HAGÅTÑA (The Guam Daily Post) — Just as the Office of Public Accountability has published a four-year strategic plan that includes the goal of enhancing its independence, two senators have introduced legislation that would grant the OPA its desired language for budgetary control.
Bill 227-37, from Sens. Joanne Brown and Telo Taitague, would change the law governing the OPA so the office would receive a continuing annual budget of 0.25% of annual general fund revenues.
Such legislation is one of the performance measures the OPA outlined for its goal of greater independence in its 2024-2028 strategic plan.
However, there is already a law that includes the stated OPA funding language – the fiscal 2023 budget law. Bill 227 also isn’t the first time that Brown and Taitague have introduced legislation attempting to enhance the OPA’s independence through funding. The two senators introduced Bill 302-36 last term, which essentially does the same as Bill 227 in terms of the OPA’s budget.
Bill 302 didn’t become law on its own, but its funding provision was added into the fiscal 2023 budget law, to apply beginning fiscal 2024.
But that wasn’t enough, according to Public Auditor Benjamin Cruz. While the budget law sets OPA’s funding at no less than 0.25% of general fund revenues, “it does not provide the (same) assurance and protection (as) a numbered statutory section,” Cruz told The Guam Daily Post.
“A provision in one budget bill can be ignored in a subsequent budget law. A codified statute with a number would need a statutory repeal or a ‘notwithstanding’ provision to be abrogated. One is a handshake, the other is a contract,” Cruz added.
Brown said she and Taitague introduced Bill 227 because of concerns from the public auditor that the funding language wasn’t formally codified.
“It’s sort of a technical reason, but a legitimate one, honestly. He did raise that concern, and we said, ‘OK. Then we will reintroduce the bill so that it will be formally codified in statute,'” Brown said.
The OPA is also seeking other ways to protect and enhance its independence, such as legislation that would grant public auditors immunity from lawsuit or prosecution in the normal discharge of their duties.
Brown said she was open to that concept, but would first like to see proposed language and determine what kind of impact it would have.
“I certainly understand the need for it so that the (OPA) can have the independence that it really does need to have to do its audits and its investigations. But certainly, we’ll need to look at the specific language for that,” Brown said.
The OPA’s four-year strategic plan was published on Dec. 28, 2023. Bill 227 was introduced on Dec. 29, 2023.
Benjamin J.F. Cruz
Telo Taitague
Joanne Brown
