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.”
Bill No. 430-35 (LS) Prioritizes Access to Justice for Victims and Fairness for Medical Community
FOR IMMEDIATE NEWS RELEASE (December 15, 2020- Hagåtña, Guam)
Today, Health Oversight Chairperson Therese Terlaje and Minority Leader Telo Taitague introduced Bill No. 430-35 (LS) which replaces Guam’s nearly 30-year-old Medical Malpractice Mandatory Arbitration Act (MMMAA) with a less costly pre-trial screening proposal. The MMMAA requires individuals claiming to have been victims of medical malpractice, to first arbitrate their complaint before filing suit in court.
If approved, Bill No. 430-35 (LS) allows a claimant (plaintiff) to file their claim in court where a Magistrate Judge is responsible for determining whether there is evidence to support the conclusion that a healthcare provider (defendant) failed to comply with the appropriate standard of care. The Magistrate Judge may consider expert testimony, and shall keep the complaint, proceedings, and opinion sealed until 30 days after issuance of opinion; however, the Magistrate may order the opinion sealed temporarily for an extended period or permanently upon agreement by the parties, if a trial is not pursued. Either party may pursue their right to a jury trial within 30 days after the Magistrate Judge renders his or her opinion by notifying the court of the party’s intent to proceed to trial.
Additionally, parties may at any time by mutual consent, submit their dispute pursuant to the provisions of either the Guam International Arbitration Law or Guam’s Mediation statute. Claims against any defendant that is for $10,000.00 or less shall be exempted from the new legislation if they are filed with the Small Claims Division.
“Given that we are nearing the end of the term of the 35th Guam Legislature, it is our intention to immediately enlist public feedback but it is likely additional hearings on medical malpractice reform will have to be further pursued in the 36th Guam Legislature. We value the input of everyone in the community and look forward to further discussion regarding this legislation,” stated Senator Therese Terlaje.
Last year, the 35th Guam Legislature – through the leadership of health committee Chairperson Therese Terlaje – held a series of informational hearings on Guam’s MMMAA. The very difficult but necessary dialogue brought to light legitimate concerns from families of alleged victims about the high cost of the arbitration process serving as a barrier to asserting viable medical malpractice claims and to the pursuit of justice. We also heard the concerns from doctors that a repeal of current law may increase frivolous lawsuits, potentially increase malpractice insurance costs, deter doctors from providing emergency care outside their specialty, and ultimately impact the quality and extent of patient care they provide.
“Following the hearings, I have been working diligently, to consider alternative pre-trial procedures used in other jurisdictions and to draft viable and balanced legislation for Guam that takes all concerns into account, as much as possible yet provides some justice for those who cannot afford arbitration,” stated Senator Therese Terlaje.
“Senator Therese and I introduced Bill No. 430-35 (LS) after many months of research and discussions with families of medical malpractice victims, healthcare providers, and a series of public informational hearings conducted by the legislature. This measure prioritizes access to justice for victims and fairness for Guam’s medical community, particularly after the U.S. District Court of Guam recently issued an order asking the Supreme Court of Guam, ‘is failure to comply with the MMMAA’s arbitration requirement equitably excused when an indigent party cannot reasonably afford the non-administrative fees of any organization authorized to arbitrate under the Act and no alternate means of completing arbitration is available?” Senator Taitague stated.
“It appears the constitutionality of the MMMAA is in question. If there is a determination by the court that the MMMAA is unconstitutional, healthcare providers could be left vulnerable to baseless medical malpractice lawsuits which would harm not only their practice but the broader healthcare system on Guam. Bill No. 430-35 (LS) protects a victim’s right to legal action – while ensuring that a medical malpractice case is properly reviewed before moving forward through the court system, mediation, or arbitration.”Senator Taitague further stated.
For additional information regarding the bill or press release, please contact Senator Senator Therese Terlaje’s office at 472-3586 or send an email to senatorterlajeguam@gmail.com or Senator TeloTaitague’s office at 989-8356 or send an e-mail to senatortelot@gmail.com.
Please see Senator Therese Terlaje’s full statement to the media regarding the PATT below:
“While the proposed 2020 agreement is only 14 pages, the Appendix A is 96 pages long and contains important information regarding training activities and potential training areas that needs careful review. Appendix B also proposes Standard Operating Procedures regarding the handling of human remains uncovered due to “any action, undertaking, or activity (including those caused by natural occurrences such as erosion) on DoD-retained lands on Guam”. It is unclear if the language in the SOPs will be applied to any activity including clearing or construction, not just training and testing activities in this PA, which could possibly widen the scope of this proposed 2020 Programmatic Agreement to any uncovered human remains disturbed by the military. The SOPs must be reviewed thoroughly and compared to existing local reburial guidelines. We should not feel rushed into an agreement without complete confidence that it is in the best interest for the community.
