Office of the Director
Department of Youth & Civic Affairs
www.yapstategov.org
BRIEFS
September 8, 2011
YSL COMMITTEE SCHEDULES A PUBLIC HEARING NEXT WEEK
The Yap State Legislature Committee on Government, Health and Welfare has scheduled
a public hearing to be held at the Legislature Chamber at 10:00 am on Tuesday
September 13, 2011.
The YSL Standing Committee will discuss the detail of ―Resolution No. 8-37, A
RESOLUTION Requesting the Congress of the Federated States of Micronesia to enact
legislation in support of the UN Protocol to Prevent, Suppress, and Punish Trafficking in
Persons, Especially Women and Children, Supplementing the United Nations Convention
Against Transnational Organized Crime.‖
In a statement released by Senator Jesse Raglmar-SUBOLMAR, Chairman of the GHW
Committee, this has been brought to the attention of the Legislature that there could
potentially be a number of trafficking in human cases involving children fraudulently
being adopted away to foreign persons. He pointed out that those cases in trafficking in
human are very serious and there are now UN and international protocols protecting
people against this illegal and immortal trade of human persons services.
Chairman SUBOLMAR said the Congress of the Federated States of Micronesia has just
recently acceded to the United Nations Protocols to Prevent, Suppress and Punish
Trafficking in Persons especially Women and Children, which Protocol supplementing
the United Nations on Convention against Transitional Organized Crime.
The Senator added that those in the State, who may be trying to help in any adoption of
children to foreign people must make doubly sure that the adoption is in the best interest
of the child and fraud-free before proceeding with it and the Courts and the legal
community should be alerted to make sure that no adoption of children in the State of
Yap to foreign persons is made unless there is evidence beyond doubt that such adoption
is legitimate and legal.
Chairman Raglmar-SUBOLMAR concluded his statement by saying that those in the
Legislature are looking very closely to this matter because it is unacceptable to occur in
the State of Yap first of all and to make sure that the treaty obligations of the FSM now
that it has acceded to the Protocols are kept and enforced.
The Government, Health and Welfare Committee had invited a number of key people in
the Government based on their job and experience to offer their testimonies during the
public hearing.
Those people include Yap State Governor Sebastian Anefal or his designee, Chairman of
the Resources, Education and Development Committee of the Legislature, Chairman of
the Council of Pilung, Chairman of the Council of Tamol, Chairman of the Yap State
Congress Delegation, the Public Defender, the Yap State Women Interest Officer and a
representative of the Yap Women’s Association (YWA).
The GHW Committee mentioned in a notice today that any member of the public who is
willing to testify before the Committee regarding the matter is more than welcome to do
so.
LEGISLATURE HOLDS PUBLIC HEARING ON GOV. COMM. 8-87
8TH YAP STATE LEGISLATURE (YSL News Release) -- The Standing Committee on
Finance chaired by Senator Mulalap, vice-chaired by Senator Mooteb, excluding Floor
Leader Sauchomal as its member who was off-island, conducted a public hearing on
Governor Communication No. 8-87 regarding the request for extension of obligation
Authority into FY12 on the following projects:
1. Northern Road Resurfacing
2. Yyin Dredging
3. Tomil Coastal Road
4. Yap Women’s Association Building
5. Under One-Time Grant Operation – OPB Economist
In attendance were the following:
1. Lt. Governor, Tony Tareg
2. OPB Director, Kensley Ikosia
3. OAS Director, Maria Laaw
4. Attorney Gen., Michael Nigrey
5. PW&T Acting Dir., Manuel Maleichog
6. C&EM Manager, James Sarmog
7. Yap State Budget Officer, Puis Talimeisey
8. Chief of Finance, Robert Fathal-Tamanbay
9. Yap State Senator, Jesse Raglmar-SUBOLMAR
10. Yap State Senator, Jerry Fagolimul
The Chairman of the Committee initiated the hearing with welcoming remarks and gave
the opportunity to the witnesses to share anything before they proceed onto the hearing.
Lt. Governor thanked the Chairman and the Committee for the time availed for them to
answer any questions that the Committee may have.
