYC

2010-05-05T16:06:00.015+10:00

The sky is opaque white-a mass of clouds. It's seems stifling today. There's a smell of smoke in Chalan Piao from the garment factory fires. The grass everywhere is wheat-colored and dry.
________________________

I've been swamped with work and not getting much else done. So I haven't attended to my blogging. Such is life.

Here are photos from the Manta Band in NYC-some taken by Anna Rose. All from Mr. Garrison's camera. Enjoy!

Plaza Suite in Saipan

2010-04-23T18:01:00.003+10:00

After you've enjoyed the Flame Tree Arts Festival this weekend, you can start enjoying Taste of the Marianas every Saturday. And in case you'd like to take in some theatre, Friends of the Arts will be staging scenes from Plaza Suite at the Multi-Purpose Center next weekend.

Community theatre doesn't rise to the level of professional theatre or come close to Broadway, but it is fun and a great way to get some experience with live theatre and be entertained.

NYC NEWS FLASH!!!

2010-04-21T12:58:00.005+10:00

SSHS Manta Ray Band won the Silver Award at the New York International Music Festival!

Just being selected as one of six(EDIT: the newspapers say five) schools to compete and perform at Carnegie Hall was a huge honor. Winning silver is incredible!

Congratulations Manta Ray Band and Mr. Will DeWitt. Thanks for all you've done and kudos for another amazing success!

Photo captured from Marianas Variety website.

First Photo from NYC

2010-04-21T12:33:00.005+10:00

Another pre-dawn light rain. Dogs barking in the night. Crescent moon.
______________________________

Thanks to Rose Cuison Villazor who sent this photo of Anna Rose (flanked by Roseanna Sablan and Theszaray Omar).

I'm guessing this was before the show. (Strange hair, which in later years will be material for comedy, I'm sure!)

Manta Rays make news.

2010-04-20T11:25:00.004+10:00

The arrival of the Saipan Southern High School Manta Ray Band in New York City has not gone unnoticed! PRI's The World (from BBC) has a short feature and interview with them.

Fumi and James make the photo! Naomi and Leagine get interviewed. Will DeWitt is in there too.

Photo by Mary Kay Magistad

Good content, too.

A Movie Worth Seeing

2010-04-19T18:34:00.002+10:00

Light showers before dawn--not enough to quench the thirsting earth.
__________________________

This article from today's Variety, about the activities this week at the American Memorial Park:

On Thursday, the free movie is entitled “The End of The Line” and it will be shown at 5:30 p.m.

This is a movie that looks beyond the surface of the seas to reveal a troubling truth beneath — an ocean increasingly empty of fish.

I haven't seen this movie, but it sounds worthwhile.

First Report from NYC (Manta Ray Band)

2010-04-18T14:29:00.004+10:00

The first report from the Manta Band in New York City is positive.

All arrived safely. Most students went on a walking tour Saturday evening, but a few (nine?) went to see THE PHANTOM OF THE OPERA at the Majestic.

This production adapted by Andrew Lloyd Webber has been playing on Broadway for 22 years (since January 1988), and is older than the Manta Band students!

It was a short conversation. No time to hear about the weather, the hotel, or any other impressions of NYC, the Band, or the trip, just a short rave review of Anna's first Broadway experience. (She was almost speechless as she tried to express her feelings about seeing this show!)

Elsewhere

2010-04-18T12:38:00.004+10:00

The smell of smoke on the air in San Vicente. Hot, close, almost no breeze. Bananas ripening, pugua ready, and yellow flowers on vines and laburnam trees ( a/k/a golden shower trees).
_________________________

While we're consumed in Saipan with the daily soap opera of our local government, the world has many other facets worth paying attention to.

An Icelandic volcano has put forth such a massive ash cloud that airports across Europe have been shut down for three days.

The U.S. has indicted some top level Blackwater officials. Blackwater was a CIA contractor providing "security" in Afghanistan and Iraq, but several of its people were involved in shootings that led to federal investigations.

There is a new meaning to the phrase "self-educated." So much real education is available online these days. I'm still exploring Khan Academy, which I read about in our local newspaper (teen section). It seems like there is a lot more free education to be had.

Congressional Tribute to Manta Ray Band!

2010-04-17T22:03:00.001+10:00

David Tanaka Diaz-threepeat

2010-04-17T17:49:00.008+10:00

The KSPN news last night had Ed Buckingham saying that the Governor commuted a part of Diaz's sentence, giving room to the Board of Parole to consider parole.

I have been trying to figure out how that might have happened.

I have not seen the document that releases him. But based on Ed's short description, it seems the Governor must have commuted the sentence as to the 25 years violation related to methamphetamine trafficking. That would leave the lesser crimes' sentences in place, where the Board of Parole would then have room to decide on terms for release into the community.

A brief response to the commenter on Wendy's blog who said:

Jane, you are practically committing legal malpractice. You haven't practiced criminal law in decades.

There is a big, big difference between probation (in which a court retains jurisdiction) and parole or pardon and commutation, in which it does not.

Your hatred of Fitial is so extreme that you blame him for things over which he legally has no control, namely the Board of Parole. That's who any OGA request should be addressed to, not the Governor.

This blog is replete to "citations" of law without any authority whatsoever, a practice which, unfortunately, carries over to CNMI courts and judges. You should be setting an example, Jane, because people trust and rely on you as a lawyer.

I never practiced criminal law as a lawyer. My comments are not legal advice, but opinions, and not a basis for malpractice. But a court has the power to enforce its judgments, whether those are civil or criminal. And I am aware of the differences between suspension of a sentence, probation, parole, commutation of a sentence and pardon.

I didn't talk about probation in any part of my discussion.

I don't hate Governor Fitial, but I disagree vehemently with his continued actions and misgovernance in the CNMI. And I criticize those actions. He certainly is responsible for the commutation of the sentence of David Tanaka Diaz that was necessary before the Board of Parole could take any action to release him. It was obvious, even before Ed spoke on television news, that the Governor had a role in the release of David Tanaka Diaz. Any Open Government Act request would have to addressed to both the Governor and the Board of Parole to get the full picture.

I don't understand the commenter's criticism that the blog is replete with "citations" of law without any authority. That statement itself makes no sense. Perhaps the commenter doesn't realize that a citation of law is a citation of authority. I don't mind being lumped in a criticism with the CNMI courts and judges. I'd rather be with them than with the current Administration.

On the governor's decision to commute the sentence of David Tanaka Diaz:
I think this is reprehensible. Perhaps the Governor knows something that we don't. But then the community should be told, because this is a matter of public importance.

The Legislature has long held a strong line against drug trafficking, especially of ice. The 25 year sentence without being subject to suspension, probation, or parole is one aspect of that line against drug trafficking. (Some may disagree with the law and call it draconian. I might even think so as it is written to apply against a first-time offender. But as it applies in this case, I don't think it is unfair, draconian, or illogical.)

The Court respected the Legislature's policy in the case of David Tanaka Diaz, but the Governor has not. He gave a THREEPEAT offender a commutation of sentence for the worst drug-trafficking crime in the CNMI.

And it should be noted that at the time of the original sentencing of David Tanaka Diaz, the CNMI Attorney General's office asked for a sentence of 50 years!

David Tanaka Diaz has already proven that arrest, conviction and jail time for drug trafficking isn't rehabilitative for him. His first time getting caughtresulted in a federal conviction. His second time resulted in charges that were pending when he committed his third offense--the largest drug haul in the CNMI's history.

I recognize that the Governor has the power and discretion to commute the sentence of David Tanaka Diaz. That is not subject to judicial review. I think the Governor exercised that power irresponsibly and to the jeopardy of the community. Why should this man get a break? What message are we really sending through this Governor's action? Is this about connections? Is it about political favors and payback? Because it certainly isn't about law enforcement or justice.

On the Board of Parole's decision to grant parole:
Apparently after the Governor commuted Diaz's drug trafficking, non-parolable sentence, all that was left was the sentence on the lesser crimes. I disagree with the decision by the Parole Board to grant parole on those, also. What makes me angriest is the possibility that this THREEPEAT drug offender will be allowed access to our children. I don't want him doing any youth outreach. I think that is just a way for him to find easy prey for continuation of illegal drug trafficking. I don't want him singing a song that is played on the radio or in the schools. I don't want the possibility that any student thinks drug trafficking is a way to get airtime for your talent; I don't want the possibility that any young child becomes a fan of David Tanaka Diaz. Is there any science, criminal justice experience, or rational thought to support such ridiculous terms for the release of David Tanaka Diaz? The Board of Parole should be showered with criticism and the community should let all of its members know that their action is disgraceful.

Perhaps it's time to follow the federal jurisprudence's lead and abolish the possibility of parole in our own local criminal justice system.

Flames

2010-04-17T09:00:00.000+10:00

As in the FLAME TREE ARTS FESTIVAL!

I always enjoy the Flame Tree Arts Festival. The venue at Civic Center Park isn't my favorite--I like the American Memorial Park better for this event--but no matter where this festival is held, it's always an entertaining and reinvigorating community event.

I just wish the Arts Council would have used a local girl or woman in local traditional costume doing a Micronesian dance, rather than having some unknown woman in feathers doing hula or another Polynesian dance for their poster image.

David Tanaka Diaz-update

2010-04-16T08:41:00.004+10:00

The weather, the world-more of the same. The ocean was a study in light and dark this morning, with patches of brigh turquoise and strecthes of indeterminable gray/purple/shadow, and in between pacific blue.
______________________________________

As if hearing Wendy Doromal's question, the Marianas Variety apparently tried to track down the information about the release of David Tanaka Diaz. In fact, he was paroled.

Some interesting bits:

1. Diaz's appeal challenged the court's sentencing. The CNMI Supreme Court, in its October 2003 opinion, said that he could be sentenced to either 25 years or more of jail OR a fine. The Supreme Court wasn't sure the trial court realized that it could avoid jail time in sentencing and just order a fine. So it remanded.

2. The sentencing STATUTE 6 CMC sec. 2141(b)(1)(b) (amended in 1991 by P.L. 7-42) specifically says the sentence shall not be subject to suspension.

Any person that violates subsection (a) of this section with respect to
(1) A substance classified in Schedules I or II which is a narcotic drug or methamphetaminehydrochloride shall be sentenced for a first offense to a term of imprisonment for a term of not less than 25 years, a fine of not more than $10,000, or both and the term of imprisonment shall not be subject to suspension, probation, or parole...

3. The Supreme Court, among other things, held that the language of this statute meant that the original sentence, which included 5 years suspended sentence after the 25 years mandatory imprisonment, was not authorized. The sentence, whatever the term of imprisonment, could not be subject to suspension, probation or parole.

4. On remand, the Superior Court issued a 25 year sentence of imprisonment, not subject to suspension, probation, or parole.

5. Obviously, by statute and by court order, that sentence is NOT SUBJECT TO SUSPENSION, PROBATION OR PAROLE.

6. The Attorney General, Ed Buckingham, is the legal counsel for the Board of Parole, according to the Marianas Variety.

7. The Board of Parole granted a parole to David Tanaka Diaz, despite having no authority to do so. (EDIT: This is an assumption. DOC says that David Tanaka Diaz was released on "parole"-so it appears that it means a typical parole. It could be linguistic gamesmanship, however, with the AG or DOC meaning something else, as if any release from DOC would be a parole. The legal definition of parole, from Black's Law Dictionary, however, talks of parole in criminal law as a "conditional" release." So without seeing the actual document granting his release, it seems that he was granted parole on conditions by the Board of Parole.)

8. The Attorney General, Ed Buckingham, seems to also be the legal counsel for the Department of Corrections. (I say this based on the AG's role in massage-gate.)

