Adelup officials violate Mini-Hatch Act

FRIDAY, 16 SEPTEMBER 2011 08:25 BY THERESE HART | VARIETY NEWS STAFF

AN EMAIL sent by Governor Eddie Baza Calvo’s Chief of Staff Franklin Arriola and Special Assistant Jadeen Tuncap on Sept. 14 urging political appointees of the governor and Cabinet members to attend Republican Senator Chris Duenas’ lunch fundraiser and a Guam War Survivors Memorial Foundation fundraiser sponsored by Senator Frank Blas Jr., yesterday, is in violation of the Mini-Hatch Act.

The message was sent by Arriola and Tuncap using their government of Guam email account, and was sent to GovGuam email accounts of Cabinet members and Executive appointees.

The email message read: “Cabinet Members and Senior Staff: Senator (Frank) Blas and Senator (Chris) Duenas were staunch supporters of Governor Calvo’s budget and bond proposals. They were intimately involved and engaged with Governor Calvo throughout this difficult, but hugely successful, endeavor. It is imperative that all of us reciprocate the support, Governor Calvo, Lt. Governor Tenorio and I look forward to seeing all of you at these two fine events. Frank.”
Arriola spoke to Variety and said he was very apologetic and it was a mistake.

“As far as the issue at hand, I wanted to make a comment on that. I’m a good guy. When I did this, it did not dawn on me at all. As I looked and I thought about it, I made a mistake, no question about it. For the public, I apologize. I’m sorry. The people of Guam deserve the truth. I made a mistake and if I offended anyone, I’m sorry.”

Troy Torres, the governor’s director of communications, said: “After looking at the law, it appears this is a Mini-Hatch violation and it’s something that was an honest mistake Frank made. Frank thought that because he was sending this only to political appointees and Cabinet members, that he was following the Mini-Hatch Act.”

Torres added: “He used his personal computer to send this out, he didn’t realize that sending it from his email account that he used was in violation of the Mini-Hatch Act. He is very apologetic for that.”

The law

Under 4 Guam Code Annotated, Chapter 5, prohibited activity, specific activity in which employees are prohibited from participating include, but are not limited to: organizing, selling tickets to, seeking support for or actively participating in a fund-raising activity of a political party, partisan political organization or candidate.

Another section of the law states it is illegal for employees to use government supplies or government facilities for the benefit of any political party, partisan political organization or candidate, and this includes the government of Guam’s email system.

The law further reads that whether a GovGuam employee or not, no person can solicit or receive a contribution or distribute literature for any political purpose in any room or building occupied in the discharge of official duties by any person employed by the Executive, Legislative or Judicial Branches of the government. Soliciting a contribution includes solicitation by letter or circular address to and delivered to an employee in said room or building. Any person who violates this section is guilty of a misdemeanor.

Anyone who believes an employee has violated the Mini-Hatch Act should report the matter to the Civil Service Commission, who will decide whether the alleged violation warrants an investigation.

Feds return excess land

THURSDAY, 03 MARCH 2011 04:53 BY THERESE HART | VARIETY NEWS STAFF

The federal government yesterday returned 450 acres of land in South Finegayan to the government of Guam

Governor Eddie Calvo prepares to sign the proclamation returning 450 acres of excess federal property back to the Government of Guam. Photo courtesy of Delegate Bordallo’s office.

This comes 17 years after the passage of H.R. 2144 introduced by former Congressman Robert Underwood and signed into Public Law 103-339 by President Bill Clinton on Oct. 6, 1994, known as the Guam Excess Lands Act.

The turnover, held yesterday in Washington D.C., included the ancient Chamorro village of Hila’an.

Assistant Secretary of the Navy Roger Natsuhara and General Services Administration Chief of Staff Michael Robertson presented Governor Eddie Baza Calvo with the deed to 450 acres in the South Finegayan property.

The land constitutes the remaining available properties identified in the public law. The General Services Administration is the repository of federally held lands.

