Attorney General Elizabeth Barrett-Anderson is running for reelection! We need a new Attorney General next year. Four more years of Liz? From today's Post:
"Guam Post 'There are no boundaries' by Alana Chargualaf"
"Eight of Guam's women leaders and prospective candidates for various elected positions this year recently shared their views on addressing gender bias.
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"Attorney General Elizabeth Barrett-Anderson, who is running for re-election; and prospective senatorial candidates Kate Balthazar,..."
While there is much to report on re the MISSOURI MANEUVER, the Board of Ed., The Every Child Act and Jon Fernandez' apparent "epiphany," I must put off discussion of those important matters momentarily while I deal with the emergency created by Lizzy's candidacy. Lizzy's throwing her hat in the ring has sent me back to my bulging correspondence file and the catacombs of JungleWatch for material to remind all of the job Lizzy has done this time around.
The quote below is the "flip" from Lizzy's "flip-flop" on the RMS Certificate of Title controversy that she created:
"JANUARY 20 TO BOB KLITZKIE (copy of letter here)In a follow-up to your referenced letter, I have consulted with the m’s legal counsel and with the Attorney General of Guam regarding a remedy to correct a certificate of title which a memorial had been entered in error. Based on their advice and in accordance with Title 29, Guam Code Annotated, §29195, a person of interest or the registrar is required to petition the court to correct a certificate of title.
"Accordingly, the department, specifically the Ex Officio Registrar of Titles, has prepared and forwarded a petition, and other associated documents, to the Office of the Attorney General of Guam with instructions for the petition to be filed in the Superior Court of Guam in an effort to correct the certificates of title mentioned in your letter." [from JW]
More later. Also, Kate Baltazar of Dept. of Corrections fame, rates a post or two later on.
Bob
Can not wait to read more. Keep up the good work Bob
ReplyDeleteCarl T.C.’s retirement scam, by which he obtained service credit for his time as Governor, augments his ongoing receipt of retirement benefits from the Retirement Fund by $33,458 per year. It has always been, and continues to be, illegal. It violates 2 GCA 1120(b), read in light of 1 GCA 720, because Carl had started collecting benefits (based on his legislative service) before he became Governor.
ReplyDeleteThe Court’s dismissal of the criminal indictments of Carl did not take these statutes into account. Nor was the applicability of 2 GCA 1120(b) necessarily determined by the dismissal, because the factual predicate for the applicability of 2 GCA 1120(b) was Carl collecting, or being eligible to collect, his legislative retirement when he assumed the Office of Governor in 1995 .
Here the Indictments were dismissed before any evidence was received, let alone any evidence probative of whether Carl was collecting, or being eligible to collect, retirement benefits when he assumed the Office of Governor in 1995. Therefore, the applicability of 2 GCA 2120(b) issue was not necessarily determined by the dismissal.
Therefore, the dismissal of the indictments against Carl would not bar the Retirement Fund Trustees, even now, from finding his annuity amount to be in violation of these statutes and recouping the overpayment.
Such action by the Trustees is not likely in light of the fact that the Board funded, out of Defined Benefit Plan members’ money, the criminal defense in the above referenced case to the tune of $400,000.
Ironically, AFTER the Public Auditor issued her report bringing Carl’s retirement scam into public view, the Retirement Fund started requiring elected public officials joining the Fund to acknowledge, in writing, the restrictions of 2 GCA 1120(b).
However, nothing prevents the Guam Attorney General, or a taxpayer and resident of Guam, from bringing suit against individual Trustees in their personal capacities to recover the monies misspent, under the Guam Enforcement of Proper Government Spending Act, Guam Code Title 5, Chapter 7, nor is the Attorney General alone likewise so prevented, under 4 GCA 8139.2, from bringing suit in her own right.
What’s more, the Attorney General could bring a criminal case against the Trustees. The Trustees are liable for the misdemeanor of Official Misconduct 9 GCA § 49.90. for“knowingly refrain[ing] from performing a duty which is imposed upon [them] by law or is clearly inherent in the nature of [their] office” i.e. failing to cut off the ongoing overpayments and recouping those already made.