9. The DOC, knowing that the Board of Parole had no authority, knowing the terms of imprisonment set by law and court order, knowing 25 years has not elapsed since his imprisonment and the sentence has not been satisfied, released David Tanaka Diaz on March 12, 2010. [EDIT: We know now that the DOC did have authority to release Diaz based on parole, because the Governor commuted the 25 years/non-parolable sentence.]

10. CONCLUSION: We have put the crooks in charge of the prison. We have a breakdown of law and order.

Or we just have some very deceitful, lying responders to inquiries about the basis for Diaz's release.

This is the third incident involving DOC in the past couple of months--the Chinese federal detainee-masseuse taken to the Governor in the dead of night by Dolores San Nicolas to massage him; Mr. Aldan, husband to the same woman-now former DOC chief- Dolores San Nicolas, in prison but noncompliant with the terms of his plea but getting weekend releases and the AG making excuses for his gun which has not been returned; and a two-time convicted ice dealer who got caught with the largest amount of the drug in CNMI history now released contrary to statutory law and the court ordered sentence for his crime [EDIT, but legal as the Governor commuted the sentence].

This is really bad.

David Tanaka Diaz

2010-04-15T12:15:00.003+10:00

Enormous cumulous clouds in the sky; trees in perpetual motion swaying in the breeze. Another hot and beautiful day in paradise.
_____________________________________

An anonymous commenter mentioned on this blog and in the Marianas Variety comments that Governor Fitial has commuted the sentence of convicted ice dealer, David Tanaka Diaz.

I couldn't confirm that report.

I did learn from a DOC official that David Tanaka Diaz has been released from jail.

David Tanaka Diaz was caught with 212.59 grams of ice (a/k/a methamphetamine) and 77.28 grams of marijuana. The ice haul was considered the biggest in CNMI history at the time, and it seems that record may still stand.

Although he tried to quash the search warrant against him that led to the discovery of the ice, he was unsuccessful. And then he was convicted of charges in April 2002 after a jury trial.

The Saipan Tribune reported on this as follows:

The prosecution, through Assistant Attorneys General Daniel Cohan and Janine Udui, convinced the court of Diaz' guilt on the seven-count charges by presenting corroborating witnesses' testimonies, as well as, physical evidence pertaining to the events that occurred on August 29, 2001.

Diaz was apprehended that day in the district of Garapan, where authorities were able to seize from him quantities of crystal methamphetamine or ice.

Aside from the drug charge, prosecutors were able to prove beyond a reasonable doubt that Diaz had fought to elude police arrest and in the process, rammed into a police vehicle and injured several bystanders.

After disclosing both his and the jury's verdict, Lizama proceeded to impose the sentence on Diaz, which is as follows:

A $500-fine and restitution to the Department of Public Safety on the unsafe backing charge; six months incarceration with a $500-fine on the fleeing/attempting to elude a police officer charge; six months incarceration with a $500-fine for the hit-and-run charge; six months incarceration with a $1,000-fine for the reckless driving charge; and a $50 fine for illegal possession of a controlled substance.

The court has yet to impose a sentence on the two other charges---drug-trafficking and criminal mischief---pending the release of a pre-sentence report.

Illegal trafficking of a controlled substance, in itself, has a mandatory minimum sentence of 25 years, according to the court.

Diaz was represented by court-appointed counsel Antonio M. Atalig.

The Superior Court then imposed its sentence in August 2002: 30 years jail term, 25 in jail without the possibility of parole.

Again, from the Tribune:

The Superior Court yesterday sentenced a musician to 30 years in jail "the highest penalty imposed so far by a local court on a drug trafficking offense" for what authorities consider to be the biggest drug-seizure in the Commonwealth last year.

Superior Court Associate Judge Juan T. Lizama, however, ordered that the last five years of the sentence on defendant David Tanaka Diaz be suspended, meaning that he would be released on supervised probation later on. The first 25 years of the sentence is to be served without parole.

Given this report, it seems likely that the only way David Tanaka Diaz could be released from jail would be by the Governor's action.

I hope the Variety and Tribune will investigate the facts and circumstances surrounding the release of David Tanaka Diaz from the Department of Corrections.

One small detail--I wonder if he is still obligated to comply with the terms of release orginally set by the judge.

Upon his release from jail, Diaz is to pay a fine of $2,000, Lizama said. He also ordered Diaz to undergo drug counseling.

At the time he was caught, he had plans to leave the CNMI. Diaz had prior convictions for ice in federal court from 1992, and had charges pending against him when the arrest for the large quantity was made. I wonder if he'll be gone aleady?

I also wonder about separation of powers--if the Legislature sets mandatory sentences and the Court respects them, why doesn't our Governor and Executive branch? How could this man's release after 8 years be in the public's interest when he is the biggest ice dealer we've seen and that problem persists here?

Important Writing Advice

2010-04-15T08:45:00.001+10:00

from today's Cartoon section:

©Vic Lee

Minor Musings on Budget Matters

2010-04-13T17:28:00.004+10:00

It was hot today in paradise, even with mild breezes. The first hint of orange blossoms on the Flame Trees.
___________________________________

Austerity-what a nightmare. Tonight there is a public hearing in Kagman--conducted by Rota Sen. Jovita Taimanao. (I can't make it-other commitments to my daughter.)

The administration/and the Covenant legislators propose a plan that will lose the PSS $16million dollars immediately and cause other harm. In order to save about $4 to $5million.

Senator Paul Manglona proposes an end to protections for governor, legislators and judicial salaries--but such proposal couldn't take effect against any one already in their position during this present term.

Meanwhile, legislators are getting $4,200/day for "subsistence" pay when they have to be on another island other than their home for legislative sessions.

Meanwhile, legislators are getting paid as full-time employees, when we could easily get by with a part-time legislature.

Meanwhile-does anyone remember? The Fitial administration may still be paying $50,000/month to a lawfirm, Jenner and Block, to fight the CNRA, so we can "appeal" Judge Friedman's decision.

The Fitial Administration's claim for austerity is a sham.

GAO Reports

2010-04-11T18:37:00.002+10:00

The Saipan Tribune's Sunday edition reported on the newly released GAO report on wages in the CNMI. You can read a summary and access the full report here.

I hate the CNMI's position against further increases in the minimum wage. Tony Pelligrino made an important point in one of his editorials lately--that had we but stuck to our plan in the early 1990's, we would already be at a comparable minimum wage. Delay isn't going to help. It hasn't helped in the past and it isn't going to help now.

We need these small minimum wage increases.

Generation Collaboration

2010-04-09T21:37:00.003+10:00

Fleabane (at least, I think that's what it's called--a little daisy-like bush) is rampant along the roadsides and alongside my driveway.
________________________

Tomorrow --Saturday April 10, 2010, from 4 PM to about 10 PM--at the American Memorial Park, teens from the 3 Saipan public high schools will be performing various dances and programs that they have designed and choreographed. What makes this program a bit different is the collaborative nature of it. Students from all three high schools are working together, by grade level. So there will be a Freshman program and a Sophomore program and a Junior program and a Senior program, but there will NOT be an MHS or SSHS or KHS program.

This was an opportunity for students from the different schools to get to know each other and strengthen their ties of friendship and 'generation' by having fun and creating a public performance.

I haven't seen any posters. I haven't heard of any promotion of this.(Edit-except for this one newspaper article in the Marianas Variety.) But there seem to be a lot of teens involved, so I hope the word is out and the community comes to the event to support them.

They'll be having fun! So we should go and have fun, too!

Town Meeting

2010-04-08T17:13:00.004+10:00

3 mother hens and their tiny baby chicks this morning. Hot, hot this afternoon.
______________________________

This is a belated report on the town meeting held by Kilili last evening at the Multi-Purpose Center. I was in attendance from about 5: 10 PM to about 7:10 PM. The meeting was in progress when I arrived and still going on when I left.

There weren't very many people there at first, but more gradually came as the evening went on. Still, in my opinion, the gathering was sparse. Maybe 50 people?

Kilili gave information on two major topics--education and health care.

Education
On education, he made it clear that the threat to federal funds posed by the proposed/pending CNMI legislative austerity measure is real. He was very deferential to the power and authority of the local CNMI Legislature. He acknowledged that he has no power to make any decision with regard to the austerity measure. He can only act as a source of information about the federal programs and how such a measure may interact with them, to the extent our elected local leaders want that information.

He was also clear and certain of his facts: The $16 million figure is the amount that will be lost by PSS immediately upon enactment of the austerity measure as presently pending; and millions more would be lost over the next several years. [The measure itself would save only about $4 to $5 million, so there will be an immediate net loss of greater than $10 million.] The reason for this loss of federal funds would be the failure of the CNMI to live up to the "MOE" that the CNMI signed to get the funds. [Kilili said we may even have to pay back funds we've already received, but I don't recall him putting any number on that statement.]

In order to get the latest federal funds, the CNMI agreed it would not reduce its level of support for education, but would agree to a "mainenance of effort" (MOE). This does not meant that the amount of revenues from local coffers must remain unchanged in a declining economy; but it does mean that our budget percentage of support must remain the same.

The furlough Fridays that the Fitial administration favors could be accomplished as part of an austerity measure, but only if the austerity is "across the board" so that the PSS share of the budget stays the same. Instead, the current budget cuts education, but not public safety and public health, which means that the PSS share of the budget will be lower than when the CNMI signed the MOE agreement.

And thus, passage of this austerity measure will mean an instaneous loss of $16 million to PSS.

But our leaders don't believe this or don't want to believe this.

It must be very frustrating to work with politicians who think everything is a political ploy and a soft "fact" and everything is negotiable. Kilili mentioned how he has had meetings with CNMI local politicians in the Legislature (and I think he said the Executive branch), and that these people don't believe this threat is real. He tried to convince them by having a conference phone call with Department of Education officials in Washington, D.C., but the local politicians still refused to believe that their austerity measure would have devastating effects on PSS.

I want to say kudos to Kilili for trying; and it is also very gratifying to know that our PSS Board and administration are all intelligent enough and educated enough and capable of dealing with reality enough that they do recognize and understand the very real problems that the austerity measure as presently drafted would have.

In the end, it will be our innocent children who will suffer if this measure is passed; our kids who will lose untold educational benefits because of the ignorance of our Legislators and the gullibility of our electorate who voted them into office.

Perhaps our elected officials will wise up and we'll dodge this bullet. I hope so.

Health Care
Kilili tried valiantly to explain the Health Care Reform legislation that is now law in the US.

I can't say he did a great job or that I know anything much more than before, but what I did get from his presentation:

1. The health care reform bill goes into effect in 2014, although some provisions may be effective as early as 2011.

2. The mandatory provisions are (I think totally, or for the most part? but I could be wrong about this) not applicable in the CNMI.

3. We can have the opportunity to have a health care exchange program apply here, but this cannot happen unless the Governor agrees and acts to make it so.

4. A health care exchange program would provide a place where lawful residents and citizens (not illegal aliens) could get medical insurance. Each of the providers who join the exchange will offer insurance packages; and each package must have certain features but may offer other variables. People shop for their insurance at the exchange and providers offer their deals--and for people who are over Medicaid eligibility limits but still without the ability to pay full insurance premiums, they will pay to their ability (as set by rates and schedules, etc.) and the federal government will pay the difference. Kilili favors an exchange that would include Guam, Hawaii and even California-so that people could get advantages of a larger pool and have better coverage for lower rates.

5. Health care providers will not be able to deny insurance coverage for pre-existing conditions. They will not be able to charge women more than they charge men, or vice versa. The rate differences based on age and whether people smoke cigarettes must be within set parameters.

There was some grumbling from some in the audience about all of this. Kilili was very outspoken, though, in saying that all people need health insurance, and all employers should be willing to invest in their most valuable asset, their workers.

All in all, it was a good public forum. Kilili also spoke to how we need to air our concerns and opinions in a respectful way, especially about immigration and the foreign workers in the CNMI. He emphasized that through this kind of dialogue we could reach a concensus that would provide the best decisions and policies on the issues.

