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Tuesday, March 6, 2018

THE MISSOURI MANEUVER!

Robert Klitzkie, Esq.
22 Baki Ct., Yigo, GU 96929
 (671) 653-6607
March 7, 2018
Chairman Mike San Nicolas and Honorable Members of the Committee on General Government Operations, etc. Today I testify in favor of this bill but am not asking that Bill 247-34 pass!

The provisions of this bill will provide the long term structural reconstruction necessary to avoid the mind set that got us where we are today and can provide an effective, efficient government that provides basic services in accordance with the rule of law on at least a break-even basis.

 Up until now our government was devoted to priorities. We emphasized priorities.  We paid homage to priorities. We enacted laws for priorities. We appropriated money for priorities. The only problem was that EVERYTHING was a priority, thus NOTHING was a priority. Enacting this bill will show your constituents what your priorities really are:

Group I
PN 100 Education:
101E Guam Department of Education
102E University of Guam
103E Guam Community College
104E Guam Public Library
Health:
101H Guam Memorial Hospital Authority
102H Guam Behavioral Health and Wellness Center
103H Department of Public Health and Social Services
Public Safety(S):
101S Guam Police Department
102S Guam Fire Department
103S Department of Corrections
104S Department of Law (prosecution division)
105S Department of Customs and Quarantine Agency
106S Department of Youth Affairs (custodial; corrections related)
107S Guam Homeland Security; Office of Civil Defense

The identification of Group I aids in several governmental functions, e.g. budgeting, personal management, recruitment and of course layoffs, furloughs, RIFs and any other function suggesting prioritization. When government initiatives are considered the effect on Group I can be the litmus, e.g. should $400,000 be spent to send a soccer team to a tournament? If so, what is the impact on Group I? How about $810,147 for a government holiday? South Pacific Games? Festpac? $300,000 worth of executive security for the Governor, Lieutenant Governor and first lady which, contrary to what Chief Cruz told the Post, is NOT required by law.

Take the budgeting process as an example.  A standard budget for Group I could be introduced, debated, passed and sent to the Governor. The legislature could then go through the same drill for Group II and whatever remains would be allocated to Group III; the governor to use a  100% transfer authority. This procedure avoids the rather unsightly spectacle provided by the legislature working a single budget for the entire government where each item appears (repeating, appears) of equal weight. Thus the practice has been that if a senator would increase an appropriation to what should be recognized as a priority, the cry arises from a backbencher, “WHERE YOU GONNA CUT?!” Budgeting for priorities shouldn’t be seen as a zero sum game with the entire government on the other end of the scale from priority functions.

§§2203 et seq. allow the Governor to develop a governmental structure to replace the haphazard ad hoc governmental structure  that metamorphosed after 1950. 48 USC § 1422c (d) of the Organic Act gives the Governor the responsibility to reorganize but not the power in the face of statute.  Over the years the uncontrollable urge to pander to government employees erected so many road blocks as to make reorganization impossible.. The complexity encountered to reorganize the entire government probably exceeds the design capability of any legislature.

Enacting the provisions of the bill probably involves a fair amount of legislative quibbling, e.g. does the library belong in Group I? Bureau of Budget and Management Research in Group II? And so on. Caveat: whatever the Governor does ten of you can undo.

Testimony on Bills 248 and 5S will explicate upon the parliamentary acrobatics necessary to make a tax increase barely palatable even to cynics like me. Let’s call it the Missouri Maneuver. [Preview: Standing Rules §§  4.02 & 6.01]

Respectfully submitted,
Original signed by Robert Klitzkie

Robert Klitzkie

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