Northern Road Resurfacing Project
Chairman Mulalap asked the witnesses to explain the need of the extension for the
Northern Road Project. Mr. Maleichog explained that the contract was for $4.6M. With
the remaining balance, which the department wants to use for administrative purposes for
the project which he stated that it has not been obligated. He further stated the need of the
account to open for any possibility of change orders.
The Chairman asked for the remaining balance and for the witnesses to elaborate on the
administrative work to be done on the project. Mr. Talimeisey stated that a status report
on the remaining balance will be provided in which he walked over and handed to the
Committee.
The Chairman also stated that there is funding of an engineer and Mr. Sarmog explained
how they are planning on hiring a certified engineer however have other equipment needs
to be purchased before hiring such engineer.
Another issue discussed was the portion of the remaining balance to be used for
personnel which the LC questioned because the PW&T has a budget for overtime in
which such can be used for any overtime in administering the project. This was explained
that the department does set aside funding for overtime for projects at this large scale.
The LC also stated for clarification purposes that to request for extension is to extend the
initial amount and not a portion or remaining balance and if such occurs it is subject for
re-appropriation.
A question of the scope of work being changed after the notice to proceed was issued was
also brought up. Mr. Sarmog explained that the contract is final and the scope of work in
the contract should be followed by the contractor. He continued and said if such is being
said, then, clearly there must be some misunderstanding somewhere. Lt. Governor added
that the final negotiation has been made and the contract is final.
The question of why GPPC (contractor being awarded the Northern Road Project) is
being awarded when other state project also contracted to them are behind schedules was
brought up. It was explained that the decision was based on the fact that the other
potential contractors were not as qualified as GPPC. This led to the question if the
government can reject all bids and to bid out again. The AG stated that the decision of
selecting the contractors lies within the jurisdiction of the contracting office and stated
that any and all bids could be rejected. LC added that the bidding laws is quite simple and
is simply the lowest responsible bidder.
The Chairman asked that an itemized list of the use of consumables be provided to which
Mr. Maleichog responded that the initial amount was for $15K and the remaining balance
to date is a little over $13K. This was explained by Mr. Sarmog that the $15K was for
fuel as the department over the past had many problems with fuel and it’s setting aside
such fund to prevent such problem. This also prompted a statement of the abuse of
government vehicles parked at the stores while car is left turned on while purchasing
personal items.
Yyin Dredging Project
For the Yyin Dredging, Chairman Mulalap explained how $123K is requested for
extension. He explained that the initial request was more than what was appropriated due
to some reasons and also which was also the reason why purchase of heavy equipments
were not recommended for funding. He also stated that the intent of the dredging project
was for the secondary roads and as stated in the Governor’s letter it is needed to be
extended to provide the coral needed for the Northern Road Project. Mr. Sarmog stated
that the intent has not really changed and the Northern Road would only need 40K cubic
yards of the dredged materials and would have plenty leftover for the secondary roads.
The question of whom to perform the dredging and stockpiling was brought up also. The
explanation from the witnesses was that the dredging and stockpiling will be done by
GPPC as it is a part of the contract of the Northern Road project. He also stated that the
department will be doing the hauling of the dredged materials.
Chairman Mulalap asked if the contract has been awarded in full amount and why should
there be a need of extension as the funding is already been obligated. A breakdown was
stated by Mr. Sarmog that $96K is contracted to GPPC to perform the dredging and
stockpiling, $5K is for fixed assets – turbidity testing equipment, $7K is for personnel –
overtime, and $15K for hiring a biologist to assist in monitoring of the dredging
operation. He further stated that the biologist is not yet hired and that such person, when
hired, would check the site before dredging, check for contamination level of the water,
and after dredging, the biologist would check the level of turbidity. He also stated that the
contractors (GPPC) would provide for themselves in the equipments needed for dredging
and stockpiling and that they have a biologist for the same purpose. This was questioned
because the $15K allotted for hiring a biologist, would only have the biologist come to
Yap 3 times—before the dredging, in the middle of the dredging and after dredging—and
that the risk of damaging the environment is bound at anytime of the dredging.
The LC stated that the initial appropriation was in the condition that the entire amount of
the expenditures of the project be bidded out. And she further stated that double
compensation is not permitted as stated in her previous statement that the department is
budgeted for overtime as also in this particular project in their breakdown of uses of
funds.