Very well said.

Oh the News!

2010-04-07T09:19:00.004+10:00

The Saipan Tribune gives a sketchy report about a lawsuit recently filed:

where: the 9th Circuit (this is a court of limited jurisdiction and you can't usually initiate cases there)

Plaintiff: National Chamorro Association of the Mariana Islands/president Glenn H. Manglona. This organization is so well known that no one has heard of it until today's newspaper article came out. (Well, maybe in Rota?)

Represented by/Attorneys/Co Plaintiffs: Robin Hood International Human Rights Legal Defense Fund and Paul Risenhoover. OMG! One federal judge said Paul Risenhoover is "a fraudulent opportunist."

Judge Batts made clear she viewed Mr. Risenhoover, an Oklahoma native who is about 30, as an unsavory character. She described him as a fervent anti-Communist who was deemed to be so unreliable by the Government that it ultimately stopped its dealings with him, fearing he would become a liability at trial....

[S]he said in her opinion that Mr. Risenhoover, who speaks Mandarin Chinese, English and Hebrew and claims to be a law school graduate who has not passed the bar, may have also been involved in other illegal activities, including other illegal organ sales and a fraud scheme on the Internet.

And if all that isn't enough, the lawsuit itself sounds ridiculous. The Trib says the complaint is 200 pages! That's long by any legal standard.

And some highlights to emphasize just how ludicrous this is:

They're also filing in international court on behalf of native Chamorros, Carolinians and Formosans???

The 9th circuit lawsuit apparently challenges whether the US Congress had the authority to enter into the Covenant. (Please read the US Constitution and the power bestowed on Congress regarding foreign affairs, territories, and commerce)

5th and 14th amendment claims for takings violations without compensation /impairment of contracts. (Is there any foreign worker here with a contract under CNMI law that was in effect on 11/28/2009 for a period that would last beyond 11/27/2011? I doubt it. Most CNMI contracts were for one year, some for two. But longer?)

And the lawsuit claims we have a right to cheap foreign labor under CNMI control because otherwise we may not be able to live--the CNRA constitutes a deprivation of the right to life!

What nonsense.

(Of course, Wendy beat me to this, and she has the pleadings available for review. I especially like that they have highlighted portions in yellow, and green, and red, and blue...OMG!)

Manta, Manta, Manta--Ray, Ray, Ray.

2010-04-06T19:05:00.002+10:00

The days are gradually lengthening. It's still light at 6:30 PM. We never have those long summer days experienced in the temperate zones--at most we'll get to light still at 7 PM or so, but it's still nice to notice the longer daylight. Also beautiful sunsets the past two days--not glorious, but simple sun sinking into the water and a gradual pink to gray sky.
________________________________________________

While other students enjoyed a day off on "Easter Monday," the SSHS Manta Ray Band had a 3 hour rehearsal--from 4 AM to 7 AM! They're working hard on their Carnegie Hall performance and testing the time adjustment, as well.

And it looks like they will be in good shape financially, as well. My gripe (wanting information about the amount raised and not only general cheeriness) was just a bit premature. This week, SSHS Principal Craig Garrison announced that, with the latest donation of $7,000 from Bridge Capital, the band has reached its goal, previously announced as $142,000, the estimated cost of the trip.

The band is still accepting donations, because the estimated fundraising goal is just that--an estimate, and the worry is that it may be too low or that unexpected expenses may crop up. So if you want to donate, (any amount!) you can make a check payable to Saipan Southern High School and in the memo box, write in Manta Ray Band.

The band leaves April 17, 2010 for its debut performance in New York City, first at Central Park, and then at Carnegie Halll.

Short Takes

2010-03-30T12:20:00.001+10:00

The tangentangen is full of brown, crackling, dried seed pods. Breadfruit trees are laden with huge ripe fruits. The nights are still cool and comfortable for sleeping, but the days have become hot and close--the kind of heat that leeches the energy out of you and makes you want to take a nap.
__________________________________________

Immigration -- There may be a court challenge to the CNMI's recent enactment, P.L. 17-1. If you are an alien in the CNMI or an employer of foreign workers in the CNMI, and you want to join forces in challenging the law, you might see a lawyer now. Low income persons can apply for help at MLSC. Others with middle or more income could check private lawyers like Mark Hanson, Rob Torres, Steve Woodruff, Colin Thompson, Richard Pierce (or any attorney of your choice).

CNMI politics--Still as disruptive as ever. The AG's office seems to be an arm of the Governor's Office, rather than an office serving the interests of the people. I now favor an independently elected AG. I worried that this would only make the office more political; but it now seems to be so political that "more" is impossible. I worried that legal work is not well-understood by the community and the opinions publicly stated would often lead to unconstitutional and unfair results; but the office is being used for unconstitutional and unfair results in the hands of the Governor, without accountability, so the people may be a better choice! I realize that the people re-elected the Governor, so there is little likelihood of real improvement with an elected AG; but it is remotely possible that such election would provide a measure of independence that is currently not present, and that would be healthy.

The CNMI budget--We're going to see the new CNMI Constitutional provision in play this year, and it won't be pretty. Governor Fitial will have a proposed budget by April 1. But the pressure on the Legislature to pass a budget by October 1 may force concessions no one likes.

Some ideas for what our CNMI Legislature could be focusing on now:
1. We have too many government employees--and the cuts should be at the top first, where expense is greatest. Constitutional protections may apply to those in office, but if our CNMI Congress would pass legislation now that lowers these salaries, we will at least see savings in the future. Do it!
2. They could change to a part-time Legislature. And eliminate the municipal councils. We don't need so much government. We can't afford so much government.
3. They could LEGISLATE a list of essential public services, so that the Governor cannot unilaterally decide who gets money and who doesn't based on his own preferences, all under the guise of what is essential, if and when the budget doesn't pass. No more continuing resolution.

We want a rational process, not unmitigated and unrestricted politics.

Community--The SSHS Manta Ray Band concerts on 3/26 and 3/27 were a success. Great performances, reasonably good attendance, successful fundraising. Just one small complaint: fundraising should be transparent. When you've set a specific goal ($140,000) for your trip to Carnegie Hall, you should be telling and showing exactly how close you are to the goal, on a regular basis. You shouldn't dodge specific questions like 'how much more do you need to reach your goal?'with vague assertions like 'we're close.'

The Real News!

2010-03-23T09:32:00.004+10:00

This morning-dark grey clouds everywhere, but still sunshine. White birds en masse circling above the trees by the beach. Lots of coconuts and pugua presently available. The first small mangos now being made into coco.
_________________________________

While the Variety's headline news concerns the first big gaffe, I mean bill, passed by the CNMI Legislature (trying to continue CNMI control over alien labor), the real news is the US Congress's passage of health care reform.

Angelo has a blog post that captures some of some of the color of the process and the final passage excitement.

Understanding this new law will take effort and lots of reading. Some resources:
New York Times questions and answers.

Washington Post tool-what it means to me.

Saipan Tribunearticle and what's in it for the CNMI.

As for me, I'm glad that some health care reform passed, but it will take a lot more work and focus to bring this to realization, all the while the Republicans will continue their efforts to undermine it.

Democracy is strange at times.

Marine Monument backers in D.C.

2010-03-19T09:42:00.005+10:00

Angelo has put up a great post on the D.C. trip by Friends of the Monument to support Kilili's bill.

This coming week we have WESPAC in Saipan for one of its meetings. They want to hear from fishermen, because they're all about fishing.

The ocean is ours to protect, so it's good to read up on these things and do whatever we can. If we overfish, we won't have any fish in the future, and our oceans are already dying. It's important to stay informed.

Power Struggle -umbrella permits

2010-03-16T18:36:00.003+10:00

I've written another lengthy blog post with legal analysis, this time about the power struggle over umbrella permits, at the Day In Court blog.

I see more fruitless resistance by the Fitial Administration, to the harm of our community, including alien workers, employers, and the rest of us. We're all suffering from the uncertainty. We're all suffering from the wasted precious resources of our local government. We're all suffering from the focus on this problem when so many other issues need our local government's attention.

In Labor, On Labor

2010-03-15T19:00:00.004+10:00

I've written an analysis about Jacinta Kaipat's latest ploy to have our CNMI Legislature enact hiring "benchmarks" to "prioritize" hiring U.S. citizens. It's posted at the MLSC blog, DAY IN COURT.

EDIT: Link now working. ~~The link to the original Marianas Variety article in that post doesn't work just yet, but I'm trying to get that fixed. (You'd think it would be easy, but alas--computer issues today.)~~

The federalization of immigration brings with it a host of changes, including the need to change our thinking to equal opportunity, non-discriminatory employment practices. Obviously, some people are having a much harder time letting go of the past than others.

Eventually, though, I think we will have a community that is more self-sufficient than at present. I think we will have more opportunities for better jobs for everyone here. I hope that what foreign workers we have in the future will have rights and jobs that pay for the value of their services. This will all take some committment to free and fair enterprise.

If we build our community on values that embrace equality, freedom, environmental protection, and human dignity, we should be able to surface, breathe, and rescue ourselves from the current precarious, drowning situation we are now in. At least, that's what I hope and believe.

Victims of Crime

2010-03-11T18:42:00.003+10:00

I put up a lengthy post about Victims of Crime rights and remedies at the DAY IN COURT blog.

Basically, there are some meaningful rights and remedies in the states and territories, including Guam, but not in the CNMI.

Here, we have Karidat, a private agency, pulling its weight and more; but this is not enough. We need remedies available through the US Department of Justice Office for Victims of Crime. But to take advantage of those remedies, we need a Legislature that will pass the needed laws and appropriate funding for a real agency.

Here is a chance for us to start trying to push for more help for victims of crime.

Some Photos

2010-03-06T21:35:00.006+10:00

It's night. Cool, some showers.
______________________________________

I'm very slow at getting these posted, but here are some photos from the small party held in honor of P. Fred Kluge. Fred is a writer and professor at Kenyon College (Ohio). His connection with Micronesia goes back to the Trust Territory days. Party was at the residence of Jim and Florence Kirby.

Fred is a journalist and novelist, but my favorite piece of his writing is the non-fiction book, EDGE OF PARADISE, about Micronesia and the movers and shakers in the days of the break-up of the old Trust Territory of the Pacific Islands.

At one point, Jim brought out his copy of EDGE OF PARADISE, a first or early edition that has been badly eaten by termites. Jim hangs on to this because it is unique--on his travels through the old TTPI, he sought out all of the people mentioned in the book, and has signatures from them in it.

Looking Forward-April in New York

2010-03-04T16:04:00.003+10:00

Bright and sunny now. It rained yesterday morning and there was a lovely rainbow in the southwest. I saw a single yellow sulphur butterfly while driving on the road near NMC and remembered the past, when there would be clouds of them "crossing the road" at times.
____________________________

The SSHS Manta Ray Band is looking forward to springtime in New York City. They will be there from April 17 to April 21, 2010 to participate in the New York International Music Festival. They have a busy schedule in that short time.

Their two key performances will be on Monday (late morning/afternoon?) at Central Park bandshell and on Tuesday at 2 PM at Carnegie Hall. The second performance is an adjudicated event; if they do well (and we are hopefully confident and confidently hopeful), they may win awards, which will be presented after an 8 PM evening show performed by Stockton California musicians (the San Joaquin Delta College Symphonic Band and the Stockton Wind Ensemble).

If you are interested in tickets to the Carnegie Hall events (2 PM performance, evening awards), you can get tickets at the Carnegie Hall Box Office. No cost for the afternoon performance; $20 for the evening show.

New York Times

2010-03-02T08:39:00.002+10:00

This article, published in the New York Times by a Greenwire writer, gives more publicity to the NMI's position on the National Marine Monument.

