Froilan Tenorio
Encyclopedia
Froilan Cruz Tenorio was the fourth elected Governor of the United States Commonwealth of the Northern Mariana Islands. Elected in 1993, he served one term, leaving office in 1998. During his governorship and most of his political career, Tenorio was a member of the Democratic Party of the Northern Mariana Islands, which is not affiliated with the American Democratic Party
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...

. However, he recently switched his affiliation to the Covenant Party
Covenant Party (Northern Mariana Islands)
The Covenant Party is a political party in the Commonwealth of the Northern Mariana Islands advocating government and financial reform. In the legislative elections of 2003, the Covenant Party won nine of eighteen seats. In the 2005 elections, the Covenant Party increased its position as one of the...

.

Education

Tenorio graduated from the Territorial College of Guam
University of Guam
University of Guam is a four-year land-grant institution, located in the village of Mangilao on the island of Guam in the Western Pacific Ocean...

 in 1962 with an associate's degree
Associate's degree
An associate degree is an undergraduate academic degree awarded by community colleges, junior colleges, technical colleges, and bachelor's degree-granting colleges and universities upon completion of a course of study usually lasting two years...

 before earning a bachelor's degree
Bachelor's degree
A bachelor's degree is usually an academic degree awarded for an undergraduate course or major that generally lasts for three or four years, but can range anywhere from two to six years depending on the region of the world...

 in civil engineering
Civil engineering
Civil engineering is a professional engineering discipline that deals with the design, construction, and maintenance of the physical and naturally built environment, including works like roads, bridges, canals, dams, and buildings...

 at Marquette University
Marquette University
Marquette University is a private, coeducational, Jesuit, Roman Catholic university located in Milwaukee, Wisconsin. Founded by the Society of Jesus in 1881, the school is one of 28 member institutions of the Association of Jesuit Colleges and Universities...

 in 1967.

Early career

Tenorio was subsequently employed by the Los Angeles, California department of public works. In 1972 he was hired by the Micronesian Construction Company. He founded his own construction company two years later.

Tenorio's early career in elective office consisted of one term as a CNMI Senator
Northern Mariana Islands Senate
The Northern Mariana Islands Senate is the upper house of the Northern Mariana Islands Commonwealth Legislature. The Senate consists of nine senators representing three senatorial districts , each a multi-member constituency with three senators.In the November 2007 elections, the three senators up...

 and three terms as Washington representative. He first ran for governor in 1989. In 1993 he ran again and won.

Policies

Tenorio governed as a fiscal conservative in several ways. He warned the legislature against increasing spending without accompanying measures to increase revenue. However, the legislature implemented an earned income credit which was repealed after Tenorio left office because there were not enough funds to pay for it.

Tenorio frequently battled with the Republican-dominated legislature during his term. His first executive order was a sweeping reorganization of the commonwealth government that was contested by both litigation and by the legislature. It was eventually put into effect. The Republican legislature also frequently rejected Tenorio's appointments; Alexandro C. Castro, who was twice Tenorio's Supreme Court nominee, was twice rejected by the legislature. He was later appointed successfully to that court by Tenorio's successor, Pedro P. Tenorio, a Republican.

As Governor, Tenorio was a fierce opponent of federal legislation that would have extended federal minimum wage and immigration laws to the CNMI, which at that time was exempt from those laws. The predominant industry in the CNMI (outside of tourism) was the garment manufacturing
Manufacturing
Manufacturing is the use of machines, tools and labor to produce goods for use or sale. The term may refer to a range of human activity, from handicraft to high tech, but is most commonly applied to industrial production, in which raw materials are transformed into finished goods on a large scale...

 industry, which drew chiefly upon female foreign workers, generally from China. These workers were generally paid far less than the minimum wage in the United States and were brought in extensively through the CNMI's immigration system, which differed from that of the United States. Federal legislation signed nearly a decade after Tenorio left office altered the minimum wage regulations and immigration system of the CNMI.

During his term, Tenorio was praised extensively by U.S. Representative
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...

 Tom DeLay
Tom DeLay
Thomas Dale "Tom" DeLay is a former member of the United States House of Representatives, representing Texas's 22nd congressional district from 1984 until 2006. He was Republican Party House Majority Leader from 2003 to 2005, when he resigned because of criminal money laundering charges in...

 of Texas, including on the House floor in 1997:

DeLay and Tenorio shared strong ties to lobbyist Jack Abramoff
Jack Abramoff
Jack Abramoff is an American former lobbyist and businessman. Convicted in 2006 of mail fraud and conspiracy, he was at the heart of an extensive corruption investigation that led to the conviction of White House officials J. Steven Griles and David Safavian, U.S. Representative Bob Ney, and nine...

