Incident* exposure

Governor Benigno R. Fitial's midnight massage by a federal detainee is turning into exactly the sort of public relations nightmare I expected.

Just when the local media's boilers were losing steam, CNMI Assistant Attorney General David Lochabay has moved to quash the subpoenas** to testify at the Feb. 17 evidentiary hearing. The U.S. Attorney's Office will likely oppose the motion; there may even be a pre-hearing hearing. That should stoke the fires for a few more news cycles.

And we still don't really "know" more than we did a few days after the Marianas Variety broke the story. "Sadly, it is hard to imagine how anyone connected to the incident could avoid the derision and stigma of the public after this media assault," Lochabay writes in the motion. True enough, but the brand is self-inflicted. I truly sympathize with any one experiencing severe back pain. But, really? A masseuse, charged with human smuggling?

Lochabay also suggests that the hearing is nothing more than a fishing expedition for evidence of crimes based, it seems, on Assistant U.S. Attorney Eric O'Malley's somewhat neutral response to a reporter's question that "It's way too early to say that. Even if there were, I won't tell you."

Oh, and "agents of the Federal government have already interviewed" Corrections Commissioner Dolores M. Aldan, Lochabay added.

That brings up an interesting issue, assuming that the hearing goes forward. As Lochabay points out "the Commonwealth was, and is, in a decidedly awkward position, being a prime party in interest (Indeed, the real party in interest as it was the Commonwealth's responsibility to maintain custody of Ms. Cheng)"

That wouldn't be much problem for the three Corrections officers, but there is a real possibility of a conflict-of-interest concerning the Commissioner and the Governor (To a lesser extent, based on what we "know" from media reports) if the line of questioning marches into a legal minefield.

So, my train of thought runs exactly opposite to those saying these officials shouldn't be represented by the CNMI Attorney General. In an informal hearing such as this, what's wrong with the AG handling the preliminaries until the feds have tipped their hand? If it gets sticky, it may be in some people's interest to seek their own counsel.

And the media can fire up their boilers again.

* "(This trip to the Governor's house is, hereinafter, the "incident")." -- David Lochabay's motion

** I was looking for news about this motion in the Saipan Tribune, but no luck. Fortunately, Wendy at Unheard No More is all over these court papers-- I stole her link. (The uncharitable have been trashing the Tribune for its coverage. Unfairly, I think, just because they didn't get the original story.)

Chinese take out, column B

The hearing on Gov. Benigno R. Fitial's massage by a woman accused of human trafficking has been postponed at the request of Attorney General Edward Buckingham, according to the Saipan Tribune.

Maybe that should be alleged massage; the article refers to the "alleged unauthorized release". Buckingham has his work cut out. Both Fitial and Corrections Commissioner Dolores M. Aldan told the Tribune in a statement that they knew the "unusual situation" could be a problem.

Serious enough that Aldan is quoted as saying "I made about seven calls to the number I have for Deputy Hall and about six calls to the cell phone of the attorney general." That's something like putting up a Beware of Dog sign and letting the beast roam free.

The U.S. Attorney holds all of the cards (if not the prisoners). We don't know where the feds are going with this, and it is possible they could file charges.

While the move is understandable, personally, I'm disappointed that the hearing was postponed. The information vacuum is being filled by scurrilous speculation on the street and on the internet. Almost all of the comments on the Thursday and Friday Marianas Variety stories are negative.

Newly-hired press secretary Angel Demapan is probably disappointed too. While his first days have been "really tough", media frenzies usually have a short life, depending as they do on new developments. In this case, just about the time attentions lag, the hearing will guarantee more Front Page coverage.

Still, it could be worse. National news has been dominated by the earthquake in Haiti. And, while the Associated Press story appeared in hundreds of newspapers, most of them ran a short, somewhat sanitized version like this Washington Post blurb. I couldn't find it on Reuters and only on blogs related to Saipan.

Angelo posted the KSPN video on The Saipan Blog and YouTube. There's another version on YouTube.

Detainee Massages Governor

The Marianas Variety's Human smuggling defendant is governor’s masseuse gets my vote for story of the year. It's only January, but how can you top that?