__________________________________________________
Yesterday it was misty and drizzly and overcast, but none of that seems to have provided much relief from the general feeling that it is very dry here. Cool winds last night made for perfect sleeping weather.

Mock Trial

2010-02-27T12:03:00.006+10:00

Congrats to the participants and winners of the Mock Trial Competition in Saipan 2010.

First place winners: MOUNT CARMEL SCHOOL. Final tally was 6 to 3 in their favor. They will travel to Philadelphia for the national competition in May 2010.

Second place winners: MARIANAS BAPTIST SCHOOL. Hard fought. Good job.

Third place winners: SAIPAN SOUTHERN HIGH SCHOOL. They're already talking about next year!

Fourth place winners: ROTA HIGH SCHOOL. First time in the winners circle and great performance.

Team Professionalism award: MARIANAS HIGH SCHOOL. This award speaks volumes. Congrats.

EDIT: The individual awards (best prosecution attorney, witness, best defense attorney, witness): MHS student Christian Cruz won for Best Prosecution Witness; MCS student Anastasia Schweiger won for Best Defense Witness. MBA student Yonghwa Choi for Best Prosecution Attorney. MBA student Jessica Dong Hee Lee for Best Defense Attorney.

The competition was very good. The students worked very hard and show tremendous talent and promise. Wow!

EDIT: Newspaper stories here : Variety article, and Tribune.

Photo by Haidee Eugenio, Saipan Tribune
Team members: Ryan Ortizo, Maria Balajadia, Janella Revilla, Kevin Bautista, Hazel Doctor, Keno San Pablo, Geza BAka, Anastasia Schweiger

______________________________________________
The mango trees have reddish yellow buds on them--incipient fruits. The flowers (bouganvillea, cadena de amor, even pointsettia) are bright and glorious. But it's starting to feel a bit dry. There are some trees with brittle seed pods and few leaves.

A Chance to Support the Manta Band

2010-02-25T12:45:00.003+10:00

Saipan Southern High School's Manta Ray Band is heading to NYC to perform at Carnegie Hall for the New York International Music Festival. They won the right to be on stage through their audition. But now they are desperately trying to raise the funds needed for the trip.

Come have fun and help them! This Saturday.

You can pledge for the band members joining the fun run (either by dollar amount or by the laps they run). [I'd be happy to take pledges! I know several of the students. Checks are made payable to SSHS with a notation in the memo part for Manta's Carnegie trip.]

You can come to the evening festival and spend your pocket money.

Please take this opportunity to help!

_______________________________________________
We've been having perfect weather, but just now it's gone grey and looks a bit stormy. The bouganvillea is stunningly bright and beautiful, in full flower. There is plumeria in blossom and even a few Flame Trees already starting to show orange flowers.
_______________________________________________

Addendum: If you'll be in New York City during April 2010, you might be interested in seeing the Manta Ray Band on stage at Carnegie Hall. Here's what I've found out about tickets, which are AVAILABLE NOW:

Performance Date – April 20, 2010
Performance Times! – 2:00pm EDIT: 8 PM show, but Manta Band will NOT be performing then.

Location – Isaac Stern Auditorium, Carnegie Hall

Cost – 2:00pm Adjudicated Performances - Ticketed but free of charge, obtain tickets at Carnegie Hall Box Office

Cost – 8:00pm Showcase Concert - $20.00 per person, obtain tickets at Carnegie Hall Box Office

How to get Ticket – Obtain tickets at Carnegie Hall box office
Box office info – http://www.carnegiehall.org/

Carnegie Hall
57th Street & 7th Avenue
New York, NY 10019

Tickets released – February 15, 2010

Write Now, Right Now!

2010-02-22T14:00:00.000+10:00

Friends of the Mariana Trench Monument Seek Testimony for Congressional Hearing

FEBRUARY 21, 2010

(Saipan, Commonwealth of the Northern Mariana Islands) - A Congressional hearing is scheduled this Thursday in Washington, DC for the Mariana Trench Marine National Monument and the Friends of the Mariana Trench Monument, the key proponents of the monument leading up to its designation, are asking local residents to provide testimony in support of building a Mariana Trench Visitors Center in the CNMI, rather than Guam.

The hearing will take testimony concerning two bills, H.R. 3511, Representative Gregorio “Kilili” Sablan’s “Marianas Trench Marine National Monument Visitor Facility Authorization Act of 2009,” and H.R. 4493, Representative Madeleine Bordallo’s “Marianas Trench Marine National Monument Management Enhancement Act of 2010.”

Sablan’s H.R. 3511 seeks to “authorize the Secretary of the Interior to establish and operate a visitor facility to fulfill the purposes of the Marianas Trench Marine National Monument” while Bordallo’s H.R. 4493 seeks to “provide for the enhancement of visitor services, fish and wildlife research, and marine and coastal resource management on Guam related to the Marianas Trench Marine National Monument.”

The Friends are opposed to H.R. 4493 because they want to see a Mariana Trench Visitors Center built on Saipan. They argue that the area of the monument close to Guam does not restrict any fishing or protect any coral reefs or preserve any coastal resources and that only the “Islands Unit” of the monument, an area surrounding the Commonwealth islands of Uracas, Maug, and Asuncion, protects marine resources.

Friends’ Vice Chair Agnes McPhetres said of Bordallo’s bill, “H.R. 4493 seeks to provide research and enforcement dollars to the Government of Guam even though the monument does not protect any fish, wildlife, or any other living creature within 500 miles of Guam.”

“If you read the monument proclamation, the area of the monument that extends close to Guam only restricts future seabed mining of the substrate at the bottom of the Mariana Trench,” explained McPhetres. “It makes no sense to house the management of the biological resources of the monument on Guam when they are here (Northern Mariana Islands). It would appear that Guam is asking for federal dollars to manage resources under the jurisdiction and within the borders of the Commonwealth of the Northern Mariana Islands.”

The Friends are asking the community to provide testimony for Thursday’s hearing through letters and emails. They are asking for letters to be addressed to the Subcommittee’s Chairwoman, Representative Bordallo and request that copies of all letters be emailed to Representative Gregorio “Kilili” Sablan so that he can enter them into the official record.

According to the Friends, each letter should give a short introduction of the author, explain their interest in the monument, and specifically request that the Subcommittee support H.R. 3511. Letters should also ask for a Mariana Trench Visitors Center to be built in the CNMI.

According to Friends’ Director Angelo Villagomez, “Many people in the Northern Marianas fought for this and now we are in danger of losing the monument headquarters and facilities to Guam. The community needs to come together to show their support if we are ever to see the benefits promised to the CNMI by the Bush Administration.”

Letters for Representative Sablan’s office can be emailed to Paula Bermudes-Castro at paula.bermudes-castro@mail.house.gov and must be received by Wednesday, February 24, 2010.

For more information or if you need help drafting a letter, please email Angelo Villagomez at angelovillagomez at gmail.com.

The Friends of the Mariana Trench Monument formed in 2008 to express the voice of the local community and consists of a cross-section of indigenous and resident people of the CNMI who are dedicated to the conservation, preservation and protection of marine flora, fauna and geological features of the oceans; and the proper management of the Marianas Trench Marine National Monument. Visit them online at their blog.

Written by Angelo O. Villagomez, member of the Board of Directors, Friends of the Monument, and environmental consultant

Out of the Frying Pan...

2010-02-17T17:58:00.005+10:00

Tuesday evening, about 7 PM-beautiful red crescent moon. Later last night-glorious stars in deep black sky studded with clouds. More cadena de amor shrouding trees and vegetation in the wilder parts of Saipan.

________________________________
So Governor Fitial has decided that Dolores San Nicolas Aldan should no longer be the head of the Department of Corrections. Instead, she will be a special assistant on political affairs. And the Governor has nominated Ray Mafnas to the DOC post.

Well, I don't know why we're now calling relationships with "masseuse therapists" political affairs--just plain old affairs seems more appropriate. Why are we wasting money keeping Dolores San Nicolas Aldan on the government payroll? What price loyalty? or is that silence?

But the real problem is appointing Ray Mafnas to any post with this much power.

Mafnas was most recently "senior policy adviser" -another term for muscle, I think. Whenever Fitial wants something checked out--to bring someone into line?--he calls on Ray Mafnas.

Being on hand when the Governor met with DPS protesters wanting a raise.

Checking out why Jose Itibus didn't show up at the swearing in.

Even enforcing a ban on smoking and chewing betelnut at public places.

Mafnas is a man who wields his power with a heavy hand.

Thought to be behind the ouster of Clyde Norita from DPS.

Wanting to control all government employee transfers.

I suppose being the governor's muscle may be experience in "corrections." No question he has some degree in criminal justice and has previously filled in at both DOC and DPS. Still, I think this is a bad appointment.

Political payback or just a thin clique from which to draw. What a shame for us.

Lend Me A Tenor-success!!!

2010-02-13T11:52:00.008+10:00

The play is hilarious. The actors are amazingly good at bringing the crisp dialogue and farce to life.

The costumes, designed by students, are also fabulous. We used pieces that we had on our FOA and Thespian costume racks, where possible, but we had some designs created. The seamstresses at Dollar Days, Unity Trade and Xiu Yi helped transform two-dimensional drawings into real costumes.

Bellhop by Haeri Kim

Diana, evening, by Rozette Bunao

Diana, day, by Helen Choi

Mr. Saunders by Rozette Bunao

Maria Merelli by Donna Monton

Maggie, evening, by Allison Madamba

Maggie, day, by Rochelle Dimipilis

Tito Merelli, day, by Donna Monton

Tito as Otello by Lara Lleva

You can see more photos of LEND ME A TENOR in rehearsal at the student competition site here.

Just In Time for Valentine's Day...

2010-02-12T10:42:00.005+10:00

A bawdy, romantic comedy on stage this weekend at P.I.C.'s Charley's Cabaret. The play has won awards and is a standard for regional and community theatres because of its accessible humor!

Tickets are $15 for adults, $10 for students (discounts for FOA members and Thespians).
Friday, Saturday, Sunday 7 PM.

I watched most of the dress rehearsal last night. There are some hilarious moments and the cast does a great job throughout. The costumes are designed, for the most part, by local high school students. (I also have a design in the show.) Come, laugh, and be sure to bring a date--it is, after all, a ROMANTIC comedy.

____________________________
It's sunny and cloudy outside at the same time. Feels a bit heavy.

My Thoughts on Massage-Gate

2010-02-09T12:30:00.002+10:00

Another perfectly beautiful day in paradise! Blue skies with some white clouds. Sunshine, moderated by refreshing breezes. Cadena de amor, a pesky vine with very pretty, small pink-petaled flowers, is in bloom.
_______________________________

Before I go and read all the blogs and comments and talk with others, I'm just going to give some gut-level responses to the headline news that Judge Munson quashed the subpoenas in "massage-gate."

He's acted promptly. No one can say he dallied about on this.

He's articulated reasons that make sense (at least to lawyers). Separation of powers and the restraint of the court from participating in the government's investigation are not pretty or popular sound-bites, but they are important foundations of our legal jurisprudence and our system of government.

He's acted fairly and neutrally. I'm guessing he's as curious as the rest of us to actually find out what happened. But he didn't let his own curiosity or disgust about the situation overtake his judgment.

I don't like the outcome, but I'm not fair and neutral. I am disgusted and wanted some heads to roll. Still, I can't fault Judge Munson for reaching this decision.

Now, we'll have to see if this is the end of Massage-gate, or if there will be more federal investigation, more action by the court. I sincerely hope that the Governor is required to pay for his serious and flagrant abuse of power.

Because I don't agree with the Tribune's headline news or the Governor's take that "the truth has prevailed." We haven't heard the truth yet. It hasn't yet prevailed. Ed Buckingham represented the Governor, but he didn't represent the people in this matter. He has won nothing for us.

