House Minority Leader Diego T. Benavente, R-Saipan, told his colleagues during yesterday’s Saipan and Northern Islands Legislative Delegation session that Mayor Donald Flores’ appointment of council member Ralph Yumul as acting mayor clearly violates Saipan Local Law 17-8.
Amending S.L.L.12-6 that gives Saipan mayor the sole discretion to designate an acting mayor in his absence, S.L.L. 17-8 requires him to appoint the council chairman whenever he’s off-island.
Benavente asked the delegation legal counsel to issue an opinion, saying the measure they passed could be a “dud.”
He wants to know who under the CNMI Constitution has the authority to amend the mayor’s power to designate an acting mayor — the delegation or the entire Legislature?
Delegation legal counsel Antoinette Villagomez said she will take a look at it and issue a legal opinion soon. She explained that if a measure is passed by the Legislature, then it is a public law applicable to all the senatorial districts.
The CNMI Constitution does not grant the mayor the authority to appoint an acting mayor in times of his absence, and this was why the Saipan legislative delegation gave him the sole discretion.
Benavente said Flores should have complied with S.L.L. 17-8 but it is also possible that the delegation has no power to enact laws pertaining to the mayor’s authority.
Public Law 3-77 or the Local Act of 1983 defines local bill as those, if enacted, “pertain exclusively to matters within one senatorial district, and may include but not limited to…the organization of and employment in the office of the local mayor.”
Municipal council chairman Ray Blas Camacho, who was in the House gallery during yesterday’s session, said he is not a lawyer but, ”my understanding is that they passed it so it’s the law,” referring to S.L.L. 17-8.
He said a lot of people are urging him to bring the controversy to the court.
Benavente pointed out that the issue may also put into question the constitutionality of the local casino measure for Saipan which is expected to be passed by the delegation.
He said if it is determined that changing the mayor’s power to appoint an acting mayor should have been done through public law, the local bill to legalize casino on Saipan will also be challenged in court.
