Guam dump issue leads to constitutional showdown

Updated March 31, 2009 15:59:15

A legal argument over the fate of a dump on Guam has escalated into a constitutional showdown between the island's legislature and the US judicial system and threats to force public servants to work only four days a week. Massive fines of $1 million per week have been imposed on the already cash-strapped Government, and an argument over who is responsible has broken out between the Governor and the legislature.


Presenter Bruce Hill

Speakers: President of the Guam Federation Teachers Senator Matt Rector, Guam Governor's Spokesman Shawn Gumataotao

HILL: How does a 20 year old argument over a dump lead to a constitutional crisis and threats of layoffs and putting civil servants onto an involuntary four day week? A US federal court ruling that the Guam's old dump be closed and a new one set up was blocked by what Governor Camacho says was the attitude of the legislature, which needs to approve the move first. That's led to the Judge in the case finding the Guam government in contempt of court, and imposing a fine of a million dollars a week until it complies with the court order. The subsequent financial crisis has led to the Governor threatening to declare a state of emergency so he can cut work hours for all Government of Guam employees from 40 a week to 32, and closing Government offices and services every Friday. His spokesman, Shawn Gumataotao, blames the US territory's legislature.

GUMATAOTAO: It requires legislative approval and their lack of cooperation is now very quickly is going to cause a greater decay of Government services and an erosion of our ability to properly serve our people and it really threatens the health and safety of our people as the dump remains open.

HILL: How did a simple argument of a dump wind up into a constitutional crisis?

GUMATAOTAO: Many have their thoughts on how it has come to this, but quite frankly, it's taken action from one administration and then this utter refusal to realise that previous legislatures have considered it and yes approved it. Back in 2004 when this all happened, they had all one agreement. Now we are five years later and we are still having the argument, the court is just not having anything more of that and wants to see this dump closed.

HILL: Mr Gumataotao says the impact of the court fine will be huge, and Government is being forced to make drastic cutbacks on its expenses.

GUMATAOTAO: Well, we are looking at a cut in hours which basically will mean we would not be providing critical services at the court in the judiciary, the executive branch we're also considering that and on our side, we have two of our three branches now having to take some pretty hard decisions and we are hoping that both our legislature will see through and once and for all assist this Government in getting this action completed and cooperating with the federal court judges. It's not about Governor Camacho against the legislatures, it's now the legislature's defiance of a federal court order and it is something that this community is very disappointed about.

HILL; But the President of the Guam Federation of Teachers, which the biggest public sector union in the US territory, Matt Rector, who is also a Senator, says it's unfair of the Governor to blame the legislature for the problem.

RECTOR: This specific bill, they keep sending back and forth to us, and instead of dealing with specifically what the court orders, it keeps throwing in all kinds of little goodies just for themselves. So obviously we are not going to approve something like that.

HILL: Well Governor Comacho says that the situation is so serious with the court imposed million dollar a week fine until they get this whole dump thing sorted out, but they are even talking about declaring a state of emergency, but definitely talking about there being cutbacks, maybe only public servants only working four days a week and obviously job cuts as well. What does the union think about that?

RECTOR: Well, of course, it is insanely unfair. I mean this dump problem goes back 20 years and the entire (inaudible) both the private sector and the public sector and the military and our tourism sector, everybody has contributed to filling up that dump. Now why on God's green earth would we want to place that entire burden on the backs of public servants and their families? That is just not fair and we won't allow that to happen and I don't think anybody in the legislature is going to allow that to happen on both sides of the aisle.

HILL: Well he says they don't have any money, so what are you going to do about it?

RECTOR: There's always money. Good God, we're a Government, we are the lowest taxed region in the entire nation. I mean our property taxes are insanely low, our business taxes are insanely low, and everybody and their brother has a tax break or an exemption or qualifying certificate. So there are always ways for us to generate revenue and we just have to figure out how to do it.