We did get this, though, from the order:

According to the declaration of Captain Georgia Cabrera, it appears that movant (Dolores San Nicolas) left and returned to the Governor's room several times during the treatment, presumably leaving the defendant unattended by any corrections officer for some periods of time...This conclusion is supported by the declaration of Corrections Officer I Abigail Borja...

So at least we know that the defendant was not really in custody all of the time. The spin of the Administration isn't fully supported by the existing factual record, as thin as that record is. And so there are still many, many unanswered questions.

And Stanley Torres is wrong. Shutting up and not disclosing in full public view the answers to the many questions does not put an end to the controversy. It will simply fester.

A Chance to Comment

2010-02-05T17:52:00.004+10:00

I wish this letter by Sylvia Haywood was in the Variety where people could comment. It's not.

Sylvia sets Lee Anderson straight, given his ridiculous letter on massage-gate.

I don't get the volume of traffic the Variety does, but if anyone wants to have their say, feel free!

____________________________
Edit: I forgot to add my "weather" notes: When I wrote this, the sky was blue with a few white clouds, sunny day but cool and without humidity-perfect! Ocean purple and green. It's that time of year in Saipan when it is so beautiful outside you you can't imagine living anywhere else! Until you remember the politics.

A Need for Flag Men or Traffic Cops

2010-02-04T09:47:00.000+10:00

Every morning I drive through San Vicente to get my daughter to school and me to work. The construction of the four-lane highway is in full swing. I hate it.

I can't stand the idea of our small community school being situated on a 4 lane highway. I didn't like the demise of the Roundhouse.

But just now, I can't stand (even more than my dislike of the overall objective of the project) that it takes from 6 to 10 minutes to drive south the half mile or less from SVES to clear pavement. Ordinarily this takes about a minute or two.

Worse, I feel for all of those trying to turn left from Dandan and the eastern roads of San Vicente village. Cars are lined up 10 and 20 deep, with no hope of finding a space for turning. The traffic on Isa Drive goes in both directions, and is now so slow, that those waiting to turn onto Isa must wait for kindness from both directions. But it's hard to be kind to those waiting to turn when you've been waiting a long time just to go straight, and being kind to one will mean forcing the long line of traffic behind you to wait longer.

It's a mess.

A simple fix would be a traffic cop or flagmen directing traffic.

Of course, there is going to need to be a more permanent fix, so we don't end up with a dead child when the traffic from Kagman comes zooming along on the new 4-lane highway and fails to adequately slow down in the village when kids are walking to school. And probably there won't be any sidewalks added, because no one thinks of pedestrian traffic, even if it's our school kids going to a school right there smack dab in the middle of the village on the main road.

We're setting ourselves us for a disaster.

I just can't stand any of it.

Manta!

2010-01-30T21:53:00.004+10:00

Friday night at the Multi-Purpose Center saw an interesting blend of western and Asian cultures. The SSHS Manta Band performed. First the advanced band 1 played 2 pieces, Arirang and Caprice. Most of these students have been playing music for just 1 1/2 school years, yet their performance was enjoyable and enthusiastic.

Then the Manta advanced band 2 played 3 pieces. The first was a piece by John Chance that they will perform at Central Park in NYC this April. The other two, which will be played at Carnegie Hall in NYC in April, were more familiar--Invincible Eagle by John Phillip Sousa and a Duke Ellington piece.

Their performance was greeted with much applause from the crowd, which was sold out and standing room only (with people standing in the back!).

After a short break, the audience watched a group of Korean dancers drum and march; then a dance called "yard of drums;" and then three acts of a Korean dance/story. I loved the gongs in the first piece. The women drumming in the second piece were mesmerizing. And then the rest of the show was swirling skirts, graceful movement, strong rhythms and an enchanting, but slightly eerie music.

I couldn't help but realize how little I know culturally of this type of dance and I wonder how much I missed. But even from my very limited point of view, it was a beautiful and impressive performance.

When it was over the two groups exchanged greetings and offers of friendship and posed for many photographs.

Manta Band and Korean dancers.

The Korean dancers, who had arranged and scheduled the entire show, donated the proceeds to the Manta Band for their April Carnegie Hall trip.

Joseph Jang and Craig Garrison with the donations box.

The Korean Dance group also gave a $1,000 donation to the Manta Band. SSHS Principal Craig Garrison expressed thanks and was all smiles throughout the evening. The generous donation from Mr. Park and the entire Korean Dance group will be used for the Manta's Carnegie Hall trip.

Odds and Ends

2010-01-24T20:50:00.003+10:00

Saturday--beautiful ocean: deep blue, peacock blue, light (seafoam) green, and purple. very quiet and smooth. Sky: sun shining, cloud cover about 50%, with black bottomed cumulus clouds (but after a brief rain midday, it cleared).

Sunday--morning glories along the road between San Vicente and Airport Road. Rain midday. Plumeria in bloom. Beautiful pink sky after sunset.

_______________________

Greg Baka leaves island on Tuesday.

He was a lightning rod for criticism as an acting Attorney General during the Fitial Administration's first term (after Matt Gregory resigned). I disagree with him politically and was very disappointed in his positions for Fitial (opposing the Open Government Act request of Tina Sablan, for example). But I like Greg and recognize his many talents and positive attributes, too. Greg contributed a lot to Saipan during his years here. He was an assistant public defender; a law clerk for Judge Munson, and an assistant US attorney, serving many years in each of these capacities without controversy and doing many needed and important jobs. His wife, Cheryl, is personable and extremely hard-working. They have two handsome and smart sons, who attend Mount Carmel School.

Greg is always interesting in conversation, and sincere and intelligent. He will once again be working for the U.S. government (in San Francisco, this time).

I wish him well.

_________________________

Thanks to P. F. Kluge for elevating us out of the muck of the latest controversies and focusing on the beauty and value of stories. His book discussions are continuing--now on Monday and Wednesday evengings at 6 PM and Saturday mornings at 9 AM, at the American Memorial Park. We've finished with TO KILL A MOCKINGBIRD; next up OLD MAN AND THE SEA.

And thanks to the Humanities Council for sponsoring this discussion of literature.

___________________________

Prayers for Wally Guerrero and the family he's left behind. There's something comforting and immortal in hearing the rosary and litany prayed and the songs sung during the nightly lisayu. No matter who dies here in the CNMI, this tradition is an integral part of the community response--in support of the family and as a recognition of the deceased.

Just When It's About to Clear...

2010-01-20T12:30:00.003+10:00

Rain, gray skies, and very cool temps all week; the ocean has been slate gray, too. Today, there's some blue and green in the water, the sun is starting to glare through the clouds, and the rain has stopped (although it was still cool this morning).

_______________________
If Governor Fitial had only kept his mouth shut one more day, the story of Chinese Take-Out / Massage-gate would have been off the front page and possibly not even in the news at all. (Well, except for the Tribune, which seems to be running its stories days late, now telling us today they "learned" about Cheng's legitimate job at Yu Yu Spa--They probably learned about it from reading Wendy's Blog!) But the Governor is keeping the story alive and fresh, and he says now that he did not "order" the "release" of the federal detainee, Qingmei Cheng.

This statement sounds like the semantics game that President Clinton tried (and lost) when he said he didn't have "sex" with his intern. As if a blow job was not sex.

And for Fitial, as if a "request" to an employee who "serves at the governor's pleasure" and can be sacked at any time by you, and who knows you will not hesitate to terminate her employment, is anything other than an order.

It always makes me nervous when the Governor throws out a smelly bone and the media hounds go chasing after it; I wonder whether that is to distract the media and public from something else, something worse.

_______________________

It's also quite clear this (massage-gate) incident is not an isolated incident, either from the Governor's side or from the Department of Corrections side.

The Governor previously rescued this same "masseuse" from arrest for loitering, making this at least the second time she's been brought by police/correction officials to the governor's mansion to give him a massage.

And DOC's Dolores San Nicolas has (allegedly) at least once before ignored a court order about detention of a person with court-ordered conditions. She allowed her husband, after the court sentenced him to jail without release, to visit the crime scene ostensibly to retrieve a gun (!), and that place happened to be the home of his victim.

_______________________
Dolores San Nicolas has her hands more than full. Wally Deleon Guerrero died in his cell at DOC, an apparent suicide. Wally was being held on domestic violence charges.

Condolences to Alice Guerrero and family.

And now to the political side of this tragedy: why doesn't DOC has sufficient measures in place to prevent this?

And will the next "apparent suicide" be Qingmei Cheng?

DOC does not sound like a safe place.

_____________________________

3 days down; 362 days to go

2010-01-15T12:30:00.002+10:00

The Saipan Tribune has today, Friday, published this as news: Fitial in pain.

This news report is predominantly spin, with some very lame excuses:
1. The DOC chief Dolores San Nicolas takes responsibility. She tried to reach the AG and a U.S. Marshall first, but couldn't.
2. Fitial was in severe pain.
3. His wife was present throughout.

On #1
Of course Dolores San NIcolas is responsible for her role in this. But her job security depends on the Governor, and he called her and "asked" for the prisoner to be brought to him. He is also responsible.

Both should face consequences for their actions. Those consequences should include both employment discipline /loss of their jobs and criminal contempt/other charges.

Also, the veracity of their statements should be thoroughly tested. I hope the Feds get the communications records to confirm whether San Nicolas made such phone call/attempts to the AG and the US Marshall. Can records show this?

On #2
It makes no difference how the Governor felt as to the abuse of power. You don't get to use prisoners for your personal needs because you have personal needs and are the Governor.

Also, is this believable in light of his conduct public appearances on that day and the next? The Governor has had medical problems; and those do relate to his back, which means he could be in pain. It's plausible. Yet there are no reports that he seemed in any way to be slower, in pain, uncomfortable on the days leading up to this or the next day.

On # 3
It makes little difference what his wife did to the Governor's abuse of power. The abuse is getting a federal prisoner out of detention for your personal services. I'm sure in the public's eye that massage is less scandalous than prostitution, but both are equally weak as legal support for the Governor's actions.

There there is the question of whether this is believable. Quite frankly, I'm having trouble believing it. But I wasn't there, and don't know. But then I keep going back to the photograph of the first couple, and the anger and unhappiness in the faces of Josie and Ben. At the inauguration, when they should be celebrating.

Just makes me skeptical.

So what do we call this scandal? I've seen "rub-a-dub-dub gate" but I don't much like that, because it makes me think of bathtubs not massage. Other ideas? "Chingching gate" or "Pain-Relief-gate"?

You can watch the KSPN news on this story here.

2 Days Down, 4 Years 363 Days to Go...

2010-01-14T12:30:00.002+10:00

Governor Fitial has been in office on his new term for 2 days. And today's news is staggering--both entertaining and awful.

The Variety reports that Governor Fitial had DPS bring over a federally-detained prisoner, held at DOC by federal court order because she was deemed a flight risk. Why did she visit Governor Fitial? To give him a massage.

I wondered why the CNMI'S First Lady was looking so angry and why Governor Fitial looked like he was stone-walling in this Inauguration Day photo in the Trib by Haidee Eugenio:

Now we can guess!

Okay--so you already know. The comments on the Variety site and on Wendy's blog are great (and numerous).

But just in case those forums aren't enough for you to vent your feelings, feel free to comment here, too.

Some thoughts:
1. The feds really do need to get their own detention facility. The CNMI DOC is not safe, secure, or free from influence and pressure.

2. I always thought Governor Fitial was smart. I don't like him as a Governor; I disagree with his policies, politics, and priorities, but I thought him intelligent.

3. Was this the stupid mistake that a smart person can make? Was this done because he's in pain and really does depend on this massage therapy? Was it a stupid weakness and desire for some relationship? Or was this an excuse to meet with this woman for some other reason? Is he involved in her legal entanglements? Or worse, involved with her in some illegal activity?

