Bill No. 9-21 which has been passed into law in March by way of override amends State Law No. 8-13 by changing the composition of the Board of Trustees of AIMSPLA and having both the governor and Legislature appoint certain members of the board.
However, Gov. Reklai in a letter to Speaker Rengulbai claimed that Bill No. 9-21 violates the Governor’s appointment power under Aimeliik Constitution and that the bill further “violates the equal protection clause of the Palau Constitution by barring member-chief from becoming an officer of the AIMSPLA board.”
Speaker Rengulbai in an interview said that the governor also indicated in her letter that she will not enforce the law, and instead asked the 9th Aimeliik State Legislature to repeal said law. The Speaker said the legislature will not appeal the said law, instead, they’re asking that the Governor respect the rule of law and take action to enforce the said law.
Bill No. 9-21 believes that the governor and the Legislature should share the responsibility in the appointment of members of the AIMSPLA.
The shared responsibility in the appointment of the Board members is meant to improve the functions of the board.
Under the new Bill, the Board of Trustees will consist of 13 members instead of 12, with six chiefs comprising the Aimeliik State Council of Traditional Chiefs, three members to be appointed by the governor, and four to be appointed by the Aimeliik State Legislature.
In his response to the governor’s letter, Speaker Rengulbai said that the governor’s “continued failure or refusal to enforce the law will leave the legislature no choice but to consider taking necessary legal action to ensure that the laws is fully complied with.”
The Speaker said that the governor’s claim that Bill No. 9-21 violates governor’s appointment power under Aimeliik Constitution is totally misplaced. The Aimeliik Constitution gives the governor power to “appoint heads of major executive positions in the Government of the State of Aimeliik with the approval of the Legislature”.
The governor claims that Bill 9-21 violates the equal protection clause of the Palau Constitution by barring member-chief from holding officer’s position in the AIMSPLA, the Speaker cited Gibbons vs. Seventh Koror State Legislature, where the court made clear that “Regardless of their traditional and customary role in governing the use of chutem buai and other public land, the traditional leaders have no such role with respect to KSPLA Board.”
The same holds true with Bill 9-21, the governor said. “The Aimeliik State Council of Traditional Chiefs has no role with respect to AIMSPLA board. Aimeliik State Legislature has full authority to enact a statute that it sees fit regarding the AIMSPLA board. And if the State Legislature has the power to decide who may become a board member, it surely has the power to decide who may become chairman and who can’t.”
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