·I Inos wins vs Tenorio - University of · PDF fileInos wins vs Tenorio ... Dela Cruz,...
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Inos wins vs Tenorio Mar-Vic C. Munar Variety News Staff
Judge upholds powers of island mayors "is misapplication of the just cause standard" pronounced in an ear-lier court decision. A RULING issued yesterday by employees of Rota who had been
the Superior Court upholds the detailed with the DOF' s Customs local executive's authority to ex- Service Division and the Tax pend local funds and manage cer- Revenue Division. tain internal affairs independenh- .. ___Acting on the court's ruling is-of the central government. sued June 14, Cabrera reidstated
Associate Judge Edward threeofthefourmayoral resident Manibusan ordered Gov. Froilan employees. The fourth was al-e. Tenorio and the Department of lowed to resume work at the cus-Finance to refrain from denying toms division. Rota Mayor Joseph Inos' author- The reinstatement of the four ity to expend appropriated funds employees, however, did not ap-for department resident offices. pease Inos.
He was also reminded to "re- He went pack to the court to spect decentralization of govern- seek a ruling on the parameters of ment services." the governor's and department
Thecasestemmedfromacom- head's authority over resident plaint filed Aug. 17 by Inos on department employees. behalf of his constituents, ques- In response to Inos' plea, the tioning then Finance Secretary Court ruled that "a governor who Maria Cabrera's decision to drop revokes a mayor's authority over from DOF's roll four mayoral anadministrativeresidentdepart-
Manglona threatens to . . sue Governor Teno.rio
. float a $240 million bond. But the biU became Public
Law 9-60, minus the Senate . amendments that were ap-. proved by b_oth hou~es of Leg-islature.
Acc;oi'ding to Manglona, -the governor couid not'doan item-
. veto of the measure, meaning he would just 'have to- either .
- veto or approve the bill in its entirety .
., .1\'i~_'". .. b Thid' s iths be.cau~e, bh~ll~aid, the 9'' ~. on au onzallon 1 1s not an
-S,:,, . / . appropriation bill. .. ' . .- Under the Article II, section
} 7(a) o(theCNMI Constitution; '------~----...., . . the governor' sauthority to line.
Paul_~. _Manplona item veto covers oply appro-. By .Rafael H. Ar~oyo Variety News Staff
WITH the Ciilg lawsuit still aw~ting disposition at the Su-perior Court, another senator is thinking of bringing Gove.mor Froilan C. Tenorio to court. .
Sen. Paul A. Manglona in an interview yesterday.sa.\d he is spearheading a move iri the Senatetocontestthegovernor's recent line item-veto of the bill that authorizes the con9uct of a planned $240.million.bond is-sue.
Should he not get the Senate's full backing, he said he is pr~ pared to talce oil the lawsuit on his own. .
House.Bill 9-126 was signed . into.law by Tenorio last Oct 10 to signify go.vemment's back- 'ing for Commonwealth Devel- . opment Authority in its plan to
prfati~n bills, ~r that ~hich ap-. . p,ropriates, obligates and com-
mits monies from the. general. fund:
Tenorio has taken the. posi: tien that since section 11 (o) of H.B. 9-126obligates funds'fi:oni the bond. issue, the bill is in effect an appropriation bill. . "The analysis of the Consti-tution gives a broad definition of what an appropriations bill is," said Doug .Muir, the governor's legal counsel on leg~ islative matters.
"Altl:iough H.B. 9-126 is not really labeled as one, it is defi-
nitely an apprppriations mea-sure . and thus subject to the governor's line item veto au-thority," he added..
But according to Manglona, the goveroormay be giving him-
. Con_tlnued on page 15
ment must show just cause" and at the very least, "be able to point to an asserted Commonwealth government policy which the Mayor had notice of and failed to follow."
The Court dismissed Tenorio' s argument that "the secretary of finance had just cause to stop the mayoral employees because the Mayor' sent them over without consultation (with the secretary) and without any showing on his part that these people were com-petent."
This position, Manibusan said,
~:---... .. ~~ ~':-
The Court, moreover, said the governor failed to cite any Com-monwealtfi policy which Inos might have violated when he ap-pointed the four resident depart-ment employees.
The Court said: "If a governor finds it necessary ts revoke the mayoral authority over a resident department primarily involved in the administration of public ser-vices, he is, in essence firing a mayor from a post which the Con-stitution has required him to en-
Continued on page 15
BACKYARD FISHING. Aquawlturist Richard Bailey of the University of Hawaii shows workshop participants how to set up s fish tank in one's own backyard. See story on page 7. RICK ALBERTO
Dela Cruz warns bars on violations of ABC statute.
