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Wednesday, February 21, 2018

TESTIMONY ON BILLS 244 & 245-34

Robert Klitzkie, Esq.
22 Baki Ct., Yigo, GU 96929
 (671) 653-6607
February 20, 2018

Honorable Speaker BJ Cruz and Honorable Members of the Committee on Appropriation and Adjudications I oppose Bills 34-244 & 245.[1]


An effective, efficient government that provides basic services in accordance with the rule of law on at least a break-even basis.[*]

The people deserve no less.

We are now at a fork in the road provided by Tax Cuts and Jobs Act of 2017 and really ought to take “the  one less traveled by.”[2] If we do “Somewhere ages and ages hence:” the people will say, “And that has made all the difference.” The road “less traveled by” is paved with fiscal integrity and leads to an effective, efficient government that provides basic services in accordance with the rule of law on at least a break-even basis.


If we take the other fork in the road[3] we’ll  be continuing down the same old  road we’ve traveled for years and years. Do we want to present ourselves to the world as a resource-rich satrapy with the requisite limousines, armed traveling retinues, a palace,[4] ornate capitol, a political nobility, a legislative body with 15 jobholders,[5] a class of professional politicians, a bloated government sector that enjoys surprise holidays by the grace of he governor and all the other trappings that come with public supported nobility?
Or,

should we aspire to a lean people-oriented approach where the government exists for the people not, vice versa. A city of 165,000 folks is usually governed by mayor and a city council of, say—15 members. A few departments plus a school district, a police force, a fire department, a city jail, etc. and that’s it. Population-wise we’re pretty much comparable with Oceanside, a  typical city.  Could the Oceanside government function if it received all the federal income tax paid by its residents and a chunk of that paid by Marines from Camp Pendleton? That’s an admittedly simple comparison but nevertheless probative because it’s the “deal” we have.

Notwithstanding our being on the receiving end of all that income tax we’re about $1,000,000,000.00 in the hole. There’s a lot of kvetching about unfunded mandates “second class citizenship” (which has been thoroughly debunked, by the way[6]) but we still have a far better “deal” than any of the states. In fact some would urge the national government that our island become a state while others trumpet the benefits of independence. Quaere: How can anyone be independent of anything with a billion bucks worth of IOUs outstanding?  By the same token, how feasible is the State of Guam which would drag another billion of debt into the Union?—Somewhere ages and ages hence…

We’ve been attempting to create the optics of the resource-rich satrapy since-ever-since following the same old  road we’ve traveled for years and years.  I’ll be reading this testimony into the record in our slick, modern capitol, i.e. Guam Congress Building. It’s beautiful, for sure. But only the manak’kilo of the manak’kilo are accommodated here. The other ten senators are “forced” to shelter in rental quarters at the most prestigious addresses in town$$$$!

Stand on the front porch, look to the right  and admire our beautiful museum. It’s an architectural masterpiece even in the eyes of the most critical observer.  Look up the hill in front of you and you’ll catch a glimpse of what one resident governor[7] named the Governor’s Palace.

So while the Capitol in which we gather in comfort today is a thing of beauty, our hospital is literally falling down around our ears.  We can gaze at the very modern wide screen TV monitors to see what the built in speaker system is broadcasting but we were told that the PA system in that same hospital didn’t work at a critical time. A study of the plight of ten year old Aiden Gumataotao is instructive.  Monday’s Post reported how the hospital did NOT fix Aiden’s broken arm and in the words of the boy’s dad, “The hospital made $400 plus for absolutely nothing.”



We’re quick to say that public health, public safety and education are our top priorities but how many cops on the street are we short? Are our jail and prison modern and up to date and SAFE like the three public buildings cited supra? What about education? 

SIMON SANCHEZ HIGH SCHOOL

…need I say more? Somewhere ages and ages hence…

Both bills before you today would raise what we now call the Business Privilege Tax (BPT) to address what has been described as emergent circumstances caused by the national government enacting the Tax Cuts and Jobs Act of 2017 (Tax Cuts Act.)  The message is that even though the Tax Cuts Act will put ( or actually leave) more money in almost everyone’s pocket it’s bad for the island!  It’s bad because if nothing is done we won’t be able to continue on the road toward establishing the optics that our island is a resource-rich satrapy. In order to do that it’s imperative that we increase the BPT. The BPT of course is the most regressive tax that could be imposed. That means that the burden of the increased BPT will be borne by those least able to bear it.

The emphasis so far has been on getting through the current emergency blamed on the Tax Cuts Act when even the most causal of observers would notice that we’ve been working on getting to where we are for a long time by following the same old  road we’ve traveled for years and years.

This would be a perfect time to not only address the instant emergency but to determine how we got here and how we can avoid ever arriving here again. In other words its time for the road less traveled by:

An effective, efficient government that provides basic services in accordance with the rule of law on at least a break-even basis.

Having rather laboriously created the prolix MapQuest above, it’s time to determine where the Bills 234 & 235 GPS’s direct us, i.e. will we  be continuing down the same old  road we’ve traveled for years and years or the road less traveled by.

Bill 245 uses ten pages to tell us this; 4% to 6% for two years. § 4 tells us where the “new money” will go. .75% to GMHA “…for its purposes including but most limited to, capital investment, operational requirements or reserves.”  This incredibly loosely drawn language will have little to no impact on where the new BPT revenue actually goes. And .25% to the Department of Education for its capital improvement needs—same story.

The other 1% goes to the General Fund to address “…the erosion of the tax base resulting for [sic] the passage of the Tax Cuts Act. That phenomenon called “cash management” will determine the use of all the “new money.”

Bill 245 raises our most regressive tax by 50% to plunk a large chunk of revenue into what is often referred to as the cash management process: the same old  road we’ve traveled for years.

Bill 244 suffers the same infirmity as 235, i.e. it raises the BPT  but at least the increase is only 25% instead of the 50% found in 235. But the bill does at least step off the same old  road we’ve traveled for years and years by reducing the legislature’s budget by 10%, same for the Office of the Governor. Sacrifice!

§ 4 of the bill freezes salary increases and § 5 stops above step recruitment for teachers and some health workers. Plus that section would involve the Civil Service Commission in an endeavor that has not been part of its portfolio since 2006, see 4 GCA § 6205. § § 6 & 7 are in pari materia and § 8 sunsets the tax increase

Bill 244 at least steps off the same old  road we’ve traveled for years and years momentarily when it cuts the budget of the legislature. Glancing at the bills recently introduced shows that only Sens. San Nicolas and Aguon are at least scanning the horizon for “…the road less traveled by.”


The decisions of this body will make, “…all the difference.”  What do you desire “…ages and ages hence?”  Will people look back on your performance and say--  

                            “And that has made all the difference?”


Respectfully submitted,

Original signed by Robert Klitzkie
Robert Klitzkie



[*] The government must accrue a surplus in some years in order to pay down debt incurred for operational expenditures in past years.





[1] Much of what I presented on January 29 re Bill 230 is likewise applicable here. That testimony, as amended on February 3, is incorporated herein by reference.
[2] With thanks to Robert Frost
[3] Yogi Berra: “If you come to a fork in the road, take it.”
[4]  (Governor) “Daniel also renamed the governor’s residence, known as Government House, to the Governor’s Palace, and even rode his horse up the residence’s steps.” GuamPedia
[5] Four members of which are so casually engaged as to give the impression that they hadn’t thought about key legislation, Bill 92, until the roll call began.

[6] The second class citizen myth is thoroughly debunked in a the column entitled Confessions of a 3rd-class US Citizen that ran in the Post on February 6. Checkout From Bob online.

[7] See footnote 4.

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