I am very concerned about the increased number of training areas in the proposed 2020 PA that were not included in the 2009 Programmatic Agreement. At first glance it appears that 20 different training areas were identified outside of Anderson Air Force Base (which includes DanDan Malojloj, Camp Blas South, Nimitz Radio Barrigada, Piti Floating Mines, Agat Bay Mine Neutralization Site, Nearshore waters of NBG and other areas), and 7 training areas were identified inside Anderson Air Force Base. The 2009 PA listed only Naval Base Guam (NBG) Main Base, portions of the Naval Ordinance Annex, 7 training areas within AAFB, and 5 training areas in Anderson South. Maps and descriptions of possible training activities were included in Appendix A of the 2020 PA, but the maps did not include a listing of known historic sites in and around the surrounding 27 proposed training areas.
In addition, the 2020 PA requires that the agreement be signed first, before JRM provides (GIS) documentation of sites identified as eligible for listing on the National Register of Historic Properties (NRHP) and copies of all archeological survey reports available to DoD covering the eligible sites. (See Part A of Stipulation VII in the draft PA). JRM has six months after the execution of the agreement to provide such information. This survey information and documentation of historic sites should be provided upfront before the government of Guam agrees to any proposed training sites. If the agreement is signed before it has complete information regarding its historic sites, it allows for “no further review or consultations under this PA” in all 27 proposed training areas and ultimately ties the hands of the State Historic Preservation Officer and the community from fully protecting our historic sites.
I recognize some of the enhancements in this draft 2020 Programmatic Agreement in comparison to the 2009 PA such as the inclusion of annual meetings and public notice for trainings. I will insist that any annual meetings be open to the public as I have insisted these last 4 years for the 2011 Relocation Programmatic Agreement annual meetings.
I do not support a Programmatic Agreement with no expiration date. While the agreement technically allows for termination at any time, it is in the best interest for the people of Guam to require cumulative studies of the impacts of training and testing and insist renegotiations based on data at least every 5 years. This is the type of information the community and I have been asking for since the negotiations for this PA started two years ago and it is irresponsible to move forward with an agreement without a true assessment of impact and safeguards. Training and testing activities include detonations, sonar, live fire, helicopter training, and other activity. When these are done over our villages and in our fishing grounds and habitat, or in the vicinity of ancient burial grounds and cultural sites, these have growing cumulative impacts on Guam. The draft agreement fails to acknowledge cumulative impact. Even the 2011 Relocation PA with all its faults acknowledged massive cumulative impacts, and included required mitigation such as the Repository, a Museum, publication of research and assistance to the SHPO’s office.
The 2009 PA required field monitoring and report submission. We have yet to see reports of impacts from training under the MIRC and MITT from 2009 to 2020, and the negotiations on the new MITT was the opportunity to ensure past obligations were met and a true mechanism to ensure compliance in the future. The former SHPO had ensured that meetings with DoD regarding the MITT were open, and my office set up working meetings with Guam Preservation Trust, the Attorney General, senators, and others in hopes of a unified Guam approach intended to collectively strengthen the SHPO’s negotiations. In the last several months, consultations stopped being public and the SHPO and DoD came to this draft agreement and now invite public comment after the fact, putting a huge burden on the people of Guam during the holidays to voice their concerns before an agreement is signed. We expect the SHPO to consult with the people of Guam before negotiating for us. It was disappointing that an extension of the prior MIRC/MITT agreement was granted without obtaining the information that had been required of the agreements all along.
The implications and consequences of entering into a Programmatic Agreement are enormous and must be scrutinized with extreme care and deliberation. Training stretches far off the bases into our villages, fishing grounds, and cultural sites almost daily and yet we continue to be in the dark as to which cultural properties are affected and what the true impacts are on our communities.
We have seen time and time again the removal of ancient artifacts, latte, lusong and human remains because the agreements were not explicit about preservation in place or details regarding acceptable forms of mitigation. Guam must learn from its past errors and stop losing in negotiations. We must ensure that any agreements made going forward protect Guam’s remaining historic sites and precious resources for the Chamorro people and the residents of Guam.
I plan to ask the SHPO again to conduct meetings with the community, prior to signing the agreement, where he can explain the expanded training sites, the cultural sites impacted, and what the differences are with this new agreement.
