i mina’trentai kuåttro na liheslaturan guåhan appointments ... · • copy of the appointment...

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I Mina’Trentai Kuåttro Na Liheslaturan Guåhan APPOINTMENTS DOCUMENT NO. APPOINTEE POSITION AGENCY APPT. DATE TERM LENGTH CMTE REFERRED DATE REFFERED PUBLIC HEARING DATE CMTE REPORT FILED DATE CONFIRMED NOTES 34GL-18-1403 Austin J. Duenas Member Chamorro Land Trust Commission 1/17/18 Three (3) Years Committee on Environment, Land, Agriculture, and Procurement Reform 1/22/18 2/9/18 1:00 p.m. 3/2/18 5:31 p.m. Clerks Office Page 1 of 1 9:38 AM 3/4/2018

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Page 1: I Mina’Trentai Kuåttro Na Liheslaturan Guåhan APPOINTMENTS ... · • Copy of the Appointment Letter to the Speaker • Copy of the Appointment Packet and Supporting Documents

I Mina’Trentai Kuåttro Na Liheslaturan GuåhanAPPOINTMENTS

DOCUMENT NO. APPOINTEE POSITION AGENCY APPT. DATE TERM LENGTH CMTE

REFERREDDATE

REFFERED

PUBLIC HEARING

DATE

CMTE REPORT FILED

DATE CONFIRMED NOTES

34GL-18-1403 Austin J. Duenas Member Chamorro Land Trust Commission 1/17/18 Three (3) Years Committee on Environment, Land, Agriculture, and Procurement Reform 1/22/18 2/9/18

1:00 p.m. 3/2/18

5:31 p.m.

Clerks OfficePage 1 of 19:38 AM  3/4/2018

Page 2: I Mina’Trentai Kuåttro Na Liheslaturan Guåhan APPOINTMENTS ... · • Copy of the Appointment Letter to the Speaker • Copy of the Appointment Packet and Supporting Documents

Sen. Thomas Ada Chairman

Committee on Environment, Land, Agriculture, and Procurement Reform I MinaTrentai Kuatro Na Liheslaturan Guahan • 34th Guam Legislature

March 2, 2018

The Honorable Therese M. Terlaje Acting Speaker I Mina 'Trentai Kuattro Na Liheslaturan Guahan 163 Chalan Santo Papa Hagatfla, Guam 96910

VIA: The Honorable Regine Biscoe L.@ Chairperson, Committee on Rules

RE: Committee Report on the Executive Appointment of Mr. Austin J. Duenas to serve as a member of the Chamorro Land Trust Commission.

Ha/a Adai Acting Speaker Terlaje, l

......, ' Transmitted herewith is the Committee Report on the Executive Appointment of Mr~ '

Austin J. Duenas to serve as a member of the Chamorro Land Trust Commission. ~"~

Committee votes are as follows:

TO DO CONFIRM

TO NOT CONFIRM

\ TO REPORT OUT ONLY

TO ABSTAIN

TO PLACE IN INACTIVE FILE RECEIVED

;€mQQse'W! Thomas C. Ada

Ada Plaza Center, Suite 207 • 173 Aspinall Ave. • Hag:itita, Guam 96910 (671) 473-3301 • [email protected] • www.SenatorAda.org

;_:,) I I

N

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Sen. Thomas Ada Chairman

Committee on Environment, Land, Agriculture, and Procurement Reform I MinaTrentai !Vtatro Na Uheslaturan Guahan • 34th Guam Legislature

COMMITTEE REPORT ON

The Appointment Of Austin J. Duenas

To serve as a Member of the Chamorro Land Trust Commission

expiring April 10, 202~.

-·---·-------------·-·---------·----·---------·- ------···---------------------------

Ada Plaza Center, Suite 207 • 173 Aspinall Ave. • Hagatiia, Guam 96910 (671) 473-3301 • [email protected] • www.SenatorAda.org

Page 4: I Mina’Trentai Kuåttro Na Liheslaturan Guåhan APPOINTMENTS ... · • Copy of the Appointment Letter to the Speaker • Copy of the Appointment Packet and Supporting Documents

Sen. Thomas Ada Chairman

Committee on Environment, Land, Agriculture, and Procurement Reform I MinaTrentai Kuatro Na Lihes/aturan Guahan • 34th Guam Legislature

March 2, 2018

MEMORANDUM

To: All Members Committee on Environment, Land, Agriculture and Procurement Reform

From: Senator Thomas C. Ada Qr.-----­Committee Chairperson

Subject: Committee Report on Appointment of Austin J. Duenas

HafaAdai,

Transmitted herewith for your consideration is the Committee Report on the appointment of Mr. Austin J. Duenas to serve as a member of the Chamorro Land Trust Commission.

This report includes the following:

• Copy of the Appointment Letter to the Speaker • Copy of the Appointment Packet and Supporting Documents • Copy ofCOR Referral of the Appointment • Notices of Public Hearing • Copy of Public Hearing Agenda • Public Hearing Sign-in Sheet • Copies of Submitted Testimonies and Supporting Documents • Committee Report Digest • Committee Vote Sheet

Please take the appropriate action on the attached vote sheet. Your attention to this matter is greatly appreciated. Should you have any questions or concerns, please do not hesitate to contact me.

Ada Plaza Center, Suite 207 • 173 Aspinall Ave. • Hagatiia, Guam 96910 (671) 473-3301 • [email protected] • www.SenatorAda.org

Page 5: I Mina’Trentai Kuåttro Na Liheslaturan Guåhan APPOINTMENTS ... · • Copy of the Appointment Letter to the Speaker • Copy of the Appointment Packet and Supporting Documents

Senator Thomas C. Ada. Vice ChcHper$on

Senator Dennis G. Rodriguez. Jr .• Member

Speaker Benjamin J.F. Cruz. Member

Senator Joe S. Son Agustin. Member

Vice Speaker Therese M. Terlaje. Member

COMMITTEE ON RULES SENATOR REGINE BISCOE LEE, CHAIR

SIKRITARIAN LIHESLATURAN GUAHAN

Senator Michael F.Q. Son Nicolas. Member

senator Frank B. Aguon. Jr .• Member

Senator James v. Espaldon, Member

SenalorTelena C. Nelson. MP.mhAr

I MINA'TRENTAI KUATTRO NA LIHESLATURAN GUAHAN LEGISLATIVE SECRETARY• 34rn GUAM LEGISLATURE

Senator Mary Camacho Torres.

January 22, 2018

MEMO To: RennaeMano

Clerk of the Legislature

Atfot'ney Julian Aguon Leglslatlve Legal Counsel'

From: Senator Regine Biscoe Lee Chairperson, Committee on Rules

Re: Referral of Appointment

Buenos yan Hafa addi.

As Chairperson of the Committee ·on. ~uli"s,· I _om forwarding the referral of the following appointment:

·Appglnftte: Austin J. Du9ftas

Position: Member, Chamorro Land Trust Commission

Term Length: three (3) Years

Term Served: AprR 11. 2018 to AprD 10, 2021

The appointee's. nomination packet may be referenced In the Guam Legislature's webslte at http://gugmleqjslqture.com/34tb mess comms.htm. Please refer to the followiig document:

"34Gl-18-1403 - Office of the Governor • Appointment and Supporting Documents: Austin J. Duenas. Member. Chamorro land Trust Commission."

Please ensure that the aforementioned appointment· ls referred to Senator lhomas C. Ada, Chairperson of the Committee on Environment, Land, Agriculture, and Procurement Reform.

Thank you for your attention to this important matter.

