Senator Therese Terlaje co-sponsors bill to ensure all purchases made under emergency powers go through established procurement processes

PRESS RELEASE FROM OFFICE OF SENATOR SABINA PEREZ

Senator Perez Introduces Bill to Clarify Emergency Health Powers and Create Task Force

Hagåtña, Guam – On July 30, 2020, Bill No. 386-35 (COR), introduced by Senator Sabina Perez and co-sponsored by Senator Therese Terlaje, will tie emergency health powers to local procurement law and create a public health emergency purchasing task force.

During the coronavirus pandemic, the government of Guam cited its emergency health powers to bypass traditional emergency procurement laws when contracting quarantine facilities. Emergency procurement laws are intended to provide a means of speeding up the process by which the government purchases goods and services during an emergency, while still maintaining safeguards to prevent abuse or waste. Following the local decision to utilize emergency health powers instead of emergency procurement law to contract hotels, it was found that several facilities were paid for prior to securing signed contracts.

“The initial procurement of the quarantine facilities underscores the need to update our laws to ensure the entire government is on the same page,” said Senator Perez. “We cannot continue to have differing interpretations of the law. Bill 386-35 ensures consistent application of procurement processes when emergency health powers are declared, improves transparency, and holds accountable those involved in the procurement process,” Senator Perez added.

Bill 386-35 clarifies that all purchases made under emergency powers must go through established procurement processes. By having emergency purchases conducted within the scope allowed by procurement law, the bill closes the loophole of purchases being made without proper safeguards. The procurement law is intended to protect the people’s money and ensure that government is following the law.

Bill 386-35 also creates a task force that must be ready to respond in the midst of an emergency, such as the pandemic, and also prepare for future emergencies. This task force, which includes the Chief Procurement Officer, will be responsible for all procurement, management and staffing of the procurement for all supplies and services needed to address a public health emergency. “This task force will facilitate communication with frontline agencies and the Governor and respond to the needs of agencies and the community during the pandemic,” said Senator Perez.

The bill requires that properly trained procurement personnel be involved from the start of an emergency. This ensures procurement decisions are not made in isolation by one branch, but collectively by the task force.

“I want to sincerely thank Senator Perez for holding an oversight hearing on the emergency procurement conducted during the COVID-19 health emergency and for introducing this legislation. The oversight hearing uncovered the blatant disregard of Guam’s procurement law. I understand we were in an unprecedented health emergency at the time, but we have faced many other emergencies before and managed to work within the law. Our government must do better at adapting and improving emergency procurement rather than ignoring it,” stated Senator Therese Terlaje.

“During these uncertain times, it is even more critical that our government utilizes public funds wisely. Our local procurement laws safeguard public funds through transparency and accountability measures. As a result, it is essential that government officials work for the public good by upholding and implementing our local procurement laws,” said Senator Perez.

Senator Therese Terlaje: Statement of Support for Bill 375-35

FOR IMMEDIATE RELEASE (July 6, 2020 – Hagåtña, Guam) – As we observe an uptick in cases of COVID-19 in our community with uncertainty, the one thing we should all count on is the Guam Legislature to make prudent choices for our island that take into account the health and safety of our residents as we ask approximately 53,000 registered voters to come to the polls and express their right to vote this election year.

This is the primary reason I have decided to co-sponsor bi-partisan Bill 375-35, relative to canceling the 2020 primary election, and allowing all candidates to advance to the general election. This bill addresses the significant risk that the global pandemic has on our community and the concerns brought forward by the Guam Election Commission.  This bill will allow GEC more time to prepare for a safe and efficient general election in November.

Making tough fiscally responsible decisions is critical as we face record numbers of joblessness and homelessness while trying to provide critical services for the people of Guam.  The only intent of this legislation is to address the significant threats that we are facing today under these unique circumstances.

I encourage affected candidates and the people of Guam to email my office at: senatorterlajeguam@gmail.com to weigh in on this very urgent bill.

Senator Therese Terlaje requests an updated reminder to all candidates and government employees regarding compliance with the applicable laws regarding political activity on government property and by government employees

“Kudos to Civil Service Commission and Director for promptly responding to my request to send notice to all Gov Guam employees and candidates as to the do’s and don’ts. Posting PowerPoint here for all to read,” stated Senator Therese Terlaje.

The power point presentation below is from the Civil Service Commission regarding the Political Activity Law, 4GCA, Chapter 5.

Emergency Session Was a Call to Inaction

FOR IMMEDIATE RELEASE (May 21, 2020 – Hagåtña, Guam) – Today, legislative session was gaveled in purportedly to address the emergent concern regarding the application of “double-pay” for government of Guam frontline workers. With the notice of session came waivers for public hearing by the Speaker and the potential rescheduling of the oversight hearing on emergency procurement.

