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IF there is anyone left
in the CNMI who still believes that MPLA is managing the public lands of
the Marianas Public Land Trust in an honest, ethical and competent manner,
they will be shocked to learn that MPLA just hired Jesse Palacios. Who
is Jesse Palacios? It is well known that Jesse Palacios and his brother
Glen Palacios are ardent Azmar supporters. But they are much more than
that — they are part of the original Azmar upper management team. In fact,
Glen Palacios is Azmar’s local representative on Saipan. Jesse Palacios is
no less involved with Azmar. Azmar corporate documents submitted to MPLA
as part of the permit application, name both as “key employees.” It names
Glen D. Palacios as “logistics and production manager,” and Jesse S.
Palacios as “finance and governmental relations.” In a well-traveled Aug.
1, 2004 e-mail message from Azmar head Ken Moore (available online at
http://www.chamorro.com/PaganWatch), it is clear that Jesse was helping
Ken Moore with strategy on how to deal with MPLA. Azmar, as anyone
following the news last year, has been trying for years to get an
exclusive permit from MPLA to relieve Pagan of its potential billions of
dollars worth of pozzolan for pennies on the dollar. They almost succeeded
too, despite the mountain of evidence that PaganWatch provided MPLA of
Azmar’s complete lack of qualifications, insufficient funding, exploitive
permit terms, as well as exposing Azmar’s plans to steal historic
artifacts from Pagan. What is going on? Does the MPLA board of
directors not understand the meaning of conflict of interest? Jesse
Palacios does not seem to understand the meaning of conflict of interest
either. While in his finance and government relations role at Azmar, he
was simultaneously acting Director of the CNMI Department of Commerce.
What is the director of the CNMI Department of Commerce doing negotiating
against the government and the people paying his salary? But it doesn’t
stop there. While working for Azmar, Palacios also worked on behalf of
Consolidated American Energy Resources, or CAER, which was also seeking a
permit to mine Pagan. In fact, PaganWatch’s source at CAER identified
Palacios as the one who paid the $5,000 permit application deposit to MPLA
using his personal funds! Why would MPLA hire a top ranking member of
the Azmar management team? The answer may lie in the mining task force
that MPLA agreed to form on the same day that they denied Azmar’s permit
application. The task force was to be a multi-sector group made up of
stakeholders in Pagan’s future. It was to include the various agencies
with jurisdiction as well as interested community groups. The purpose of
the task force was to “study the potential of commercial mining projects
on Pagan” and “address any future application for a mining project”. Eight
months later, the task force has yet to be created. MPLA board member
Nick Nekai is in charge of the task force. A few days ago, in response to
Speaker Benigno R. Fitial’s request for a status report on the task force,
Nekai explained that the first step in organizing the “multi-sector” task
force was to create an “in-house” task force made up of MPLA employees. He
described how this “key group of MPLA employees” was working with the MPLA
board and agency to ensure “which types of pozzolan extraction methods are
the most suitable.” He went on to say that MPLA had “received submissions
from companies that offer revolutionary ways of determining the amount of
pozzolan on Pagan.” Clearly the work of the mining task force has begun
— but without the multi-sector community’s involvement. Nekai is the
same board member who moved for the controversial 15-day open negotiation
with Azmar that was the last in a series of “second chances” prior to the
permit finally being denied. Or was it the last? Even with the denial of
the permit application, the MPLA board made it clear that it would
entertain Azmar’s application again once they complied with all the
requirements. Azmar’s own last word was a vow to continue to pursue a
permit. In other words, MPLA has hired a high-ranking member of the
Azmar management team while Azmar is still in the running for a permit.
Further, MPLA is back to their old business as usual practice of ignoring
calls for meaningful participation by the public in the determination of
Pagan’s future. It is clear that MPLA is out of control. It is a failed
agency that cannot be trusted with the management of public lands. The
time has long arrived for action on the part of the governor to fix this
problem. By law, the governor is the only one who can fire an MPLA board
member. Unfortunately, the governor is hardly likely to do so since he has
long been an Azmar supporter and seems more intent on hiring than firing
in these pre-election times. Nevertheless, it is his duty to ensure that
MPLA has a board of directors that competently executes its fiduciary
responsibility. PaganWatch calls on MPLA management and the MPLA board
of directors to immediately dismiss Jesse Palacios due to the obvious
conflict of interest, and for the governor to take appropriate action to
ensure that the public lands under MPLA’s care are protected and properly
managed by a competent and responsible board of directors.
PETER J. PANGELINAN
PEREZ CINTA M. KAIPAT PaganWatch
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