, and both would become infamous in the Jack Abramoff CNMI scandal
Jack Abramoff CNMI scandal
The Jack Abramoff CNMI scandal involves the efforts of Jack Abramoff, other lobbyists, and government officials to change or prevent, or both, Congressional action regarding the Commonwealth of the Northern Mariana Islands and businesses on Saipan, its capital, commercial center, and one of its...

.

Defeat for re-election

In 1997, Tenorio ran for re-election in a three-way race. Ultimately, the nominee of the Republican Party
Republican Party (Northern Mariana Islands)
The Republican Party is a political party in the Northern Mariana Islands. In the 2001 gubernatorial election Juan Babauta of the Republican Party won with 42.8% of the vote...

, former governor Pedro P. Tenorio, won the election easily with 45.6% of the vote. Democratic support was split between Governor Tenorio and his Lieutenant Governor, Jesus C. Borja. Tenorio received 27.4% of the vote and Borja received 27%. Tenorio left office in early 1998.

Ties to Tom DeLay and Jack Abramoff

In 1993, the Tenorio administration, concerned that the federal government of the United States might attempt to end the CNMI's exemptions from federal minimum wage laws and federal immigration regulations, thus harming the islands' garment manufacturing industry, hired a firm Preston Gates to lobby on its behalf. Between October 1993 and September 2001, the firm was paid about $6.7 million by the CNMI government, about 72 percent of the government's overall lobbying payments. In 1995, Jack Abramoff
Jack Abramoff
Jack Abramoff is an American former lobbyist and businessman. Convicted in 2006 of mail fraud and conspiracy, he was at the heart of an extensive corruption investigation that led to the conviction of White House officials J. Steven Griles and David Safavian, U.S. Representative Bob Ney, and nine...

, employed at Preston Gates, took on the CNMI as a client.

In October 1996, the contract with Preston Gates expired, but the Tenorio administration broke CNMI laws and continued to pay the firm without a valid contract until Tenorio left office on January 11, 1998. By the end of Tenorio's term, the CNMI government had paid the lobbyists a total of $5.21 million in public funds. The payment without contract was later judged illegal in an investigation by the CNMI Office of the Public Auditor.

In March 1996, March 1997, and October 1997, Abramoff arranged trips to Washington, D.C., for Tenorio and his wife. There, Tenorio met with Republican leadership in Congress, including Rep. Tom DeLay
Tom DeLay
Thomas Dale "Tom" DeLay is a former member of the United States House of Representatives, representing Texas's 22nd congressional district from 1984 until 2006. He was Republican Party House Majority Leader from 2003 to 2005, when he resigned because of criminal money laundering charges in...

 (R
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...

-Texas), Rep. Newt Gingrich
Newt Gingrich
Newton Leroy "Newt" Gingrich is a U.S. Republican Party politician who served as the House Minority Whip from 1989 to 1995 and as the 58th Speaker of the U.S. House of Representatives from 1995 to 1999....

 (R-Georgia
Georgia (U.S. state)
Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...

), Rep. Dana Rohrabacher
Dana Rohrabacher
Dana Tyron Rohrabacher is the U.S. Representative for , and previously the 45th and 42nd, serving since 1989. He is a member of the Republican Party...

 (R-California), and several others. These same congressmen would later lead efforts to extend the CNMI's exemptions from federal minimum wage and immigration laws. On the October 1997 trip Tenorio also met with leaders of the Choctaw
Choctaw
The Choctaw are a Native American people originally from the Southeastern United States...

 tribe in Mississippi
Mississippi
Mississippi is a U.S. state located in the Southern United States. Jackson is the state capital and largest city. The name of the state derives from the Mississippi River, which flows along its western boundary, whose name comes from the Ojibwe word misi-ziibi...

, another Abramoff client for whom DeLay manipulated legislation. Around this time, Rohrabacher attacked proponents of subjecting the CNMI to federal minimum wage and immigration laws on the House floor, calling descriptions of the human rights violations going on in the CNMI "nonstop, politically driven attack[s] on the government and people of the Commonwealth of the Northern Mariana Islands."

Abramoff later arranged an all-expenses paid trip to the CNMI capital, Saipan
Saipan
Saipan is the largest island of the United States Commonwealth of the Northern Mariana Islands , a chain of 15 tropical islands belonging to the Marianas archipelago in the western Pacific Ocean with a total area of . The 2000 census population was 62,392...