Respectfully,

/}fit~(} f1) ~~~~Lee 1halrperson, Committee on Rules

-----hlll~-----OUAM CONGRESS BUILDING • 163 CHALAN SANTO PAPA• HAGAT~A, OUAM 96910

Telephone; (671) 472·3455 • Bmall add"COH• co~•[email protected]

Member

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Page 7: I Mina’Trentai Kuåttro Na Liheslaturan Guåhan APPOINTMENTS ... · • Copy of the Appointment Letter to the Speaker • Copy of the Appointment Packet and Supporting Documents
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Mr. Austin J. Duenas VIA HAND DELIVERY

Dear Mr. Duenas:

EDDIE BAZA CALVO Governor

RAY TENORIO lieutenant Governor

Thank you for your commitment to serve the people of Guam. The Calvo-Tenorio administration continues to face challenges, both near and long-term. Facing these challenges requires the collective efforts of the best minds who have the courage to make tough decisions for the good of all our people. I hereby appoint you to serve in the Calvo-Tenorio administration as:

Member, Chamorro Land Trust Commission Term length: Three (3) years

Term served: April 11, 2018 to April 10, 2021

This appointment is subject to the advice and consent of 1 Liheslaturan Guahan. Please contact the Office of the Governor at 472-8931 should you have any questions.

Senseramente,

Office of the Governor of Guam• 513 West Marine Drive• Ricardo J. Bordallo Complex• Hagatna, Guam 96910 Tel: (671) 472-89:) I • F:;;ix; ((}_71} 477 ~41\'2.6 • goyeni.n.cgv.:im.?."V • s.a!endar . .gtJ::Jm,g0v

U Eddie Baza Calvo ell @eddiebazacalvo ~. ~: @governorcalvo ~ govemorofguam

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OFFICE OF THE GOVERNOR GUAM

Boards & Commissions Nomination Information

The following information is required for submission to the Speaker of I Liheslaturan Guahan in accordance with Title 4, Guam Code Annotated Section 2103.5 and Section 13104. l:

NOMINEE INFORMATION

Last Name Duenas First Austin M.1.J Date 1 /5/2018 Address

City

Phone

Position to which Appointment is Made

Are you a citizen of the United States?

EDUCATION

ApartmenUUnit #

state Guam ZIP

E-mail Address

CL1C YES• NO

If no, are you authorized to work in the U.S.? YES

High school Southern High School cityistate Santa Rita, Guam

NO

From 2003 To 2007 ~:~du0a~e? YES• NO Degree High School Diploma

College

From

University of Guam

2007 To 2011 ~:~Ju0a~e?

City/State

YES II

Rev. 04-2013_v.2.scm All other versions obsolete

nor. No 34GI -18-1403

Mangilao, Guam

No · Degree Bachelor's

I! Page

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EDUCATION

Graduate School

From

Other Degree

From

N/A To

N/A To

Did you graduate?

Did you graduate?

City/State

YES

City/State

YES

EMPLOYMENT HISTORY

(1) Present Office of the Lieutenant Governor of Guam Position

Employer

Address Ricardo J. Bordallo Governor's Complex Dates Held

(2) Previous Louis Vuitton Saipan, Inc. Position

Employer

Address Garapan, Saipan Dates Held

(3) Previous Office of the Lieutenant Governor of Guam Position

Employer

Address Ricardo J. Bordallo Governor's Complex Dates Held

(4) Previous Louis Vuitton Guam, Inc. Position Employer

Address Tuman, Guam Dates Held

(5) Previous Contruction Resources Position Employer

Address Agana, Guam Dates Held

PRIOR GOVERNMENT OF GUAM SERVICE

Agency Phone

Address

Job Title From:

Rev 04-2013_v.2.scm All other versions obsolete

noc No 34(~1 -18-1403

NO Degree

NO Degree

Administrator

2016 - Present

Team Manager (Store-In-Charge)

2015-2016

Policy Analyst/Executive Assistant

2013-2015

Sales Associate/Retail Operations Management Trainee

2012-2013

Resource Center Manager

2012

To

1

Page 11: I Mina’Trentai Kuåttro Na Liheslaturan Guåhan APPOINTMENTS ... · • Copy of the Appointment Letter to the Speaker • Copy of the Appointment Packet and Supporting Documents

PRIOR GOVERNMENT OF GUAM SERVICE

Agency Phone

Address

Job Title From To

PRIOR GOVERNMENT SERVICE (EXCLUDING GOVERNMENT OF GUAM)

Agency Phone

Address

Job Title From:

Agency Phone

Address

Job Title From:

TRAINING

Institute/Seminars/On-the-Job Training:

Managing People - Bootstrap - L VMH

Client Experience - Louis Vuitton

Advance Leadership Seminar - Dan Dorr

AWARDS List all educational. professional, civic awards, and recognition for public service:

To

To

Date

May 2016

November 2015

July 2015

Certificate of Appreciation -Stakeholder - Judiciary of Guam

Rev. 04-2013_v.2.scm All other versions obsolete 3 \Pa 9 c:_·

nor. No 34GI -18-1403

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PROFESSIONAL INVOLVEMENT

List involvement on a local/national/international level, list organization, activities participated in, offices held

COMMUNITY I CIVIC INVOLVEMENT

List organizations, activities, participated in, offices held

UOG's Political Science Student Association - Vice-President 2010-2011

UOG's Political Science Student Association - President 2011

PUBLICATIONS AND PRESENTATIONS

List any published articles, papers delivered at professional meetings, etc.:

MILITARY SERVICE (PLEASE ATTACH FORM DD-214)

Branch

Rank at Discharge

Rev. 04-2013_v.2.scm All other versions obsolete

nor. No 34GI -18-1403

From

Type of Discharge

To

Page 13: I Mina’Trentai Kuåttro Na Liheslaturan Guåhan APPOINTMENTS ... · • Copy of the Appointment Letter to the Speaker • Copy of the Appointment Packet and Supporting Documents

OTHER INFORMATION ( 1) Have you ever been found guilty of a felony in any court, whether within or without the United States?

If so, please specify in detail:

YES NO•

Date of Conviction:----------------------------------

Specific infraction committed: ------------------------------

(2) Have you ever been declared mentally incompetent by any court, whether within or without the United States?

If so, please specify in detail the reasons and facts related to such declaration:

(3) Have you ever been found not guilty or not punishable in any criminal proceedings by reason of insanity?

(4) Have you ever been confined to a mental institution for any reason?

YES NO•

YES NO•

YES NO II

If so, please specify in why the appointing authority believes you that you are not suffering from any mental illness or affliction:

Rev 04-2013_v.2.scm All other versions obsolete

no~ No 34Gt -18-1403

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TO:

FROM:

Statement of Financial Interests (Required by 4 G.C.A. § 13104.1)

Governor Eddie Baza Calvo Ricardo J. Bordallo Governor's Complex Adel up, Guam 96910

Austin J. Duenas

~ I have no financial interest in any business

..f.-' po have interest(s) in the following business(es):

Name and address of business interest: Type and amount of interest

January 11, 2018 Signature Date

Rev 04-2013_v.2.scrn All other versions obsolete 6!Page

nnr: Nn 34GI -18-1403

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AFFIDAVIT I DECLARATION UNDER PENAL TY OF PERJURY I, the undersigned, do hereby depose and say that: (1) I have read and reviewed the information contained in

the attached Appointment/Nomination letter from the Governor of Guam; (2) that the matters contained in the

Appointment/Nomination letter, together with all attachments thereto, are true and correct and that I am

competent to testify to said matters; and (3) that this Declaration is made for the purpose of complying with

the requirements of 4 G.C.A. Section 2103.5.