Tomil Coastal Road Project
For the Tomil Coastal Road, it was stated that it would not be bidded out that the
community is trying to control the cost of the project and the department is in process of
getting into contract with the community of Tomil. This was also discussed that the
funding is for materials however, it is under contractual services. This was explained that
purchase of materials and equipment rentals fall under contractual services. LC stated
that the intent of the appropriation was for culverts & rental of equipments under
consumable goods and that the community would provide labor. Mr. Ikosia, stated that
the intent of the law should be looked at again.
YWA Building Project
The YWA project, one of the State’s priority projects from the Governor, was discussed
briefly because the department does not have enough information as they are just
assisting in a few specs of the project.
The Chairman apologized that he failed to extend invitation to YWA thinking that the
department would have the information needed.
OPB Economist – One-Time Grant Operation
The OPB Economist is funded under the One-Time Grant for FY11 appropriated for
$100K with a remaining balance of $17,852 and is being requested to be extended into
FY12 until December 31 as per JEMCO’s approval. Mr. Ikosia stated that such recruiting
process took about 4-5 months. He made mention of the United Nations (UN) assisted in
the economist recruitment and the economist has been onboard since last week. He
further stated that the remaining balance is for FY12 travel expenses. He also stated that
the economist would need to travel to Pohnpei to acquire information as well as consult
with the other states. He stated that such funding will lapse thus the request for the
extension.
The question of the funding initially under the personnel category was brought as it
appears to be on contractual services. Mr. Talimeisey confirmed that, yes, such funding
was then reprogrammed into contractual so a check could cut be made to UN as the
economist is being paid by through the UN. The LC stated that reprogramming from
personnel category is not permissible by law. Mr. Ikosia stated that due to some technical
and/or legal uncertainties of the accounting aspects that it may have contributed in the
oversight.
Chairman Mulalap questioned as to who made such approval of the reprogramming to no
avail. Mr. Talimeisey stated that they were advised that such process can only be done
under contractual and so the funds were set up under contractual services.
The Chairman stated that the disregard of the State law, in this case, is ―old news‖
because this is not the first it has occurred. He further stated that all this has to be
questioned, not in the sense of ―nitpicking,‖ but to ensure expenditures of public funds is
done appropriately in due of the people the Legislature represents.
LC stated that $100K was approved by JEMCO, $80K for personnel compensation, $10K
for travel, and the other $10K for consumables from the One-Time Grant for FY11 and
that there were no uncertainties.
Mr. Ikosia stated that that there’s a 2 payment schedule of $50,050 and the other an
amount of $32,098. It was then confirmed that the 1st scheduled payment has been made.
The change of use of funds was discussed extensively to which the point of having an
Attorney General was brought up. The AG stated that in relation to compliance of
bidding laws, he does review contracts and that the intent of the laws can be commented
on if asked. Chairman Mulalap recalled in his statement when working at the AG’s office
where such a practice of consulting with the Governor before his signing of an
appropriation bill or any bill into law was practiced. And if such practiced should be
revitalized if it has been stopped.
Another question was also brought up as to the department’s monitoring of OIA for
approval of other projects. Mr. Talimeisey stated that they have been informed by OIA
that they are in favor of the requests however, are still tied for any approval.
As also requested for extension, the DHS fixed asset and the Curriculum textbooks
purchase was stated that the Committee would seek information, if needed, at a later
time. The public hearing was ended thereafter.
ELIMO CERTIFIED AS THE WINNER OF THE CHUUK “SPECIAL”
ELECTION FOR GOVERNOR NARRUHN ALLEGES ELECTION
CHUUK, FSM (The Kaselehlie Press) — When Chuuk’s former Governor, Wesly
Simina resigned after being sworn in as Chuuk’s At- Large Senator to the FSM Congress
the resignation left a hole in Chuuk’s executive structure. Simina’s Lt. Governor,
Johnson Elimo immediately became the acting Governor of the State of Chuuk. Since
Simina’s remaining term was longer than a year a special election was mandated by the
Chuuk Constitution (Article VI Section 11) to be held on the fifth Wednesday after his
resignation.