, for Rep. DeLay on New Year's Eve in 1997. Although House ethics rules at the time prohibited House members from accepting such gifts from lobbyists, the trip was funded directly by the CNMI and thus was technically allowable. While visiting the islands, DeLay praised Tenorio, saying, "You represent everything that is good about what we are trying to do in America."
DeLay also attended a reception hosted by Abramoff client Willie Tan of the Tan Holdings Corporation
Tan Holdings Corporation
Tan Holdings Corporation is a holdings company located in the United States Commonwealth of the Northern Mariana Islands . Since 1983, the company's headquarters are located in Saipan. The company's CEO is Henry Tan, its President is Willie Tan, and its Executive Vice-President is Jerry Tan. All...

, which had been fined in the past for numerous violations of federal labor laws. Tan, who has been described as "a local powerbroker" in the CNMI, is part of the islands' garment manufacturing industry, notorious for forcing Chinese immigrant workers to live in squalid conditions, work for far less than minimum wage, engage in forced prostitution, and be subjected to forced abortions so they could continue to work.

After the trip, Abramoff helped DeLay craft policy that extended exemptions from federal immigration and mimimum-wage labor laws to Saipan industries. Abramoff also allegedly paid the expenses for at least two other trips to the Marianas. In both cases, Abramoff was reimbursed by Preston Gates, which was then being paid by the Marianas government.
A 1998 political newsletter reported that several congressmen, "dozens of conservative think tankers and journalists," and numerous congressional staffers had visited the CNMI.

Ultimately, the CNMI ended its relationship with Preston Gates and Jack Abramoff in 2001, years after it was originally ended by Froilan Tenorio's successor, Pedro P. Tenorio, only to have the contract renewed by the commonwealth legislature under the direction of then-Speaker of the House Benigno R. Fitial
Benigno R. Fitial
Benigno Repeki Fitial is the current governor of the Commonwealth of the Northern Mariana Islands. Fitial was elected on November 6, 2005 and assumed office on January 9, 2006 and was re-elected to a second, five-year term in 2009....

. After this and other scandals were publicized, Abramoff pleaded guilty to felony charges related to the Jack Abramoff Indian lobbying scandal
Jack Abramoff Indian lobbying scandal
The Jack Abramoff Indian lobbying scandal is a United States political scandal relating to the work performed by political lobbyists Jack Abramoff, Ralph E. Reed, Jr., Grover Norquist and Michael Scanlon on Indian casino gambling interests for an estimated $85 million in fees. Abramoff and Scanlon...

. Named in the Abramoff scandals and surrounded by associates pleading guilty or facing criminal charges in those scandals, DeLay resigned from the House of Representatives in disgrace in 2006. As of 2010, Tenorio has maintained that "did the job" and deserved his pay.

Executive Order 94-3 and Sonoda v. Cabrera

In June 1994, Governor Tenorio submitted Executive Order 94-3 to the Commonwealth Legislature. The legislature failed to modify or disapprove of the order, thus allowing it to become effective. The order stated:
In December 1995, Tenorio appointed Jose A. Sonoda as Director of the Division of Customs Services within the CNMI government's Department of Finance. Sonoda signed a two-year contract and a "Conditions of Employment" agreement, the latter of which made reference to the fact that government employees would serve at the pleasure of the governor under E.O. 94-3. In March 1996, Sonoda received a letter from the governor's Secretary of Finance, Antonio R. Cabrera, which terminated Sonoda's employment under E.O. 94-3. He was given no cause and no notice. Three days prior to his termination, Sonoda had testified at a legislative hearing; believing that his termination was revenge by the Democratic Governor Tenorio for his apparent Republican leanings in this testimony, Sonoda filed a lawsuit in district court against Cabrera and Tenorio, alleging that they had violated his rights under the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...

 to freedom of speech
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...

 and due process
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...

. The district court certified to the Northern Mariana Islands Supreme Court
Northern Mariana Islands Supreme Court
The Supreme Court of the Commonwealth of the Northern Mariana Islands is the highest court of the United States Commonwealth of the Northern Mariana Islands , exercising civil and criminal appellate jurisdiction over commonwealth law matters...

 the question of whether Governor Tenorio had violated the CNMI's constitution with E.O. 94-3. In April 1997, the Supreme Court decided that Tenorio had exceeded his executive power, granted under Article III of the CNMI's constitution:

The Supreme Court also ruled that E.O. 94-3 usurped the power to determine which positions were exempt from the civil service system, held exclusively by the CNMI Legislature under Article XX of the CNMI's constitution. For both of these reasons, the Court ruled that E.O. 94-3 was unconstitutional. Tenorio and Cabrera appealed this decision to the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...

, which ruled in 1999 that it did not have jurisdiction in the case because it did not involve any federal rights or laws, citing the precedent set in Sablan v. Manglona.

In 2000, the district court denied Sonoda's motion for summary judgment
Summary judgment
In law, a summary judgment is a determination made by a court without a full trial. Such a judgment may be issued as to the merits of an entire case, or of specific issues in that case....