By Rick Alberto Variety News Staff
AUTHORITIES yesterday warned beer houses and night-clubs on the CNMI against ex-
F'edro Q. Dela Cruz
tending their operations beyond 2 a.m. and allowing the practice of "stacking" alcoholic beverages.
The warning was made after reports about the two unlawful business practices were teceived by the Department of Commerce.
Commerce Secretary Pedro Q. Dela Cruz, in a public notice, re-minded operators of alcoholic beverage establishments that un-der the alcoholic beverage con-trol (ABC) statute, they should close their establishments not later than 2 a.m.
"In other words," he said, "onJ sale alcoholic beverage establish-ments must ensure that no cus-tomers remain inside the estab-lishment after 2 a.m."
At present liquor houses are
allowed to serve alcoholic bever-Continued on page 15
Partly cloudy with Isolated showers
Greenpeace sues France LOSANGELFS(AP)-Greenpeace is suing France in a U.S. court, de-manding retWll of a ship seized by its military in the South Pacific and dlrs 1 million in damages.
environmental group, saidfa the lawsuit was filed Tuesday.
French Consul General Jean-Maurice Ripert in Los Angeles de-clined comment
Serlin said that on Oct I, the Manutea was.seized off the coast of the French island ofMwuroa.
Greenpeace believes~ boat was seizedhoursbcfireFrm:ccmlucled a nuclear lest at Fangataufa atoll, the sa:md of eight controversial explo-sions in the South Pacific, he said
boatwasboardedandbisacwmem-bers aski:d firrthcir pimpms. His acwwaslata'depoded.andlveswas jailed.
The lawsuit also alleges ~ ping, $SaWl and batrety and abduc-tion of a U.S.-flagged v~.
SerlinsaidCmeiipou:also istak-lll8 legal actim in Tahiti, demaooing the mum oflhe Rainbow warm n 'and lhc GimlpCIIU;. Those vessels also IICiz.ed in imrnational W1R111 where ocher ships-were potc!iting nuclear testing.
"France is subject to United States jwisdiction and is answerable to its cowts," Made Serlin, attorney for the
Manutea's captain, Brad Ives, spoke at a news conference Tuesday at the COUJ1house steps. Ives said his
Fiji tells France its envoy not safe while tests continue
Japan parliament pass~s economy boosting budget
SUV A, Fiji (AP) ~ Fiji has told France it should consider tem-porarily recalling its ambassa-dor to Fiji because of fears for his safety during the current program of nuclear tests in the South Pacific.
Fiji Foreign Affairs Minister Fiiipe Bole, speaking in New York, said he made the sugges-tion to France's Minister for De-velopment Cooperation Jacques Godfrain when they met last month in Papua New Guinea.
However, France's ambassa-dor in Suva, Jacques Costilhes, said Wednesday he was "most surprised" at Bole's comments because they could be inter-preted as encouraging violent protests against his embassy.
"It is like he's calling for trouble," Costilhes said.
Bole,told the Fiji Times news-paper he suggested the.recall of the French ambassador for up to six months because it was im-possible to predict how people might react after a third in the current series of up to eight French nuclear tests at Mururoa and Fangataufa atolls. A third 'test is expected soon.
"They might just decide to do something silly,'' Bole said.
This was not a threat to any-body, he said, but Fre1;1ch au-thorities in Tahiti had not ex-pected the violent riots which followed the first nuclear test in September, during which Tahiti's airport and many shops in downtown Papeete were burned.
Bole said Fiji's relations with France were "getting strained
PANAMA CITY BEACH, Florida (AP) ~ OJ. Simpson, whose chipping-in-the.clark alibi was ridiculed by prosecutors at his murdec trial, was back on a golf course Tuesday with girl-friend Pala Barbietjlooking on.
''llle rriaji jtjst came to play some golf afidthat'swhathedid, . said Paul Sylvester, manager of the pro~ and food servicesat . the Hombre Golf Cub~ 'Yhich is . privately owned but open to the public .. Sirnpson shot an 82 on the 72-
par course in a foursome of two local residents, whose names Sylvester wouldn't disclose, and course superintendent Joe Inman. . Barbieri. whose family lives in
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and I think it will become even more strained if they continue to explode ... if they have a third one.''
Costilhes would not comment on suggestions he be recalled or about possible threats to his safety.
The Fiji government has posted no guards outside the French Em-bassy in Suva since nuclear test-ing resumed.
the area. watched from a golf cart and later left with a woman in a white pickup truck, said WMBB-TV reporter David Delirnan. Inman told Deliman that
Simpson's game was a little s~y on the f