Congresswoman Madeleine Z. Bordallo, Governor Eddie Baza Calvo, Senators Rory Respicio, Judi Guthertz and Frank Blas Jr. were on hand to witness the historic event.

Governor Calvo signed the Memorandum of Agreement with GSA, returning the land to the government of Guam. The signing occurred shortly before the start of the Interagency Group on Insular Areas meeting at the U.S. Department of the Interior.

Victory

“Team Guam sent a victory home today. This is a step forward in the right direction. It also demonstrates the federal government’s commitment to honor longstanding and important agreements with Guamanians. Our negotiations will continue until the promise of the shrinking of the federal footprint on Guam is met. The federal government recognizes that Team Guam is speaking with one voice. We know what we want and we have the courage to fight for our future. Our people fought for decades for this,” said Calvo.

Crown lands

Joey Leon Guerrero from the Guam Ancestral Lands Commission said yesterday that the returned lands consist of Spanish Crown Lands and lands owned by original landowners. The Commission will be the guardian of the property.

Leon Guerrero said some of the lands could be used for commercial development and some could be returned to the original landowners, depending on the policy of the current administration and the Guam Legislature.

Congresswoman Bordallo clarified that the 450 acres are not part of the Navy’s commitment to have a net negative footprint on Guam as part of the military build-up. She said this is just a transmittal of the remaining available property identified in Public Law 103-339, the Guam Excess Lands Act, to the government of Guam.

Calvo and Bordallo recognized Assistant Secretary Tony Babauta for his leadership in ensuring that the requirements of the Guam Excess Lands Act were fulfilled.

Assistant Secretary Babauta has been working with Congresswoman Bordallo in Washington, D.C. to finalize the terms of the land return.

“Today’s ceremony, which returned 450 acres of excess federal property to the people of Guam, was a meaningful and symbolic act resulting from years of hard work. Beginning with former Congressman Robert Underwood and later shepherded by Congresswoman Madeleine Bordallo, the process of implementing the commitments made by the Guam Excess Lands Act, to return former Navy and Air Force property at no cost to Guam, has now been completed by the Obama Administration,” said Babauta.

In a joint statement the Guam senators said in 2006, the property was appraised at $14 million, “so clearly the return of these lands are significant.”

Today, during additional meetings with the Department of Defense, the senators will present Resolution No. 30-31 (LS), which further outlines Guam’s concerns and presents a solution for addressing these issues. The senators and the governor are in Washington D.C. to meet with the Interagency Group on Insular Areas (IGIA) regarding the Guam Military Buildup

Pay hikes suspended

THURSDAY, 13 JANUARY 2011 03:08 BY THERESE HART | VARIETY NEWS STAFF

* Calvo warns of GovGuam shutdown

Governor Eddie Calvo addressed the people of Guam last night, announcing that because of the government of Guam’s critical cash position, the salary adjustments called for by the Hay Study have been suspended.

The governor said that necessary steps had to be taken immediately because the government, within the next nine months, will run out of cash. This will cause a government-wide shutdown and payless paydays.

“My fellow Guamanians, I don’t have very good news about your government tonight. I’ve made some decisions so that the public schools can stay open this year, the hospital can have medicine, and so that those most in need do not have to suffer more than they already are,” Calvo said.

“…As of today, the Hay Study is suspended. I cannot speak to the reasons our predecessors decided to implement the Hay plan based on the financial information we have before us today. All I know is that it was an empty promise, the government can’t afford it, and now our hard-working government employees will have to shoulder the burden of that empty promise,” said the governor.

Calvo promised that he will restore the Hay Study “as soon as we can afford it.”

The Hay Study was enacted into law in the 30th Guam Legislature and $13.3 million was appropriated to cover over 5,000 classified employees. The Unified Pay Structure for government employees has not been increased since 1991. The study evaluated the job classification, job evaluation and compensation of 9,500 GovGuam employees and recommended to the government that salaries needed to be updated.

