Bill To End Forced Arbitration of Sexual Assault Moves to Voting File

FOR IMMEDIATE RELEASE (October 21, 2022 – Hagåtña, Guam) – Speaker Therese Terlaje successfully moved Bill 319-36 (COR) into the third reading file during the first day of October session.  The bill mirrors a portion of U.S. Public Law 117-90, which amended the Federal Arbitration Act (FAA), effectively invalidating any pre-dispute arbitration clause in cases involving sexual misconduct allegations. The intent of the measure is to apply these standards and protections locally.  The federal legislation was championed and supported by a mass coalition of survivors of sexual harassment and sexual assault, and their allies, to include the National Center on Domestic and Sexual Violence, the National Coalition Against Domestic Violence, the National Domestic Violence Hotline, among many, many more.

The Speaker stated, “Forced arbitration strips a survivor of the right to decide how to pursue accountability and does very little to stop this type of systemic abuse from occurring again. We have heard of stories from survivors right here on our island, for whom forced arbitration continues to place barriers in front of their quests for justice.  It must be the most unbearable thing to be sexually harassed or assaulted by an employer, a colleague, or a doctor and then be forced to settle your disputes in secretive proceedings- in a private system of costly mandatory arbitration. We must end the forced silence of victims.”

The bill would for the first time ensure that victims of sexual harassment and assault have the option of suing their abusers in court, invalidating any contract that closed off the option – a common condition of employment at many companies.  Nancy Erika Smith, an employment lawyer who represented Gretchen Carlson in a landmark sexual harassment case against the founder and then CEO of Fox News told the New York Times, “The Weinsteins, the Cosbys, the Roger Ailes and the Bill O’Reillys of the world used mandatory arbitration to force women into secrecy…They stayed in positions of power and continued to abuse women.”

The Speaker noted during her remarks on the bill that going to court is not easy, but the threat of woman going to court often make companies take a realistic view of their liability. When a woman files a sexual harassment lawsuit in court, she typically ends up hearing from other women and that doesn’t happen when you file a request for arbitration. It’s a much bigger threat to be able to go to court.

“I’d like to thank my colleagues for their consideration on this bill, but mostly I would like to thank the courageous souls who have shared their stories of tragedy and challenges with the system as they seek justice.  We can only make these types of meaningful changes to our laws when these voices speak out bravely and loudly,” said Speaker Terlaje.

Bill No. 319-36 can be found here.

Landowners Unite in Support of the Return of Excess Lands

FOR IMMEDIATE RELEASE (October 18, 2022 – Hagåtña, Guam) – Original landowners of the property known as Eagles Field and the surrounding area weighed in today at the Guam Congress Building during an oversight and public hearing on the proposed location of a new hospital.  The hearing was conducted by Speaker Therese Terlaje and the legislative oversight committee on land, who invited landowners, agency, and government officials as well as the general public to discuss their concerns on the siting of the proposed medical campus as well as the procurement of contracts pertaining to it.

The Oversight Chair on Land clarified that the Guam Legislature is not opposed to the construction of a new hospital, evident by the laws the body has passed to establish a health task force, and to authorize the government of Guam to enter into contract for the design, build, finance and lease of a medical campus.

Frank Tenorio Lujan, a member of the public with ties to land on Eagles Field, along with other landowners, urged the members of the legislature to advocate for them to which the Speaker stated that she is supporting what the people of Guam have supported for decades, the return of property to its original landowners stating, “we are with you.”  Terlaje had cited the position of I Liheslaturan Guahan since the passage of the Guam Ancestral Lands enabling act, P.L. 24-45 in 1999, that the government of Guam “memorialize the true history of land takings on Guam, in spite of well-settled legal protections, as a foundation for establishing a process for the recognition of indigenous Guamanians’ claims to their ancestral lands, also known as “ancestral titles” so that the property rights of all citizens residing on Guam may be fully and equally protected in the future.”

The committee chair noted that she was looking to determine what the landowners thought of the proposal of a 99-year lease, instead of the return of land, and the hospital being situated there.  Landowners resoundingly united in support that they wanted the government to advocate for the return of their property.

“I agree that we need a new hospital and have supported the efforts that have come before the legislature. However, if there is an intent and willingness to lease Eagles Field for 99-years, then that sounds like excess to me, as was already indicated in writing by the Secretary of the Navy in his January 15, 2021, letter.  If we were not bold, not unified, nobody would have gotten their land back. Unless the local law is changed, we should honor it.  This is justice for Guam and the landowners, and I thank them for reminding us of the real effects of the massive land takings and of generations that were displaced.” stated the Speaker.

The full 5 hour oversight and public hearing can be found at these links for Part 1 and Part 2.

PUBLIC NOTICE FOR OCTOBER 21ST SESSION

I Liheslaturan Guåhan will be called into Session on Friday, October 21, 2022 at 9:00 a.m. in the Speaker Antonio R. Unpingco Legislative Session Hall in the Guam Congress Building.

The placement of bills, resolutions, and appointments on the session agenda will be pursuant to our standing rules. A copy of the session agenda and potential items to be placed on the session agenda is found below:

The session will be broadcast on GTA Channel 21, Docomo Channel 117 or 112-4 and at http://www.guamlegislature.com/live_feed.htm. A recording of the session will be available online via Guam Legislature Media on YouTube after the session. Please email senatorterlajeguam@gmail.com or call 472-3586, if you require any special accommodations or further information.

Si Yu′os ma′åse′.

Speaker Terlaje’s Bill Aims to Bring the ‘ER to your Door’

Speaker Terlaje’s Bill Aims to Bring the ‘ER to your Door’

FOR IMMEDIATE RELEASE (October 4, 2022 – Hagåtña, Guam) – A public hearing was held today by the Legislative Oversight Chair for the Committee on Health, Speaker Therese Terlaje, who authored Bill No. 335-36 (COR).  The measure intends to make updates to the ‘Emergency Medical Services’ policy which align Guam with the national certification standards; facilitate local certification for paramedics, in addition to implementing licensure fees to fund special training programs that will enhance healthcare services on Guam.

According to Guam Fire Department (GFD) Fire Chief, Daniel Stone, the bill enables GFD to continue its goal of modernizing the Advanced Life Support (ALS) Units with licensed paramedics.  In addition, he stated that acknowledging the national standards for all emergency healthcare providers will greatly enhance the services provided to the community by both public and private entities.

Dorothy Duenas, Administrator of the School of Allied Health at Guam Community College, also testified in support of the bill.  She stated that GCC has partnered with the School of EMS based out of Tyler, Texas to educate and complete 15 of Guam’s GFD personnel to become paramedics of our island. According to GMHA, the National Registry Certified Paramedic is the highest national prehospital certification for medical first responders and until last month, Guam did not have any paramedic certified first responders for the community outside those working for military installations.

Assistant Fire Chief, Daren Burrier, noted in his testimony that Guam will be able to have a more “ER to the door” concept now.  He stated, “We’re going to have paramedics arrive with all the medications that they are going to need. They’ll be able to start IVs and perform advanced cardiac life support measures in the field prior to arrival” which will help patients increase their chances to survive outside the hospital.

Speaker Terlaje stated, “This bill is coupled with additional proposals by my Committee to modernize certification, licensing, and reporting efforts that address policy gaps with the ultimate goal of improving healthcare services on Guam. Thanks to the hard work and collaborative efforts of GFD and the Guam Community College, we will now be able to train and certify paramedics to support the island’s emergency services. If this bill should pass into law, it will be a major milestone in bringing lifesaving resources to the doorsteps of our residents.”

Bill No. 335-36 can be found here.