The Senate in session on Thursday. In photo are Senate President Edith Deleon Guerrero, Sen. Karl King-Nabors, Sen. Celina R. Babauta, Senate Floor Leader Corina L. Magofna, Senate clerk Doris Bermudes, Senate legal counsel Jose Bermudes, Senate Vice President Donald M. Manglona, and Sen. Frank Q. Cruz.
SENATOR Celina R. Babauta in a statement on Thursday said she made phone calls to some of the people who signed the petition against the nomination of Bruce Jorgensen to the Commonwealth Ports Authority board of directors.
She said those she contacted told her that they were coerced to sign the petition.
Babauta, who chairs the Senate Committee on Executive Appointments and Government Investigations, issued the statement after the Senate session during which the senators unanimously confirmed and nomination of Antonio B. Cabrera to the CPA board.
Babauta said she was advised that the governor had withdrawn the nomination of Jorgensen “as per his prerogative.”
“I totally respect this decision. For my part, I can tell you that my committee report was finalized and was due to be filed this week. The committee report would have reflected that the EAGI was unanimous and in agreement to advance Mr. Jorgensen’s nomination for confirmation,” Babauta said.
She said her office received the governor’s withdrawal letter on Aug. 21, at around 3:51 p.m. Jorgensen’s confirmation hearing was conducted on July 26, 2023.
During the hearing, Babauta said there were numerous oral testimonials in support of Jorgensen who, she added, was forthright in his responses to the questions and serious concerns posed by the committee.
As for Jorgensen’s residency, Babauta said he indicated that had never voted in any municipality except Rota. He also testified, under penalty of perjury, that he is a bona fide domiciliary of the municipality of Rota, she said.
Regarding the petition against Jorgensen’s nomination that was submitted by Sen. Dennis Mendiola, Babauta said “on the day of the hearing, I personally called random people whose signatures appeared on that petition. All the individuals I contacted expressed that they were victims of coercion and pressure tactics. Disliking an individual is not and should never be grounds or an excuse to reject a nomination.”
Babauta said although Jorgensen’s nomination was withdrawn, “I personally hope that in the future the entire Senate can be afforded the opportunity to vote on the record as opposed to political plays behind the scenes. If a senator has something to say let it be done to the nominee’s face.”
She added, “Let’s have each senator publicly take a position whether for or against. I think each nominee that comes before the Senate EAGI Committee has the right to a fair vote and to a public hearing. It is out of my hands now, but I am hopeful that moving forward every nominee can count on the Senate as a whole to give them a fair shot.”
Inherent power
During the session, Senate President Edith Deleon Guerrero said it was the governor’s inherent power to nominate or withdraw the nomination so “we shall respect it.”
She also said that “not all opportunity is lost with respect to how the costs of shipping can be reduced between the islands, to include the costs of shipping from Guam to the CNMI.”
The Senate president also referred to “our greatest tool in our Covenant, Section 902, which needs to be utilized so we can sit at the table with the U.S. government to discuss the high costs of shipping and how can the federal government provide some sort of relief for shipping costs that won’t be passed on to the consumers.”
“We have many issues to address and many of these issues will require both governments to sit at the 902 table to discuss them with the hope always to reach a mutual understanding and agreement,” Deleon Guerrero said.
“Politics is unavoidable but it also does not mean we don’t use our…tools to advance our issues with the U.S. government with which we have a unique relationship [through] our Covenant, [which is] for economic growth, advancement, and self-government,” she added.
Very unfortunate
Sen. Paul A. Manglona, who attended the session via tele-conference, said “it is very unfortunate that because the Senate did not have the numbers to confirm Jorgensen within the 90-day deadline, Governor Palacios had to withdraw the nomination.
“It is a very sad day for the people of Rota who are having a tough time making ends meet,” Manglona said.
He said while nominations for boards and commissions may involve some political considerations, Jorgensen’s nomination was based mainly on his qualifications such as education, past experience with CPA, and understanding of the financial crisis facing CPA.
As Jorgensen mentioned in a public hearing last month, if confirmed, his intention was “to shift the CPA board’s status quo so that there is no more business as usual,” Manglona said.
He said on May 3, 2023, he wrote CPA a six-page letter and a 19-page questionnaire seeking information about Rota’s seaport.
“I didn’t even receive from CPA a single specific written answer to any of the questions propounded in the 19-page questionnaire,” Manglona said.
He said Jorgensen would have been able to address “many of Rota’s concerns relating to CPA’s activities, decisions and oversight which, over the years, have contributed largely to the unfortunate reality that Rota residents must pay significantly exorbitant costs — compared to other CNMI residents — for essential basic commodities, including such items as construction materials, farming equipment, household appliances, personal healthcare necessities, and everyday grocery needs.”