See February 18, 2021 article below that appeared in the Guam Daily Post for quotes from Speaker Terlaje during session

Lawmakers close to voting on whether to clip governor’s emergency powers

John O’Connor | The Guam Daily Post

Lawmakers continued to debate Bill 11-36 Wednesday, ultimately moving the legislation into the third reading file for later voting, but not without a few amendments.

Bill 11 proposes to remove the governor’s power to extend public health emergency declarations and place that authority into the hands of the Legislature. 

Guam has operated under an emergency declaration since March 2020, but concerns have mounted with the extended declaration, particularly as some businesses find themselves restricted more than others.

Lawmakers could vote to end the declaration at any time under current law, but that needs majority support and there has so far been no such resolution on the table.

Meanwhile, lawmakers have advocated for additional information from the executive branch on its decision-making during the pandemic, which Bill 11 would allow by requiring the governor to seek the Legislature’s approval for renewals.

An initial emergency declaration lasts 30 days before expiring unless renewed by the governor, or the Legislature – if Bill 11 becomes law. 

Lawmakers extended that initial deadline to 90 days through an amendment from Sen. Telena Nelson on Wednesday, which she proffered in order to grant the government time to develop a “battle rhythm” in terms of combating public health threats.

However, the adopted amendment maintains the 30-day limit for any renewals granted by the Legislature.

Speaker Therese Terlaje proposed to maintain renewals at 30 days, and while she generally supported the intent of the bill, she also asked that the findings be deleted from the measure. 

Terlaje said she disagreed with the finding that the governor has acted “in an arbitrary and capricious fashion” while using her authority during the COVID-19 pandemic. 

“I believe she’s acted in very good faith and tried to protect the people of Guam, but I still believe that all of policymaking and policy rearranging and exemptions from policy would benefit from consultation with the Legislature,” Terlaje said. 

Even if the bill passes, the governor has been against the measure, stating that it violates the separation of powers doctrine and could undermine responses to an emergency. 

Several agencies related to public health and emergency response submitted joint testimony to the Legislature on Tuesday, asking that lawmakers reject Bill 11. 

“Perhaps most importantly, our ability to respond to COVID-19 is contingent on continued funding of our response effort,” the joint testimony stated. “All of our agencies, particularly (the Department of Public Health and Social Services), found their budgets drastically cut in the last session.”

The agencies continue to operate with assistance from the federal government, through the Coronavirus Aid, Relief and Economic Security Act as well as reimbursements from the Federal Emergency Management Agency, according to the joint testimony.

Krystal Paco-San Agustin, the governor’s spokeswoman, said federal aid packages are being provided “because every state and territory is in a public health emergency.” 

“Every state and territory has responded differently and the effects on each community (are) different. On Guam, we have done our best to respond to the pandemic, keeping in mind that our highest priority is the health and safety of our people,” Paco-San Agustin said. “Even the CNMI who has not had any community spread of COVID-19 for months is still in a state of emergency. Until we reach herd immunity nationally and internationally a true public health emergency will exist.”

The agencies that wrote to the Legislature stated that if Guam were to end the public health emergency, then it will be essential to identify local resources to support community needs.

That may prove difficult as budget cuts were adopted due to reduced revenue expectations and even then, fiscal year 2021 is tracking to end with a shortfall. 

The local government may receive another $661 million in federal aid through the third round of federal COVID-19 aid.

Terlaje stated that “from all indications” the receipt of this potential funding is “not contingent on the declaration of a health emergency according to Chapter 19” of Guam law, nor would Bill 11 affect the receipt of those funds, she added. 

“What might be affected by this bill is how we move forward in recovery, and how we allocate the $661 million. And it might affect who on Guam will be taken care of and who won’t be. I think it’s a very legitimate question for the Legislature to be involved in because it is the Legislature who’s going to have to allocate remaining government of Guam funds as necessary to those not covered by federal funds.” 