I declare under penalty of perjury under the laws of Guam (4 G.C.A. Section 4308) that the foregoing is true

and correct.

Signature Date ~·- 11 } c/S (/ (

Rev. 04-2013_v.2scm All other versions obsolete 7

nnr. Nn 34GI -18-1403

Page 16: I Mina’Trentai Kuåttro Na Liheslaturan Guåhan APPOINTMENTS ... · • Copy of the Appointment Letter to the Speaker • Copy of the Appointment Packet and Supporting Documents

SUPERIOR COURT OF GUAM Guam Judicial Center • 120 West O'Brien Drive • Hagatna, Guam 96910

DANIELLE T. ROSETE Clerk of Courts

Name: AUSTIN J. DUENAS

SS#: ID# Date of Birth:

Telephone (671) 475-3370

Fax (671) 472-2856

CERTIFICATE OF SEARCH

The undersigned Clerk hereby certifies the following results of a diligent search of the records of this Coun:

Criminal Cases: Civil Cases:

A. i><l No Case Found A. l I No Case Found

B. I. Criminal Case No. B I. Civil Case No.

2. Criminal Case No. 2. Civil Case No.

3. Criminal Case No. 3. Civil Case No.

4. Criminal Case No. 4. Civil Case No.

5. Criminal Case No. 5 Civil Case No.

Criminal Record: Page 1 of 1 Civil Record: Page 1 of 1

Request for further information may be addressed at the Records Division of the Superior Court of Guam, Guam Judicial Center, 120 West O'Brien Drive, Hagati'ia, Guam. Hours of operation are Monday ~ Friday, 8:00 a.m. to 5:00 p.m. Closed Saturday, Sunday and local/federal holidays. Court Clearances are Non-Refundable.

Dated: 01/11/2018

The absence of an original Court Seal

invalidates this document

TE Clerk of Courts

BY: BRYAN A. EUSTAQUIO D puty Clerk

Prepared By: BAE

nor. No 34GI -18-1403

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Government of Guam GUAM POLICE DEPARTMENT

RECORDS & IDENTIFICATION SECTION P.O. Box 23909

Guam Main Facility, Guam 96921

January 11, 2018

SUBJECT: CRIMINAL HISTORY RECORD

~---~-------------

NAME: Austin John DUENAS

DATE OF BIRTH: FINGERPRINT#: NONE

• he individual has no record of criminal conviction(s) in GPD files that ar subject to Guam law and rules and regulations of the Department.

****************NOTHING FOLLOWS*****************

AS OF THE ABOVE DATE. TfllS INFOR1'vfATfON 1HA}' BE L/A41TED TO A LOCAL CRIJ!INAL OFFENSE ONU. AND IS NOT INTENDED FOR USE FOR ANY l.OC4L. ST.JTF:. OR FF:DERAL LAW ENFORCEHENTAGENCY. Tl/IS CLEARANCE DOES NOT REFLECT ARREST (SJ

PENDING AD.!UDIC.fflON ~~- . , . _ -~

~· /~~dquintanilla

The absencl' of an original GllAM POLICE

~:~J !!.!":··2~:!!:?!?!". !~~ f.'!f:!L;::·: *!;;·;;:-o"~~::;:. RF.:\.'ISEO OH/I I/IS

JOSEPH I.CRUZ

nn~ Nn 34(;1 -18-1403

Page 18: I Mina’Trentai Kuåttro Na Liheslaturan Guåhan APPOINTMENTS ... · • Copy of the Appointment Letter to the Speaker • Copy of the Appointment Packet and Supporting Documents

Sma/'1r Tom Ada

1st Notice of Public Hearing: Friday, February 9, 2018at1 :00 p.m. and 6:00 p.m.

Richard Salas <[email protected]> Fri, Feb 2, 2018 at 9:24 AM To: Media <[email protected]>, Walter Leon Guerrero <[email protected]>, [email protected], Conchita San Nicolas Taitano <[email protected]>, [email protected], [email protected], [email protected], [email protected], Carmelita Babauta <[email protected]>, Russell Campbell <[email protected]>, [email protected], Michael Borja <[email protected]>, DLMDIR <[email protected]>, [email protected], [email protected], Antonio S Gumataotao <[email protected]>, [email protected], [email protected], [email protected], [email protected], Lou Sablan <[email protected]>, [email protected], [email protected], "J. George Bamba" <[email protected]>, judi guthertz <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], MCOG Secretary Elaine <[email protected]>, [email protected], [email protected], MELISSA SAVARES <[email protected]>, Mayor Rudy <[email protected]>, "Mayor Louise C. Rivera" <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], nenson@uguam. uog .edu' [email protected], [email protected], [email protected], John. [email protected], vie. [email protected], [email protected], dds@g uam. net, [email protected], [email protected], [email protected], Thomas Hertslet <[email protected]>

February 2, 2018

MEMORANDUM

To: All Senators, Stakeholders and Media

Fr: Senator Thomas C. Ada, Chairperson

Subject: 1st Notice of Public Hearing: Friday, February 9, 2018at1:00 p.m. and 6:00 p.m.

The Committee on Environment, Lands, Agriculture, and Procurement Reform will be conducting a public hearing on Friday, February 9, 2018 at 1:00 p.m. and 6:00 p.m. This hearing will take place in I Liheslaturan Guahan, Public Hearing Room. The agenda is as follows:

Executive Appointment of Mr. Austin J. Duenas to serve as a member of the Chamorro Land Trust Commission.

Bill No. 83-34 (COR). -An act to authorize the Guam Environmental Protection Agency to procure the services of a qualified respondent or respondents for the proper disposal of green waste resulting from post-typhoon cleanup and village beautification efforts. - F.B. Aguon, Jr.

Bill No. 222-34 (COR). -An act to authorize the sale of a 394 square meter irregular remnant portion of the Old Piti-Agana road fronting Lot 85-2 in the municipality of Piti. - T.C. Ada

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Bill No.223-34 (COR)-An act to re-zone Lot 5010-lNEW, Lot 5042-1 and Lot 5042-Rl in the municipality of Dededo from "R2" (Residential Multiple Dwelling Zone) to "M2" (Industrial Zone) for the construction of a new Guam Power Authority Northern Power Generation Plant (Plant). -T.C. Ada

Testimony on Executive Appointment of Mr. Austin J. Duenas, Bill No. 83-34 (COR), Bill No. 222-34 (COR), and Bill No. 223-34 (COR) should be addressed to Senator Thomas C. Ada,

Chairperson, and will be accepted via hand delivery to our office, our mailbox at the Guam Congress Building at 163 Chalan Santo Papa, Hagatfia, Guam 96910, via email to [email protected], or via

facsimile to (671) 473-3303 no later than 4pm February 12, 2018.

In compliance with the Americans with Disabilities Act, individuals requiring special accommodations or services should contact the Office of Senator Tom Ada at 473-3301.

Thank You, Richard Salas Policy Analyst Office of Senator Thomas C. Ada I Mina'trentai Kuattro na Liheslaturan Guahan - 34th Guam Legislature Office (671) 473-3301

5 attachments

~ 1st.Notice.pdf 66K

~ Doc. No. 34GL-18-1403.pdf 980K

~ Bill No. 83-34 (COR).pdf 181K

~ Bill No. 222-34 (COR).pdf 222K

~ Bill No. 223-34 (COR).pdf 234K

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February 2, 2018

MEMORANDUM

To: All Senators, Stakeholders and Media

Fr: Senator Thomas C. Ada, Chairperson ~

Subject: 1'1 Notice of Public Hearing: Friday, February 9, 2018 at 1:00 p.m. and 6:00 p.m.

