COMMITTEE ON ECONOMIC DEVELOPMENT, HEALTH & HUMAN SERVICES, AND JUDICIARY I Min a' Trenta na Liheslaturan Guahan • 30th Guam Legislature 238 Archbishop F.C. Flores St., DNA Bldg., Suite 701A, Hagatfia, Guam 96910 Tel: (671) 969-1495/6 • Fax: (671) 969-1497 • Email: [email protected] October 23, 2009 FRANK B. AGUON, JR. SENATOR, CHAIRMAN Honorable Judith T. Won Pat Speaker ADOLPHO B. PALACIOS, SR. I Mina'Trenta na Liheslaturan GmThan SENATOR, VICE CHAIRMAN 155 Hesler Place Hagatfia, Guam 9691 0 V1 JUDITH T. WON PAT N SPEAKER VIA: The Honorable Rory J. Respi~io /(~ ­ EX-OFFICIO MEMBER Chairperson, Committee on Ruy - BENJAMIN J.F. CRUZ RE: Committee Report- Bill No. 30-181 (COR) VICE SPEAKER TINA ROSE MUNA BARNES Dear Speaker Won Pat: LEGISLATfVE SECRETARY The Committee on Economic Development, Health & Human Services, and THOMAS C. ADA Judiciary, to which was referred BILL NO. 30-181 (COR) - "AN ACT TO SENATOR AMEND SECTION 3106.1 OF CHAPTER 3, DIVISION 1, TITLE 7, GUAM JUDITH P. GUTHERTZ CODE ANNOTATED, RELATIVE TO JUDICIARY OF GUAM JUDGES SENATOR AND JUSTICES ANNUAL COMPENSATION ADJUSTMENT.", hereby reports out with the recommendation TO PASS RORY J. RESPICIO SENATOR Committee votes are as follows: FRANK F. BLAS, JR. 4 TO PASS SENATOR 0 NOT TO PASS TELOTAITAGUE 0 ABSTAIN SENATOR 3 TO REPORT OUT ONLY RAY TENORIO SENATOR 0 TO PLACE IN INACTIVE FILE / 'JR. I MINA'TRENTA NA LIHESLATURAN GuAHAN (30TH GUAM LEGISLATURE) COMMITTEE ON ECONOMIC DEVELOPMENT, HEALTH AND HUMAN SERVICES, AND JUDICIARY SENATOR FRANK B. AGUON, JR. Chairman COMMITTEE REPORT BILL NO. 181 (COR) as introduced by Senator Frank B. Aguon, Jr. And amended by the Committee on Economic Development, Health & Human Services, and Juciciary AN ACT TO AMEND SECTION 3106.1 OF CHAPTER 3, DIVISION 1, TITLE 7, GUAM CODE ANNOTATED, RELATIVE TO JUDICIARY OF GUAM JUDGES AND JUSTICES ANNUAL COMPENSATION ADJUSTMENT. COMMITTEE ON ECONOMIC DEVELOPMENT, HEALTH AND HUMAN SERVICES, AND JUDICIARY IMina' Trenta na Liheslaturan Guiihan • 30th Guam Legislature 238 Archbishop F.C. Flores St., DNA Bldg., Suite 701A, Hagatiia, Guam 96910 Tel: (671) 969-1495/6 • Fax: (671) 969-1497 • Email: [email protected] FRANK B. AGUON, JR. SENATOR, CHAIRMAN October 20, 2009 ADOLPHO B. PALACIOS, SR. SENATOR, VICE CHAIRMAN MEMORANDUM TO: Committee Members JUDITH T. WON PAT SPEAKER EX-OFFICIO MEMBER FROM: Chairman BENJAMIN J.F. CRUZ SUBJECT: Committee Report VICE SPEAKER Bill No. 30-181 (COR), as amended by the Committee on TINA ROSE MUNA BARNES Economic Development, Health & Human Services, and Judiciary LEGIS LA TlVE SECRETARY THOMAS C. ADA SENATOR Transmitted herewith for your information and action is the Committee Report on BILL NO. 30-181 (COR), as amended by the Committee on JUDITH P. GUTHERTZ Economic Development, Health & Human Services, and Judiciary. SENATOR RORY J. RESPICIO Please take the appropriate action on the voting sheet. Your attention SENATOR and cooperation on this matter is greatly appreciated. If you have any questions regarding the report or accompanying FRANK F. BLAS, JR. SENATOR documents, please feel free to call my office. TELO T AIT AGUE SENATOR RAY TENORIO SENATOR COMMITTEE ON ECONOMIC DEVELOPMENT, HEALTH AND HUMAN SERVICES, AND JUDICIARY IMina' Trenta na Liheslaturan Guiihan • 30th Guam Legislature 238 Archbishop F.C. Flores St., DNA Bldg., Suite 701A, Hagatfia, Guam 96910 Tel: (671) 969-1495/6 • Fax: (671) 969-1497 • Email: [email protected] COMMITTEE VOTING SHEET BILL NO. 181 (COR), As amended by the Committee on Economic Development, Health & Human Services, and Judiciary. AN ACT TO AMEND SECTION 3106.1 OF CHAPTER 3, DIVISION 1, TITLE 7, GUAM CODE ANNOTATED, RELATIVE TO JUDICIARY OF GUAM JUDGES AND JUSTICES ANNUAL COMPENSATION ADJUSTMENT. REPORT PLACE IN TO SIGNATURE OUT ABSTAIN INACTIVE PASS . ONLY FILE FRANK B. AGUON, Chainnan l c) ADOLPHO B. PALACIOS, SR. Vice Chairman BENJAMIN J.F. CRUZ ViceS eaker TINA ROSE MuNA BARNES Le ·slative Secret FRANK F. BLAS JR. TELO TAITAGUE RAY TENORIO I. OVERVIEW The Committee on Economic Development, Health and Human Services, and Judiciary held a public hearing on Thursday, October 01, 2009, 09:00 am, at I Liheslaturan Guahan 's Public Hearing Room on BILL NO. 30-181 (COR), AN ACT TO AMEND SECTION 3106.1 OF CHAPTER 3, DIVISION 1, TITLE 7 GUAM CODE ANNOTATED, RELATIVE TO JUDICIARY OF GUAM ruDGES AND ruSTICES. Notices of the public hearings were disseminated to all local media via fax and publication, and are attached herein, meeting the requirements of the Open Government Law. Committee Members and Senators present: Senator Frank B. Aguon, Jr., Chairman Senator Adolpho B. Palacios, Sr., Vice Chairman Senator Thomas C. Ada Senator Vicente "Ben" Pangelinan Senator Matt Rector Senator Telo Taitague Senator Edward J.B. Calvo II. SUMMARY OF TESTIMONY •!