I encourage all community members to submit comments and concerns before December 16th regarding the draft 2020 Programmatic Agreement to advance our efforts to protect our cultural and historical resources.”
Residents can view the draft PATT document at https://historicguam.net/project-title-training-area-selection/, where there is also an option to submit comments. Comments can also be emailed to guamshpo@gmail.com. The public comment window closes Dec. 16.
Please see Senator Therese Terlaje’s public comment submitted to the U.S. Army Corps of Engineers regarding Docket number COE-2020-0015 – U.S. Army Corps of Engineers (Corps) regulations to establish a danger zone at the U.S. Marine Corps Base, Camp Blaz in the Pacific Ocean, Guam.
RE: Comment regarding Docket number COE-2020-0015 – U.S. Army Corps of Engineers (Corps) regulations to establish a danger zone at the U.S. Marine Corps Base, Camp Blaz in the Pacific Ocean, Guam
Håfa adai Mr. Olson,
I oppose the establishment of a danger zone comprising approximately 3,660 acres extending into the Pacific Ocean approximately 2.8 miles from the north coast of Guam adjacent to the Mason Live-Fire Training Range Complex (LFTRC), which would limit public access to surrounding beaches, fishing areas and ancestral lands. The LFTRC sits atop the ancestral villages of Tailalo and Ritidian near Northwest Field which is home to many of Guam’s endangered species and approximately 100 known ancient artifacts and historic resources.
Avoidance is spelled out as a priority in the 2011 Programmatic Agreement for Military Relocation to Guam and CNMI (PA), but in the case of the live-fire training range and many other projects, the military has declared itself unable to avoid the impacts to historic properties and the environment on Guam. Due to the foreseen impacts to the ancient villages and to the limestone forest, Litekyan/Ritidian was deemed the least suitable and most harmful alternative at the time the PA was signed, and the ancient village at Pågat was removed from the list of alternatives.
Ritidian is one of the most culturally rich places on Guam. Archaeologists have reported that the area was the site of a thriving CHamoru village that predates the arrival of the Spanish in 1521 by over 600 years. Dr. Mike Carson has also reported that Ritidian has a 3,300 year old fishing camp. The area is also one of the few places that Chamorros can access cave drawings, latte sets, limestone mortars, burial grounds, medicinal plants, fishing grounds, and turtle nesting grounds. In addition to the cultural significance of Ritidian, original landowners are still seeking justice for land takings in the area. The government of Guam has made it a policy to defend Ritidian from federal control. Cutting off public access hurts the people of Guam’s ability to pay homage to its ancestors, practice its culture, and learn more of its history and sustainable practices that allowed them to survive on Guam for over 3000 years.
Since the Record of Decision for the Final SEIS regarding historic properties was announced, the State Historic Preservation Officer has discovered historic properties that were not considered by the Department of Navy when the Record of Decision to locate the live-fire training range at Northwest Field was made and has consistently requested for a resurvey of the area where the largest of the firing ranges (the multi-purpose machine gun range) is proposed. During the military’s clearing and grading for four of the five firing ranges, 14 known historic properties have already been cleared of all artifacts. Nine additional sites containing human remains and six sites containing historic artifacts at the complex were inadvertently discovered, among the approximately eighty other known historic properties in the surrounding area. I request that the comment period for the regulations of the surface danger zone for the LFTRC remain open until a resurvey is complete. Findings in the resurvey may require the design of the LFTRC to be altered to allow for historic properties to be preserved in place to avoid adverse impacts as intended in the Programmatic Agreement.
The Final SEIS, the Biological Opinion, and other documents outline the clearing of a total of 1,219 acres of limestone forest habitat, including the clearing of 187 acres of limestone forest habitat at Northwest Field, the clearing of 212 acres of limestone forest habitat for the hand grenade range, urban terrain training area and other activities at Andy South, the clearing of 12 acres of limestone forest habitat for well fields and water system at AAFB, and the further clearing of 683 acres of limestone forest for cantonment at Finegayan.