The Variety says four Corrections officers escorted a Chinese woman being held for the U.S. Marshal to and from jail so Governor Benigno R. Fitial could get a massage*. Seriously.

Nobody's talking --except the Variety source(s) -- but this has all the makings of a story with legs. I'm amazed the national media haven't picked it up yet.

They will, though this probably isn't the best way to put the CNMI on the map.

Words fail me. Well, almost. It's absolutely amazing that an administration fighting to control alien labor would do this with a human smuggling defendant in federal custody. Who came up with this idea? I don't know, but there are going to be consequences.

Read the story; 'fair use' means I shouldn't quote the whole thing. I'll just wait to hear more from the Attorney General and the feds.

Off massage

Meanwhile, some wag said it was 'work release' program.

Groan. But then, I had to keep up: "I wonder if she was wearing one of those orange jumpsuits?"

Back at me: 'Maybe they thought it was part of the federal stimulus package.'

I gave up before it got out of control.

* For those of you with dirty minds, the Variety carefully notes: "In 2006, Fitial underwent a series of operations to treat his spinal stenosis, a medical condition in which the spinal canal narrows and compresses the spinal cord and nerves." Still, the island is awash in massage parlors; some of them are even legitimate.

BE attitudes

Gov. Benigno R. Fitial and Lt. Gov. Eloy S. Inos deserve a little celebration: it's been a rough four years.

Monday's inauguration caps a first term that was all tunnel, with not much light at its end. But the problems can wait another day or two; it's bad form to squabble when there are guests in the house.

In a classy move, the Governor took the first drive towards rapprochement by going to the house of erstwhile opponent Rep. Heinz S. Hofschneider, meeting with him and House Speaker Arnold I. Palacios, according to the Saipan Tribune. Hofschneider and Palacios returned the gesture by going to Fitial's residence. The rest was nuance.

"We want the feds to know we are working together," Fitial is said to have said. "It's time to get over this," (the election) Hofschneider told the Tribune in a separate interview.

"The political season is over. This is a time for partnership for the people of the CNMI," Inos said. "We wish nothing but success for the Fitial administration as they face the challenges of the Commonwealth," Palacios said.

The Tribune was so impressed by Inos' 'partnership' idea that they attributed it to all four men in the main story's lead sentence.

On the other hand, the Marianas Variety chose not to publicize inauguration events, except for a nod to Palauan President Johnson Toribiong on page six. Maybe that's some form of of the saw 'if you can't say anything good, don't say anything at all'.

Unless it's in the editorial, though even there the ongoing soap opera at Northern Marianas College took top billing. There's more than a touch of irony in editorials headlined 'A house divided' that sound like the election never took place.

Fitial's Administration is chided for fanfare the CNMI can't afford, but warned about relying on "contributions" (the quotation marks were not added) from the private sector. In Friday's Tribune, Inauguration Committee co-chair Teresa Kim was quoted saying "No government funds have been expended."

On a very basic level, what's the difference between campaign contributions and contributions to inauguration events?

In any case, here's the gubernatorial inaugural schedule. Questions about separation of church and state make Red Masses controversial in some jurisdictions, not so much in the Commonwealth.

The RSVP black-tie VIP Ball at the Saipan World Resort and suit-and-tie People's Ball at Fiesta Resort should help keep the fanfare-- and expenses -- down.

Apocalypse Not

I've read some dire predictions about what the Commonwealth faces now that it appears Gov. Benigno R. Fitial will be re-elected. Nothing new, of course, equally dire predictions were made before the runoff about the future under him and under Rep. Heinz S. Hofschneider, the challenger. Two sides, and support hardens to partisanship in the clinches.

I'm a fatalist myself. The government's profligate ways combined with the economy's retrenchment to form not the perfect storm, but the perfect doldrums. I had a definite preference, but there won't be much room to maneuver for either man.

The Pacific Daily News paints a pretty accurate picture in their election story. With a liability of 'close to $500 million' (David Sablan) or 'probably upwards of $1 billion' (Sam McPhetres), the government will likely be reacting to events rather than controlling them.