Senator Therese Terlaje objected to the placement of bills on the emergency session agenda without requests or motions from the authors to waive the public hearing. It is not normal practice and perplexing that the Speaker, on her own, had waived the public hearings and then consented to immediately adjourn for a public hearing, resulting in no action by the Legislature on any business.

Senator Terlaje stated, “It is obvious now that Speaker declared an emergency without any real intention of discussing or acting on emergency pay. It was a charade, feigned urgency. Very important bills were put on the agenda without public input and without the sponsors’ motion or request (except for Speaker’s bill) and these bills were already pending a public hearing in committee. The integrity of the entire Legislature is put at risk by going along with this questionable and insincere behavior. Calls to session should not be used to serve political agendas but must seek to serve the people’s best interest in the best way possible.”

Senator Therese Terlaje’s Bill to Protect Tenants During Emergency Heard Today

FOR IMMEDIATE RELEASE (May 8, 2020 – Hagåtña, Guam) – A public hearing was held today for Bill No. 321-35 (COR), authored by Senator Therese Terlaje, which intends to protect residential tenants from eviction during a proclamation of a State of Emergency or Public Health Emergency by making it unlawful to evict any residential tenant after the proclamation of a State of Emergency or Public Health Emergency and for a period of 30 days following that proclamation or declaration.

According to Terlaje, the economic impacts of COVID-19 have been significant and threaten to undermine housing security. CDC confirms that homelessness can exacerbate vulnerability to COVID-19 and other public health threats.  Consistent with the Executive Order putting a moratorium on evictions, this measure is meant to put similar protections in statute and extend for a reasonable period beyond the emergency to increase housing security.

During the hearing, several senators urged that relief be extended to landlords and tenants from available federal funds. According to Senator Therese Terlaje, the Deputy Director of GEDA was looking into aid,  and the Governor’s Executive Order has directed DRT to look for foreclosure relief.

Speaker Tina Muna Barnes also pointed to findings that housing relief would be consistent with federal guidelines. Housing aid is not yet indicated as a priority on the CARES budget submitted recently by the Bureau of Budget and Management Research.

“Many are still waiting for unemployment compensation and financial assistance. It is important for the health of our community that we continue this safety net during the emergency and for at least 30 days beyond that period to protect these vulnerable members of the community from losing their place of shelter and safety while the aid programs are put in place and we rebuild our economy,” stated the Senator.

Terlaje: Massive spending calls for more, not less transparency. Now is not the time for Senators to blink.

FOR IMMEDIATE NEWS RELEASE (April 28, 2020- Hagåtña, Guam)

Statement from Senator Therese Terlaje regarding Governor’s veto of Bill No. 333-35

All 15 members of the legislature united together to pass Bill 333-35 in a demand for increased transparency and accountability.  Over the last several weeks, my colleagues and I have written countless letters to the Governor and members of the cabinet asking for clarity on the administration’s plan to purchase more tests, to provide personal protective  equipment (PPE) for our frontline workers, to expedite economic relief for those unemployed and to advise how $129 million in federal relief will be prioritized during this crisis. 

It is perplexing to me why the Legislature, a co-equal branch of government, and the people of Guam would be denied this basic information while they continue to suffer and instead be told by the administration to submit a FOIA.

The unprecedented power and money controlled by a handful of public officials, as a result of this public health emergency, will have long lasting repercussions for every individual on Guam. The legislature’s unanimous call for increased transparency is a whisper compared to the public’s growing discontent and demands for truth and real relief.  We must use facts to dispel doubt about their government and restore a partnership worthy of the people’s trust and cooperation.

I urge my colleagues to stand firm on transparency and expedient reporting of COVID-19 expenditures. Now is not the time to blink or look the other way.

Attachments:

Terlaje will pursue accountability, not an override, for Bill No. 336-35

FOR IMMEDIATE NEWS RELEASE (April 28, 2020- Hagåtña, Guam)

Statement from Senator Therese Terlaje regarding Governor’s veto of Bill No. 336-35

Bill No. 336-35 was introduced three weeks ago, 22 days after the declaration of this unprecedented public health emergency and after four people had died from COVID-19. At that time, despite individual agency efforts, the government had failed to obtain ventilators to expand our ICU capacity, had failed to obtain enough PPE to allay the fear and concerns of our frontline healthcare workers, had failed to obtain enough tests beyond the meager amounts handed out by the CDC, had failed to provide a place for GMH nurses to rest without infecting their families, and had failed to provide safe housing for COVID-exposed homeless individuals.