The Committee on Environment, Lands, Agriculture, and Procurement Reform will be conducting a public hearing on Friday, February 9, 2018 at 1:00 p.m. and 6:00 p.m. This hearing will take place in I Liheslaturan Guahan, Public Hearing Room. The agenda is as follows:

l:OOpm

Executive Appointment of Mr. Austin J. Duenas to serve as a member of the Chamorro Land Trust Commission.

Bill No. 83-34 (COR)- An act to authorize the Guam Environmental Protection Agency to procure the services of a qualified respondent or respondents for the proper disposal of green waste resulting from post-typhoon cleanup and village beautification efforts. - F.B. Aguon, Jr.

Bill No. 222-34 (COR} - An act to authorize the sale of a 394 square meter irregular remnant portion of the Old Piti-Agana road fronting Lot 85-2 in the municipality of Piti. -T.C. Ada

6:00pm

Bill No. 223-34 (COR) -An act to re-zone Lot 5010-1 NEW, Lot 5042-1 and Lot 5042-R 1 in the municipality of Dededo from "Rl" (Residential Multiple Dwelling Zone) to "M2" (Industrial Zone) for the construction of a new Guam Power Authority Northern Power Generation Plant (Plant). - T.C. Ada

Testimony on Executive Appointment of Mr. Austin J. Duenas, Bill No. 83-34 (COR), BiJI No. 222-34 (COR), and Bill No. 223-34 (COR) should be addressed to Senator Thomas C. Ada, Chairperson, and will be accepted via hand delivery to our office, our mailbox at the Guam Congress Building at 163 Chalan Santo Papa, Hagatfia, Guam 96910, via email to [email protected], or via facsimile to (671) 473-3303 no later than 4pm February 12, 2018.

In compliance with the Americans with Disabilities Act, individuals requiring special accommodations or services should contact the Office of Senator Tom Ada at 473-3301.

Ada Plaza Center, Suite 207 • 173 Aspinall Ave. • Hagatiia, Guam 96910 (671) 473-3301 • [email protected] • www.SenatorAda.org

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N --.. .,~ ··~-· ................. . ! ~ GHURA conspiracy case ff: • i

By Louella Loslnlo [email protected]

Open Government Law by failing to publi­cize the meetings and rubber-stamping decisions afterward.

!::; Defendants in the Guam Housing and :!§ Urban Renewal Authority conspiracy case :Ii this week filed a motion to dismiss at the ~ Superior Court of Guam.

They are facing a total of 47 misde­meanor charges, including official miscon­duct and conspiracy for alleged violations of the Open Government Law.

During a motions hearing Wednesday, Deputy Attorney General Joseph McDonald opposed the motion filed by the defendants.

McDonald presented arguments supporting his opposition to the motion filed by the defendants. He highlighted alleged violations made to the Open Government Law, including the private meeting and electronic voting done by members of the board.

"You can't use electronic means to violate the spirit of the Open Government Law, and what we have is electronic voting," he said during the hearing. "Voting is supposed to take place in a public meeting where the public is invited and where roll is taken, and where there is a chance to see everyone deliberate at the meeting."

Attorney Jay Arriola, who represents former GHURA board member Deanne Torre, responded to McDonald stating that no collective decisions were made during the working sessions with the board.

"Not one single collective decision was ever made in any of these working sessions," Arriola said. "Sometimes they may or may not even have a quorum."

Former GHURA board members Torre, David Sablan, Cecile Suda, Roland Selvidge, John llao and Rosie Blas, and GHURA Exec­utive Director Michael Duenas face misde­meanor charges for allegedly violating the

'There Is sufficient evidence' "Clearly we see ... in the entire length of

the declaration - not just statements by board members but through the investiga­tion, you have employees, staffers, former executive directors - there is so much fact in there," McDonald said. "There Is suffi­cient evidence."

Severance motions seeking to have their clients tried separately from the other defendants also have been filed by Joseph Razzano, who• represents llao, and Curtis Van de Veld, who represents Suda.

Judge Anita Sukola heard the motion-re­lated arguments and took the matters under advisement.

A hearing was set for 9 a.m. Feb. 28. During the next hearing, the court will hear the government's motion for reports on any experts to be used for the trial.

Raid on GHURA offices The charges utilized some of the paper

and electronic documents seized during a 2016 raid at the GHURA main office in Sinajana by the FBI, the U.S. Department of Housing and Urban Development inspec­tor general and Guam's Office of the Attor­ney General, Post files state.

The muitlagency investigation also issued multiple subpoenas to GHURA, which is a recipient of more than $30 million in federal housing program funds every year.

Sen. Thomas Ada Committee on Envirorunent, Land,

Agriculture, and Procurement Reform

Public Hearing Notice Friday, February 09, 2018

I Liheslaturan Guahan, Public Hearing Room

AGENDA

Executive Appointment of Mr. Austin J. Duenu to serve as a member of the Chamor­ro Land Trust Commission.

BUI No. 83-34 (COR), Frank B. Aguon Jr.-An act to authorize the Guam Environmen­tal Protection Agency to proclll'e the services of a qualified respondent or respondents for the proper disposal of green waste resulting from post-typhoon cleanup and village beautification efforts.

Bill No. 222-34 (COR), Thomas C. Ada-An act to authorize the aale of a 394 square meter irregular remnant portion of the Old Piti-Agana road fronting Lot 85-2 In the municipality of Pltl.

BUI No. 223-34 (COR), Thomas C. Ada-An act to re-zone Lot 5010-lNEW, Lot 5042-1 and Lot 5042-Rl in the municipality ofDededo from "R2" (Residential Multiple Dwelling Zone) to "Ml" (Industrial Zone) for the construction ofa new Guam Power Authority Northern Power Generation Plant (Plant).

Individuals requiring special~ should submit~ to Rick Salas at 473-3301. l>aid fur by Commince funds. WWW.seQ81orada.OIJI

seek summary judgment By Louella Loslnio [email protected]

Defendants in a multimil­lion-dollar tax case have filed a motion for summary judgment at the District Court of Guam.

Michael J. Berman, legal coun­sel for Danny Leon Guerrero, Jennifer Rose Rabago, Christine Evangelista, Freddie D. Aflague, Monica Jane Aflague and Betty Jane Torres Blas, flied the motion onJan.22.

In January 2016, the Depart­ment of Revenue and Taxation filed a complaint in the District Court asking for a judgment to

· be issued against Leon Guerrero for owed taxes and the foreclo­sure of real property belonging to Leon Guerrero, Rabago, Evan­gelista and Freddie and Monica Aflague ..

In its complaint, ORT said Leon Guerrero owed $3.2 million in unpaid taxes for tax years 1999, 2000, 2001and2002, including interest and penalties.

However; Leon Guerrero, through his legal counsel, contends the government owes him approximately $1.7 million and applicable interest since tax year2005.

Magistrate Judge Joaquin Manibusan Jr. yesterday presided over the preliminary pretrialconference,duringwhich parties discussed the status of the case including the current motion for summary judgment

filed by the defendants. In the court documents,

Berman said the government's claims are barred by both the three-year and the 10-year stat­utes of limitations because of the failure to properly execute and produce the relevant assessment certificates.

Berman said federal codes "clearly state that the assess­ment of any tax imposed may be collected but only ifthe proceed­ing began within 10 years after the assessment of the tax."

He said the defendants are entitled to judgment as a matter of law, and that the defendants' motion for summary judgment should be granted.