Any solutions will be complicated, as usual, by the fact that Rota and Tinian use their control of the Senate to say 'me too' and 'me three' whenever appropriations come around. (Another reason a union with Guam is highly unlikely in the foreseeable future. They would never consent to having a Senate with veto power over their larger population, while Rota and Tinian would never give that up.)

Somehow, though the problems will be solved, or at least dealt with, simply because there is no other choice. There will be a lot of pain and suffering. The finger-pointing and second-guessing is likely to continue. More crisis management with the bottom signaled not with a bang but a whimper.

Some of Governor Fitial's detractors have said, or implied, that 'the feds' had a preference in this election, and it wasn't him. The Governor has done nothing to discourage that view. Personally, I view the federal government as a huge, amorphous caterpillar that doesn't have the motor skills to get all of its feet moving in the same direction.

Yes, the Department of Interior didn't announce the release of Compact Impact funds until after the runoff. The progress report on CUC's compliance with its stipulated order came out just before the election. But, at the same time, the Department of Homeland Security's postponement of immigration control until a week after the election seems almost calculated to help the incumbent.

People fear change, and boy, is federal immigration control a big one. Hofschneider and Speaker Arnold I. Palacios meant change from the current policies with their campaign slogan, but it got confounded with 'change to federal control'. In times of crisis it's 'don't change horses in midstream', 'stay the course', 'rally around the flag' or 'let it BE'. (Maybe it's just me, but 'let us finish the job' sounds a bit too ominous.)

My cynical side suspects that the thinking behind the lawsuit attempting to stop federalization was 'even if it doesn't work, it's great for the campaign.' I suppress that side, but it pops up again and suggests that the Marine Monument might have gotten a better reception if it hadn't been proposed with immigration control pending. Outsiders, pushing federalization and taking away local control all dovetail too neatly with the immigration narrative.

McPhetres brings up an interesting point in the PDN article: most of his students get a "warm and fuzzy feeling" from Fitial. I hadn't thought of that, and it's undoubtedly true, though I doubt he'll be pushing Saipanda dolls off of the Duty Free shelves.

I once told Bob Grimac, a former editor of the Marianas Variety that he would probably never understand CNMI politics if he didn't have some familiarity with big-city machine politics. Analogies are never exact, but that one has been pretty useful to me over the years.

The ward heelers were out in force in the gap between the general election and the runoff; you saw many of the free-lancers choosing up sides with their endorsements. Two things: 1) that's meant as an observation, not a judgment and, 2) I'm not saying the term applies to all of the people endorsing one camp or the other.

If you think I'm going to tell you which is which, well, that's tough. Do your own homework.

I've been amused and sometimes irritated by the spokespeople, politicians and columnists who throw out references to 'bloggers' instead of responding to a specific person. It's intellectually dishonest. A straw man: they win by default because you don't know who they're arguing with. *

I agree with some bloggers ten percent of the time and others 90 percent. Only one meets my exacting standards and is 99 percent correct. That's me. I resent being lumped into somebody's spew against bloggers in general.

For instance, here's David North reacting to the latest election. Another hollow man, but not me.

* Yes, I'm doing the same thing. Aren't you clever to catch it?

Jay Solly says no second poll

Jay Solly of Marianas Consulting took exception to my piece Eve of distraction. In the interest of fairness, here is the complete text of his latest Press Release. (I removed the email address, simply because I didn't want to subject him to the spam he would get if it was published on the internet.)

FOR IMMEDIATE RELEASE CONTACT: JAY SOLLY
November 19, 2009

Second Poll ‘Unnecessary’ In Light of CNMI’s Chilling Political Climate

Saipan—Upon inquiries from media outlets, Marianas Consulting announced today that no additional polling would be conducted in the CNMI leading up to the historic November 23rd gubernatorial run-off elections. The company made this decision in light of the CNMI Governor’s Office and the Covenant Party’s heightened and unparalleled energies expended the day before the November 7th General Election. Though the statistically sound poll disclosed its full methodology as thoroughly or even more so than the University of Guam’s poll published earlier that week, the Governor’s Covenant Party Chairman issued a specious press release in a classic case of “shoot the messenger” chiefly because their candidate was not prevailing. The three other candidates for Governor did not issue statements.

