GUAM - District Court of Guam Chief Judge Frances Tydingco Gatewood has issued an order in the Government of Guam's request to place the brakes on the Ordot consent decree case.
As we reported the Governor's Office filed a motion to stay on Friday the 13th, requesting the judge place the brakes on the Ordot Consent Decree case. The basis of their motion: allegations the Attorney General's office is not working in the best interest of the people of Guam and as a result the government has no voice in the case.
The Governor's Office argues papers filed with the court reveal the AG has not been representing GovGuam since April 2011 and instead represents the Guam Solid Waste Authority which by court order is under control of the federal receiver.
Govguam is urging expedited action with the court before the federal receiver executes a contract for the closure of the Ordot Dump anticipated by the end of the this month.
Lt. Governor ray tenorio explained, "The receiver has essentially not disclosed to the Government of Guam what the taxpayers and the ratepayers of Guam are going to be paying as a consequence of the contracts that they're trying to negotiate. Look this is the people of Guam's responsibility and we're seeing it through but, we just don't think there should be a wall placed in between the procurement of these services and those who are responsible for paying for it. We have the issue of legal representation in to the AG's counselors are taking instruction from the receiver and we don't have a lawyer representing the people in the interest of the people of Guam."
According to papers filed with the court today, the Guam Office of Public Accountability in 2012 estimated that the contracts to close the Ordot Dump could cost around 41 million dollars. But the federal receiver in May 2013 indicated that those contracts could be significantly higher.
The lt governor argues there must be transparency, "We're not saying we don't want to do this thing we just want to make sure we're doing it at the easiest possible way on the people who are going to pay for it and we're saying that we may have to pay more although the government was hoping to have opposition papers, responses and a decision rendered by September 25th."
The chief judge today ordered the AG to file a response to the motion to stay by September 27th with the United States to issue a response no later than October 4th, the Governor's Office to issue a reply brief by October 11th -- And from there she will determine whether a hearing is necessary and if so will schedule one accordingly based on current demands of its criminal trial calendar.