The special election took place on August 24.
Yasen Harry, Chuuk’s Executive Director of the Election Commission said during a
telephone interview yesterday that the results of the special election had been tabulated
and that the Election Commission certified the results on August 30. After scrambling
for a copy of the certified results he came back to the phone and said that the final vote
tally the Commission certified was:
Johnson Elimo 7,945
Alexander Narruhn 6,913
Redley Killion 3,692
Harry said that he did not have access to email and could not send us a copy of the
certified results.
As of 5:00 this evening, Pohnpei time, more than two days after the supposed
certification of the election results, neither Narruhn, the closest vote getter to the
Governor-Elect Elimo, nor Narruhn’s attorney, Ben Enlet had received any notification
from the Election Commission that the election results had been certified.
Yesterday Enlet was taken aback when we told him that the Election Commission had
certified the election results the day before.
According to an email Enlet sent to K-Press after 10:00 this evening he, and Narruhn had
only just received copies of the official results from the Election Commission.
Quick notification by the Election Commission of certification of election results is not
only important because candidate complaints regarding the election process must be filed
at the Election Commission within five days of certification but because the law requires
the Commission to do so.
Chuuk’s Attorney General, Joses Gallen confirmed by email this evening that ―there is a
schedule‖ for a swearing in ceremony for Governor Elect Elimo set for 10:00 tomorrow
morning. Elimo announced today that his Lt. Governor will be Ritis Heldart. According
to the Chuuk Constitution, Elimo’s appointment is subject to confirmation by a vote of
2/3 of the Senate.
Governor-Elect Elimo’s swearing-in ceremony is scheduled to take place only three days
after the election results were ―certified‖ by the Election Commission; only a few hours
after Enlet received the ―certified‖ results of the election on behalf of his client.
Speculators said that Alexander Narruhn would not contest the election because the
remaining term for the position of Governor of Chuuk State is short.
―My supporters would be unhappy if I didn’t file a complaint,‖ he said, and he has done
exactly that.
Today Narruhn’s attorney filed a Writ of Mandate at the Chuuk State Supreme Court
alleging that not only had Narruhn not received a copy of the final ―certified‖ results of
the election but that the Election Commission had been ―closed from public‖ during all of
September 1.
Narruhn’s filing asks the court to decide a Chuuk State Constitutional issue regarding
whether the terms of Article VI Section 7 apply to a ―special election.‖ Article VI of the
Constitution establishes an Executive Branch. Section 7 of that Article requires that a
winning candidate for the office of Governor must win an election by a majority vote. If
no candidate receives a majority vote ―a runoff election between the candidates on the
tickets receiving the two highest pluralities shall be held on the fourth Tuesday following
the general election, as prescribed by statute,‖ the Constitution says.
No candidate achieved a majority vote in the ―special election‖ of August 24.
Section 11 of Article VI sets up the mechanisms to handle a situation when a sitting
Governor ―dies, resigns, suffers a major incapacity, or is removed from office.‖ If that
type of event occurs when the remaining term is more than one year, as it recently did,
―the Lieutenant Governor becomes Acting Governor until a Governor is elected and takes
office. The election shall be held on the fifth Wednesday after the event occurs,‖ the
Constitution says. That election is the one that just occurred.
The term ―special election‖ never appears in Article VI of the Chuuk Constitution and the
filing on behalf of Narruhn essentially asks the court to consider whether the ―election‖
referred to in Section 11 should have the same rules applied to it as the rules in Section
VI, in which case there should be a runoff election in Chuuk on September 20.
According to Narruhn’s court filing, Chuuk’s Election Commission ruled yesterday that a
runoff is not necessary in this case. The filing said that the Commission based their
decision on advice provided to them by Chuuk State Attorney General Joses Gallen.
At press time the Writ of Mandate was the only document officially filed by Narruhn’s
attorney. By the time this newspaper goes to print, Enlet said he will have filed a petition
with the Election Commission to set aside the results of the August 24 election. The
petition will be supported by sworn affidavits. Those affidavits were not yet available
when Enlet sent a copy of the draft petition to K-Press after 10:00 tonight.