The Biological Opinion (BO) also discusses the significant adverse effects on endangered or threatened species from the proposed destruction of habitat, especially the limestone forest habitat. It states that of the 23 endangered or threatened species located in Micronesia, 13 were found to occur adjacent to or within the proposed project areas. Among the species to be threatened is the Serianthes nelsonii tree, the last reproductive tree on Guam. In particular, the BO, regarding the Live-Fire Training Range at Ritidian Point and the effects on the Guam National Wildlife Refuge states:
“The largest effects on listed species habitat in terms of habitat fragmentation will be on AAFB near Ritidian Point from construction of the LFTRC. This area currently contains a large expanse (over 350 ac {142 ha}) of high-quality primary limestone forest that serves as occupied habitat for the Mariana fruit bat, Mariana eight spot butterfly, B. guamense, D. guamense, Tuberolabium guamense, C. micronesica, H. longipetiolata, and T. rotensis, and unoccupied habitat for the Guam tree snail, fragile tree snail, and humped tree snail (DON 2017a, p. 44). This primary limestone forest is also contiguous with GNWR, providing an even larger forested area serving as habitat for the above eleven listed species. In total, approximately 78 ac (32 ha) of primary limestone forest and 109 ac (44 ha) of secondary limestone forest would be permanently cleared for construction of the LFTRC.
In addition to LFTRC clearing activities, the proposed action will create a Surface Danger Zone (SDZ) over approximately 68 percent of the GNWR at Ritidian Point during operation of the LFTRC. The SDZ will cover the GNWR access road, visitor center, offices, and other facilities and thereby limit access to the GNWR while firing occurs at the LFTRC. Any entry into GNWR will require scheduling with and approval by LFTRC Range Control personnel. The limited access that GNWR staff will have to the refuge property during the estimated 39 weeks per year the LFTRC is active will limit the amount of habitat management that can occur at the GNWR. This could have an adverse effect on listed species by: 1) limiting maintenance of the predator exclusion fence at the GNWR, 2) limiting maintenance of native out-plantings, 3) limiting invasive plant control, and 4) limiting effective ungulate control. Per Section 2822 (Establishment of surface danger zone, Ritidian Unit, GNWR) in the 2015 National Defense Authorization Act, the Service and the DON may enter into an agreement to establish and operate a SDZ over the GNWR. The agreement may include relocation and reconstruction of GNWR facilities, mitigation for impacts to wildlife species, and use of DoD personnel to complete GNWR conservation actions; however, this agreement is not yet in place. Therefore, in this analysis we assume that the operation of the LFTRC will have an adverse effect on listed species by preventing the management, research, and monitoring that would have otherwise occurred at GNWR.”
The establishment of the surface danger zone extending 2.8 miles from the shore and over the LFTRC would be in addition to the approximately 980,000 square nautical miles identified as the “testing and training” area of the Marianas Island Testing and Training (MITT) activities. From my review of the Final MITT SEIS/OEIS, training and sonar at the proposed levels would continue to have significant cumulative impacts on marine mammals and sea turtle species in the area defined by the MITT, and would also limit access to fishing and recreation during testing and training activities. Our oceans and our land are Guam’s most precious resources and must be preserved and protected from activities that will threaten its ecosystems. Permits obtained by the Navy from the National Marine Fisheries Service for the 2020 MITT allowed 67,724 takings (kills) of 26 different marine mammal species (including whales and dolphins) per year for 7 years due to detonation, sonar, and other training and testing activity within the MITT. The 2015 MITT study area authorized 12,580 detonations of various magnitudes per year for 5 years. The previous MITT also allowed 81,962 takings (kills) of 26 different marine mammal species (including whales and dolphins) per year for 5 years due to detonation, sonar, and other training and testing activity within the MITT. The 2015 MITT also allowed damage or kill of over 6 square miles of endangered coral reefs plus additional 20 square miles of coral reef around Farallon De Medinilla through the use of highly explosive bombs.
In addition to the MITT, a small arms danger zone near Haputo was also established which further limits access during military training exercises. The fishermen already have to adhere to existing limitations around marine preserve areas and seasonal weather restrictions. The additional closures of fishing grounds caused by the LFTRC danger zone, MITT training area, and Haputo small arms danger zone to existing fishing limitations makes it increasingly difficult for the community to access safe areas to fish.
In light of many concerns listed the above, and on behalf of those on Guam who will be irreversibly harmed by the bulldozing of limestone forests and construction of the live-fire training range on Guam and the limited of public access to Ritidian and its surrounding areas, and on behalf of the people of Guam who have not consented to their lands, waters, and resources being used for these purposes, I object to further expansion of the military’s footprint and the resulting decrease in access to fishing grounds and cultural sites within the proposed danger zone. Training activity and corresponding danger zones should be made to fit the land set aside for said purpose and not extend to the water and ocean ecosystems, wildlife refuge, and cultural sites. I also request that you extend the comment period for the regulations for a surface danger zone to allow additional time for government agency leaders and federal partners to ensure the preservation and access to our ancient villages and pristine resources. At the very least, the rules should include that traditional cultural practitioners, local fishermen, and original landowners be given priority access with minimal limitations and be consulted during the scheduling of danger zone closures.
