Corina Magofna
SENATE Floor Leader Corina L. Magofna on Tuesday pre-filed Senate Legislative Initiative 23-2, which would make the public auditor an elected position.
She said the Office of Public Auditor “should be free of political influence or interference.”
Under the CNMI Constitution, the governor appoints the public auditor with the consent of both houses of the Legislature.
According to S.L.I. 23-2, the current selection procedure “may subject the public auditor to a politically motivated selection process in order to be considered, thus, potentially barring the freedom and autonomy of the said appointee to execute his sworn duties in the accountability of public funds in fear of latent reprisal based on politically controversial pursuits.”
S.L.I. 23-2 proposes that a candidate for public auditor shall be non-partisan, to be elected at large within the Commonwealth in a general election and serve a four-year term. No candidate for public auditor “shall declare a political party affiliation and no candidate shall seek endorsement or receive financial or material support from a political party.”
But candidates for public auditor can campaign for election and submit a report regarding their personal finances and campaign contributions.
No person shall serve more than two consecutive terms as public auditor.
A candidate for public auditor shall be 35 years old, a U.S. citizen and resident and domiciliary of the Commonwealth for at least five years immediately before the public auditor takes office. No person convicted of a felony or crime of moral turpitude in the Commonwealth or in any jurisdiction of the U.S. may be eligible for the public auditor’s office.
A public auditor must be either a certified public accountant or an attorney-at-law licensed to practice in the Commonwealth and have at least five years of experience in the establishment and enactment of government budgets.
An elected public auditor will receive an annual salary of $100,000. The Legislature can remove a public auditor from office “for cause” by an affirmative vote of two-thirds of the members of each house.
Magofna said S.L.I. 23-2 would ensure that the public’s interests are protected “in such a way that there are no political interferences and/or influences in how OPA conducts its fiduciary duties and responsibilities, because it is an appointed position.”
She said her proposal is also “a mechanism that provides checks and balances within the government sector. And, it enhances the efficiency and effectiveness of existing internal controls such as procedures/processes.”
A legislative initiative is a proposal to amend the CNMI Constitution. It must be passed by the affirmative vote of three-fourths of the members of each house present and voting. The governor cannot veto a legislative initiative, but it must be approved by voters.
