By Sen. Judi Guthertz
For Variety

ALTHOUGH I have been a senator for just a few months, I have attended many public hearings over the years as an educator, as a public official, and as a private citizen. Like many in Guam, I watched many legislative sessions and even attended several before my election. Up to this point, I thought I had seen or heard just about everything that could happen. But the session that took place this past Tuesday may be one for the record books.
I learned and always believed that the official venue for public comment is the public hearing. At these hearings, members of the public are invited to express their opinions and no one is turned away. Testimony can even be taken after hearings, and I know of many senators who were willing to receive written testimony even up to the eve of the subject coming up for discussion during legislative session.
A session is where a lot of the Legislature’s hard work takes place. A session is generally reserved for senators to take action on what they have learned from public hearings and other meetings. During Committee of the Whole, which is a necessary part of a session when discussing the annual GovGuam budget and other complicated legislation, guests are often invited to provide their expertise, explain complicated provisions and answer questions from senators. These guests could include department directors, certain employees, financial experts, doctors, scientists, etc., but the number of guests that are asked to come to session is usually very limited.
These rules have been in place for many years, and they are needed to control the activities that take place during Legislative session. Without rules and laws to govern government’s actions and keep it on the right path, there would be chaos. Our system of government is based on impartiality and fairness in its processes, and without these rules, many would be left out.
People being left out was exactly what happened when several rules, and several of the tenets of good government were violated on Tuesday, among them: the majority allowed lobbyists on the floor of the Legislature during session; the chairman of the Finance Committee placed his friends ahead of all other citizens of Guam by inviting them to give testimony during a session before even thinking about inviting the public; failing to follow the Open Government Law and give sufficient public notice for seeking public comment; conducting a legislative session without a quorum; and suspending the Standing Rules without enough votes. The last two set a very poor example for all government boards and commissions to follow.
The continuation of the “open” session on Wednesday did allow some people to come to testify, but still did not meet the requirements of the Open Government Law. For those reasons alone, Guam’s media should be up in arms.
These were problems that did not need to happen. Senator Pangelinan offered a motion to refer Bill 74 to committee and conduct a public hearing. That simple action would have been more in line with the rules. Instead, the majority voted it down, another rejection of an idea that could have moved this painful process forward quickly and with fewer interruptions.
The most important of the majority’s rejections is their refusal to swear in those testifying for the administration, as urged by Senator Respicio. If the Finance chairman had been administering oaths, we would have already completed this process because there would have been less conflicting statements, fewer spreadsheets that didn’t add up, and a more concerted effort on the part of the administration to provide valid information.