WE DON'T NEED NO STINKIN' ABORTIONIST!

Section 1. Legislative findings. Notwithstanding that abortion has been judicially imposed on the Territory of Guam and is, as shown infra, contra to the announced public policy of the island, the Governor has announced that she is attempting to recruit or entice an abortionist to relocate to Guam.

WE DON'T NEED NO STINKIN' ABORTIONIST!

PROHIBITION OF PROCURING AN ABORTIONIST ACT OF 2019 

Even though recruitment of an off island abortionist is ultra vires her authority under the organic statute of her post, the Governor has tasked the Director of the Bureau Women’s Affairs, Jane Flores, to procure an abortionist. Flores has announced the she will have a “closed door meeting” with DPHSS officials to pursue the issue and left open the possibility that the abortionist might be a government employee. Flores said that she is going to contact scandal-ridden Planned Parenthood. While procuring an abortionist from off island may be part of the Governor’s personal agenda, she has no legislative mandate to do so.

This august body spoke out loud and clear in PL 20-134 in March of 1990 that abortion is contrary to the public policy of Guam. Bill 848 which was sponsored by Senators Nelson and Arriola and signed into law by Governor Ada makes that abundantly clear. Here’s § 1 of the PL 20-134:

“Section 1. Legislative findings. The Legislature finds that for purposes of this Act life of every human being begins at conception, and that unborn children have protectable interests in life, health, and well-being. The purpose of this Act is to protect the unborn children of Guam. As used in this declaration of findings the term "unborn children" includes any and all unborn offspring of human beings from the moment of conception until birth at every stage of biological development.”

Although the 9^th Circuit ruling in Guam Society of Obstetricians & Gynecologists, et al. v. Ada, Governor of Guam found it unconstitutional, this body has never repealed the provisions of PL 20-134 thus it remains as a compelling statement of the public policy of the island.

Because of the actions of the Governor, it is necessary to remind her of the public policy of the island and interdict the use of public resources or funds to procure an abortionist from off island.  The premier OB/GYN on island said it best in the June 12 Post, “Dr. Thomas Shieh said he would like to see Adelup working to recruit other doctors – those who "do procedures that will help us save lives – pediatric surgeons, more interventional cardiologists, rheumatologists, etc."

Section 2. 4 GCA § 14104 (f) 'Procuring an abortionist' shall mean the use of any officer or employee of any resource of the government or any public funds to advertise for,  recruit, employ or contract with an abortionist to relocate from off island  to Guam to act as such.

Section 3. 4 GCA § 14105.1 No department, agency or officer of this Territory shall pay or approve for payment from public funds any amount or amounts for procuring an abortionist.

Section 4. 5 GCA §1802 (f) To be responsible for closely monitoring issues relating to illegal attempts to procure an abortionist and to advise the Governor and the Legislature of such attempts.

Section 5. 9 GCA § 31.23 Illegal Procurement of Abortionist Punished. Any person violating 4 GCA § 14105.1 shall be guilty of a misdemeanor.

4 TO 6 M-F THE POINT 93.3 FM

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THE KELLY CLARK EMAIL

4 to 6PM, M-F on ThePoint 93.3 FM.

The text of the email I received from Kelly Clark, Esq., General Counsel for the Guam Waterworks Authority, is set out below. It's probably safe to say that Clark is at least an occasional member of Tall Tales International Radio Listening Audience! 

Here’s an excerpt from Clark’s addition to the Post article here , “…no one in the media is talking about that. $260 million dollars of infrastructure work to benefit the island isn't news but whether or not I'm going to sue a radio host is. Pathetic priorities in my opinion,’ Clark said.” Clark is in a good position to expound upon pathetic priorities.

KELLY CLARK'S EMAIL

"Mr. Klitzkie

It is my understanding you are now in receipt of my personal employee evaluation created by my employer, GWA for the CCU meeting you incessantly rant about on your radio show and in other public places.  The evaluation was released by the CCU over my objection and against the advice of conflict counsel.  Although I have not seen that information, your re-publication of any portion of what I consider my private information is an egregious offense to me.  I am telling you now, that if you speak in public of or otherwise release any of that information, I will sue you.  After having been put on notice of the facts of this matter, you proceed as you have with several of the other employees of GWA and GPA, it will be action on your part that is clearly malicious and intended only to boost the dismal ratings of your blood sport inspired radio show.   

Kelly O Clark"

THE SALARY TRANSPARENCY ACT OF 2019

Robert Klitzkie, Esq.

22 Baki Ct., Yigo, GU 96929

 (671) 653-6607

klitzkie@hotmail.com

June 2, 2019

Honorable Senators:

The recent closeted antics of the CCU as they provided exorbitant raises to the GPA/GWA mana’kilu cries out for action by you. I respectfully suggest a complete prohibition of discussion of anything even remotely related to salary increases in executive session, coupled with complete disclosure and a lay before provision that would allow you take such corrective action as you find appropriate. Please consider a bill along the lines of THE SALARY TRANSPARENCY ACT OF 2019, infra. The legislative findings could consist of the Friday Post front page article entitled “Ridgell on utility pay raises: 'The trick is on us.’” I suggest the following as the substance of the act:

THE SALARY TRANSPARENCY ACT OF 2019

12 GCA Chapter 2 Autonomous Agencies: General Provisions

§ 2101.Salary adjustment: Lay before provision. No salary adjustment by a board or commission for its employees shall be effective until the certificate of the Chair of the board or commission has lain before the legislature for ninety days.

§ 2102. Same: Procedure. The resolution providing for a salary adjustment for a board or commission for its employees shall be transmitted to the Speaker along with the certificate of the Chair no later than ninety days before the legislature adjourns sine die.

§ 2103. Contents of certificate.  The certificate of the Chair must be executed pursuant to 6 GCA § 4308. The certificate must state that all aspects of the resolution providing for the salary adjustment were discussed and adopted in a properly called and noticed open and public meeting, a quorum being present and minutes being recorded.

§ 2104. Same: Reporting. The certificate of the Chair must show that the requirements of 5 GCA § 8113.1 have been complied with.

§ 2105. Salary adjustment void.  An attempted salary adjustment not in compliance with the provisions of this chapter is void ab initio.

Adoption of THE SALARY TRANSPARENCY ACT OF 2019 would hold accountable for legal compliance the Chair of every board and commission engaging in salary adjustment. The ninety day lay before provision would allow you to nix board or commission overreach e.g. that demonstrated by the CCU last November 27.

Respectfully submitted,

/s/ Robert Klitzkie

Robert Klitzkie