According to Berman, during a motion hearing on July 6, 2017, the plaintiff admitted it could not locate the certificate of assessment for tax years 1999, 2000, 2001 and 2002.

Lien notices A notice of lien was filed on

Aug. 15, 2006, for $1.9 million with the Superior Court of Guam, District Court and the Department of Land Manage­ment. The lawsuit states that the government generally has 10 years from the date of assess­ment to collect an unpaid tax assessment, unless a timely proceeding is filed in court to collect the tax.

On June 4, 2007, Rev and Tax filed a second notice of lien for $2million.

The EMC Cancer Foundation Statement of Activities

20171ncome Donations Fundraising Grants Other Income

Total Income

2017 Expenses Grants

Year Ending 12/31/2017

Support Services Operating Expenses Fundralslng Expenses

Total Expenses Change In Net Assets

Net Asset Beg Net Asset End

ASSETS cash Land

Total Assets

StatementofFlnancial Position

LIA61LITTES Accounts Payable

NETASSITS

TOTAL LIABILITIES & NET ASSETS

31.205.62 91,065.55

301,676.69 549.84

424,497.70

395,407.86 59,70656 36,021.11 24,853.6'7

517,989.22 (93,49152)

1,nt,343.20 1.627.651.68

205,757.18 1.423,558.00 1.629,315.18

1,46350

1,627,851.66

1.629.315.18

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•if<•ff'<•·f

Sena/()r Tum Adu c:-· F; !'IJ.·>

2nd Notice of Public Hearing: Friday, February 9, 2018 at 1 :00 p.m. and 6:00 p.m.

Richard Salas <[email protected]> Wed, Feb 7, 2018 at 9:42 AM To: Media <[email protected]>, Walter Leon Guerrero <[email protected]>, [email protected], Conchita San Nicolas Taitano <[email protected]>, [email protected], [email protected], [email protected], [email protected], Carmelita Babauta <[email protected]>, Russell Campbell <[email protected]>, John Limtiaco <[email protected]>, Michael Borja <[email protected]>, DLMDIR <[email protected]>, [email protected], [email protected], Antonio S Gumataotao <[email protected]>, [email protected], [email protected], [email protected], [email protected], Lou Sablan <[email protected]>, [email protected], [email protected], "J. George Bamba" <[email protected]>, judi guthertz <[email protected]>, [email protected], [email protected], [email protected], [email protected], Lee Webber <[email protected]>, [email protected], MCOG Secretary Elaine <[email protected]>, [email protected], [email protected], MELISSA SAVARES <[email protected]>, Mayor Rudy <[email protected]>, "Mayor Louise C. Rivera" <[email protected]>, Austin Duenas <[email protected]>, [email protected], Ray Haddock <[email protected]>, [email protected], [email protected], [email protected], [email protected], Mark Calvo <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected], Victor Camacho <[email protected]>, [email protected], Daniel Swavely <[email protected]>, [email protected], [email protected], [email protected], Thomas Hertslet <[email protected]>

February 7, 2018

MEMORANDUM

To: All Senators, Stakeholders and Media

Fr: Senator Thomas C. Ada, Chairperson

Subject: 2nd Notice of Public Hearing: Friday, February 9, 2018at1:00 p.m. and 6:00 p.m.

The Committee on Environment, Lands, Agriculture, and Procurement Reform will be conducting a public hearing on Friday, February 9, 2018 at 1 :00 p.m. and 6:00 p.m. This hearing will take place in I Liheslaturan Guahan, Public Hearing Room. The agenda is as follows:

Executive Appointment of Mr. Austin J. Duenas to serve as a member of the Chamorro Land Trust Commission.

Bill No. 83-34 (COR). -An act to authorize the Guam Environmental Protection Agency to procure the services of a qualified respondent or respondents for the proper disposal of green waste resulting from post-typhoon cleanup and village beautification efforts. - F.B. Aguon, Jr.

Bill No. 222-34 (COR). -An act to authorize the sale of a 394 square meter irregular remnant portion of the Old Piti-Agana road fronting Lot 85-2 in the municipality of Piti. - T.C. Ada

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Bill No.223-34 (COR}-An act to re-zone Lot 5010-lNEW, Lot 5042-1 and Lot 5042-Rl in the municipality of Dededo from "R2" (Residential Multiple Dwelling Zone) to "M2" (Industrial Zone) for the construction of a new Guam Power Authority Northern Power Generation Plant (Plant). -T.C. Ada

Testimony on Executive Appointment of Mr. Austin J. Duenas, Bill No. 83-34 (COR), Bill No. 222-34 (COR), and Bill No. 223-34 (COR) should be addressed to Senator Thomas C. Ada,

Chairperson, and will be accepted via hand delivery to our office, our mailbox at the Guam Congress Building at 163 Chalan Santo Papa, Hagatna, Guam 96910, via email to [email protected], or via

facsimile to (671) 473-3303 no later than 4pm February 12, 2018.

In compliance with the Americans with Disabilities Act, individuals requiring special accommodations or services should contact the Office of Senator Tom Ada at 473-3301.

Thank You, Richard Salas Policy Analyst Office of Senator Thomas C. Ada I Mina'trentai Kuattro na Lihes/aturan Guahan - 34th Guam Legislature Office (671) 4 73-3301

5 attachments

"'"" 2nd.Notice.pdf IC! 63K

"'"" Doc. No. 34GL-18-1403.pdf IC! 980K

"'"" Bill No. 83-34 (COR).pdf IC! 181K

"'"" Bill No. 222-34 (COR).pdf IC! 222K

°t!j Bill No. 223-34 (COR).pdf 234K

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Sen. Thomas Ada Chairman

Committee on Environment, Land, Agriculture, and Procurement Reform I MinaTrentai Knatro Na Liheslat11ran Guahan • 34th Guam Legislature

February 7, 2018

MEMORANDUM

To: All Senators, Stakeholders and Media

Fr: Senator Thomas C. Ada, Chairperson r--Subject: 2nd Notice of Public Hearing: Friday, February 9, 2018 at 1:00 p.m. and 6:00 p.m.

The Committee on Environment, Lands, Agriculture, and Procurement Reform will be conducting a public hearing on Friday, February 9, 2018 at 1:00 p.m. and 6:00 p.m. This hearing will take place in I Liheslaturan Guahan, Public Hearing Room. The agenda is as follows:

l:OOpm

Executive Appointment of Mr. Austin J. Duenas to serve as a member of the Chamorro Land Trust Commission.

Bill No. 83-34 CCOR) - An act to authorize the Guam Environmental Protection Agency to procure the services of a qualified respondent or respondents for the proper disposal of green waste resulting from post-typhoon cleanup and village beautification efforts. - F.B. Aguon, Jr.

Bill No. 222-34 (COR) - An act to authorize the sale of a 394 square meter irregular remnant portion of the Old Piti-Agana road fronting Lot 85-2 in the municipality of Piti. - T.C. Ada

6:00pm

Bill No. 223-34 CCOR) - An act to re-zone Lot 50 I 0-1 NEW, Lot 5042-1 and Lot 5042-R I in the municipality of Dededo from "R2" (Residential Multiple Dwelling Zone) to "M2" (Industrial Zone) for the construction of a new Guam Power Authority Northern Power Generation Plant (Plant). - T.C. Ada

Testimony on Executive Appointment of Mr. Austin J. Duenas, Bill No. 83-34 (COR), Bill No. 222-34 (COR), and Bill No. 223-34 (COR) should be addressed to Senator Thomas C. Ada, Chairperson, and will be accepted via hand delivery to our office, our mailbox at the Guam Congress Building at 163 Chalan Santo Papa, Hagatna, Guam 96910, via email to [email protected], or via facsimile to (671) 4 73-3303 no later than 4pm February 12, 2018.