In conclusion, I oppose the proposed rule that would limit the community’s access to Ritidian and its surrounding areas for live fire training. Guam, after many decades, continues to demand for federal cleanup and compensation for past contaminations, land takings, exposure to nuclear testing radiation, Agent Orange, and other contaminants. The cumulative adverse impacts of contamination from previous actions and the potential effects of this danger zone limiting public access, the clearing of our forests and historic sites, and the expansion of the military control of lands and waters can and should be avoided as a matter of health, safety, indigenous rights, sustainable fishing, cultural practice, and socioeconomic prosperity of the people of Guam.
FOR IMMEDIATE RELEASE (November 23, 2020 – Hagåtña, Guam) – Senator Therese Terlaje, Chair for the Committee on Health, Tourism, Historic Preservation, Land and Justice, with the support of her colleagues in the 36th Guam Legislature, successfully moved to the voting file Bill No. 419-35, As Substituted by Committee and further substituted on the floor, AN ACT TO ADD A NEW CHAPTER 75A AND TO AMEND § 75109(a) OF CHAPTER 75, BOTH OF TITLE 21, GUAM CODE ANNOTATED, RELATIVE TO PRESERVING THE LAND RESTORATION AND JUSTICE MISSION OF THE CHAMORU LAND TRUST.
The changes to the Chamorro Land Trust Act proposed in the bill are intended to more clearly demonstrate that the Chamorro Land Trust program is a land restoration program meant to rectify the unjust taking of Chamorro homelands by the United States federal government between 1898 and 1968, and would expand the program’s eligible beneficiaries to include individuals and their descendants who owned or who ranched, farmed or otherwise occupied the lands that were taken.
Senator Terlaje thanked the many people who fought tirelessly to preserve the Chamorro Land Trust program including the late Senator Paul Bordallo, Senator Dick Taitano, Senator Angel Santos and Ed Benevente. She also recognized the recent work of those who represented the best interests for the people of Guam during the settlement agreement which included former Chairperson of the Chamorro Land Trust Commission, Pika Fejeran, former Deputy Attorney Ken Orcutt, Attorney Mike Phillips, Deputy Attorney James Canto, among others.
Terlaje closed discussion on the session floor stating, “I am honored to be part of ensuring the history of the Chamorro Land Trust Act and its original intent to provide justice to those whose land was taken. As I said at the hearings on these bills, we have seen firsthand the impact of the massive land takings on Guam’s families. Too many of our families live in poverty and decades later, without a stable place to live, and their ability to use the land to provide for their families is severely disrupted. It took years of vision, courage, advocacy, protests, and even lawsuits to get where we are today and in honor of those who preserved these rights, we must never stop fighting for, protecting, and expanding the potential of this land and its precious resources to nurture and sustain future generations.
It is our duty as lawmakers to safeguard the land restoration mission of the Trust, to protect the Trust from being raided by special interests; to manage the Trust better and to make it more conducive to thriving residences, agriculture, and cottage industries; and to carry these homeland programs into perpetuity for future generations as intended, so that we may truly remedy the long-term injustice of these massive land takings.”
The Oversight Chair thanks her colleagues in the 36th Guam Legislature for moving the measure forward and their words of support during today’s discussion on the bill.
Bill 419-35 is in the Third Reading File pending a vote at the close of session.
FOR IMMEDIATE NEWS RELEASE (November 5, 2020- Hagåtña, Guam)
On Thursday, Bill No. 419-35, introduced by Senator Therese Terlaje, Chair for the Committee on Land, was heard publicly during a Committee virtual hearing. Bill No. 419-35, is an Act relative to preserving the land restoration and justice mission of the CHamoru Land Trust.
CLTC Commissioner Arlene Bordallo, former CLTC Chairman Pika Fejeran, CLTC Administrative Director Jack Hattig, Deputy Attorney General James Canto, and Attorney Michael Phillips provided testimony in strong support of Bill No. 419-35.
The changes to the Chamorro Land Trust Act proposed in the bill are intended to more clearly demonstrate that the Chamorro Land Trust program is a land restoration program meant to rectify the unjust taking of Chamorro homelands by the United States federal government between 1898 and 1968, and would expand the program’s eligible beneficiaries to include individuals and their descendants who owned or who ranched, farmed or otherwise occupied the lands that were taken.