Calvo said the suspension of the Hay Study is not the only cost-cutting measure he will be implementing. The Governor’s Office reduced personnel costs by 20 percent and has consolidated positions, he said.

“We’re also reducing costs in every other way we can: paper reduction, printing, postage, power and water,” he said.

Governor Calvo said his administration is exploring innovative ideas in containing the government’s spending which also includes “the health insurance liability.”

“We expect further containment of spending through innovative ideas. This includes the health insurance liability. We are looking at ways to reduce the cost of health insurance. There are legal issues we must address first… we need to determine whether, legally, this can be affected,” said the governor.

Governor Calvo issued cost-containment directives to all government departments.

“We are directing all agencies to reduce the cost of electricity by at least 10 percent. Paper reduction through greater use of digital communication, double-sided printing and recycling will be mandatory. We will authorize audits of fuel expenses and the use of 24-hour vehicles. We will be investigating the consolidation of office space to save on rentals.”

Calvo said he and Lt. Governor Ray Tenorio will lead by example. He announced that his staff “will adopt a public school to clean regularly to reduce the budget burden on public schools and the mayors.”

For his part, Lt. Governor Tenorio will be leading volunteer service projects.

“His Comps for Kids program will bring computers to classrooms. He is calling on the private sector to join his Beautification Task Force to alleviate funding strains on Public Works, Parks and Recreation and the mayors,” said Calvo.

Calvo said that if the cash gap is not closed, “those in need will suffer the most. It will negatively affect Mental Health, COLA, the hospital, and non-profit organizations like Catholic Social Services and Sanctuary. This is money to feed the homeless, shelter abused children, help victims of domestic violence, assist the elderly pay for their medication, and to aid families struggling with disabilities. We can’t leave these people behind. We can’t turn a blind eye and watch them suffer as the money runs out. And we also can’t keep holding your tax refunds.”

Calvo appealed to all government of Guam employees to understand why he had to suspend the Hay Study.

“I’m asking you to understand why this must be done. We need to make sure that our neighbors and friends most in need of help do not suffer the most. I will restore the Hay Study as soon as we can afford it. I know that with the other cost containment and restructuring initiatives we will undertake, we can get this government on track.”

“We had to act today, because I refuse to shut down the government or to have a mass layoff of teachers, police officers, doctors and other professionals of the government,” he said.

Extension may be sought for buildup agreement

BY OYAOL NGIRAIRIKL • PACIFIC DAILY NEWS • JANUARY 11, 2011

Local officials may seek an extension to get necessary signatures on the programmatic agreement to help ensure Guam has a voice in the military buildup.

Pete Calvo, Department of Parks and Recreation director, said federal officials made clear the programmatic agreement doesn't require Guam to sign off on it.

"If we do sign the agreement, however, it'll allow us to participate in discussions related to the buildup and its impact on our environment and our cultural and historical sites," he said.

The option of an extension was considered after local officials received a Dec. 30, 2010 letter from Department of Navy giving local officials a Jan. 14 deadline to sign the agreement.

To be valid, the island's programmatic agreement must be signed by the military, the advisory council and the Guam State Program Office.

An agreement hasn't been signed for buildup projects yet because the local Department of Agriculture, which oversees the State Historic Program Office, has been reluctant to do so.

Local historians and cultural groups were up in arms because the Department of Defense wants to use a portion of Pågat as a shooting range. The area is near a historic Chamorro village and a popular area for hikers.

Caroline Hall, a representative of the federal Advisory Council on Historic Preservation, has said the military buildup can move forward whether or not the agreement for a historic preservation process on buildup projects is signed, according to Pacific Daily News files.

The agreement could help streamline the historic preservation process on buildup projects and require the military to fund mitigation projects, such as construction of a cultural center. If the document isn't signed, the military would no longer be required to make the same mitigation offers.