Further, the Governor’s Office openly engaged in eyebrow-raising back-and-forth with a private company and the account of events and depth of involvement leave more questions to be asked than were answered. Consequently, this company terminated an employee with a personal relationship to Marianas Consulting’s principal consultant the same day the poll was released. In media accounts it was acknowledged that they contacted the Governor’s Office to inform that the employee had been let go, a highly unusual action for what was a private and internal personnel matter. Even more curious, the Governor’s Covenant Party thought it appropriate to comment on this personnel issue, offering words of support for the supposed “hurt” caused, but in reality, adding insult to injury.

Principal Consultant, Jay Solly comments, “On a personal note, my family and I are grateful for the outpouring of support from the community. We love Saipan and the kindness and giving hearts exhibited. We look forward to staying and will continue working for the community. It is likely that there would have been no effort to silence, discredit, or intimidate if the numbers were in Covenant’s favor. Again, neither I, nor my company, was contracted by any campaign when this poll was conducted, but now I know with certainty for whom I will not work—the rank amateurism of the Covenant Party opposition research linking Marianas Consulting to an Ontario-based company that happens to share the name made me chuckle. Incidentally, I worked in Moscow in 2005, did they check with Vladimir Putin too?”

Marianas Consulting concedes that a run-off poll again employing random sampling in line with theories of probability would likely be informative and serve well the interests of the people, but as Mr. Solly adds, “even statistics with reported sampling error come under fire in this chilling political climate fostered to stifle dissent. This, coupled with the ‘spiral of silence’ effect—where voters are less likely to voice an opinion if they fear reprisal, job loss, or isolation from the existing political apparatus—make polling in the CNMI uniquely challenging.”

The CNMI-registered company iterates that the only polls that truly matter are election polls where the free exercise of choice is safeguarded.

About Marianas Consulting
Marianas Consulting is a strategy, government & public affairs consulting firm headquartered on the beautiful island of Saipan in the Commonwealth of the Northern Mariana Islands, headed by Mr. Jay Solly. Jay has over 12 years of professional experience in political communications, public relations, marketing, and government arenas at the territory, state, and national level. Mr. Solly has advised, managed and worked on 26 campaigns in 14 years.

Eve of distraction

Jay Solly seems to know a bit about marketing.

His shamelessly self-promoting CNMI gubernatorial 'poll' landed him on the front page of the Friday Marianas Variety and the election-day Saipan Tribune.

Not bad for a young guy who seems to be looking for a job. Unintended consequences kick in, of course.

He reportedly used his 'significant other's' (gad I hate that term) phone to survey voters. Well, not hers exactly. According to the Tribune, it's a residential phone but it belongs to Bridge Capital LLC *. They fired her, "for improper use of company resources." A company whose unrelenting campaign for gambling on Saipan has been controversial doesn't need a pissed-off Governor.

And he was pissed, or at least his minions were. That's easy to understand. Who needs to get blind-sided the day before the election by a poll showing the incumbent is in third place? The obvious --and legitimate-- questions were asked: who is this guy and who does he work for?

So Solly

So they called Bridge Capital, who quickly cut their losses... and their payroll. Pressure from the Governor's Office? I have no idea, but there's no crying in Public Relations. It seems like a move they would make with or without pressure. But Jay and the SO (girlfriend) are victims now. Stay tuned. We need two jobs now.

Who does he work for? There's nothing obvious to go by. Personally I think he free-lanced this, but time will tell. Stay tuned. With due diligence, the Governor's people checked out Marianas Consulting on the internet, and only got marianasconsulting.com, evidently some consultants in Toronto. Nay, says Solly, it's marianasconsulting.biz, which is true enough. He bought that domain name on October 26, but it's not functioning yet. The Website Title is 404 Not Found. **

Haidee V. Eugenio writes that the Tribune got Solly's Press Release Friday. I suppose he was trying to maximize coverage in both papers. He puts a brave face on it, but I don't think this is the story he expected to read.