“It [Bill No. 419-35] lifts the cloud that I believe has muddled the general public’s understanding of the Chamorro Land Trust Program. When I joined the Commission in 2016, even up to today, there are a lot of people in the general public that don’t understand that the CLTC program is not a discriminatory program. It really is a compensatory program that is meant to rectify the wrongs done in the past.” stated Pika Ferejan during the public hearing.
Fejeran went on to state, “I urge all of the senators to please support this bill as it is written. The settlement agreement that we agreed to, all of the points are in this bill. It more clearly defines the program as a land restoration program. It also expands eligibility for our program to more accurately find and provide land to all of those that were affected by the land takings, and it also provides a compassionate measure in certain instances for life estates for spouses of eligible lessees. I also appreciate language in the bill that plainly states that the bill and the settlement does not absolve the U.S. from returning or restoring other lands to the people of Guam.”
Director Hattig registered his support at the hearing by stating, “There are three key aspects of the legislation that are of great benefit to the Trust beneficiaries: 1) it preserves the program in its entirety after many years of hard fought legal challenges from its implementation to its fundamental eligibility requirements in such a way that no current leaseholder will be adversely affected, 2) it clearly restates the eligibility requirements that are not discriminatory, and 3) it further expands said eligibility to persons who farmed, ranched or otherwise occupied land and their descendants. So I urge the Legislature to please support this very important piece of legislation as we will finally move forward with the Land Trust mission.”
Deputy Attorney General Canto stated, “While we do defer to this body on public policy decisions affecting the Chamorro Land Trust Act and the Chamorro Land Trust Commission, we offer our wholehearted support for Bill No. 419, as introduced, to the extent that it includes the required amendments, and therefore meets the terms agreed to by our clients and the other parties of the settlement agreement.”
Attorney Michael Phillips, who was instrumental in enlightening the federal court and Department of Justice of the Guam story regarding land takings during settlement agreement negotiations, provided history and background on the Chamorro Land Trust Act. In his testimony of support of Bill No. 419-35 he said, “My intent is to ensure that if your kids or their kids ever have to tell the Guam story again, that we have it somewhere because that’s really what we were missing here.” Phillips ended his testimony by further stating, “This is historic and it’s a really good day for the people of Guam.”
“I am grateful for everyone who has preserved the Chamorro Land Trust program for us, who never stopped fighting for, protecting, and expanding the potential of this land and its precious resources. This bill recognizes the land use history of the people of Guam and will expand residential and agricultural leases to those individuals and their descendants whose use of land on Guam was disrupted due to land takings. I am very honored to be part of ensuring that the original intent of the Chamorro Land Trust Act is protected,” stated Senator Therese Terlaje.
Another virtual public hearing on Bill No. 419-35 is scheduled for November 9th at 5:00 p.m. to solicit more input from the community. Senator Terlaje is inviting all members of the community to provide oral or written testimony. You may register with the Office of Senator Therese Terlaje for the November 9th virtual public hearing by emailing senatorterlajeguam@gmail.com or calling 472-3586.
To view the full public hearing, please see video below:
FOR IMMEDIATE NEWS RELEASE (October 28, 2020 – Hagåtña, Guam)
The Committee on Health, Tourism, Historic Preservation, Land and Justice held a public hearing today on a series of four bills that were introduced by Senator Therese Terlaje at the request of the Judiciary as a means to address the backlog of cases in the courts due to the public health emergency and pandemic. The language and proposed amendments to statutes in Bills 408-35, 409-35, 410-35, and 411-35 were adopted by the Judicial Council of Guam in August of this year and the draft bills were sent to the Legislature on September 23rd.
“In an effort to assist the Judiciary in alleviating its backlog of cases, I introduced these bills with the exact same language as proposed by the Judicial Council and Chief Justice. We learned today that the real root of the backlog issue may be the limitations of the court facilities to safely conduct 12 member jury panels and bring in jurors to conduct voir dire. Based on information from today’s public hearing and concerns from local criminal defense attorneys, I will seek further input on Bills 409, 410, and 411 and ensure that we have exhausted all means available to expand our courtroom facilities and address the concerns raised,” stated Senator Therese Terlaje.
During the public hearing, the Judiciary noted that in conformance with operation restrictions set by Executive Order, it is currently utilizing only one courtroom for 12 person juries due to current health protocols and guidelines, and indicated that renovations on two other large courtrooms are underway and will not be available until December or January. The Judiciary also estimated that it is currently experiencing a backlog on 175 arraignments and 300 criminal cases.
Testimony from the Judiciary and the Office of the Attorney General was in support of all four bills. Attorneys from the Public Defender Service Corporation, Alternate Public Defender, and private firms provided testimony in support of Bill No. 408-35, but opposed Bills 409-35, 410-35, and 411-35 for their potential restrictions on the rights of defendants.