If the Election Commission agrees that significant election improprieties occurred as the
petition alleges, the Commission can set aside the election results and call for a new
election. If they don’t the Commission’s decision can be appealed to the Chuuk State
Supreme Court.
However, the majority of Election Commissioners are likely to be ―conflicted out‖ since
they disregarded a legal opinion from the Attorney General issued before the election that
gave Wesly Simina a second term as Governor.
That contest was also contested by competing candidates.
That AG’s opinion essentially said that Election Commissioners cannot directly supervise
polling places because the Commissioners are the ones who are called upon to decide
whether or not improprieties occurred at polling places. If the Commissioners
themselves supervised the polling places they would be deciding against their own
supervision.
Executive Director of the Election Commission, Yasen Harry said that Election
Commissioners traveled to Honolulu, Maui, Hilo, and Portland in order to supervise the
polling processes in those places.
Harry said that he signed the Commissioners’ travel authorizations because they are the
bosses and he is ―just an employee‖ of the Election Commission.
The draft copy of the petition contesting the election makes a number of serious
allegations regarding the conduct of the election:
Several polling places under the supervision of Election Commissioners were open for
only one hour in the late afternoon due to the absence of a master voter list which was to
have been provided by the Election Commission;
In some polling places ballots were ―pre-checked/fabricated;‖
One location for a polling place was changed ―overnight‖ from an Elementary School to
a private residence. Poll takers did not inform poll watchers for candidate Narruhn. The
complaint alleges that ballots were ―pre-checked and fabricated,‖ in that place;
Ballot box locks were changed over night at the Tabulation Center.
Election Commissioners actively and publicly campaigned for Governor-Elect Elimo and
each of the Election Commissioners work for him or are related to him;
…―All other state officials including Directors and Office Heads who are supporting
Johnson Elimo would threaten employees who are protected under the Public Merit
System act that they would be fired if they do not vote for and supporting Johnson
Elimo.‖
The draft complaint contained fifteen paragraphs of specific allegations of election wrong
doing in Chuuk.
NOAA CONDUCTS GEODETIC SURVEY & EDUCATION OUTREACH IN
POHNPEI
KOLONIA, Pohnpei (U.S. Embassy Media Release) -- On August 31 and September 2,
United States National Oceanic and Atmospheric Administration (NOAA) National
Geodetic Survey (NGS) Pacific Region Geodetic Advisor Edward Carlson presented
―The National Geodetic Survey and its role in Pohnpei‖ at the College of Micronesia-
FSM National Campus and Pohnpei State Campus, respectively. The presentation was
part of the U.S. Embassy/COM-FSM Forum Lecture Series, which provides U.S.
Government professionals as guest speakers for COM-FSM students, faculty, staff, and
interested community members.
Since his arrival in July, Carlson has assisted the Pohnpei State Department of Land and
Natural Resource (DLNR) in a geodetic upgrade project. NGS is responsible for defining,
managing, and providing public access to the National Spatial Reference System (NSRS),
a consistent national coordinate system that provides the foundation for mapping and
charting; state boundaries; transportation, communication, and land records systems; and
numerous scientific and engineering applications. NSRS provides an extremely accurate
geographic framework throughout the United States and its possessions and Pacific
islands.
The plan is do a high accuracy geodetic leveling and GPS on the island of Pohnpei, since
it has been almost forty (40) years since any new control was established and over the
years a large number of marks have been destroyed. The last time any geodetic work was
done in Pohnpei was by the USGS in 1970.
During both Forum Lectures, Carlson outlined the Geodetic Survey project goals:
determining a High Accurate Spatial Reference Network; Establishing a geodetic quality
leveling network; Training the DNLR personnel in high accuracy GPS techniques and
geodetic leveling at no cost to the local government, and; Upon competition of the project
the DNLR will maintain the information and publication of the results of the geodetic
surveys.
The geodetic upgrade project will provide the horizontal and vertical integration and
positional improvements required to support the diversity of GIS, engineering,
geophysical, charting and mapping applications required within F.S.M. government
agencies, U.S. Federal government agencies, and private sector requirements.
