Over half the Legislature breaking the law

by Nick Delgado

Guam - As the Legislature's Ethics Committee launches an investigation into two separate complaints against Senator Matt Rector, KUAM News has done some investigating of our own.  And it turns out that several of your island lawmakers are in non-compliance with public law mandating they take an ethics course.

More than half of the members of the 30th Guam Legislature haven't taken an ethics course as mandated by local law; and even more interesting is that almost all of those senators sit on the ethics committee tasked with looking into whether Rector has acted unethically.

According to public law it requires that elected leaders, government directors and deputy directors, as well as government board and commission members take an "Ethics in Government" course. For elected officials they are mandated to take that course within 90 days of taking office and a refresher course once every four years.

The law was authored by Speaker Judi Won Pat while serving in the 28th Guam Legislature.  "I know that it doesn't have the teeth that a lot people would like. I think what's important - you go through this just like any other program is awareness, because we are after all leaders in the community and we should be setting high standards for everyone. So we should set those for ourselves and hopefully for others," Won Pat explained.

To comply with the law the Office of the Public Auditor in April 2006 hosted an ethics seminar, several senators, including Governor Felix Camacho and then-lieutenant governor Kaleo Moylan as well as the current Lieutenant Governor Mike Cruz attended, but since then no other ethics seminar has been held.

Asked if the local government had just forgot this portion, the speaker responded by saying, "Yes, I have to honestly say that I'm sure it's the same with the Public Auditor and the university. Of course, it would only be operating on the basis of what standards have been sent to them."

Currently several senators are in compliance with the ethics law: Speaker Won Pat, Vice-Speaker BJ Cruz, and senators Rory Respicio, Eddie Calvo, Ray Tenorio and Adolpho Palacios.  The remaining nine senators are not in compliance - Tina Muna Barnes, Judi Guthertz, Tom Ada, Rector, Ben Pangelinan, Frank Aguon Jr., Jim Espaldon, Telo Taitague and Frank Blas Jr.

Almost all those sitting on the Legislature's Ethics Committee are in non compliance with the exception of senator Palacios and Rory Respicio, who were both part of the group who took the course in April 2006.  

According to Guam Public Auditor Doris Flores Brooks, the issue of compliance has always been complex not just with getting elected and government officials to take the course.  But also getting the current and past governor's to appoint members to the Guam Ethics Commission, which was also established through this same law. While commission members have yet to be appointed, Brooks admits that the law lacks the language to hold individuals accountable, saying, "We suggested that the election commission could possibly be the one to do that. The problem with the law though is that there is a lack of enforcement, and an agency tasked with following this up."

Discussions are underway with UOG to hold an ethics course there in January, just in time for elected leaders to take their refresher course, and others to finally take one, including the Legislature's Ethics Committee, who holds the fate of Senator Rector's future in their hands.

And despite the OPA report, Senator Blas responded to our report stating that he along with several of his colleagues did in fact take the ethics course with the University of Guam.

Although the OPA was unaware of her doing so, KUAM has confirmed that Attorney General Alicia Limtiaco meanwhile is in full compliance with the law as her office confirms she and the former chief deputy of the office, Alberto Tolentino, both participated in an ethics course in August 2007 that was conducted at the University of Guam.