MINUTES: March 25, 2021

MINUTES
March 25, 2021

 

I. PRELIMINARIES:

A. Call to Order

Chairman Edward Deleon Guerrero called the meeting to order at 10: 10 am on Thursday, March 25, 2021 at the Commission's 2nd Floor Main Conference Room at the Springs Plaza in Gualo Rai, Saipan. The meeting was also on video conference.

B. Roll Call

Commissioners present at the meeting were: Edward Deleon Guerrero (Chairman), Rafael Demapan (Vice Chairman), Ramon Dela Cruz (Secretary), Mariano Taitano (Treasurer) and Diego Songao (Public Affairs).

C. Adoption of Agenda

Commissioner Dela Cruz made a motion to amend the agenda to include Public Comments as item II, seconded by Commissioner Taitano.
Discussion: Legal Counsel Ernest clarified that the Commission will not be adopting a final order in the cases being deliberated, noting that a final order would have to be adopted in public session and would also have to be properly noticed on the agenda. Counsel Lowrey proposed that a draft order be written after the Commission's deliberation and entertained in a public hearing with an up or down vote by the Commission.
The Chairman inquired if the Commission can further amend the agenda to include a decision on the complaints based on the deliberations that will take place in executive session. Counsel Lowrey advised that more notice would be due to IPI. Counsel Ernest replied that his opinion is that it is possible, however, the Attorney General is of the opinion that the Commission cannot take final action on an item that was included in the agenda by amendment. He also noted that Attorney Tiberius Mocanu, who represents IPI, is not present and would likely object to the Commission acting on a decision without proper notice. He recommended that a special meeting be called to adopt the final order.
Both Counsel Ernest and Counsel Lowrey said that it was their understanding that the Commission would only be deliberating in executive session on the proposed orders submitted by both parties in order to reach a determination without wholly adopting either proposed order. Counsel Ernest advised that after deliberations, a final draft order should then be prepared as a result of the deliberations for the Commission to adopt in a properly noticed meeting. The Chairman concurred and noted that a final order and sentencing will not be entertained during the March 25, 2021 Commission meeting.
The motion to adopt the agenda was put to a vote and unanimously approved. The agenda was adopted as amended.