, instead sua sponte
Sua sponte
In law, sua sponte describes an act of authority taken without formal prompting from another party. The term is usually applied to actions by a judge taken without a prior motion or request from the parties...

 granting summary judgment in favor of the defendants, stating that the reason for Sonoda's termination was irrelevant because Tenorio and Cabrera were entitled to qualified immunity
Qualified immunity
Qualified immunity is a doctrine in U.S. federal law that arises in cases brought against state officials under 42 U.S.C Section 1983 and against federal officials under Bivens v. Six Unknown Named Agents, 403 U.S. 388 . Qualified immunity shields government officials from liability for the...

 as they had reasonable belief that Sonoda could be legally dismissed under E.O. 94-3. In 2001, the U.S. Court of Appeals for the Ninth Circuit reversed this decision, ruling that the defendants were not entitled to qualified immunity:

The appellate court also held that the defendants were not entitled to qualified immunity in the due process claim either, as the Northern Mariana Islands Supreme Court had ruled that only the legislature could make exemptions from the civil service system in Manglona v. Civil Service Commission in 1992, thus making it a well-established precedent by the time Tenorio and Cabrera fired Sonoda. They remanded the case back to the district court to decide on that basis.

Sonoda v. Cabrera, therefore, embroiled Governor Tenorio in a lengthy legal controversy that lasted well beyond the end of his term and ended up striking down one of his executive orders as unconstitutional and stating that, in firing Sonoda, Tenorio had far exceeded his constitutional power.

Tax rebate account shortfall

During the 1997 gubernatorial election, Tenorio was heavily criticized when there were reports of $29 million missing from the CNMI's trust account for tax rebates. Rumors circulated that Tenorio had broken the law in some regard, perhaps by stealing the money. He lost his re-election bid that year. Later the CNMI Department of Finance stated that the $29 million was not missing as only $2 million had ever been deposited; the CNMI legislature had repealed and then reinstated the law requiring that funds be deposited in the account.

Later career

Since he lost his bid for re-election, Tenorio has repeatedly attempted to return to the governor's office. In 2001, he ran in a four-way race against Borja (running as a Democrat this time), Republican Juan N. Babauta
Juan N. Babauta
Juan Nekai Babauta is a Northern Mariana Islander politician. Babauta served as the sixth elected Governor of the United States Commonwealth of the Northern Mariana Islands for one term from January 14, 2002 until January 9, 2006....

, and Benigno R. Fitial
Benigno R. Fitial
Benigno Repeki Fitial is the current governor of the Commonwealth of the Northern Mariana Islands. Fitial was elected on November 6, 2005 and assumed office on January 9, 2006 and was re-elected to a second, five-year term in 2009....

, who was running as the candidate of the new Covenant Party
Covenant Party (Northern Mariana Islands)
The Covenant Party is a political party in the Commonwealth of the Northern Mariana Islands advocating government and financial reform. In the legislative elections of 2003, the Covenant Party won nine of eighteen seats. In the 2005 elections, the Covenant Party increased its position as one of the...

. Rather than running as a Democrat as he had in the past, Tenorio ran as the candidate of the Reform Party
Reform Party (Northern Mariana Islands)
The Reform Party is a political party in the Northern Mariana Islands. It is not an affiliate of the Reform Party USA but rather the American Reform Party, a splinter group of that party. In the last legislative elections held on 1 November 2003, the party won no seats; gubernatorial candidate...

, which he had founded in 1999. Tenorio was soundly defeated, and Babauta was elected governor.

In 2005, Tenorio again entered the gubernatorial race, returning to the Democratic Party. After receiving the Democratic nomination, Tenorio finished fourth in a four-way contest, with approximately 18% of the vote. Fitial defeated Heinz S. Hofschneider and Babauta by a very small margin.

In May 2009, Tenorio announced that he had joined the Covenant Party and was allied with Governor Fitial. Rather than seeking the gubernatorial post again, Tenorio ran for a seat in the Northern Mariana Islands House of Representatives
Northern Mariana Islands House of Representatives
The Northern Mariana Islands House of Representatives is the lower house of the Northern Mariana Islands Commonwealth Legislature.In the 2007 election cycle, the CNMI House membership was increased from 18 to 20...

, hoping to represent Precinct 1. Tenorio ran on a platform of increased government investment in tourism, reform of the Commonwealth Utilities Corporation, and economic growth through job creation and increased purchasing power for residents, favoring job creation through new construction projects. He later said in an interview that if elected he would seek to restore the earned income credit, an anti-poverty program implemented by his administration in the 1990s, to increase employment and purchasing power. Tenorio won the election and was subsequently selected for the post of Speaker of the House.

External links

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