In compliance with the Americans with Disabilities Act, individuals requiring special accommodations or services should contact the Office of Senator Tom Ada at 473-3301.

Ada Plaza Center, Suite 207 • 173 Aspinall A.ve. • HagMna, Guam 96910 (671) 473-3301 • [email protected] • \•.:ww.SenatorAda.org

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"- - - .. -~ WASHINGTON (Reuters} - Legis-g,i latlon to help young ''!)reamer" lmml­~ grants struggled to gain footing In the ~ U.S. Congre55 on Monday,· but there ~ were no signs yet that failure to pass @ such a bill would trigger a rerun of ;!:: January's three-day partial government ~shutdown. f A months-long effort to give perma­~ nent protei:tlons to Dreamers, who I were brought illegally to the ·United

I States when they were children, got a boost with the unveiling of a bipartisan bill in the Senate. : .

Republican President D<inald Trump appeared to dismiss It immediately, saying any deal should provide (uncling for his long-promised Mexican border wall. The legislation did win the back­ing of a Senate Democrat, Dick Durbin, who has been central to the fight for Dreamers.

A broader bill by Durbin and Republi­can Sen. Lindsey Graham was rejected by the White House last month.

Lawmakers rushed on Monday to write a stopgap spending bill so that Washington would not have to shut­ter agencies across the country when existing money runs out on Thursday.

House Republicans wer:e set to meet on Monday night to discuss its contents. Republican Senate Majority

Leader Mitch McConnell floated the idea of passing a big increase in defense appropriations thn:>Ugh Sept 30 while negotiation~Contln~ on non-defense spendlilg levels - an. idea. Democrats haveo~sed.

Congre5s' failure to reach an immi­gration deal delayed pa~ge of a teniPorary spending bnl in mid-Janu­ary, triggering the three-day shutdown. This time around, there was none of the saber-rattling that pointed to a second

·interruption in government services this year.

Republiqm Sen. John McCain and Democratic Sen. Chris Coons offered their bipartlsan·eompromise' on Immi­gration on Monday .. SJrnilar higlslatlon has already gained Some tradlon in the House of Representatives.

Besides protecting Dreamers from deportation, it would boost security on the Mexican border.

The McCain-Coons plan Is narrower in scope than a plan Trump put forward last month, which was resisted by hard­llne Republicans and Democrats.

It does not offer a sweeping overhaul of the immigration system or include funding for the wall, but calls for a way for Dreamers to avoid deportation and earn citizenship, while also bolstering border security.

- - -

The legislation would rely on a vari­ety of tools, not just a physical wall, for securing the southern U.S. border.

About 700,000 Dreamers stand to lose temporary protections that have allowed them to work and study In the United States without fear of depor­tation under former Democratic President Barack Obama's Deferred Action for Childhood Arrivals, or DACA, program. . The latest Initiative would proteq the 70Q,OOO,while alsi> allowing hundreds of thousands of ad<lltional young immi­grants in similar situations to apply for temporary legal status that could lead . to U.S. citizenship.

Most came from Mexico and Central American countries.

Broad support for dreamers "The bill-. does address the two most

pressing problems we face: protect­ing DACA recipients and securing the border," Coons said In a statement with McCain.

BACA had been set to expire on Mardi 5 after Trump canceled the program · 1ast autumn and asked Congress to come up with a legislative solution by that date. A federal court last month blocked the Trump admin­istration from ending the program, and .the administration's a~I is pending before lfie Supreme Court' · · ·· · · '

Lawmakers have been struggling to ·read! a deal· on an immigration bill, despite broad public support for help­ing Dreamers.

The last major legislative push failed In 2013-14 when House Republicans refused to consider a broad, bipartisan measure passed by the Senate.

Sen. Thomas Ada Committee on Environment. Land,

Agriculture, and Pi:ocurement Reform

Public Hearing Notice Friday, February 09, 2018

I Ltlwlaturan Guahan, Public Hearing Room

AGENDA

Ex~e Appointment. of Mr. Austin. J, Duenas to serve as a member of the Cllamor­ro Lud Trust Commiuloa.

BID No. 83-34 (COR), Frank B. Aguon Jr.-An act to aatborlze·the Guam Eavlroamen­tal ProtectioD.Ajency to procure tho services of a qualified respondent or respondents fur the proper dllposal of greea w*sti resulting from post-typhoon cleanup and village beautification efforts.

Bill No. 222-34 (COR), Thomas C. Ada-An sci to authorize the sale of a 394 aqaare meter irregalar ~portion of the Old Pitl-Agana roadlronb& Lot 8~2 in the municipatitr of Plti.

Bill No. 223-34 (COR), Thomas C. Ada-An act to - Lot SOIO-INEW, Lot 5042-l and Lot 5042-Rl in the municipality of Dcdedo from "Rl" (Residential Multiple Dwelling Zone) to "M2" (Industrial Zone) fur the construction ofa new Gum Power Authority Nortbem Power Genention Pint (Plant).

Individuals requiring special~ $ht)UJd submit request to Rick Salas al 473-3301. Paid for by Cormnittec lbnds.www.scoatonlda."'8

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Sen. Thomas Ada Chairman

Committee on Environment, Land, Agriculture, and Procurement Reform I MinaTrentai Kuatro Na Liheslaturan Guahan • 34th Guam Legislature

AGENDA PUBLIC HEARING

Friday, February 09, 2018 I Liheslaturan Guahan, Public Hearing Room

The agenda is as follows:

1:00 pm

Executive Appointment of Mr. Austin J. Duenas to serve as a member of the Chamorro Land Trust Commission.

Bill No. 83-34 (COR), Frank B. Aguon Jr.- An act to authorize the Guam Environmental Protection Agency to procure the services of a qualified respondent or respondents for the proper disposal of green waste resulting from post-typhoon cleanup and village beautification efforts.

Bill No. 222-34 (COR), Thomas C. Ada - An act to authorize the sale of a 394 square meter irregular remnant portion of the Old Piti-Agana road fronting Lot 85-2 in the municipality of Piti.

Ada Plaza Center, Suite 207 • 173 Aspinall Ave. • Hag:ltiia, Guam 96910 (671) 473-3301 • [email protected] • www.SenatorAda.org

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Sen. Thomas Ada Chairman

Committee on Environment, Land, Agriculture, and Procurement Reform I MinaTrentai Knatro Na Uheslaturan Guahan • 34th Guam Legislature

Public Hearing Friday, February 09, 2018, lpm

I Liheslaturan Guahan, Public Hearing Room

Executive Appointment of Mr. Austin J. Duenas to serve as a member of the Chamorro Land Trust Commission

NAME AGENCY/ ORAL WRITTEN

(please print) IN NOT IN

ORGANIZATION TESTIMONY TESTIMONY FAVOR FAVOR CONTACT INFORMATION

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February 9, 2018 - 1 PM

Hata Adai Mr. Chairman and Senators of the 341h Guam Legislature. I would like to

begin by thanking Governor Calvo for appointing me to continue serving the people of

our island through the Chamorro Land Trust Commission. My name is Austin J.

Duenas, I am 28 years old and a native born CHamoru. I am graduate of Southern High

School and I hold both a Bachelor's degree in Political Science and Philosophy from the

University of Guam.