And the voters say

Solly claims that his methods are sound, but the numbers don't add up to me-- figuratively and literally. My "Pala-Pala Poll" shows the Governor ahead of Juan Guerrero, with more than 20 percent of the vote. I guess we'll know tonight.

I could comment on the poll's design if I knew more about it. I was looking for his Press Release or other information when I tried to track down the Marianas Consulting website. Big assumption here, but if they only called landlines they would get a skewed view of the population. A lot of people only have cell phones these days, particularly younger people. Also, in this political climate, I would expect some people to hold their cards pretty close when talking to an anonymous voice on the phone.

Survey questions have to be designed very carefully. For instance, 'Do you think the Commonwealth is headed in the wrong direction?' would be leading. 'In which direction is the Commonwealth headed?' with choices would get a better result.

Then again, at least he tried, and he's sure poked himself into the public eye.

* Mo' marketing: Bridge Capital got in its own public relations licks with the irrelevant "Since June this year, the company has donated nearly $25,000 to the CNMI community."

** The WHO IS pointed at http://www.marianasconsulting.biz instead of just http://marianasconsulting.biz There's a little more information at the site, but the Press Release he posted has less information than what was provided to the local papers. I got through once. The connection has 'timed out' every other time I tried.

Runoff the mouth

I broke a rule yesterday by talking about the next CNMI Governor in the bar.

Well, it's not a rule actually-- just a good idea when there are a lot of candidates and only one job. The odds aren't good that you're talking to somebody who'd agree with you, which can be bad for business.

I usually won't talk politics in USSP unless someone else brings it up, but I'd just noticed a 'Yes 2 Kumoi' bumper sticker (Y2K Get it?). Perfect. I could make a joke and get a read on his opinion of Ray Guerrero, who's a pretty polarizing man.

I'm sneaky that way. It didn't work. I slipped in a line about every Governor being captive of outside forces like the tourism industry. Guessing (rightly) that he'd voted for Ben Fitial last time, I allowed as how it was a thankless job and it was hard to blame the Governor for events outside of his control.

I'd forgotten he was a retiree*. No mention of Kumoi, and he'd only say 'not this time' about Fitial. He didn't want to talk about other guys like Diego Benavente. All in all, it was another lesson for me about avoiding the subject.

The primary reason for losing an election

So I'll avoid it again. Well, soon anyway: first I want to chuckle about the Republican's and Democrat's (if there are any left locally) primaries. I've been amazed for years that candidates pick their running mate going into the primary.

It's short-sighted logic; you have a better chance of winning the primary but limit your options for the general election. That may have worked in the past when there was more party loyalty. Even then, the losing candidates and their families/supporters often threatened to sit out the election or jump to your opponent.

Picking a running mate after the primary would probably result in a stronger, more 'balanced' (wink) ticket. Then again, anyone who tried it would likely lose, so it will never happen.

Also, everyone's an independent these days, so a runoff election between the top two candidates is almost guaranteed.

* If you're outside the Commonwealth and just happened across this post, the CNMI Retirement Fund is expected to be broke in three, four or five years, depending on who you believe. The government has turned it into a Ponzi scheme by not paying its share in recent years.

Passing the buck and passing the budget

The Saipan Tribune has a counter on its front page: xx days without a government budget for FY 2009. (Click on the picture of the front page in the online edition.)

Does anyone care any more?

I've enjoyed the online Marianas Variety more since they added a 'comments' feature, though there are only a dozen or so regular users. One thing I've noticed in the last 60 days is no one comments on the budget stories; okay Friday has an exception, just to prove the rule.

Is the budget too complicated? Are people burned out because the budget is never passed on time?

People complain about crime, and about soft sentencing, but not about the Attorney General's inability to attract enough prosecutors to avoid plea bargains. Should there be enough textbooks for all of the schoolkids? How about money to keep skilled medical professionals? The list is long.

How about jobs? That should get someone's attention. There's no way departments can take a ten percent cut without reducing employment. This is an election year, of course, so the actual decisions (and blame) will apparently be foisted on the Governor-- and the Legislature will only take an 8.7 percent cut.

And how absurd is it?