FOR IMMEDIATE RELEASE (February 15, 2021 – Hagåtña, Guam) – With the support of her colleagues, Speaker Therese Terlaje successfully moved Bill 39-36 (COR) to the voting file during the first regular session of the 36th Guam Legislature.  The measure seeks to strengthen enforcement of terms imposed by the Guam Land Use Commission (GLUC) for conditional use permits, variances and zone changes.  Often the GLUC imposes conditions or covenants to address concerns about projects that were brought up at municipal public hearings or through the regulatory agency review process.

Because these conditions are difficult to enforce after a project is completed, the measure would amend the law to increase the Department of Land Management’s (DLM) role in ensuring compliance at three additional stages: during the building permit phase, at the certificate of occupancy phase, and at the approval of business licenses.

There are many examples of projects that despite media and community outcry have not followed through on the conditions placed on them by the GLUC.  Additionally, DLM testified that they do not have a ready list of projects that aren’t in compliance with these conditions and the authority to enforce zoning resides with the Building Official at the Department of Public Works.

“I found it difficult to even track down the conditions of several projects, let alone monitor if those conditions have been met years later.  This bill could close these potential gaps in the ability to ensure projects are compliant by creating opportunities at multiple layers to catch any violations and work with project managers to rectify these issues before it’s too late,” said Speaker Terlaje.

In addition, the Bureau of Statistics and Plans Coastal Management Program also testified at the public hearing that there is no clear mechanism to enforce compliance for stormwater management and environmentally based requirements other than directly through the Territorial Seashore Protection Commission, which is the Guam Land Use Commission, and asked that TSPC enforcement be strengthened as well.

Speaker Terlaje stated, “This bill seeks to remedy the enforcement of terms and conditions of conditional use permits, variances and zone changes by actively including the Department of Land Management to be another check as to whether those conditions or terms are being applied in the project to protect our communities, residents and businesses in our villages and to keep them safe.”

Bill 39-36 proposes to give more authority to the Department of Land Management to enforce terms and conditions imposed by the GLUC even if the property is transferred. The Oversight Chair of the Committee on Health, Land, Justice and Culture added co-sponsors on the bill during session including Senators Chris Duenas, Joanne Brown, Telo Taitague and Sabina Perez.

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FOR IMMEDIATE RELEASE (February 3, 2021 – Hagåtña, Guam) – Guam Memorial Hospital Authority (GMHA) has faced perennial nursing shortages for decades which have impacted the hospital’s ability to maximize bed capacity in its Acute, Emergency, and Clinical Areas.  Each year GMHA loses nurses due to retirement, resignation, or transfer to other public or private entities on island or off-island opportunities. Recently, the GMHA Board of Trustees have explored increasing the 16% differential pay for nurses to 22% in order to achieve parity at Guam Memorial Hospital with competing nursing salaries on and off island but were lacking a funding source to implement this recruitment and retention strategy.  

Bill No. 42-36 (COR), introduced by Speaker Therese Terlaje and Senator Joe San Agustin would redirect a portion of the Annual Community Contribution amount mandated in the Qualifying Certificate (QC) to GRMC to GMHA for the sole purpose of increasing the nursing differential pay at Guam Memorial Hospital Authority to adequately recruit and retain nursing staff at Guam’s only public hospital.  The Annual Community Contribution were recommended in §3.12.02 of QC No. 252 to be allocated to health care (priority to Guam Memorial Hospital and Department of Public Health and Social Services), Medicaid matching, MIP payments; public safety; economic development with a priority on the promotion of the medical industry and small business; higher education, and cultural preservation.

“The nursing shortage at GMH has been well documented for years, underscoring the need for long-term solutions that incentivize filling and maintaining these crucial positions at our only public hospital.  We cannot afford to lose our local nurses to off-island opportunities and must attract and retain our most talented nurses in order to provide the best patient care possible for our community,” stated Speaker Terlaje.  