Since I have graduated from college, I have served in both the private and public

sectors, where I find helping people to be the most rewarding experience. I know that

there are many challenges that our island faces, but I look to these as opportunities to

help and make a difference. I pledge to fully commit myself to the CL TC by

working with my colleagues in addressing issues and concerns that the people of Guam

have.

Serving on the CL TC would be a great honor. I will take any

questions you may have. Thank you!

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Sen. Thomas Ada Chairman

Committee on Environment, Land, Agriculture, and Procurement Reform I Mina'Trentai Knatro Na Liheslaturan Guahan • 34th Guam Legislature

COMMITTEE REPORT DIGEST

I. OVERVIEW

The Committee on Environment, Lands, Agriculture, and Procurement Reform convened a public hearing on February 9, 2018 at 1 :00 p.m. in I Liheslaturan Guahan Public Hearing Room. Among the items on the agenda was the consideration of the appointment of Mr. Austin J. Duenas to serve as a member of the Chamorro Land Trust Commission, whose appointment history is as follows:

• Appointed by Governor Eddie Baza Calvo on January 16, 2018 • Appointment packet forwarded to I Liheslaturan Guahan on January 16, 2018 • Appointment packet forwarded to this committee for public consideration on

January 22, 2018

Public Notice Requirements Public Hearing notices were disseminated via email to all Senators and all main media broadcasting outlets on February 2, 2018 and again on February 7, 2018. Publication was posted in the Guam Daily Post, a newspaper of general circulation, fulfilling the 5-Day Notice and 48 Hour Notice of the Open Government Law requirements respectively.

Senators Present Senator Thomas C. Ada Senator Frank Aguon Jr.

Committee Chairperson Legislative Member

The confirmation hearing for Mr. Austin J. Duenas commenced at 1 :00 p.m.

II. SUMMARY OF TESTIMONY AND DISCUSSION

Chairperson Ada called Mr. Michael Borja and Mr. Austin Duenas to testify.

Mr. Michael Borja, Director of Land Management and Administrative Director, Chamorro Land Trust Commission: Good afternoon Mr. Chairman. Again, my name is Michael Borja. I serve as the Administrative Director for the Chamorro Land Trust Commission. I am here to offer my support and recommendation for the approval of Mr. Austin Duenas as a member of the Chamorro Land Trust Board of Commissioners. Mr. Duenas will be fulfilling the fifth spot on the board, which has been vacant for quite a number of years. With him coming on board, it will definitely assist the Commission, whose recently had some issues with obtaining quorums for our monthly meetings.

Mr. Duenas is a young man who has agreed to volunteer, to serve on the Commission. He understands the task we've gone over. Quite a bit of the details of the Chamorro Land Trust rules

---------·--·-

Ada Plaza Center, Suite 207 • 173 Aspinall Ave. • Hagatfia, Guam 96910 (671) 473-3301 • [email protected] • www.SenatorAda.org

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and regulations, the laws, and some of the challenges that we have moving forward, and in the Commission have been explained. The need for the commissioners to be well aware of all that's happening, and especially with the present lawsuit. That's routine for the Commission.

He has served very well, in as he's gone through the University of Guam, and participated in extracurricular activities within student government at the University. He's a man who's coming forth, I believe to really give his full effort to assist with the Chamorro Land Trust, in the challenges, and in the issues that we have to deal with, in the coming future.

So, I ask for this committee's support and for this body's approval of Mr. Duenas as a commissioner. Thank you very much.

Chairperson Ada: Mr. Borja, just to make sure we get the technicalities here on the packet. It shows that the term to be served, as labeled is April 1 lth 2018, to April 10th 2021. So, you're saying that he's been appointed to a position that is currently vacant?

Mr. Michael Borja: Right, we do have four sitting members right now. So, there is that fifth position that is vacant.

Chairperson Ada: So, because this is a staggered term board; (our records show that the vacant position started on April 11, 2017 and expires on April 10, 2020. The clock continues to run from start to finish regardless whether the position is filled or not.) Therefore, contrary to the appoint packet, Mr. Duenas' appointment expires on an April 10, 2020, and not 2021.

I'll have to check with Legal Counsel. We go into session in a couple of weeks. If confirmed then, Mr. Duenas can begin serving on the Board. However, his tenure will still expire in 24-months on April 10, 2020 plus the extension period allowed by law.

Mr. Austin J. Duenas, Nominee, Chamorro Land Trust Commission: Hafa Adai Mr. Chairman, Senator Aguon. I would like to begin by thanking Governor Calvo for appointing me to continue serving the people of our island, through the Chamorro Land Trust Commission. My name is Austin Duenas, I'm 28 years old and a native-born Chamorro. I am a graduate of Southern High School. I hold both a bachelor's degree in political science, and philosophy, from the University of Guam. Since, I have graduated from college, I have served in both the private and public sectors, where I find helping people to be the most rewarding experience. I know that there are many challenges that our island faces, but I look to these as opportunities, to help make a difference. I pledge to fully commit myself to CLTC, by work of my colleagues, and addressing issues and concerns that the people Guam have. Serving on CL TC would it be a great honor. I will take any questions you may have. Thank you.

Chairperson Ada: First of all, have you taken the time to meet with some of the current members, in particular the Chairperson of the Commission?

Mr. Austin J. Duenas: I did speak with Mike Borja. We went over all the different parts of CLTC, as much as we could. However, I have not had a chance to meet with all the members of the Commission. No Sir.

Ada Plaza Center, Suite 207 • 173 Aspinall Ave. • Hagatiia, Guam 96910 (671) 473-3301 • [email protected] • www.SenatorAda.org

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Chairperson Ada: Have you made any effort at all, to dig out the minutes of previous meetings?

Mr. Austin J. Duenas: Yes Sir. I might've receive all the minutes from the previous meetings. I did read through them, it was quite hefty. I did my best to try and reach him as much as I could, but I do have minutes from some of the previous meetings. I did read through them. Yes Sir.

Senator Aguon: First of all, I just want to thank you very much, for looking at possibly serving the community, the people Guam in this particular capacity. Certainly, it's noble to see individuals, especially the younger generation stepping up and offering their services.

I'm going to be very frank with you. I do have serious reservations. Not with you as an individual, but the position of the individual, that the individual presently occupies and the board, he or she will be sitting on. I say this because there's another board, of the government of Guam, the Guam land Use Commission, in which an individual was sitting there who is an employee of the Governor's Office. To me, there could conceivably be direct conflict of interest. In terms of making decisions, because of the influence of a phone call, or the influence of a conversation. Because that individual works in the Governor's Office.

In your case, you work in the Lieutenant Governor's Office, that's why I need to qualify my statement Mr. Duenas. This really has nothing to do with you as an individual, but looking at the situation, because that was a situation. I had serious questions about the decision, that the board members made on the Guam Land Use Commission. Mr. Borja is very familiar with this situation, about a year ago in which, questions were raised about the influences, or the potential conflicts. The favoritism in terms of some decisions that are made.

I still have to put some thought into this. I really commend you for stepping up and offering your services and your assistance. I do have some serious reservations in regard to anyone, that's working in the government of Guam, who could be directly influenced in making decisions, that deal directly with such a critical board as a Chamorro Land Trust Commission, or the Guam Land Use Commission. I need to put additional thought into this, but thank you for appearing today, and thank you very much for your presentation.

Chairperson Ada: I don't have any questions any further questions, but we'll certainly work on reporting out this confirmation hearing, and try and get it on the agenda, for the February 19th session. Thank you.

Chairperson Ada then adjourned the confirmation hearing for Mr. Austin J. Duenas.

