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House Journal FIRST REGULAR SESSION, 2006

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House Journal FIRST REGULAR SESSION, 2006 HOUSE OF REPRESENTATIVES • FIFTEENTH LEGISLATURE • COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS House Journal FIRST REGULAR SESSION, 2006 First Day, Organizational Session January 9, 2006 Mistress of Ceremony: Good morning Ladies and Gentlemen, our ceremony will begin momentarily. May I ask that you please take you seat. Thank you. Welcome to the Inaugural ceremony for the House of Representatives of the Fifteenth Northern Marianas Commonwealth Legislature and I am honored to serve as your Mistress of Ceremony for this auspicious occasion. My name is Rika Matsumoto. Ladies and Gentlemen, before we assemble ourselves for the installation of this new Legislature, I am privileged to introduce to you the staff-designates who will be assisting in this organizational session: serving as House Clerk is Ms. Evelyn C. Fleming; Assistant House and Journal Clerk is Ms. Victoria T. Guerrero; as House Sergeant-at-Arms are Messrs. Simeon Lisua and Troy Taisakan; and sitting as House Legal Counsels, we have Mr. Jose A. Bermudes and Ms. Antonette R. Villagomez. At this time, I am privileged to introduce the Honorable Robert C. Naraja, Presiding Judge of the Commonwealth’s Superior Court who will administer the Oath of Office to the members-elect of the House of Representatives. Reverend Fr. Isaac M. Ayuyu of the Diocese of Chalan Kanoa will lead us for the Invocation and Pastor Scott Norman of the Calvary Christian Assembly for the Benediction. Ladies and Gentlemen, it is with great honor that I present to you the members-elect of the House of Representatives for the Fifteenth Northern Marianas Commonwealth Legislature by election districts: Representing Election Precinct I (Saipan): Representative-elect Martin Borja Ada; Representative-elect Florencio T. Deleon Guerrero; Representative-elect Joseph Pinaula Deleon Guerrero; Representative-elect Jacinta Matagolai Kaipat; Representative-elect Benjamin Benavente Seman; and Representative-elect Manuel Agulto Tenorio. Representing Election Precinct II (Saipan): Representative-elect Jesus San Nicolas Lizama. Representing Election Precinct III (Saipan & Northern Islands): Representative-elect Francisco Santos Dela Cruz; Representative-elect Arnold Indalecio Palacios; Representative-elect Ramon Angailen Tebuteb; Representative-elect Stanley McGinnis Tudela Torres; Representative-elect Absalon V. Waki, Jr.; and Representative-elect Ray Anthony Naraja Yumul. Representing Election Precinct IV (Saipan): Representative-elect Justo Songao Quitugua; and, Representative-elect Candido Babauta Taman. Representing Election Precinct V (Tinian & Aguiguan): Representative-elect Edwin Palacios Aldan. Representing Election Precinct VI (Rota): Representative-elect Crispin Mangloña Ogo. And last but not the least, representing Election Precinct No. II (Saipan) and acting as Floor Leader Pro-Tem is Representative Oscar Manglona Babauta. Ladies and Gentlemen, it gives me great pleasure to introduce to you the Lieutenant Governor for the Commonwealth of the Northern Mariana Islands, the Honorable Timothy P. Villagomez. And now, I am very honored to call on Speaker Pro-Tem for this Organizational Session of the House of Representatives of the Fifteenth Northern Marianas Commonwealth Legislature, the Honorable Benigno Repeki Fitial, outgoing Speaker of the Fourteenth Northern Marianas Commonwealth Legislature and the newly elected Governor of the Commonwealth. Ladies and Gentlemen, please stand and at this time, I call on the Department of Public Safety Color Guards for the Presentation of Colors. -1- Organizational Session Representative-elect Torres: Madam Mistress. Excuse me for interrupting. The former Speaker of this House of the 14th Legislature is now a Governor. He was sworn in at midnight, early this morning. I think that by allowing the Governor to sit, as Pro-Tem is not in line with the Legislative function. There is interference in the House and I would like to see that the former Floor Leader Oscar Babauta be the Speaker Pro-Tem for this session. And if I may call on whoever that can interpret the function of the Governor to call this session Speaker Pro Tem. Representative-elect Tenorio: May we ask the legal counsel to help us out as to what the protocol is since the Governor-elect is already the Governor of the CNMI? This is the House of Representatives and it is a different branch. We believe that the Governor is infringing on our constitutional rights and the separation of powers as we are elected by the people and are here as their representatives. So I would like to get a clarification from the legal counsel as to where we stand on this, so that we can proceed with our business. Thank you. Legal Counsel Jose Bermudes: Basically all the statements that were made are correct. However, there is a decision made and the agreement