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FOR IMMEDIATE RELEASE (February 2, 2021 – Hagåtña, Guam) – On behalf of the Guam Legislature, we join the people of Guam and the family of former Democratic Senator Edward T. Charfauros in mourning his passing. Senator Charfauros was elected by the people of Guam to serve our island in the 13th, 14th, 15th, 16th, and 17th Guam Legislatures from 1975 to 1983 and served as a member of the second Special Commission on Political Status from 1975 to 1976.

“I extend my most sincere condolences to the Charfauros family. Senator Charfauros’ legacy lives on through them and the impacts that his work has had on the people of Guam – from supporting our children’s educational needs to ensuring that residents had access to essential utilities and that a responsible and visionary policy for the development of tourism was established,” stated Speaker Terlaje.

During his tenure in the Guam Legislature, Senator Charfauros dedicated his time and work in sponsoring laws that established a vehicle registration notification program, renovated the Inarajan Pool, reserved land for Inarajan Junior High School, provided assistance to non-profit corporations organized for the furtherance of the CHamoru culture, paid public safety officers their overtime pay, provided uniforms, supplies, and equipment for the Police Reserve Command, completed the construction of Agat Junior High School, installed adequate waterlines and pumps in Talofofo, and established a policy for the orderly planned growth of tourism to result in the maximum benefit to the people of Guam.

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FOR IMMEDIATE RELEASE (January 29, 2021 – Hagåtña, Guam) – Speaker Therese Terlaje, Chair for the Committee on Land, is inviting government agencies, Mayors and village residents where Temporary Workers Housing Facilities are planned to testify on Bill 14-36 (COR) AN ACT TO AMEND §61309(c) (4) (A) OF CHAPTER 61, TITLE 21, GUAM CODE ANNOTATED, RELATIVE TO FAST TRACKING GUAM LAND USE COMMISSION CONDITIONAL USE APPLICATIONS FOR TEMPORARY WORKERS HOUSING FACILITIES DURING PANDEMIC CONDITIONS OF READINESS.

Bill 14-36 (COR) is sponsored by Senator Joe San Agustin and proposes to waive the following steps in the regular GLUC permitting process for Temporary Workers Housing Facilities during a pandemic:

• Technical review by the Application Review Committee (ARC) agencies:

• Written notice of public hearing by certified mail  to property owners within a radius of 500 ft.

• Notice of public hearing on a 4’x 8’ sign on the property

• Notice of public hearing by newspaper

• Municipal Public Hearing in the village of the proposed project

• Resolution in support from the Municipal Planning Council

• GLUC Commission Meeting and Action

Current proposals for Temporary Workers Housing Facilities are pending for the villages of Tamuning, Dededo, Barrigada and Mongmong/Toto/Maite.

The public hearing for Bill 14-36 (COR) is scheduled for Thursday, February 4, 2021 at 2 pm via Zoom.  For individuals wishing to provide live testimony via videoconferencing, please contact our office by email at senatorterlajeguam@gmail.com to register or call 671-472-3586 by COB on Wednesday, February 3, 2021.

Written testimony may be delivered to the Office of Speaker Therese M. Terlaje at 163 W Chalan Santo Papa, Hagåtña, Guam 96910 or via email to senatorterlajeguam@gmail.com.

Bill 14-36 (COR) can be viewed here:   http://www.guamlegislature.com/36th_Guam_Legislature/Bills_Introduced_36th/Bill%20No.%2014-36%20(COR).pdf

Committee Looks for Solutions to Expedite the Process

FOR IMMEDIATE RELEASE (January 21, 2021 – Hagåtña, Guam) – In an effort to solve systemic delays in the land use application process, Speaker Therese Terlaje, Chairperson of the Committee on Land, held a critical oversight with the Department of Land Management, the Guam Land Use Commission and Application Review Committee (ARC) members.  The projects range from approval for conditional use, variances, zoning, and subdivisions among others.  There are generally five steps in the GLUC process beginning with the Preliminary Application Interview (PAI), then the Application Review Committee position statements, the Municipal Public Hearing, the Municipal Planning Council public hearing if necessary, followed by the GLUC public meeting and action (approval or disapproval). 

