Former senator Bob Klitzkie is expressing frustration over Freedom of Information Act requests, alleging the Port Authority management broke the law when they didn’t handover certain documents he requested. The documents, in this case, involve the fees paid out in the case against recently acquitted and reinstated Port Police officer Frank San Nicolas.

The agency's general manager, Rory Respicio, also a former senator, told his board about the issue. The talk had at least one board member asking if what Klitzkie is doing is harassment.

"I will file Sunshine Law requests with any government agency when something comes up on the horizon that just doesn’t look right and I want to see the papers," Klitzkie asserted. "He’s a former judge and a former lawmaker and an attorney," Respicio retorted, "and for him to come out and say we are in violation of FOIA is disconcerting."

Klitzkie – now a talkshow radio host – has been going after certain documents at the Port Authority of Guam. Specifically, he wants to look at the details of the attorney's fees owed following the dismissal of the case against San Nicolas.

"Why is it that they don’t want to come up with these documents? The real answer is this: I asked for papers showing that the Port Authority owed $40,000 in attorney’s fees. Rory sent a check showing that they had paid $40,000. Not what I asked for," said Klitzkie.

During the last port board meeting, GM Respicio discussed the issue with board members. He said, "As you know, the Freedom of Information Act does not allow or require us to produce documents that don’t exist. Mr. Klitzkie has a tendency of emailing everybody and saying, ‘General Manager, you are in violation of the FOIA', and it’s very disconcerting."

Kliztkie said, "If you don’t have the documents, then you say I don’t have the documents. You don’t send something else and hope that it will work. So he was in violation of the law."

Respicio saying his legal counsel is handling the matter, saying, "Basically, telling him to cease and desist. He’s not the one who gets to decide who is compliant and who is not."

Port board member Conchita Taitano questioned what action could be taken, saying, "If it is not going to stop then is there recourse the Port can take if it is proven that this is harassment? The government can’t continue to waste its resources on comments that are untrue."

"I’ve always told Senator Klitzkie - take me to court," said Respicio. "If you think I am not complying with FOIA then take me to court. Let the judge say that I am not complying but he doesn’t get to say that I am not complying and use it for his own political agenda."

"Using the Sunshine Law to get records is not harassing anyone," said Klitzkie. "Perhaps Conchinta Taitano doesn’t like it. Perhaps Rory Respicio doesn’t like it. But that’s a long way from harassment."

Klitzkie isn't letting the issue go just yet. He’s already written up another letter to Respicio alleging there was a violation.