is to make the Governor-elect who was sworn-in last night as Governor be the Speaker Pro-Tem for today until such time that the House of the 15th Legislature is organized. So I stand with that ruling that is appropriate and he should proceed as the Speaker Pro-Tem. Representative-elect Palacios: With all due respect to our Governor, and I mean that from my heart; however, this is a separate branch of the government. Whether or not the majority of the newly elected members of this house put together an agreement, the question is: is it constitutional or legal? I have do now have a problem if it is constitutional and legal. Agreements can be made, but that is the underlying question here is whether it is legal or constitutional. Mr. Legal Counsel? Legal Counsel Jose Bermudes: Representative-elect Palacios, none of you have been sworn in at this moment and my opinion stands that the Speaker Pro-Tem will be the Governor- elect as agreed by the members or majority of the members, until such time that the Inaugural Session is conducted and the next Speaker of the House takes over. Representative-elect Torres: Mr. Bermudes, the incoming Speaker, Mr. Babauta, has the number so let him rule this House into a formal organization. Munga hit na tafan a disatentuyi pago guine yangin ti ma sedi that Oscar Babauta should sit up there as the Speaker Pro Tem. It is an infringement of Legislative Branch by the Executive Branch at this moment. What is the justifiable reason that the Governor is here to organize? Legal Counsel Jose Bermudes: Representative-elect Torres, at this moment none of you have been sworn in and the 15th Legislature is not organized, so based on that reason, we need to get moving and the Speaker Pro Tem shall be the Governor at this point. Representative-elect Torres: Mr. Bermudes, kao hayi pago pumupulan i Executive Branch? Todo i dos, i Governor yan i Lieutenant Governor -- they are here and they took office at midnight, 12:01 early this morning. They abandoned the Administration, the Office of the People, so that they can come here and dictate this House. I know that I am not sworn in yet, but this will be our House and I ask the Governor to step aside and let the future Speaker of this House rule from the bench. -2- January 9, 2006 Legal Counsel Jose Bermudes: Representative-elect Torres, none of us know who is going to be the Speaker until that person is voted in. So in order to do that, we need to get moving and organize the 15th Legislature and the Speaker Pro Tem shall be the Governor. Representative-elect Torres: To avoid future confrontation in legal matters, I think that we should avoid because if the Governor is to stand up there as the Pro Tem Speaker, his organization will be invalid. Legal Counsel Jose Bermudes: Representative-elect Torres, we have not organized the 15th Legislature. If there is a Constitutional problem then so be it, but the Speaker Pro-Tem shall be the Governor. Representative-elect Torres: Where is the ethics of the separation of powers here? Mungi i integritin i separation of powers? Mungi i integritin este na guma na i gobietno ha’ talo para u fatto magi guine ya para u arekla hit guine? I mean, members, leadership, hafa, para in sedi ha’ i gobietno na para guiya u dictate hamyo? Stand up. Representative-elect Babauta: Let us have a point of order here. And just for the benefit of our distinguished visitors, families and the people of the Commonwealth, the majority have spoken, the majority have indicated their wish who to extend the Chair Pro Tem this morning. There is a written consensus amongst the majority. We, therefore, respectfully request your humble cooperation so that we may move on this morning. I sincerely appreciate your concern. However, a majority of the members have petitioned this legislative body to have the former Speaker Benigno R. Fitial be the Speaker Pro Tem and I hope that all of us understand this so that we may move on with our official inauguration and be sworn in this morning. Thank you very much. Representative-elect Tenorio: Mr. Legal Counsel, we have not received any notification. I know we are the minorities but there is no notification as to who is going to be placed at the Speaker Pro Tem, and this is a bad precedence. It shows that this House is not capable of organizing itself and it will go on history that on the 15th Legislature, it takes an elected Governor to come in and tell us how to organize. I am ashamed of that because I am pretty sure that Representative-elect Babauta is fully capable in conducting this organization so there is no need for any interference in this house. This is the House of Representatives and we are elected to represent our constituents. We have to uphold the integrity of this house as mandated by the constitution. If our action here proves to be invalid in the future, what will happen to all the elected officers? This is the question that you as the legal counsel should anticipate.
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