“I appreciate the suggestions shared during the hearing and I am very open to any additional feedback as to how we can help the courts alleviate the backlog they have now or may have going forward. We need to strike a balance between adjudicating and administering justice as efficiently as possible without impeding on individuals’ rights or holding persons in prison longer than necessary, particularly during the pandemic. I welcome the community and all stakeholders to submit input to my Committee until November 6th,” stated Senator Terlaje.
Testimonies may be submitted to the Committee on Justice via the mailroom of the Guam Legislature in the Guam Congress Building, or through email at senatorterlajeguam@gmail.com.
FOR IMMEDIATE NEWS RELEASE (October 12, 2020- Hagåtña, Guam)
On Friday, Senator Therese Terlaje, Chair for the Committee on Land, introduced Bill No. 419-35, an Act relative to preserving the land restoration and justice mission of the CHamoru Land Trust.
The changes to the Chamorro Land Trust Act proposed in the bill are intended to more clearly demonstrate that the Chamorro Land Trust program is a land restoration program meant to rectify the unjust taking of Chamorro homelands by the United States federal government between 1898 and 1968, and would expand the program’s eligible beneficiaries to include individuals and their descendants who owned or who ranched, farmed or otherwise occupied the lands that were taken.
“We have seen firsthand the impact of the massive land takings on Guam’s families, too many who live in poverty over eight decades later, without a stable place to live, and their ability to use the land to provide for their families severely disrupted. It took years of vision, courage, advocacy, protests, and even lawsuits to get where we are today and in honor of those who preserved these rights for us, we must never stop fighting for, protecting, and expanding the potential of this land and its precious resources to nurture and sustain future generations It is our duty as lawmakers to safeguard the land restoration mission of the Trust, to protect the Trust from being raided by special interests; to manage the Trust better and make it more conducive to thriving residences, agriculture, and cottage industries; and to carry these homeland programs into perpetuity for future generations, so that we truly remedy the long-term injustice of massive land takings,” said Senator Therese Terlaje.
The Chamorro Land Trust law was authored by then Senator Paul Bordallo and passed by the 12th Guam Legislature in 1975. No Governor appointed members to the Commission, until protests, a campout, and a lawsuit brought by Attorneys Mike Phillips, Mike Bordallo, and Therese Terlaje on behalf of the Nasion Chamoru, led by Angel Santos and Ed Benavente, ordered Governor Joseph Ada to appoint the first Commission in 1992. The rules and regulations were authored by then Senator Angel Santos and enacted by the 23rd Guam Legislature. This bill recognizes the land use history of the people of Guam and will expand residential and agricultural leases to those individuals and their descendants whose use of land on Guam was disrupted due to land takings.
FOR IMMEDIATE RELEASE (October 19, 2020 – Hagåtña, Guam) – During the close of its regular session today, the 35th Guam Legislature has confirmed the appointment of Arthur U. San Agustin as the Director of the Department of Public Health and Social Services.
Senator Terlaje, Chair for the Committee on Health, Tourism, Historic Preservation, Land and Justice, stated, “I felt it was important to contemplate the gravity and responsibility of this position during this particular time when our island is facing a health pandemic and is struggling to control a virus that has taken many lives over the last 9 months, that has shut many businesses down and put more than 30,000 people out of work, that has kept many of us isolated and limited from spending precious in-person time with our family and close friends, and that has completely overwhelmed our health care system.”
Carrying out the burden of leading Guam out of this pandemic comes with the full unprecedented Health Emergency authority which also entails the management of millions of dollars of procurement and federal funds, and tremendous pressure from the administration, hospitals, health care companies, lawyers, doctors, business owners, the legislature and the entire community.
The Health Chair noted that the appointment by the legislature should come with the commitment to provide the department with needed resources, that DPHSS is not scapegoated when it is everyone’s responsibility to improve our situation, and that that the advisory groups and the private sector truly work with them to implement a clear exit strategy that has been communicated effectively to the public.
“I expect the Director to serve the people of Guam first and foremost… that he is direct and completely forthright with the community he serves, and to remove any impediment that keeps information from the public,” said the Senator.
Recognizing the many challenges presented to the new director, Senator Terlaje also outlined some of her expectations including advocacy on behalf of the people of Guam without political interference stating on the session floor, “I expect denunciation of scare tactics or the threatening of furloughs of Public Health staff in the middle of the biggest public health emergency our island has seen and I expect policy to be driven by data and by an unwavering allegiance to saving lives.”