4. The Governor seems to be surrounded by suspicious and criminal or corrupt people: his former lieutenant governor Tim Villagomez is in federal prison for corruption related to the utilities company; his former driver was just sentenced on a federal charge related to ice/methamphetamine; and now his masseuse has been arrested for attempting illegal entry into Guam.

5. We need information. Suspicions are poison. Some of us will believe the worst of Governor Fitial (despite Joaquin Romolor's pleasant letter). Some of us will defend him, no matter what (and probably because we're depending on him for a paycheck or favor). But no matter which side we're on, we need information so that we can be honest, make informed opinions.

and that gets me to this question...

6. Why didn't the Tribune report on this matter? At least as hard news, to the extent that the Federal Court asked for a report from the AG on why the governor did this, or what happened, etc. The Trib has its bent in favor of Fitial, but it usually at least includes the real news.

7. And one last comment. The federal government's motion language, as reported on Wendy's blog, seems mild. They want to "determine whether any prejudice was caused thereby." I guess they're letting the facts speak for themselves.

It is always interesting in Saipan; news is entertainment! Politics is side-splitting funny.

Too bad we need to laugh to keep from crying.

Latest legal news.

2010-01-13T11:38:00.002+10:00

The 9th Circuit issued a decision in a civil rights/discrimination case against the DPS. You can read about it on the MLSC blog here.

It's good news.

And it will help to shape up our police force. The basic idea--you can't discriminate for locals or against Koreans or other non-locals in delivery of government services.

It would be good if all of our government offices got the message.

Ruth Tighe

2010-01-08T08:42:00.002+10:00

Thank you, Ruth, for all you've done for the CNMI. You deserve the honor you were given earlier this week.

Zaldy's editorial -variations- on the subject and in tribute is very good.

I would add --Ruth plays bridge. You can never have too many bridge players.
:-)

Saipan notes

2009-12-29T10:57:00.003+10:00

Every November when I write during National Novel Writing Month, I set my stories in the CNMI, and I realize how limited my imagination is. The weather in my stories always seems to be whatever it is at the moment; the environment is always November; etc. So I'm starting a "notes" file where I put in bits and pieces about the current weather of the day, the environmental /seasonal notes, and any other bits.

Today's "headline" news is that they tore down the Round House in San Vicente. Bulldozed out of existence. (Noticed this yesterday on the way home from work.) This was an iconic hangout for the neighborhood teens and a bus stop shelter , as well. They're also surveying the roads and it appears we're in for road widening--newspaper says cross-island road. Wonder if they're going to be paying for the land taken in the road widening.

Loads of tangerines on the trees. Plumeria blooming. Today's weather--sunny, bright white puffy clouds--too many, covering the sky, giving a heavy oppressive feel, but cool breezes.

Another Chance to Help

2009-12-22T09:52:00.003+10:00

In case you missed it--there's another chance to help the families of those who died recently in the tragic shootings at Kannat Tabla.

The Pacific Winds is giving a holiday concert tonight (Tuesday 12/22/2009) at Pacific Islands Club (P.I.C.)-Charley's Cabaret. All proceeds will go to the families of those who died. Cost is just $5 and show starts at 6:30 PM.

A "marketing representative" for the shooting range, who had been a garment worker, went on a shooting spree, killing innocent men and children. This tragedy has so many proportions to it, and it will effect many people for the rest of their lives.

This concert is a small chance to help, to remind us we are still waiting for answers on how and why this could happen, and to share with the families some of the love of the season that they so desperately need to heal.

Building A Community of Workers

2009-12-16T11:42:00.004+10:00

This blog post is a response to a letter in today's Tribune, with the nice (but inapt) headline "Impartial Hiring."

The "logic" (and I use that word loosely) of Jose Hinaro Lim, the letter-writer, would have us tied to cheap, foreign labor forever because that provides greater profits for private businesses. Hidden beneath the very sound idea of hiring based on qualifications is the message that we want our cheap, foreign labor force and should be entitled to keep it, and that federal laws to the contrary are bad. Hidden beneath the rhetoric is the concept that profit is the only consideration that counts.

But greater profits for private businesses is not the sole consideration in building a community; it is not even a preference. What we should be aiming for is a community that is self-supporting. We want a community where equal opportunity exists for everyone. We need a community with wholesome enterprise and a political scheme that respects the civil rights of all, preserves the environment, and provides equal access to justice.

Employers should be careful before embracing the suggestions of Jose Hinaro Lim--to do so could violate our laws and cause employers to face civil and criminal sanctions. In choosing an employee, the first consideration is competence--not MAXIMUM or BEST competence, but identifying all who meet the minimum criteria that are legally needed for the job. (The argument that employers would be forced to hire incompetent employees is nonsense. There is no law that ever requires that.)

Employers do not get to pad the requirements for the job. You can't require two years experience for unskilled work. You can't tailor the requirements to meet just the one candidate you really want to hire. This is what the concepts of job categories and prevailing wages address.

If there are competent lawfully resident workers--regardless of race, ethnicity, or citizenship--these are the people who get the job. It doesn't matter that you may prefer a foreign worker because he's cheaper, or has a better education or more experience. If employers can hire a resident worker who is competent to do the job, then that is what the law requires.

And that makes sense. We want to build the competencies of our own community. We want the income earned to be spent here as much as possible, and not be forwarded out to a foreign country. We want to be able to lure back our youth, when they get educated, with jobs and opportunities here.

So NO, Mr. Lim, it is NOT good for our community to have a policy that employers should be able to hire the best foreign worker for the cheapest price, regardless of the availability of resident workers. That's NOT "impartial." That's a practice that abuses both the local worker and the foreign worker by depressing wages here, and forcing resident people to leave their homes, and takes advantage of poor people who have left their foreign homes and have no political power. That's not "impartial"--it's destructive of our community and perpetrates a system that is not good for workers at all.

Christmas Chorale!!!

2009-12-13T17:22:00.004+10:00

The Friends of the Arts presents a Christmas Chorale on Monday, December 14, 2009 at 7 PM at Charlies' Cabaret, P.I.C.

The price of admission is whatever donation you'd like to make--all proceeds and canned goods to Guma Esperanza. This will be the third show for the volunteer group--the first an ad hoc rehearsal at Duty Free; the second was last week on December 8. Andrea Stafford plays piano to accompany the choir, led by Ruthi Fruit.

I saw the second one and was impressed with the beautiful harmonies and fabulous music. They're performing a Christmas Cantata about the birth of Christ; the music is glorious and the voices equal to the music. The show is really nice.

There will be one more show, but with recorded rather than live piano accompaniment, on December 20 at the American Memorial Park.

Mind-Goggling...

2009-12-10T11:51:00.001+10:00

I'm such a Luddite, but I do like seeing this stuff.

"Where Is Our Great Wall" said

2009-12-04T14:03:00.005+10:00

This excellent comment was buried in one of the threads, and I think it deserves a lot more light of day.

I agree with you Jane regarding the romantisizing of our recent past. I left this island nearly 20 years ago and just recently returned.

I don't even see anything close to the Great Wall or the Pyramids (other than the empty GIG that was once a thriving disco that rivaled anything in the region). The La Fiesta was not dependent on cheap labor and has been empty for years while we had access to cheap labor.

What I did see upon returning has been eye opening and far from anything I would revel in and consider great development and a prosperous economy. I found destroyed reefs and barren lagoons (in comparison to 20+ years ago). I found empty shells of 30 plus garment warehouses. I found empty strip malls. I discovered that around 70% of those I grew up with and went to school out here with no longer live here. They have families elsewhere. I saw that nearly 90% of the waitstaff, front desk clerks, bartenders,etc were guest workers (I was a waiter 25 years ago and my pals were front desk and housekeeping). I noticed that all the Mom and Pop stores that had once been owned by me and my friends Moms and Pops were now owned by foreign investors. Diego's Mart, Pop's Store, Morgans Mini Mart, Carmen Safeway, Tenda Store, Aldan's Gas Station, Farmers Market, etc. Same with the bars and restaurants like Ship Ashore, House of Chang, Chamorro Village, Town & Country, Chamorro House, etc are all replaced with foreign owned businesses. I noticed the streets that used to be filled with Japanese Tourist were now empty. The golf courses designed 20 years ago by Jack Nicolas were now unkempt. The hotels that used to average 90% occupancy now ran at around 50%. The Jets that used to fly between here and Guam are now prop plans. Direct flights to Japan that used to fly in and out 3 times a day down to 2 twice a week.

Where is our great wall? We had none. 30 years ago we could have built something great.

We had geographic edge with Japan only 2 hours away. We had great resorts and golf courses that were maintained and rivaled those in other areas of the pacific. We had relationships with agents and airlines that secured set routes and put us int he position to be the HUB for the Pacific region. We had locally run businesses and local workers at all levels that kept the money in our economy and didn't funnel it all out. We had a solid foundation birthed of the Covenant to maintain all of this and grow to be prosperous.

What happened?

We got greedy and we got led by some terribly short sighted leaders.

Our downfall is not to blamed on federalization of immigration. It is blamed on our own doing. We embraced garment. We spent millions on lobbyist. We exploited foreign labor and used guest workers to replace local labor rather than filling gaps and instead replaced our local workforce. We pulled in foreign businesses at the expense of local entrepreneurship. We doled out public land to foreign investors instead of catering to local investors. Our leaders did this because they could negotiate kickbacks and become middlemen in the schemes. Do land swaps and make millions overnight.

3 days ago the federal government took control of immigration in the CNMI; 27 years ago we destroyed this economy.

December 1, 2009 2:11 PM

I like this comment, not because it starts out by agreeing with me, but because of the specifics. It makes me sad, though, to contemplate the lost opportunities. Still hoping that--yes, we can--make it right.

Some Thoughts on Blog Rules and Comment Moderation

2009-12-04T13:39:00.003+10:00

I don't have my own written site disclaimer or blog rules, although I have given thought to this on numerous occasions and have developed a fairly clear (at least to me) idea of what I'm willing to tolerate and what I will delete.

Recent comments, though, led Greg (and others?) to offer up some unrequested suggestions on how I should deal with my blog.

I've done some more thinking on all of this, and have decided I'm not changing much of anything. I like this "site disclaimer and comment policy" from Whatever. I also found great stuff in this article about spammers and trolls and things the author has learned about comment moderation. It's pretty clear moderation isn't rocket science.

So basically, comments are allowed without preview (unless added to older posts). I reserve the right to delete comments. I'll try to be "fair" about it. Enough said.

Sleeping Beauty Ballet

2009-11-30T16:03:00.002+10:00

I'm selling tickets for the Glushko's Academy of Performing Arts holiday ballet. Yes, Anna Rose is now taking ballet lessons and will be on stage on Fridy and Sunday, along with the other students, and the visiting ballet professionals. On Saturday night, only the professionals will perform.

Sleeping Beauty ballet 7 to 9 PM at the Palms Resort (San Roque).
Friday and Sunday tickets: $15 adult/$10 child (ages 3 to 12)
Saturday tickets: $35 adult/ $15 child (includes 1 cocktail)

The Saturday tickets charmingly announce that there will also be a "ruffle" :-) in case you're interested.

If you are interested in buying a ticket, contact me (leave a message here or via e-mail. See my profile.)

November 28-Day 1 of U.S. Immigration

2009-11-28T20:28:00.002+10:00

It's almost the end of the day. I've been out and about--to the post office, the store, Garapan, now Java Joe's.

Nothing seems any different.

The world did not end with the federalization of the CNMI's immigration. The world did not magically improve either.

We'll have to wait and see how things develop over the next few years. This will be a slow process.

50,000 words

2009-11-27T13:35:00.006+10:00

Okay.

I've written 50,000 words during November 2009. I'm an official "winner" in the NaNoWriMo challenge!

I have a first draft novel and a complete story, although the last 20 pages are just outline. And I will have a lot of work to make this novel into a readable story, because it is very messy with lots of continuity issues.