I've been having a hard time writing about Saipan lately.

It's just that things have gotten so absurd that it isn't funny. Except that it is. I can picture some late-night comedian saying "it's so ridiculous that...."

The Governor proclaims a State of Emergency because the Power Plant may blow up.

The U.S. Congress adds a special 'CNMI only' labor category because the local government says existing rules will Osterize our economy-- and the Governor wants to sue because no other U.S. jurisdiction has to put up with these onerous requirements.

The closed-door meeting to push for his suit has to be postponed because of a power outage.

The public is brought into the discussion when the Governor posts his talking points on You Tube.

My son asks me if it's true that the (new) Public Utility Commission is to blame for our power problems as the Governor claims.

The Commonwealth Utilities Corporation has more liabilities than assets but the Legislature wants to require a minimum bid for privatization.

Questionable hiring practices have plagued CUC, but the Legislature wants to ensure jobs are "protected" during privatization.

There's no money in the budget for retirement contributions but the Retirement Fund is being asked to risk its dwindling reserves investing in CUC.

The government is bloated (also see retirement contributions) but is trying to argue that there just aren't enough local workers to staff private businesses.

CUC keeps promising to train local workers this time if they just get another extension to hire contract workers.

The Northern Marianas College's director for institutional advancement moves over to shaky private Emmanuel College.

That's just off the top of my head. Now, what did I miss?

Oh say can you CUC

Sometimes I'm a silver-lining sort of person, and those clouds are positively shining this morning.

CUC clouds.

How can that be? Just today, the Saipan Tribune has articles about delaying public school openings, hiring alien workers and not telling customers where to spend their money when the Commonwealth Utilities Corporation is missing in action.

I think we had a record Friday: every story on the Saipan Tribune front page was about CUC; I counted six in the paper. The Marianas Variety went one better with seven stories.

And this is good how? Well, one of the reasons I quit reporting is that it seemed like I kicked some rock or steaming fecal pile every week. I'd take some flak from those affected, get a few pats on the back and everyone would run around shouting and doing their Chicken Little impersonation. Nothing was done and there was always something new to kick. I felt like the Stanley Torres of print and airwaves.

Inevitably, some of those stories were about CUC-- or Public Works before CUC was made autonomous to avoid political interference....

Have we got your attention yet?

Only a few tories are saying 'realistically', 'you don't understand' or 'that's just the way it is' anymore; the bugs that scurry when next week's rock is turned over are all chittering "CUC". Short attention spans don't offer the usual solace.

I hope the Lieutenant Governor is innocent (as opposed to being found not guilty--they're not the same thing), but the federal charges have sure got some people's attention. That's not my call, let a jury decide. I would recommend that his lawyers try to get a trial on Rota or Tinian instead of Saipan; the Palace of Justice can't afford to run its generators during power outages. Talk about prejudicial.

Culture shock

Every company has a culture. CUC's has been self-interest as opposed to public interest, sole-source contracts and payoffs both large and trivial. Nepotism and favoritism were uncontrolled.

The current spotlight (when the power is on) can only be a good thing. No contract will slip through unexamined, and those responsible know it. The Legislature can't 'table' this issue. The Governor may be ruling by fiat, but thousands of people are watching to see whether the Emperor has clothes.

Is that a light I see at the end of this tunnel? Maybe we'll actually get privatization with rational and more efficient management. It's been promised before, but Executive Director Tony Muna says he'll be training local workers while the alien workers bail out CUC's sinking boat. Those workers may come from a manpower agency, but, sorry Felipe, the contract will be scrutinized inside and outside of the government.

Muna has even warned workers about the the appearance of skulduggery. According to the Saipan Tribune "Commonwealth Utilities Corp. employees should not be telling landlords and the general public where and how they should buy backup supplies, such as extra water, to deal with power outages, said CUC executive director Antonio Muña."

Snack time

Just something for Greg Cruz to nosh on while he's looking for another hearty meal to get his teeth into, but why do we still have so many defective photovoltaic cells? I'm told that some of those do-hickeys that are supposed to turn off streetlights during the day were defective when they were purchased. If true, why wouldn't they have been returned to the supplier?