Mr. San Agustin declared his willingness to take on the leadership responsibilities over the Department and his intentions to work towards the improvement of the well-being of the island during his confirmation hearing. Art San Agustin has dedicated his career to serving those in need, to Public Health, often called upon to serve as Acting Director during his long tenure with the agency and 32 years of government service.
Visit Video (1:07) for full remarks on this confirmation below.
FOR IMMEDIATE RELEASE (October 1, 2020 – Hagåtña, Guam) – As the community continues to learn how to adapt to life with COVID-19, Senator Therese Terlaje, the Oversight Chair on Health, continues to monitor progress with the Department of Public Health and Social Services (DPHSS) to get a clearer picture of the trajectory of the reopening of Guam businesses, tourism as well as restoring some semblance of normalcy for residents.
The third in a series of Oversight Hearings took place on the first day of FY2021 via Zoom with members of the 35th Guam Legislature and administrators from DPHSS to get an update on the progress of COVID-19 response measures including the Contact Tracing and Investigations capacity, implementation and results of COVID-19 tracing apps, public disclosure protocol for case investigations and contact tracing information, status of the CARES Act funding request and other federal funding, and Public Health Authority Powers under Chapter 19, Title 10, Guam Code Annotated.
“Since the first oversight on contact tracing held in May through today, these hearings have been essential to getting information to the public when there has been so much uncertainty. Hearing that there is progress is encouraging and lets everyone in our community know that DPHSS is working hard to keep them safe, while also considering their need to get back to work,” said the Oversight Chair.
The DPHSS Workflow has been streamlined for contact tracing and containment, and they can now contact a positive case, close contacts, plan isolation, and instruct on quarantine for family members within 5-8 hours of test results. According to Dr. Chima Mbakwem, Projects Coordinator for the Office of HealthCare Associated Infections Epidemiology, the new strategy is a time-saving mechanism where the containment team identifies family members and close contacts and immediately hands the data to the contact tracing investigation team who completes their investigation within 1-2 days while those identified are already under quarantine and are being monitored for 14 days.
Annette Aguon, COVID-19 Epidemiology/Surveillance Branch Lead, also updated the Oversight Chair on contact tracing investigation resources stating that there are currently 22 investigators, 25 contact tracers, plus 3 contact tracers with Dr. Mbakwem’s team. Also assisting in this effort are approximately 42 DOE nurses, 38 existing Public Health staff, among others. In addition to public and private partners, a pilot project has started at UOG which will augment the investigation team at a separate site. Santos and Mbakwem attributed the increased staffing, household contacts in multigenerational homes already under quarantine, and the current lockdown in assisting them to complete investigations sustainably until Guam starts reopening and shifting gears.
Although the Guam COVID Alert App has only seen a 19.6% adoption rate, short of the recommended 60% gold standard, efforts are still ongoing to increase the levels through various outreach and incentive programs. Public Health also launched the SARA Alert technology which will eventually replace most of the manual monitoring, allowing a more robust way for patients and close contacts to report their symptoms daily via telephone, email, smartphone, or text messaging.
Though much progress has been made regarding containment and contact tracing, Dr. Ann Pobutsky, Guam’s Territorial Epidemiologist, advised that they are behind on data management and migration, stating that it will be at least another month until we get more robust weekly surveillance reports, which will break down community spread by activity categories. The categories are a work in progress but could contain the information that the community has been pressing for, to make well-informed decisions about what activities could be riskier for them and their families and to help the government determine what businesses could be classified as lower or higher risk.
Senator Terlaje stated, “I continue to urge the Department to provide more data to the public to help them understand what information is driving the decisions so that they have confidence in this process going forward.”
Acting Director Art San Agustin updated the Chair on the latest changes to quarantine protocols, noting that those who wish to test on day 6 and test negative, can opt to fulfill the remainder of their 14-day quarantine at home. Dr. Mbakwem clarified that these individuals are on restricted movement, which means they can go to the store for essential items and exercise because they have a lower probability of testing positive. This is different from quarantine for close contacts who have been exposed to COVID-19.
Although the ongoing community positivity rate averages approximately 8% according to the JIC, Aguon advised that DPHSS is still confident in their ability to adequately trace contacts and control the spread of infection, especially with the recent adjustments made with the isolation and quarantine team and updated internal protocols with the trace investigation team.
“I am optimistic about the progress made in just the past few months regarding containment and contact tracing, however, I cannot stress enough about the importance of transparency in the process and data-driven decisions being the key to public participation,” stated Senator Terlaje.
View the full oversight hearing by clicking here or below:
