Vol. 34 No.219
       ©2007 Marianas Variety
Friday, January 19, 2007 www.mvariety.com
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N. Islands mayor: Municipal councils don’t have lawmaking powers

By Emmanuel T. Erediano
Variety News Staff

NORTHERN Islands Mayor Valentin I. Taisakan says the CNMI Constitution does not grant municipal councils lawmaking powers.
Taisakan’s comments were sought by the Saipan and Northern Islands Municipal Council.
In his letter to Council Chairwoman Marian DLG Tudela, the mayor said it “may be wrong to assume and believe that the phrase in the CNMI Constitution’s Article VI, Section 7(a), gives the municipal councils the power and authority to enact municipal laws or ordinances.”
The Constitution, he added, does not provide the councils with such power and authority.
The Saipan council, whose two other members are Antonia M. Tudela and Angel S. Hocog, earlier “passed” Municipal Bill 9SMC-4RS-01 which seeks to establish a neighborhood watch task force.
Taisakan said although he supports the good intention of the measure, the council cannot pass a municipal bill or ordinance.
Neither does the Constitution allow the mayor to sign and/or veto municipal bills or ordinances.
Taisakan cited Article II, Section 1 of the Constitution which reads: “The legislative power of the commonwealth shall extend to all rightful subjects of legislation and shall be vested in a Northern Marianas Commonwealth Legislature composed of a Senate and a House of Representatives.”
Section 6 states that “local laws that relate exclusively to local matters within one senatorial district” can be enacted only by the Legislature or the legislative delegation of the senatorial district, Taisakan said.
He added, “The fact the Legislature and the respective…delegations continue to introduce and enact laws that relate exclusively to local matters is an indication that they have jealously protected their legislative authority to enact local laws granted to them by the Constitution.”
Taisakan said the council should instead adopt a resolution requesting the Saipan legislative delegation to introduce and support a measure to establish a neighborhood watch task force.
Saipan Mayor Juan B. Tudela, for his part, said he fully supports the intent of the municipal bill.
“If the council passes this ordinance, I will sign it. It is not entirely clear whether my signature is necessary for it to become a law, but I will sign it,” Tudela said in his comments to the council.