RECORDS showed that Gov. Ralph DLG Torres took 102 trips that cost the government at least $490,000 in airfare, per diem and stipends, lodging, ground transportation, boat transportation, fuel, and incidentals from January 2015 to July 2020, according to a report prepared by the House minority bloc.
House Minority Leader Tina Sablan, right, speaks during the final session of the 21st House on Wednesday as Rep. Ralph N. Yumul reviews his notes.
Photo by Emmanuel T. Erediano
Because he nearly always traveled with companions, including his spouse, personal security detail, other staff and other officials at government expense, the total actual cost of the governor’s travel during the period in review is significantly greater, the report added.
Of the governor’s 102 trips, 78 involved travel outside of the CNMI and at least 40 of these trips were first class or business class, in violation of l CMC § 7407, the report stated.
The House minority bloc said government travel records indicate that first-class and business-class airfare costs for the governor alone during the period in review totaled approximately $178,000.
“The records for some of these trips are incomplete, lacking supporting documents such as travel vouchers with itemized costs or travel tickets or itineraries, and some trips may have involved the use of frequent flyer mileage or similar upgrades from economy-class fare,” the report stated.
“First lady Diann Torres also traveled first class and business class at government expense, in violation of 1 CMC § 7407 and Finance regulations.
“The records showed that [Mrs.] Torres traveled on at least 31 government-funded trips between December 2016 and December 2019. Of these 31 trips, 27 were with the governor, including 14 first-class and business-class trips between January 2017 and December 2019. The airfare costs alone for [Mrs.] Torres during this period totaled approximately $82,000. On one of these trips, from December 4 to 16, 2018, the governor and his wife traveled together to Hawaii for meetings of the Western Governors Association and Pacific Century Fellowship program; to Washington, D.C. for the funeral service for former President George H.W. Bush; and to San Francisco, California to meet with Mr. Bob Fenton of the Federal Emergency Management Agency. The cost to the government for first-class and business-class airfare alone for the governor and the first lady totaled $22,674.00.”
Moreover, the governor traveled first class and business class at government expense, according to the minority bloc.
The minority bloc also made the following recommendations:
• Legislative oversight should be conducted on the Department of Finance to review the status of adoption of uniform travel regulations for the government, and the implementation of Finance policy regarding official representation and reimbursements.
• The Department of Finance should provide a timeline by which the government travel regulations proposed on Sept. 28, 2020 are expected to be officially adopted. Finance should also report to the Legislature on the implementation of policies regarding official representation and reimbursements and whether legislation is needed to provide stronger controls over public expenditures. In particular, lawmakers should review with Finance the definition of “public purpose” provided by law at 1 CMC § 121 and Finance regulations, and determine whether and how this definition may be clarified.
• The Legislature should pass legislation to repeal 1 CMC § 8221 to eliminate government housing benefits for key elected officials and to explicitly prohibit by law the use of public funds to pay the utility bills of any government officials, or of any persons at their private residences.
Lawmakers should additionally request an opinion from the attorney general on whether public funds previously expended on elected officials’ personal utility bills may be recovered by the government.
• Lawmakers should request the engagement of the Office of the Attorney General and/or the Office of the Public Auditor for further investigation of alleged waste fraud or abuse of public funds, misconduct and other violations of the law.
Violations of law that may warrant investigation and possible prosecution by the Office of the AG and/or the OPA include but are not limited to l CMC § 7407 — illegal first-class and business-class travel funded by the government, 6 CMC § 1704 — misuse of financial instruments; 2 CMC § 5303 — illegal release of Sambar deer into the wild, 6 CMC § 3202 — misconduct in public office; and the unlawful use of public funds for personal or political purposes and the recovery of these funds through legal action.
• Legislative oversight into Governor Torres’ public expenditures should continue in the 22nd Legislature.
“Investigating lawmakers in the incoming 22nd Legislature should continue the work that began in the 21st Legislature to further examine whether Governor Torres has committed any misconduct in office or abuse of public funds, and whether any violations identified rise to the level of censure, impeachment, or other legislative action. Key witnesses should be summoned to the 22nd Legislature to answer questions by the investigative body. These witnesses should include but not limited to the current and former Finance Secretaries, current and former executive security officers and other administration staff, and individuals named in Governor Torres’ requests for reimbursement or other records of public expenditures.
“Governor Torres should be afforded due process and the opportunity to fully respond to issues of concern dealing with the expenditures of public funds and his conduct in public office. We urge for a fair, diligent, and responsible investigation, with the ultimate goal of improving accountability for public funds and restoring trust in the people‘s government.”
The House Special Committee on Fiscal Review of Executive Expenditures earlier submitted to Speaker Blas Jonathan Attao its own recommendation pertaining to the investigation into the governor’s expenditures.
Chaired by Rep. Ralph N. Yumul, the special committee said the Office of Public Auditor should take over the investigation.
House Minority Leader Tina Sablan said she and the other minority bloc members believe that “there are some findings that are very consequential and that they deserve further scrutiny in the next Legislature.”
To a certain extent, she said, there are some issues that the minority bloc believes require the assistance of the Office of Public Auditor.
“But I don’t think it’s fair or responsible on our part to just pass on the responsibility entirely to OPA to do this work. The Legislature also has the responsibility. The legislative committee has the power and the authority to investigate matters of concern such as this,” she said.
She added that the AG’s office could also play a role in reviewing and investigating some of the issues and concerns pertaining to the governor’s expenditures.
“But beyond the investigative and auditing part of their recommendations, there are also legislation that the minority bloc thinks is worthwhile to consider in the 22nd Legislature, like gaps in the policies and ambiguities that need to be cleared so public funds are accounted for,” Sablan said.
