THE chairman of the House Committee on Ways and Means yesterday requested the Office of the Public Auditor to conduct an immediate investigation into the independent contracts of Adam B. Turner, special assistant to Gov. Juan N. Babauta, and Charles D. Jordan, the governor’s special assistant for capital improvement projects.
Rep. Stanley T. Torres, R-Saipan, said Turner and Jordan’s contracts violate provisions of the CNMI Procurements Rules and Regulations.
Torres said the “highly questionable” contracts that were signed by the governor may force his committee to eliminate the budget for the two special assistants.
According to Torres, OPA’s findings will enable his committee “to decide eliminating the funds for this type of contractual nonsense.”
Turner and Jordan were unavailable for comment. But the governor earlier assured that the two individuals are technically and professionally qualified to handle their jobs.
Based on independent contract no. 379042-OC, Turner was hired by Babauta for policy consulting on various issues.
Turner’s contract amounting to $88,000 will continue for one year or until Dec. 31, 2002.
But Torres said the contract “appears not just illegal but also unethical”
He said the contract gave Turner the “blanket authority to meddle into practically all affairs of the government.”
Torres said based on the contract, Turner was appointed as special assistant for telecommunications, acting executive director of the Commonwealth Telecommunications Commission, consultant to the Department of Labor and Immigration, policy consultant to personnel management, CIP and budget issues and those relating to the U.S. president and the U.S. Congress.
“I don’t think that we could make Mr. Turner an independent contractor and at the same time place (him)…at a decision-making level or (allow him to) sit as a Cabinet member by being executive director of CTC,” Torres said.
Moreover, sole-sourcing of contractors is an exemption rather than the rule in CNMI Procurement Regulations, he added.
Torres said there are four requirements for hiring contractors through sole sourcing: (a) the specific unique capabilities of the contractor selected; (b) the specific reasons why such unique capabilities are required for the particular service; (c) what specific efforts were made to obtain competition; and (d) what other specifically named contractors and other sources, both on-island and off-island, have been considered and why were they not selected.
Torres also found it unethical for an independent contractor like Turner to get perks other than his $88,000 salary.
Based on the contract, Turner is provided the following: government house at his own choosing—if not ready for occupancy, he will be paid $650 monthly for housing expenses; a lap top computer; office space and equipment; and access to information and administrative support.
Torres also questioned the discrepancy on the governor’s recent letter informing House Speaker Heinz S. Hofschneider, R-Saipan, and Senate President Paul A. Manglona, R-Rota, that Turner’s salary is only $78,000 while his contract states that he will receive $88,000.
Also, Torres questioned why Jordan’s services was procured through sole sourcing.
Based on independent contract no. 197-OS, Jordan will receive $100,000 as special assistant for capital improvement projects from Feb. 11, 2002 to Feb. 10, 2003.
“Has the executive branch demonstrated much effort in looking for other contractors? Did it consider other contractors before getting the services of Mr. Jordan?” Torres said.
Torres said that under procurement regulations, the following contracts could be procured through sole sourcing: for the sole purpose of obtaining expert witnesses for litigation, for legal defense, legal advice and legal services and for independent contracts for policy consultants.
Jordan’s scope of work is to assure completion of the following projects: all phases of Tinian High School, Rota Health Center, the Marpi landfill and the Puerto Rico dump closure, the Department of Public Health building and other projects in the CNMI CIP plan.