Term limit

Governor Benigno R. Fitial's campaign slogan didn't quite work out, but would there be “better times” if someone else had won the 2005 CNMI election?

I don't think so That's been on my mind for a couple of years now, and Brad Ruszala brought it up in some comments over on Middle Road. He took a lot of flak, but it's a strong argument.

Saipan has always been the engine of the Commonwealth economy, and the collapse of the garment and tourism industries has been devastating. The tradewinds of change are an outside force that no Governor can stand against.

This mess has been coming for a long time. When Juan N. Babauta took office I was telling anyone who would listen he needed to start a Reduction in Force in his first six months. The obvious answer was that he didn't want to be a one-term Governor. He didn't, and he was anyway.

Fitial was the House Speaker, of course. If Babauta had said 'green', his answer would be 'yellow'. Now he's the Governor, and it's time to bite the bullet. He's only going to have one term anyway.

That's not even criticism. This all peaked on his watch, and he gets the blame. For a year or two, I heard from a lot of folks who said Lt. Gov. Tim Villagomez was working on getting them a job. They don't say much now. Something had to give, and there are only so many supporters of the previous administration who can be shunted aside.

They didn't hire enough, and they didn't fire enough. So it goes.

The problem, of course, is that there is no safety net. Rather, the government is the safety net. There's no unemployment insurance and very few private sector jobs pay a living wage. That's a structural problem that won't be fixed anytime soon.

You heard it here first: the next Governor will only serve one term.

Alien Nation

Am I the only one who suspects Howard Willens, Gov. Benigno R. Fitial's volunteer legal counsel, was asked to 'find something wrong with Article 12'?* Article 12 of the CNMI Constitution was meant to stop alienation of Commonwealth land by limiting ownership to those of Northern Marianas Descent (NMD).

No luck so far, but the Governor wants the Commonwealth Election Commission to stop registering Northern Marianas Descent voters.** A pretty obvious move: you don't want those with a vested interest in Article 12 being the only ones voting in 2011.

The Administration has led an increasingly vocal campaign against Article 12. Their main argument, which has merit, is that it discourages long-term investment. Who's going to spend money with five or ten years left on the lease? And, who but a few of the wealthy can pick up the 60 percent of mortgages that are in default.

Shell game

A lot of tricks and end-arounds have been tried. There was a fashion for leases that would magically turn into sales 'if the laws ever changed'. Some investors gave their money to a 'more cooperative' person who then bought land and leased it to them. You'd see local attorneys cut out the middleman and 'buy' land themselves. That's a no-brainer; it costs you nothing and you can give the land to your heirs. Who loses?

There's an argument, and I've even heard Tina Sablan make it, that Article 12 encourages fly-by-night investors. Does anyone really think Saipan's garment factories and their camp followers would have acted any differently if they were owners? And, with no property tax, there's no penalty for just abandoning the land.

An article of faith

Personally, I don't like Article 12. I never have. Then again, it's the law of the land and nobody ever hid that fact. Guam is only 100 miles away. The intent, to keep ownership local, is understandable.

In practice, it hasn't done much for the average person. The rich get richer, only it's the NMD rich. Still, I wonder how much worse things would be now if anybody could buy land in the boom years.

Blind date

The definition of NMD is arbitrary too; the Governor's got a point. Chamorros and Carolinians who were off-island on the magic date don't qualify. Non-indigenous people who were here do.

Article XII: Section 1: Alienation of Land. The acquisition of permanent and long-term interests in real property within the Commonwealth shall be restricted to persons of Northern Marianas descent.

Article XVIII, Section 5(c): (c) In the case of a proposed amendment to Article XII of this Constitution, the word "voters" as used in subsection 5(a) above shall be limited to eligible voters under Article VII who are also persons of Northern Marianas descent as described in Article XII, Section 4, and the term "votes cast" as used in subsection 5(b) shall mean the votes cast by such voters.

Source: Original provision (ratified 1977, effective 1978); amended by Second Const. Conv. Amend. 39 (1985); new subsection c) added by Section 1 of Senate Legislative Initiative 11-1 (1999).