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Senators clash over trashed FOIA request

postguam.com 2 days ago
Senators clash over trashed FOIA request
TRASHED: Crumpled documents in a trash bin on the legislative floor on June 28, 2024, which Sen. Thomas Fisher said was his Freedom of Information Act request that he accuses Sen. Telo Taitague of trashing. Photo courtesy of Sen. Thomas Fisher

A Freedom of Information Act request discarded in a trash bin has two senators making serious accusations against each other.

On Friday, Sen. Thomas Fisher issued a press release along with a video purportedly showing Sen. Telo Taitague throwing a yellow paper into the trash bin on the legislative floor. Fisher claimed the paper was a Freedom of Information Act request.

“Sen. Thomas J. Fisher has formally issued a Freedom of Information Act (FOIA) request to Sen. Telo Taitague seeking disclosure of her text message communications with the attorney general pertaining to Bill No. 175-37 (COR). Despite the formal submission, Sen. Taitague has not acknowledged receipt of the FOIA request and has reportedly discarded the document into her trash bin,” Fisher said.

The Sunshine Reform Act of 1999, or FOIA, provides people the right to inspect and take a copy of any public document on Guam, with few exceptions.

Along with the video, Fisher provided a picture of a crumpled, yellow paper in the trash bin.

“What Sen. Taitague did in discarding this request is completely wrong and demonstrates a blatant disregard for the Sunshine Act. If Telo won’t obey the law, she has no respect for the people or the law,” Fisher said in his release.

The Sunshine Act states it is a misdemeanor offense for an officer or employee to act “arbitrarily or capriciously in withholding a public record requested by a person.”

The act notes that requests can be made electronically, on paper and verbally, all to be handled the same.

Fisher stressed that “the public deserves insight into the communications and decision-making processes that affect legislative matters. This FOIA request is a crucial step toward ensuring that transparency.”

With the allegations made public, Taitague responded calling Fisher’s statements “misleading accusations.”

Taitague acknowledged receiving the FOIA request and made accusations against the senator in retort.

“Misleading accusations have surfaced regarding my handling of a FOIA request submitted by Sen. Fisher, a move clearly intended to disrupt legislative debates,” Taitague said.

She believed it was essential to provide clarity on the matter.

“A handwritten FOIA request was mistakenly discarded due to its vague legibility, lack of a proper addressee and incomplete address for response. In fact, the request made no mention of who or where a response should be sent,” Taitague said.

A photo of the written FOIA request, although in part illegible, is signed, “Thomas J. Fisher, Calvo Arriola Bld, Hagatna” and dated June 28.

Although the request was trashed, Taitague said she fully intends to comply with the law.

“Whether or not the request was properly done, I fully intend to respond. The request, however, remains in the trash bin where it belongs,” Taitague said.

She believes that Fisher’s accusations were based on ulterior motives.

“I emphasize that these accusations are baseless and politically motivated. They seek to undermine my commitment to transparency and accountability, crucial in fostering productive legislative debates,” Taitague said.

The accusations struck a chord with Taitague, who concluded by stating, “Sen. Fisher would do well to contribute to the legislative process in a positive manner as he was elected to do rather than waste the time of those who truly work for the common good.”

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