Pursuant to Public Law 33-209, ARC members are required to submit position statements that provide information regarding surrounding infrastructure and the potential impacts of the project within thirty (30) days of receipt of the application. However, as discussed during the hearing, certain agencies, despite diligent efforts, have not been able to meet that deadline due to other agency priorities, staffing shortages or the need for complex and technical reviews for certain projects.  When asked if the agency review process through the ARC should be bypassed to expedite the review by Senator Chris Duenas, a majority of the agency members opposed it.

Additionally, COVID-19 restrictions have prohibited the public hearing process for most of 2020, however, Chief Planner Celine Cruz advised that protocols are being put in place to address sanitation and safety in order to resume public hearings by next month for eight applications that are at this step of the process.

Dr. Anita Enriquez, Chair for the Guam Land Use Commission, advised that GLUC meetings have resumed twice monthly since November.  She reported that action was taken on all items on the GLUC agenda, the fifth and final step of the process, and was mindful of delays occurring at earlier phases of the five-step process.

“There appears to be some progress, but I want to find more ways to assist the Commission and all agencies tied into this process, to make it a more timely and precise process, that nurtures development and investment while not compromising the safety of the community and our resources,” stated the Speaker.

Land Management Director Joe Borja recognized that most agencies have timely submissions of their position statements, however, he noted that the Bureau of Statistics and Plans, Guam EPA and Department of Agriculture have submitted statements after 60 days.  Responses on delays from stakeholder agencies ranged from funding issues, onerous workflow, manual processes, and shortage of staffing in specific planning departments.

With particular concerns raised about housing for temporary workers for construction projects in the near future, Chief Planner Cruz advised that there are three temporary workforce housing conditional use applications in the first stage of the process requiring review by DLM, one that is pending ARC action, and two that are pending a municipal public hearing.  There were none that were ready to be placed on the GLUC agenda for action. Director Borja added that there were 22,000 previously approved temporary workers housing units but less than 3000 have been built.

Speaker Terlaje acknowledged that the agencies are adapting to public health mandates and stated, “We currently have between 40 to 50 applications of different types pending from last year and moving through the process and we know these projects represent millions of dollars in investment.  I urge the executive branch agencies and the Commission to continue to work with developers and the Legislature to promptly address the delays and impediments.”

The oversight hearing can be viewed on Youtube at the Guam Legislature Media Channel.

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FOR IMMEDIATE RELEASE (January 20, 2021 – Hagåtña, Guam) – The 36^th Guam Legislature commemorated the Nationwide COVID-19 Memorial on the front steps of the Guam Congress Building at 8:05 AM on Wednesday, January 20, 2021. A moment of silence was observed and the tolling of the bells occurred at 8:30 AM in honor of each life lost on Guam due to COVID-19.

The event was broadcast on local television, GTA Channel 21, Docomo Channel 117/60.4, and streamed online via I Liheslaturan Guåhan’s live feed on YouTube.

https://www.pacificislandtimes.com/post/terlaje-vows-to-restore-public-trust-in-legislature

Terlaje vows to restore public trust in legislature

Newly elected speaker leads a slim Democratic majority

Newly elected Speaker Therese Terlaje, who will lead a slim Democratic majority in the 36th Guam Legislature, vowed to promote transparency in government and restore the public’s lost confidence in the law-making body.

“It is time to ensure faith in government, to lead by example by promoting openness and accountability which fosters trust,” Terlaje said in her inaugural speech Monday, acknowledging the odds being faced by the legislature.