The geodetic upgrade project is being done over two years. In 2010, all the
reconnaissance and some mark setting was done with personnel NGS and DNLR. This
year, the remaining mark setting and the field work was conducted with the personnel
from DNLR with assistance of NGS. The fieldwork consisted of one digital leveling crew
of 4 to 6 people from DNLR for six weeks and GPS observations for two weeks.
U.S. CONSTRUCTION CIVIC ACTION DETAIL KICKS OFF IN FSM
KOLONIA, Pohnpei (U.S. Embassy Media Release) -- In August, the United States
Pacific Command (USPACOM) commenced a series of engineering projects performed
by its Construction Civic Action Detail (CCAD) in Pohnpei. Initially proposed during the
U.S. – F.S.M. Joint Committee Meeting in August 2010, CCAD will complete one
deployment cycle every six months to a different F.S.M. state, with each state visited
once every two years. The purpose of the program is to enhance U.S.-F.S.M. partnership
and cooperation established during Pacific Partnership 2011 (PP’11).
In Pohnpei, CCAD Construction Battalion Unit 133 will work on four projects identified
during PP’11: renovation of the Pohnpei Public Library in Kolonia; construction of a
three-classroom building at Palikir Elementary School; renovation of a classroom
building at PICS High School; and renovation of the Pohnpei State Substance
Abuse/Mental Health Building in Nett. Renovation projects will include roof
replacement, paint, ceiling fans, drainage, bathroom repairs, and air conditioning. Each
$35,000 project will last between ninety and 180 days, and will utilize materials
purchased from local vendors as a means to enhance the local economy.
In addition to the construction of the projects mentioned, the CCAD will also have an
apprenticeship program enabling engineering and construction skills transfer to
participants. The Pohnpei Department of Education (DOE) in collaboration with the
CCAD will choose sixteen apprentices to participate in the program. The Pohnpei DOE
would like to utilize this program to serve as a stepping stone for their candidates selected
for participation in the Center for Micronesian Empowerment in Guam.
While CCAD projects continue in Pohnpei, potential project assessments will begin in
Yap this month, with the Yap-assigned CCAD battalion arriving early 2012. Similar
assessments will occur in Kosrae at the end of this year. In all assessments, the State
Governments assist in the identification and design of engineering projects.
USPACOM protects and defends, in concert with other U.S. Government agencies, the
territory of the United States, its people, and its interests. With allies and partners,
USPACOM is committed to enhancing stability in the Asia-Pacific region by promoting
security cooperation, encouraging peaceful development, responding to contingencies,
deterring aggression, and, when necessary, fighting to win. This approach is based on
partnership, presence, and military readiness.
OBAMA SENDS 50 TOP U.S. OFFICIALS TO PACIFIC FORUM
‘Pacific President’ assembles largest U.S. delegation
SUVA, Fiji (Fijilive) - US President Barack Obama personally ensured a top-level
delegation attended this year's Pacific Islands Forum (PIF) to demonstrate Washington's
commitment to the region, a US official said Thursday.
Obama, who has described himself as "America's first Pacific president", dispatched the
largest US delegation to ever visit the summit to send a message of friendship to the
region, said US Deputy Secretary of State Tom Nides.
"The President himself has asked us to come and be here to represent the United States,"
Nides told reporters at the PIF, which is being held in Auckland, New Zealand this year.
He said the delegation, which New Zealand Foreign Minister Murray McCully said
included about 50 officials, reflected the Pacific's strategic and economic importance to
Washington.
"Without question, the President is very much focused on what we're doing in this region
and more importantly showing our deep and everlasting friendship with our friends in
New Zealand," he said.
Nides dismissed suggestions Washington was uncomfortable with the growing influence
of China in the region, which has been fuelled in recent years by increasing levels of aid
from Beijing to Pacific island countries.
"We look at our relationship with China the same way we look at any other around the
world, he said. We are partners, we work together, are very comfortable with our
relationship... we're all here for the same objective, to show our support for the Pacific
islands."
Nides also expressed hope that Fiji, which has been ruled by the military since a 2006
coup, will "move towards democracy, where we believe they should be".
US Secretary of State Hillary Clinton visited New Zealand and the Pacific last
November, saying the trip was "part of a committed concerted effort to restore America's
rightful place as an engaged Pacific nation".
-END-