Written Testimonies:

• Austin Duenas, Nominee, Chamorro Land Trust Commission

III. FINDINGS AND RECOMMENDATION

Ada Plaza Center, Suite 207 • 173 Aspinall Ave.• Hagatiia, Guam 96910 (671) 473-3301 • [email protected] • www.SenatorAda.org

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The Committee on Environment, Land, Agriculture and Procurement Reform finds the following on the appointment of Mr. Austin J. Duenas:

• Mr. Duenas received oral testimony support from Mr. Michael Borja, the Administrative Director, of the Chamorro Land Trust Commission.

• Mr. Duenas's term, if confirmed by the legislature, will be for the balance of the 3-year term of the position he is appointed to, which expires on April 10, 2020. Hence, his term will be for 24-months only, plus the time extension allowed by law.

The Committee on Environment, Land, Agriculture and Procurement Reform hereby reports out the appointment of Mr. Austin J. Duenas to serve as a Member of the Chamorro Land Trust Commission with the recommendation to tJ.Ope>Q-f a\Jf tie.lH

Ada Plaza Center, Suite 207 • 173 Aspinall Ave. • Hagatiia, Guam 96910 (671) 473-3301 • [email protected] • www.SenatorAda.org

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Sen. Thomas Ada Chairman

Committee on Environment, Land, Agriculture, and Procurement Reform I MinaTrentai Kuatro Na Uheslaturan Guahan • 34th Guam Legislature

COMMITTEE VOTE SHEET

APPOINTEE: Position:

Mr. Austin J. Duenas Member

Agency: Chamorro Land Trust Commission

SIGNATURE TODO

COMMITTEE MEMBERS AND DATE CONFIRM

SENATOR THOMAS C. ADA ~(_.~) / Chairperson B/d\ ~

SENATOR JAMES V. ESPALDON \

Vice Chairperson ~ / SPEAKER BENJAMIN J.F. CRUZ Member

SENATOR MICHAEL F.Q. SAN NICOLAS Member SENATOR REGINE BISCOE LEE

,fdJ,;.(Jfl Member - {"\ -- '

SENATOR THOMAS A. MORRISON ~J

Member -SENATOR WILLIAM M. CASTRO

( ~ ~/ Member - - '

TO NOT CONFIRM

/

TO REPORT

OUT ONLY

-/

Ada Plaza Center, Suite 207 • 173 Aspinall Ave, • Hagatfia, Guam 96910 (671) 473-3301 • [email protected] • www.SenatorAda.org

TO PLACE TO IN

ABSTAIN INACTIVE FILE

Page 34: I Mina’Trentai Kuåttro Na Liheslaturan Guåhan APPOINTMENTS ... · • Copy of the Appointment Letter to the Speaker • Copy of the Appointment Packet and Supporting Documents

Senator Thomas C. Ada, Vice Chairperson

Speaker Benjamin J.F. Cruz, Member

Vice Speaker Therese M. Terlaje, Member

Senator Frank B. Aguon, Jr., Member

Senator Telena C. Nelson, Member

:_j~/

COMMITTEE ON RULES SENATOR REGINE BISCOE LEE, CHAIR

SIKRITARIAN LIHESLATURAN GUAHAN I MINA'TRENTAI KUATRO NA LIHESLATURAN GUAHAN

LEGISLATIVE SECRETARY• 34rH GUAM LEGISLATURE

COMMITTEE REPORT CHECKLIST Part 1 I 1

Name of Appointee: Austin J. Duenas

Position: Member

Senator Dennis G. Rodriguez, Jr .. Member

Senator Joe S. San Agustin, Member

Senator Michael F.Q. San Nicolas, Member

Senator James V. Espaldon, Member

Senator Mary C. Torres, Member

Agency/Board/Commission: Chamorro Land Trust Commission

(A)

Length of Term: Three (3) Years April 11, 2018 to Aoril 10, 2021

Committee Chairperson and Name of Committee: Senator Thomas C. Ada, Committee on Environment, Land, Agriculture, and Procurement Reform

Nomination Letter conforms to If NO: requirements of 4 GCA §2103.5? Letter to be returned by Speaker to I (SR §9.02) Maga'lahen Guahan

1

)(_YES oNO

Packet includes affidavit executed by If NO: applicant confirming receipt and

NOMINATION review of Nomination Letter? Provide proof of non-

PACKET (SR §9.03) certification/non-verification in

[)Q._ YES oNO affidavit of applicant (SR §9.03)

ADDITIONAL REQUIREMENTS SR 1)9.04

Residential and mailing address of Nominee .)( Employment record of Nominee )( Prior/Present service in any government, private, or civic institution x List of business in which the Nominee has financial interest ")(.

Affidavit of Nominee (with date, place, charge and disposition of .,.. convictions for any criminal violations)

Statement as to any and all delinquent or past due tax liabilities of 'fJ. Nominee

Dates Nominee has served in acting capacity for stated position 'i. .

GUAM CONGRESS BUILDING • 163 CHALAN SANTO PAPA • HAGATI\JA, GUAM 96910 Telephone: (671) 472,3455 • Email address: [email protected]

COMMITIEE REPORT CHECKLIST (APPTS) Updated January 2017

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Page 35: I Mina’Trentai Kuåttro Na Liheslaturan Guåhan APPOINTMENTS ... · • Copy of the Appointment Letter to the Speaker • Copy of the Appointment Packet and Supporting Documents

Committee Report Checklist on Appointment of Austin J. Duenas.

(B) PUBLIC HEARING

(1) HEARING NOTICES O en Government Law 5 GCA, Ch. 8

~ (a) Five (5} working days prior Date and Time of Notice: (ALL Senators & ALL Media} frl., .1.. 20(<0 °hQ4a.ffl •

'fo. (b) Forty-eight (48} hours prior (ALL Senators & ALL Media}

(2) Date and Time of Hearing:

\. ~.'1, 201 I:

Date and Time of Notice:

2t>le> q:~a.rvt, (3) Location:

Public Hearing Room, Guam Con ress Bulldln

(1) COMMITTEE REPORT COMPONENTS

(a) Front Page Transmittal to Speaker

(a)(l) COR Chair Signature Line

(b) Title Page

(c) Committee Chair Memo to All Committee Members

(d) COR Referral Memo

(e) Appointment Letter to Speaker from I Maga'lahen Guahan ~

(f) Appointment Packet and Supporting Docs ...,,, from I Ma a'lahen Guahan P"-

(g) Notice of Public Hearing & Other Correspondence

(C) COMMITTEE REPORT (g)(l) Five (5) working days prior

(g)(2) Forty-eight (48) hours prior

(D) COR Action

(h) Public Hearing Agenda

(I) Public Hearing Sign-in Sheet

0) Written Testimonies & Additional Documents

(k) Related News Reports (optional} o ~ r(_l)_M_._1sc_e_l_la_n_e_o_us_(_o_p_ti_o_na_l_}~~~~~~~~~~~~~1--~o~----1N/A

(m) Committee Report Digest

(n) Committee Vote Sheet

(o) Committee Report Checklist(s}

)( CMTE Report duly filed; Available for Placement on Session Agenda

o CMTE Report non-conforming for acceptance; Return to Committee

Originals

Single-Sided

Letter Size

No Staples/ Paper Clips

COR CHAIR (Signa ur , Date & Time}

GUAM CONGRESS BUILDING • 163 CHALAN SANTO PAPA • HAGATNA, GUAM 96910 Telephone: (671) 472-3455 • Email address: [email protected]

COMMITTEE REPORT CHECKLIST (APPTS) Updated January 2017

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