On the other hand, like my other novels before it, it was great fun writing. My characters revealed surprising things about themselves that I didn't know. They insisted on doing things about which I have no knowledge (so research was required and more is needed). And I experienced the real thrill of writing when I uncovered motivations I didn't know existed, found bits of humor that played out in surprising ways, and even found a use for the timeline in the affirming resolution of the story.

Oh yeah.

I wrote a novel in November. So what did you do this month?

Printer Ribbon

2009-11-25T09:51:00.004+10:00

We can send Howard Willens to Washington, D.C. the minute we hear that the Court has dismissed the initial 2 counts of the case fighting federalization of our CNMI immigration.

But we are helpless to obtain printer ribbon to issue permits to the people here trying to renew their entry permits.

For about 2 weeks now, our office has been hearing how CNMI Immigration doesn't yet have the renewal permits ready because they're still waiting on printer ribbon. Yeah. Right.

NaNoWriMo-A Little Encouragement!

2009-11-25T09:35:00.001+10:00

From InkyGirl:

NaNoWriMo--Elsewhere::Micronesia --heading into week 4

2009-11-24T16:54:00.010+10:00

We have some new names coming up on the Scoreboard! We are writers!

Based on the official tally, we've written 486,000+ words-nearly half a million! If you added in the word counts from those who have not officially set their home region, we'd be over that line!

If you know those who have word counts who have not yet homed with our region, please encourage them to do so.

Guam:

Edit: Photo courtesy of Brian a/k/a Applejuicebri (with edits per request)

Leo Babauta: 82,556
ekatlyte: 72,811 (not homed) EDIT: now homed with us!
Sea Phoenix /Shannon Giel: 42,562
Applejuicebri: 41,322
Cjcarino/ Carlo: 44,300
Lickmydisaster: 41,002
Samwriterchick: 37,463
Twerksie: 13,053
Itchy671: 8,357
Sunne: 5,213 (not homed)
Maddiemaer: 3,842
Roott: 3,379
Pandaluv: 1,638 (not homed)
Tenshi-bozu: 1,180
T_Tell: 337
Patty-watty: 308 (not homed)

Saipan:
Saipanwriter/(me): 45,877
Lisswain/ Lis Swain: 33,083
Anna Passion/Anna Rose DLG: 25,061
Josemango/Joe Race: 17,989
Roseanna/ Roseanna Sablan: 8,537
Darkangel: 1,969
Wheaty2008/Matt Wheat: 1,762

Undisclosed Location:
Aomiles: 36,727
Rice: 7,003
Ahimes: 2,084
Cl832: 001

We are 385/484 in total words.
We are 216/484 in donations.
We are 134/484 in average words per wrimo!

Go Elsewhere::Micronesia writers!

For a look back--where we were last week, see this post.

Five More Years... and other news...and some thoughts.

2009-11-24T08:37:00.004+10:00

1. Fitial is being re-elected Governor of the CNMI. He's ahead by 500+ votes, and it seems unlikely (although not impossible) that the absentee ballots will change the outcome of the run-off election.

My previous post on the elections included these:
2009-11-02 The candidates
2009-11-19 On the Spoils System

2. Fitial's lawsuit has been dismissed. It challenged the federalization of the CNMI's immigration, claiming the Consolidated Natural Resources Act violated the Covenant by infringing the CNMI's right of self-government.

Some of my previous posts on this subject, including analysis of the merits of the lawsuit, are here:
2008-12-17 A brief recap of the pending motions
2009-03-11 On the amicus brief

I want to say bad news (Fitial's re-election), good news (dismissal of the federalization lawsuit), but I am reminded of the Chinese story about tao.

What I see as good is that we had an election and we will have a Governor chosen by more than 50% of the people.

What I see as good is that we have a system of justice where anyone can make their claim and have a judge review it, based on written laws and principles.

Who knows? Perhaps it will take 5 more years of Benigno Fitial for us to learn a bit more about the spoils system and what its harms are.

We will have the same 5 years in transition to U.S. immigration. We'll see how it unfolds.

Candelight Vigil

2009-11-21T17:03:00.001+10:00

You are invited and urged to attend the "Saipan For Peace Candlelight Vigil" for the victims of yesterday's horrific shootings.

This event is to be held this Sunday (tomorrow) at 6PM, tentatively at American Memorial Park (if the location changes I will post an update).

It is an ecumenical and multi-cultural event of various faith-based and community coalitions and all are invited. This needed event is non-political and spiritual leaders of all religions have been invited to speak.

The healing begins as soon as possible for as many as possible. Join us to denounce this violence coming to our paradise. Evil has no border, but together, as a movement of "one voice, one people," we can affirm that it is not welcome here.

Please join all of Saipan as we hold the victims, their families, and our community in thoughts and prayers.

The News in Saipan--Condolences

2009-11-20T15:20:00.008+10:00

Edits (saturday): For a more reliable and detailed account, see the Saipan Tribune, Saturday edition.

Edits based on 6 PM news.

My condolences to the families of those who were killed today.

In Saipan, we're so used to safety that we are completely thrown off course by unexpected and unprecedented violence. Today we had a random shooting spree, in Saipan.

This blog post is cobbled together from bits and pieces. Some is confirmed, some is just reports coming in from talk.

At least one man shot several people, including a 5 year old child, in Kannat Tabla; and at least one or more died. The news also includes the death of a 2 year old child, and an adult male.

There is also an unconfirmed report of a shooting at Herman's Bakery, where a Korean man was shot in the leg or foot by a drive by shooter. No mention of this at all on the news.

At least one man shot several Korean tourists at Banzai Cliff and also may have been shooting at the Last Command Post and further north and then turned the gun on himself and shot himself. Confirmed.

It is believed that the shooter in all cases is the same man; Governor Fitial said in a radio statement that the man is believed to have been an employee of the Kannat Tabla Shooting Range, and a Chinese national.

The reports I've heard have varied--from five shot to nine shot to eighteen shot; from one dead, to five dead, to 10 dead. Still discrepancies--the Tribune says 5 dead, 8 shot; the 6 PM news says 5 dead, a total of 12 shot (including the shooter).

The first name I've heard is connected to the 5 year old--a child of Jenn Celis (grandson of Attilong and Phil; nephew to Keiko del Rosario). Possibly also shot Enrique Naputi and DELETED (obviously inaccurate) and their child (There's a report that two adults have died--confirmed.)

We're still waiting to hear more on this entire incident.

The report of the shooting spread quickly; well-perhaps not. The news reports the shootings as happening "in the morning." By about 1:20 P.M. the schools went into lockdown and parents were called to come and get their students. The early reports suggested that a gang of Chinese were the shooters. The governor was on the radio about 2:00 or 2:15 PM reporting that it was believed to be just one man and that the shooter had killed himself.

KSPN news flash here.

This is a very sad incident. I sincerely feel for all who have suffered. My condolences.

EDITED: 5 dead, 8 more shot, according to the Tribune.

Has the Spoils System Spoiled the CNMI?

2009-11-19T17:47:00.009+10:00

"...to the victor belong the spoils..."
William L. Marcy

The CNMI electorate has its eyes on the coming run-off gubernatorial election, set for November 23, 2009. But before we vote, I think we need to step back and take a longer view of issues, of where we've been and where we're going.

I look back on the elections I've participated in--every one since 1985--and see a disturbing trend. Party politics has something to do with this, but not everything. Politicians switch parties enough to make me think that it is not the parties that decide the course of the government, but the politicians themselves.

The trend I see is away from a government that has room for selection and advancement based on merit and toward a government that rewards campaign supporters. It seems less likely now that we will, for example, have another personal secretary who serves for decades successive governors of different parties or different factions within the parties. It seems less likely now that we will have continuity among any of the upper- or even mid-level management government officials in any government office or department.

We have a small pool of talent to begin with, because of our size, and the practice of our various political winners drawing their political appointees and new hires from among their supporters means that only a portion of our small talent pool is available to any one administration.

When a political party comes to power, its leaders tend to place many of their faithful followers into important public offices. The use of public offices as rewards for political party work is known as the "Spoils System."
U.S. History.com

The Spoils System has been seen around the world and throughout time. It has been problematic in the U.S. at times, too, especially in the 19th century, when the U.S. fell far behind other nations in civil service standards of ability and government administration. It has been addressed in large part in the federal government by the Civil Service laws.

In the CNMI, we use the Spoils System. Although we have a civil service system, we have so many jobs of all kinds that are "contract" or "excepted service" that our civil service system does not protect us against the Spoils System.

One of the first political expressions I heard when I got here was the saying: "Live by the sword, die by the sword." It was applied to the employee who had a political job in one administration and then lost it in the next. The person who made the comment was rather amused about the gamesmanship of politics.

The Spoils System in the CNMI is reinforced with the immediate profit of close family members being among the rewarded. They then vote again for their meal ticket.

What is wrong with this concept? Why wouldn't you vote for the politician who is going to give you something back, something like a job for you or your family? What is the harm in using the Spoils System?

I've got some thoughts on that subject.

* The Spoils System narrows the talent pool so that we don't have enough qualified individuals in jobs that are important. What do you do when the loyal supporter isn't getting the job done? Do you replace him with the most qualified person? Or do you ignore the problem and wait until he returns to work? Do you turn a blind eye to the repeated warnings of qualified personnel about a critical problem in an essential service? Or do you do something? The Spoils Systems puts loyalty above competence and quality of job performance. If you are a person who needs someone in the government to do a good job, you might prefer the merit system.

* The Spoils System changes the focus of politicians from addressing issues to keeping their supporters happy. If you're a politician, what do you do when the government's revenues are dwindling. Do you increase your government workforce by 1,000 workers? Or do you find a way to restrain the size of government to fit more closely to the budget? If you're in the Spoils System, you hire more workers to reward them and because you're going to need their support in the election. If you have a system based on merit, you restrain the size of the workforce, and make sure you have the best workforce you can get.

*The Spoils System makes it easier to cross the line into illegal kickbacks and other criminal activity. Do you purchase, at government expense, what isn't needed so that your family has a lucrative contract because you have power and position? Do you think your job, connections to the Governor, or family name will protect you while you traffic ice or coerce a bribe?

*The Spoils System adds a coercive element to government employment, and stifles free and open public debate on issues of importance. What do you do if you're a political appointee and there is an issue about your department. Do you support those who protest and rally? Or do you follow the administration's line, and try to stop the protest, despite the merits and your own opinion, because keeping your job depends on your loyalty? Do you show up for a legislative oversight session or worry about what might happen if your testimony casts a shadow on your boss?

When we vote on Monday, November 23, 2009, we can take the short view of what is going to get us "the most"--which candidate has promised us a job or has "helped" us out financially. Or we can take the long view, and ask which candidate is going to use merit and not the Spoils System when he gets elected?

For me, it's a matter of degree. I see that what we presently have with the Fitial Administration is a very strong Spoils System. I'm voting against that. I'm hoping that Heinz Hofschneider will be better. He's a politician. He has, no doubt, paid back some political debts at time. But he seems to be much less inured to the Spoils Systems and much more likely to listen and consider the merits of any proposal.

I hope he gets the message, if elected, that the voters really do want change, do want honest government, do deserve a government that fosters open access to information and decision-making, public debate, and the best qualified employees in essential jobs.

If he doesn't get elected, I hope everyone is ready to live with the decline in government services and the problems that the Spoils System will continue to bring.

Angleo Endoreses Heinz for Governor.

2009-11-18T12:12:00.002+10:00

You can read the entire post at Angelo's blog:

I am voting for Heinz Hofschneider in the gubernatorial runoff election. I fully endorse his candidacy and ask that you vote for him on November 23.

While Ben Fitial has been a supporter of Beautify CNMI, a campaign I hold very close to my heart, I cannot in good conscience vote for the man that refused to meet with concerned citizens for nearly two years concerning another very important issue, ocean conservation.

