GEDA and Adelup silent on open government law violation

The government board responsible for more than $1 billion of the public’s debt took action on a land matter that is both outside its jurisdiction and in violation of the Open Government Law.

Neither Guam Economic Development Authority nor Adelup officials have replied to Kandit’s inquiries about the GEDA board of directors May 30 meeting, where the board passed a motion to oppose Joe San Agustin’s Bill No. 179-37. The legislation would allow the repurpose of Chamorro Land Trust land in Dededo from the current operation of the Guam International Country Club into a solar farm whose future operators intend to sell electricity cheaper than fuel sources to Guam Power Authority. In exchange, the new operators would front 30 years worth of lease payments – estimated to be about $9 million. That $9 million, according to financial and housing experts who testified at the public hearing for the bill, can be used to finance more than $30 million in power, water, and wastewater infrastructure for hundreds, or even thousands of currently undeveloped CLTC lots.

Such a development would transform the housing market and make homeownership a more affordable reality.

However, at the GEDA board meeting, board chairman David John started and led a discussion against the proposal, telling the other board members that the public is better served by having access to the property as a golf course.

The board ended up approving his motion  “to send testimony to the legislature opposing the legislation and as an alternative to explore the use of the golf course, through a public-private partnership, to benefit junior golf similar to the national tennis center.”

The GEDA board provided no notice to the public about this discussion, according to a review of its May 30 published agenda.

The Open Government Law’s §8107 requires every government agency, board and commission to give to the public through a newspaper publication, “five (5) working days public notice, and a second public notice at least forty eight (48) hours prior to the start of the meeting.”

That section goes on to state that “Notices must contain the agenda of matters to be discussed at the respective meeting. Agenda items must be in sufficient detail to put the public on notice as to what is to be discussed.”

If this is not done, according to the law, “Any action of a public agency taken at a meeting is void and of no effect if the public agency failed to comply with the public notice of agenda matters to be discussed pursuant to § 8107(d) of this Chapter or failed to comply with the broadcasting requirement pursuant to § 8103(d) of this Chapter.”

GEDA administrator Melanie Mendiola has not responded to Kandit’s inquiry on the matter. Governor’s director of communications Krystal Paco-San Agustin said she has not been able to reach Ms. Mendiola since Friday.

“The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know,” the Open Government Law states. “The people insist on remaining informed so that they may retain control over the instruments they have created.”

Kandit tonight asked Ms. Paco-San Agustin what business GEDA has regarding this pending legislation that affects the CLTC and, indirectly, GPA. We also asked, “If anything, shouldn’t GEDA be concerned more about affordable housing than golf?”

She did not have an immediate response to the questions.

The GEDA board approved Mr. John’s motion without any public discussion from Senator San Agustin, the CLTC, any of the 10,000 applicants waiting for CLTC leases, or the more than 40,000 GPA ratepayers who would stand to benefit from a large solar farm’s contributions to cheaper power production.

Because none of those stakeholders – who also own GEDA – knew about the agenda item.