Those involved in emergency procurement reiterated that these expenditures would exceed the monthly $100,000/month limitation set in the Islan Guahan Emergency Health Powers Act.   In the absence of any clear explanation for the failure, the Legislature unanimously sought to ensure that money was NOT going to be the reason for the delay in obtaining supplies and equipment that other jurisdictions were aggressively pursuing.  

At that point, the administration refused to disclose the source of funding for any emergency expenditures or the details of any FY2020 transfers.  Coincidentally, on the day before we went into session to ensure the swift procurement of these critical items, the first transfer report for fiscal year 2020 was delivered to the Speaker. 

I will not pursue an override to authorize additional spending without accountability.  We need the Executive Branch to account for the money already spent and to demonstrate that these critical supplies made it to the frontlines where they belong.

Attachments:

Senator Therese Terlaje Passes Two COVID-19 Response Measures

Bills Are On The Way To Adelup For Action

FOR IMMEDIATE RELEASE (April 16, 2020 – Hagåtña, Guam) – Bills 336 and 333 passed with unanimous support today at the Guam Legislature during emergency session. Both bills sponsored by Senator Therese Terlaje provide the Governor with tools and flexibility to rapidly respond to the coronavirus pandemic.

Bill No. 336-35 increases the Governor’s current transfer authority under the Health Emergency Declaration from $100,000.00 monthly for 3 months, up to $4 million during the COVID-19 emergency response. The increase in transfer authority removes any potential impediment to compete today in a market where there is a global shortage of ventilators, personal protective equipment (PPE) and COVID-19 test kits.  When these items become available, there should be no barrier within the government’s control to obtain them.  That includes a lack of funding. The bill also allows for transferred funds to pay for temporary housing for COVID-19 exposed medical personnel and homeless individuals to ensure that they get the support that they need to keep their families safe.

Healthcare professionals working to defeat the COVID-19 virus have consistently reached out for assistance in obtaining test kits, personal protective equipment, ventilators and medicines.  Senator Terlaje stated that this bill removes any further excuse or barrier to swift delivery of those items to our tireless frontline medical personnel. 

“I am normally a fiscally conservative person, especially when handling the money of the people,” Senator Terlaje said. “These are not normal times and this increased transfer authority is to secure crucial medical equipment and temporary housing support to protect the lives of our people.”

During session discussion on Senator Therese Terlaje’s second bill, Bill No. 333-35, she stressed the need for accountability to ensure that all monies are spent within federal guidelines and to ensure this aid reaches those intended, who have been impacted by the COVID-19 global pandemic, without any delay or impediment.

While understanding that there are many gears turning to enact the many different provisions for the CARES Act, Bill 333 sets a clear guideline for the government of Guam to operate within ensuring full accountability.  The measure also waives lengthy rulemaking requirements and allows the hiring of new or reassignment of existing personnel to accomplish the required reporting and processing that may be needed for full implementation.

“I want to thank my colleagues for supporting Bills 336 and 333 and for recognizing the need for transparency, accountability and rapid relief for the people of Guam during this very challenging time,” said Senator Therese Terlaje.

Both bills will be on their way to Adelup pending action by the Governor.

Senators Express Their Support For Transparency As Bill 333-35 Reaches the Voting File

FOR IMMEDIATE RELEASE (April 13, 2020 – Hagåtña, Guam) – As Guam anticipates receiving potentially over $300 million in federal assistance, Senator Therese Terlaje stressed the need for accountability to ensure that all monies are spent within federal guidelines and to ensure this aid reaches those intended, who have been impacted by the COVID-19 global pandemic, without any delay or impediment.

After discussion with her colleagues in the 35th Guam Legislature, Substitute Bill No. 333-35 (COR), An Act Relative to the Rapid and Transparent Implementation of Federal and Local Assistance Programs Related to COVID-19, moved to the voting file.  The measure also waives lengthy rulemaking requirements and allows the reassignment of existing personnel to accomplish these purposes swiftly.

Members of the 35th Guam Legislature rose in support of the bill.

“It is very critical to have a sense of transparency at this time.  When there is a lack of transparency there are a lot of questions and also people assume that if there is no transparency that you cannot trust the information being given on the forefront,” stated Vice Speaker Telena Nelson on the session floor.

“We must ensure that government funds are expended in a transparent manner.  [It] provides a strong balance between ensuring this accountability, while continuing to provide necessary funding in a responsive manner,” said Senator Sabina Perez, original co-author of the bill.

Thinking forward, Senator Terlaje recognized that the 2020 budget will be adversely impacted under the current fiscal climate stating “We need to know as much as we can about every single dime that is going to be spent under these programs.”

The Chair for the Committee on Health closed reinforcing that “the bill is intended to accommodate transparency and accountability.”

The measure is now cosponsored by all members of the 35th Guam Legislature.