• Chief Justice, Judiciary of Guam, Robert J. Torres testified IN SUPPORT of Bill No. 30-181(COR). Stated that Justice Carbullido would be making the main presentation, and talk about the history of the Judiciary Efficiency Act and its nexus with Bill No. 30-181 today. Justice Torres stated he was there to lend support for the judicial salary adjustment, which would allow the Justices to make good on their commitment to evaluate the trial judges based upon their performance and compliance with the time standards that have been promulgated by the Supreme Court. He further stated that the budgetary amount involved is not significant, approximately $34,000 dollars, and that the Judiciary's not asking for additional funding to cover this amount, which would be absorbed within the context of the judiciary budget. The Judicial Council would have addressed the salary adjustment increase, as allowed by current law, back in April so as to have it approved prior to the May 1st deadline, as prescribed by law, with the submission of the annual budget request to the Legislature. However, at that time, the Judiciary was in the midst of a fiscal crises having only received less than 60% of their monthly budgetary allotment. In light of that, and the possible reduction in workforce hours, the matter was put off until such time as the Judiciary's fiscal situation was resolved. The Judiciary's fiscal situation has since been resolved, and Bill No. 30-181 would provide the flexibility to address the matter now. •!• Associate Justice F. Phillip Carbullido submitted written testimony IN SUPPORT of the passage of Bill No. 30-181(COR). Additionally provided oral testimony, which he stated was a short summary of the written submission. The written testimony is attached to this report. III. COMMENTS AND DISCUSSION Chairman Frank B. Aguon, Jr., began the discussion by clarifying that Bill No. 30-181 does not establish a new statute or provision of law. Rather, it simply provides the Judicial Council the flexibility to resolve the outstanding FY2009 and FY20 10 salary adjustment issues for the trial judges. Chief Justice Torres concurred. Senator Matt Rector stated he supports a 4% increase, and inquired as to when was the last time the clerks in the courts received a raise. Justice Torres responded that court employees receive an increment every year. Dan Tydingco, Judiciary Policy Director, further clarified that the employees are evaluated annually, and that dependent upon their time in service they would receive an increase based upon a graduated percentage. Justice Torres stated: that due to the fiscal crises they were unable to address the trial judges increments, which are addressed under a different pay structure than court employees. The fiscal crises has been resolved, and Bill 181 would allow them the flexibility to address the trial judges Senator Rector: What about the language in the bill which changes shall to should include the increase amount in the budget? Justice Torres: There is a statutory requirement to submit the budget by May 1st. This would give us more flexibility in the 5 event a decision was not reached by May 1 \ due to circumstances. Senator Edward J.B. Calvo asked if this salary adjustment process included court referees and magistrates. Justice Torres responded: no, that it only addresses the six trial judges. The magistrates are tied into a different pay structure. Page 2 of4 Public Hearing Bill No. 30-181 Senator Thomas C. Ada How many judges? Justice Torres: six. What's the annual impact? Justice Torres: It's about $34, 000 dollars. Senator Ada: I understand the question Sen. Rector was talking about; should versus shall. Do you have reservations with language that subsequent to the next fiscal year it shall be included? Justice Torres: That's fine. It's just that the circumstances that happened before May of this year may come again before the Judicial Council. It's important that we have the flexibility, should, due to similar circumstances we again find ourselves in the same situation. In May we weren't in a position to vote for it. During the summer when we again started to get our allotments, circumstances changed. We need to have the flexibility at least to the close of the fiscal year. Chairman Aguon: If a new judge is brought in, would that judge have to go back and revert to the original salary structure, and then incremental adjustments would be provided, or are you looking at continuous adjustments being made and just slotting that individual into the existing pay structure? Justice Torres: It applies to all the judges, both current and future. Associate Justice F. Phillip Carbullido presented a synopsis of his written presentation. Chairman Aguon: As I previously stated, and I appreciate you reiterated, this is not new legislation, but rather, simply an adjustment of something that was previously adopted into law. Senator Vicente C. Pangelinan: Why are you excluding the Presiding Judge? Justice Torres: The Presiding Judge's salary is higher than the others, and at that time when the legislation initially went through there was not an effort nor support to include the position.