Instead of meeting with us to hear what we had to say, instead of engaging us to understand our intentions, instead of hearing our pleas to just listen, he ordered his administration to carry out a campaign appealing to the worst side of our local people. And this was not the only island issue in which he did this. And we were not the only targets of his vindictiveness.

My experience with Heinz Hofschneider was the reverse. He took the time to listen to us. He made a point to educate himself on the subject. He sought out experts that knew more about the subject than himself. And after careful consideration he made his decision.

Heinz is the type of man I want leading our people. I humbly ask you to support his bid as our next governor.

I like this endorsement because it gives specific facts and opinions, and I agree with the values expressed.

A Useful Discovery!

2009-11-17T17:20:00.003+10:00

Okay, in Saipan and the tropics in general not everyone wants warm or hot water, but some of us do like a hot shower.

And lots of people like to drink beer.

So now there is a way to get these people together! The beer-bottle-solar-water-heater.

It's all about re-using and recycling! Eco-friendly. What's not to love about this?

National Novel Writing Month--Region: Elsewhere::Micronesia

2009-11-16T09:02:00.003+10:00

We've now crossed the half-way mark of November and of National Novel Writing Month. In one crazy month, we novelists crank out a brand-new novel draft of at least 50,000 words. Well, that's the challenge!

This is the second year that we have had an "official" region as part of NaNoWriMo and our region is called "Elsewhere::Micronesia." It embraces all of Micronesia, so although regions are typically "municipalities" and our NaNoWriMo-designated leaders are called "Municipal Liaisons," it's quite obvious that our region is a bit, um, more spread-out!

In the past, there have been writers from the Marshall Islands and Palau, as well as Guam and Saipan. This year, we've got writers only in Guam and Saipan, but wow! We have a lot MORE writers, and we are writing a lot more words! There is a ton of story-telling going on just now.

So for a quick run-down, here's the scoreboard for those who have posted word counts (by user name or real name, and word count), as of the close of November 15, 2009. I know these writers are part of our region, because they've set Elsewhere::Micronesia as their home region, or they've put some detail in their personal profiles from which I could place them here.

Guam:
Leo Babauta: 47,044
Sea Phoenix /Shannon Giel: 32,460
Applejuicebri: 30,556
Cjcarino/ Carlo: 30,019
Lickmydisaster: 26,500
Samwriterchick: 25,111
Twerksie: 13,053
Itchy671: 5,728
Maddiemaer: 2,712
Tenshi-bozu: 1,180
T_Tell: 337
Patty-watty: 308

Saipan:
Saipanwriter/(me): 32,518
Anna Passion/Anna Rose DLG: 20,159
Josemango/Joe Race: 17,989
Lisswain/ Lis Swain: 17,231
Wheaty2008/Matt Wheat: 1,762
Roseanna/ Roseanna Sablan: 1,003

Undisclosed Location:
Aomiles: 23,339
Rice: 7,003
Ahimes: 2,084
Cl832: 001

As you can tell, we are really writing up a storm!

Three of us have "won" NaNoWriMo before--meeting the challenge of writing 50,000 words in November: Me (4 time winner), Joe Race (3 time winner) and Leo (1 time winner). I think we'll have more "winners" this year than ever before!

I am really, really happy to see so much novelling going on in "Elsewhere::Micronesia."

On the CEC

2009-11-13T20:18:00.002+10:00

It takes some courage to admit you were wrong, especially in the face of lots of publicity. The CEC is apparently willing to reconsider its decision on what is meant in our CNMI Constitution by the phrase "votes cast" and change its mind.

Where it said before that "votes cast" included all ballots, whether a vote was indicated for the legislative and popular initiatives or not, it has now concluded, according to Tina Sablan's report (and Lani Walker on KSPN news?), that the phrase "votes cast" means actual votes on the initiatives indicating a yes or no.

Thank you.

This preserves our CNMI Constitution.

I don't like the results of the election as to some of the initiatives, but what else is new?!

A Very Long Ramble on "Votes Cast" and the Initiatives

2009-11-10T19:45:00.008+10:00

I know--this is too long and rambling, but still, this is how my mind sometimes works. So fwiw:

“Votes Cast”—a question of law, not politics.

The Commonwealth Election Commission has certified results from the election held November 7, 2009. It has included in its certification 1) a call for the run-off election between two governor/lieutenant governor teams; 2) a determination that none of the legislative initiatives to amend our CNMI Constitution passed; and 3) a determination that the popular initiative to change our statutory law did not pass.

Note that the newspapers immediately reported the need for a run-off election and initially reported that the legislative and popular initiatives all passed.

However, the CEC has certified results that none of the initiatives passed. Each of these three certifications depend in part on the CEC’s assessment of the number of “votes cast.”

You can see the raw numbers on the Saipan Tribune’s website: here

The Run-Off Election

There were 13,536 votes cast for governor/lieutenant governor candidates. These candidates run in teams, pursuant to our CNMI Constitution. It's very clear no candidate got more than 50% of the vote.

P.L. 16-43, codified at 1 CMC § 6509, became law in July 2009, to effectuate the House Legislative Initiative 15-16, S.D. It provides as follows:

“...a runoff election for governor and lieutenant governor is required if no candidate receives a majority of the votes cast and counted for that office.”

This language is very clear: it speaks of votes, it describes the votes as both cast and counted, and it limits the votes to those made for “that” office (meaning the offices of governor/lieutenant governor).

What are votes? When is a vote cast? When is it counted? These are the questions that seem basic and easy to answer.

A vote is generally described as an elector’s choice in an election. It is distinguished from the “ballot” which is the means or method for making the vote known. “Ballots” can be paper with ink or pencil or punch holes or they can be mechanical or electronic signals given from voting machines—and the purpose of the “ballot” is to signify or express the “vote,” which is the choice of the voter/elector.

The United States Supreme Court discussed the difference between votes and ballots in the case of Gutierrez v. Ada, 528 U.S. 25 (2000), which arose out of an election contest in Guam. The Court took the case to resolve the different interpretation that the 9th Circuit had given to the phrase “votes cast” , reading it to include the number of ballots cast in the general election, and not just the votes in the Governor/Lieutenant Governor race; the 3rd Circuit had interpreted the phrase as it applied to the Virgin Islands elections in Todman v. Boschulte, 694 F.2d 939 (3rd Cir. 1982) as limited to votes actually cast in the race, and not to the total number of ballots.

In Gutierrez v. Ada, the U.S. Supreme Court looked at the Guam Organic Act and its language calling for a runoff between the top two gubernatorial slates if one did not get a majority of the votes cast. The U.S. Supreme Court said that:

“It would be equally odd to think that after repeatedly using “votes” or “vote” to mean an expression of choice for the gubernatorial slate, Congress suddenly used “votes cast in any election” to mean “ballots cast.”

This case was decided before we passed our CNMI Constitutional initiative and the enactment of P.L. 16-43.

It helps us understand our law, which includes not only the same phrase “votes cast” but adds the specific language “and counted for that office.” It is clear that in the CNMI, for our run-off election, our law only includes the votes cast in the governor/lieutenant governor election; that votes that are not counted –because they are over-votes or the voter is disqualified, for example—are not part of the equation in determining whether a candidate has reached the 50% mark. For those who do not select any candidate in the race, their under-vote is not added into the equation either, as not being a “vote,” or not being a “vote cast,” or not being a “vote cast and counted.” It doesn’t really matter for this law, which particular reason keeps their vote out of the exchange.

Constitutional amendment by Legislative Initiative

The Saipan Tribune election results show that
9,412 votes were counted on the House Legislative Initiative 15-3, of which 5353 were YES.

9,708 votes were counted on the House Legislative Initiative 16-11, of which 5644 were YES.

9748 votes were counted on Senate Legislative Initiative 16-11, of which 5476 were YES.

Article XVIII, section 3 of the CNMI Constitution provides the means for changing the CNMI Constitution by Legislative Initiative.

“The legislature by the affirmative vote of three-fourths of the members of each house present and voting may propose amendments to this Constitution. ..."

After the Legislature passes a proposed constitutional change, the people vote on it. Article XVIII, section 5.

“a) A proposed amendment to this Constitution shall be submitted to the voters for ratification at the next regular general election or at a special election established by law.
b) An amendment proposed by legislative initiative shall become effective if approved by a majority of the votes cast...”

This has been part of our CNMI Constitution since it was ratified in 1978, and the language pre-dates the U.S. Supreme Court decision of Gutierrez v. Ada.

These provisions use the term “votes cast” but do not have the added clarifying language of the P.L. 16-43, specifying that the votes must be countable and in the election in question.

So the analysis starts with what is a vote.

The CEC seems to be saying that our CNMI Constitution, using the phrase a “vote cast” in the context of the legislative initiative is synonymous with a ballot cast in any of the races, contests, issues of the election held.

The CEC cites no authority for its opinion. Although there are some old cases from other jurisdictions that have held similarly, those cases are based on the unique situations of those jurisdictions. They are old. And they were considered unpersuasive by the U.S. Supreme Court in the Gutierrez v. Ada case.

In a follow-up case in Guam, the Guam Supreme Court decided that over-votes were no more an expression of a vote cast than absent votes. Underwood v. Aguon, 2006 Guam 17, 2006 Guam LEXIS 18. This case also cites Bush v. Gore, 121 S. Ct. 525 (2000), where the U.S. Supreme Court considered what constituted a “vote” under federal election law.

“In certifying election results, the votes eligible for inclusion in the certification are the votes meeting the properly established legal requirements.”

The CNMI uses one ballot with all the election contests and races and issues on it. The CEC informed me prior to the election in response to a question I had posed that it is its policy to count votes on each ballot as much as possible. If a voter over-votes in one race, the CEC will not count those votes, but will read and count the remainder of the votes on the ballot in the other races. If a voter under-votes in a race, the CEC will count the under-vote and the votes in the other races/contest/issues correctly made on the ballot. If a voter does not vote at all in a race, the CEC will count the remainder of the votes in the races, contests, issues where votes are cast.

In other words, the CEC generally is counting votes, not ballots.

So a “vote” should mean a clear expression of an opinion on an issue or candidate; and to be “cast” it needs to be clear, legible, and submitted to the CEC during the election process.

It seems that legally, a ballot is not a “vote cast” but is rather just a ballot—a means for getting the vote cast and transmitting that information to the election officers.

The inclusion by the CEC of all ballots in the equation is the same as the CEC casting a “no” vote for every voter who did not indicate a choice on the ballot on the initiative.

Popular initiative to change the statutory law

9644 votes were counted on the Popular Initiative on the Open Government Act, of which 6597 were YES.

The CNMI Constitution Article IX provides a means for people to change the statutory law. Section 1 (d) reads:

“An initiative petition that proposes a general law for the Commonwealth shall become law if approved by two-thirds of the votes cast by persons qualified to vote in the Commonwealth.”

This provision looks a lot like both the run-off provision and the constitutional amendment by initiative provision, except it is worded slightly differently again. This time, the “votes cast” is modified by the phrase “by persons qualified to vote in the Commonwealth.” This phrase makes it clear that votes of those disqualified are not put in the equation for determining the 2/3rd passage. But it doesn’t answer the basic question of what are “votes cast.”

The same analysis used above applies, I think.

Votes cast must be votes submitted in the election. The phrase “votes cast” also helps us understand that it doesn’t mean votes not cast, so that votes by those who choose not to vote, but may be registered voters, are not part of the equation.

But still the question is what is a vote? The cases cited above strongly suggest that a vote is not a ballot; a vote is an expression of choice on the candidates, race, contest, issue in question. Votes must be actual votes, and not ballots.

I disagree with the CEC’s determination.

But I also think that this issue is a legal issue, not a political issue and should be decided by our courts here.