FOIA feud between governor, Senator Terlaje & attorney general
A three-way Freedom of Information Act feud ensuing between Governor Lou Leon Guerrero, Senator Therese Terlaje and Attorney General Doug Moylan is brewing. The administration is scrutinizing a bill proposing a public-private partnership for the hospital and the AG’s questionable hiring practices.
"I hate to say it, but maybe politics has to get out of it," expressed the senator, having sent two FOIA requests over the weekend to the senator and attorney general. Adelup is scrutinizing Terlaje’s partnership proposal for the Guam Memorial Hospital, requesting any letters, e-mails and communications.
Adelup’s communication director Krystal Paco San Agustin says it’s in the interest of transparency, telling KUAM News, "Our administration would just like to know on behalf of the people of Guam whether or not the senator met with any private companies or individuals who want to privatize the hospital."
Senator Terlaje shared, "I haven’t talked to any of those private companies," adding that the proposal is nothing new.
She says a GMH task force recommended a request for proposal for the feasibility of a public-private partnership in 2016 and a previous bill to make that RFP happen was introduced in 2020.
So, why now?
"We had a hearing on a previous proposal by another senator in 2020," said Terlaje. "The hospital very much objected to it saying they can do it on their own. They could fix the problems. They were also worried about their employees and they didn’t want the board to be the one to the RFP; they wanted the management to do the RFP. So it’s really taken us a while. We tried to look at everything possible."
She adds her bill is intended to “govern the management” and help the hospital, which has been in the red year after year.
Terlaje said, "I think everyone on Guam wants to know that this new hospital is going to succeed and it’s not going to end up in the same place that we are now. It’s going to be better and we’re going to have a plan and stick to that plan and not move back and forth on it. And that this investment is going to pay off for all of us as opposed to being interfered with."
The former speaker of the Guam Legislature added, adds the idea has even been proposed by the governor herself during her State of the Island Address. "She proposed that they were in fact in discussion with private companies regarding Guam Memorial Hospital and its operations. So I wanted to follow up on that and see what are the fruits of those discussions," she said.
In response, the former legislative health committee chair sent a FOIA request to the governor, GMH, the Guam Economic Development Authority and the Department of Administration.
"I just received copies of those FOIAs from Senator Terlaje’s office and our office will respond accordingly," confirmed Paco San Agustin.
In the meantime, Adelup also sent a FOIA request to the AG for the implied questionable hiring practices, as Paco San Agustin said, "The FOIA to the attorney general is based on concerns by the public regarding a whole list of things to include the office's hiring of his brother who is making $119,000 salary as well as his fiance."
The administration also scrutinizing whether the AG is violating procurement laws. "Also when we FOIA’d our attorney general, we also requested procurement records on the private attorneys in Guam and the United States as well as the billboard contracts and the expenses. As you know, the billboards are going up once a month and oftentimes they are very controversial topics," she said.