By Thomas J. Fisher
[T]he 37th Guam Legislature has a problem. I suggest a solution. Several times I have attempted to obtain public information through the use of our Freedom of Information Act (FOIA). These requests are routine, unremarkable and agencies regularly respond without hesitation. That is unless you are trying to get information from the Guam Legislature or Senator Telo Taitague. Then it becomes a struggle. For example, the Committee on Rules stonewalled a request for a video capture of an alleged assault in the Congress Hall and then, when the individual requesting the image (me) insisted upon production, the recording was “disappeared”. As might be expected, the explanation evolved and went from “Gee Whiz! How’d that happen?” to nonsense about the system automatically purging information. Similarly, Senator Taitague disobeys the law and refuses to produce a requested document. I suspect she has destroyed it. If so, she has committed a crime.
The problem is that current leadership in the Legislature is opaque, and indifferent to the needs of staff. Legislative employees are under tremendous strain. They are unclassified and subject to work for which they are not compensated, and they are subject to termination by the Rules Committee Chair for any or no reason. They have no protection; neither from the Department of Labor nor the Civil Service Commission. Thus, an employee, faced with following the Chair’s direction, no matter how odd or irregular, can choose between compliance or face discipline. Under these circumstances, it is no wonder that evidence disappeared. The legislature needs a cadre of professional, dedicated individuals, not subject to termination based upon a senator’s pique, fear, or desire to conceal.
I suggest a solution. Employees in the Guam legislature are professionals and should be treated accordingly. They deserve the right to say “no” to unorthodox or illegal demands without fear. We must classify them. We must give them the same protection from a hostile, abusive work environment that other members of the government enjoy.
Some months ago, my office introduced a bill (141-37) to do just that. That Bill would classify all positions at the Legislature except for attaches, the Executive Director and employees of each senatorial office. You will not be surprised to learn that it received a cold reception. Senators like the ability to appoint cronies into government positions. The senator gains power within the legislature and has a loyal operative therein. Although the spoils system has a long and storied place in Guam and American history, there are significant reasons to curtail the practice. Not the least of which is to stop patterns of abuse in the workplace. Unclassified political employees are beholden to the senators who got them the job and not the law. It takes real courage to say no to your employer when rent is due and you have a new baby.
I say classify them. Treat them with the respect they deserve. Protect them from forced, uncompensated work and abusive treatment in the Congress Hall.
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Thomas J. Fisher is a senator. He is a Naval veteran, a former prosecutor, and a defense attorney.
1 Comments
Breyer
09/30/2024 at 7:56 PM
How about Mayor’s staff?