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Denied Documents Cost Taxpayers, Director $10,170

By Haidee V Eugenio
Pacific Daily News
May 4, 2017

http://www.guampdn.com/story/news/2017/05/04/denied-documents-cost-taxpayers-director-10170/101275914/

Department of Land Management Director Michael Borja

A violation of the Sunshine Reform Act, which requires the government to release information to the public, will cost the Department of Land Management $9,170.40 in legal fees and its director, Michael J.B. Borja, $1,000 from his own pocket, according to a court judgment.

The case is related to attorney Robert Klitzkie’s complaint against the Land Management director for not making available public records related to a Yona seminary property.

Superior Court of Guam Judge Maria T. Cenzon, in an April 26 judgment, said Land Management must pay $464 in court costs, and $8,706.40 in attorney’s fees incurred by Klitzkie in the case, for a total of $9,170.40.

“Judge Cenzon's decision and judgment, by putting directors on notice that playing fast and loose with Freedom of Information Act requests can be costly, is a real boost for transparency,” Klitzkie said Wednesday night.

Borja, in an interview Thursday afternoon, said he and the department take the Sunshine Reform Act very seriously. He said while he and the department had hoped for a different outcome in the case, they will comply with the court order and judgment.

Borja said Land Management started the process of paying the court judgment. He said he has also has started the process of paying the personal fine imposed on him by the court.

“I’m not taking the Sunshine Act lightly,” Borja said, adding that he and the department have taken steps to further ensure compliance with the law.

Klitzkie, represented by the law firm of Dooley Roberts Fowler and Visosky LLP, said the filing of an information request arose during the controversy involving the certificate of title for the Yona seminary property. Klitzkie, a former senator, filed a complaint against Borja last year for being denied access to three of 10 documents requested under the Sunshine Law.

The requested documents are related to a Yona property where the Redemptoris Mater Seminary is located. At the time, Klitzkie was trying to gather information about the control and ownership of the seminary property. This was amid concerns that Archbishop Anthony S. Apuron gave away what was supposed to be Archdiocese of Agana property to the Neocatechumenal Way.

A tour of the Redmemptoris Mater Seminary in Yona on Oct. 13, 2016, reveals hotel-style accommodations and views, combined with facilities for worship and study. (Photo: PDN file photo)

Contact: heugenio@guampdn.com

 

 

 

 

 




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