If the council members will insist on appropriating the casino funds, Rota’s lawmakers might abolish the council, Mendiola said.
He noted that under the CNMI Constitution, it is the legislative delegation that appropriates funds for the council.
The council members insist that they have authority to appropriate the funds from the casino tax by virtue of the Rota Casino Act of 2007 which states that “the revenue derived from the Act shall be subject to appropriation only by the municipal council with the approval of the mayor, or without the approval of the mayor if the council has unanimously re-enacts the appropriation.”
The council considers casino taxes as local revenue for Rota — hence they believe that they have a mandate to appropriate the funds.
But Mendiola said the newly enacted Public Law 16-4 “clarifies” the Rota Casino Act by stating that the legislative delegation has to approve the appropriation of the island’s casino revenues.
However, council members still claim their power to appropriate funds by virtue of Amendment 25 to the Constitution which states that “the council shall have the authority to approve reprogramming of funds in the approved budget.”
It also states that “the powers of the municipal council shall extend to all matters of a predominantly local nature….”
But Mendiola said Amendment 25 is vague and does not state exactly the powers of the council regarding the appropriation of funds.
The senator said the delegation is still open to a “dialogue” with the council members to settle their disagreement.
Justine Manglona, one of the appointees to the five-member Rota casino commission, the council and the legislative delegation should “see what they can do to resolve the situation.”