“We will be greatly challenged. We will need bi- partisanship and cooperation. It will take the best of our individual and collective ideas, and the critical scrutiny to create the type of strong policy to restore prosperity and stability to the lives of those we serve.”

Senators were sworn into office on Monday and sealed the chamber’s leadership.

Leaders of the 36th Guam Legislature

Speaker Therese Terlaje

Vice-Speaker Tina Muna Barnes

Legislative Secretary Amanda Shelton

Committee on Rules Tina Muna Barnes

Majority Leader Telena Nelson

Assistant Majority Leader Amanda Shelton

Majority Whip Sabina Perez

Assistant Majority Whip Joe San Agustin

Minority Leader: Sen. James C. Moylan

Minority Whip: Sen. Frank F. Blas Jr.

Democrats lost grounds when Republicans picked up more seats in the last election. The 36th Guam Legislature comprises eight Democrats and seven Republicans, making it a bit more challenging for Democratic Gov. Lou Leon Guerrero to retain her clout in the new chamber.

The 36th Guam Legislature sees the return of reelected incumbents and former Republican senators including Joanne Brown, Chris Duenas, Frank Blas and Tony Ada.

In the 35th Guam Legislature led by then Speaker Tina Muna Barnes, Republicans had been vocal against the administration’s perceived lack of transparency with its handling of the Covid-19 relief funds from the federal government.

“We can and we will rebuild our island together, more fortified and united as we bring the people of Guam along in this process,” said Terlaje, who was the top vote-getter in the November elections.

“Many people had lost faith that the legislature could make change. And I wanted to change their perception of the Legislature. I have tremendous respect for this institution because of the ability of early Guam Legislatures to point out inequities, to demand justice, to realize that loss of land was an irreparable injury to generations of Chamorros, and I continue to believe that the people of Guam deserve a thoughtful, a deliberative, and a responsive legislature.”

Terlaje urged residents to engage with their elected representatives.

“With the support of my colleagues in the 36th Guam Legislature, we will work to raise the standard to which we will hold ourselves and the government accountable, to continue to advocate for the preservation of legislative authority as representatives of the people of Guam, and most importantly, continue to earn the respect and trust of those who have placed us here,” she said.

In a statement, the governor said she is excited to work with Terlaje and the members of the 36th Guam Legislature.

“As the New Year begins, we know that we have a great deal of work to do creating jobs, kickstarting our economy, and improving the lives of our people,” the governor said.

She also welcomed the new and returning mayors and vice mayors.

“Though none of us can do it alone, together we can solve problems and make the government a powerful force for good,” the governor said.

At the legislature, Terlaje said senators will prioritize oversight of Guam’s recovery and will work with the administration to ensure the health and safety agencies are given resources needed to get the island back on its feet.

“I am hopeful that this legislative body will engage in healthy debate based on truth and facts that will support and challenge each other to find long-term solutions to many of the issues that have plagued our island all these years,” Terlaje said. “The path forward will require true collaboration, openness, fairness and all the important things we strive for as a branch of government.”

The Republican Caucus said it “looks forward to working collectively and in a bi-partisan manner to address the many issues plaguing our Island, with economic recovery being the most paramount.”

In a statement prior to the inauguration, Vice-Speaker Tina Muna Barnes said, “Now more than ever our people need leaders that are relentlessly focused on bringing Guam back. I join my colleagues in congratulating Speaker Therese and I look forward to working with her for the good of Guam. Together we can demonstrate that everything that is wrong with Guam can be fixed by all that is right with Guam. I thank our people for the opportunity to continue serving them with heart and commitment.”

Democratic Party of Guam Chairperson Sarah Thomas-Nededog said “It’s been an honor working with our democratic senators to determine the leadership for the 36th Guam Legislature. Each of these passionate individuals exhibited incredible commitment to the best welfare of our people. There truly was intense discussion, sometimes debates, but always a clear focus on working together. I am pleased of the outcome of these sessions which resulted in our people winning.”