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By Cherrie
Anne E. Villahermosa
Variety News Staff
A TERMINATED Northern Marianas
College employee has filed a petition for a re-hearing, claiming the Supreme
Court violated the separation of powers doctrine by interfering with the
constitutional duties of the Legislature and other commonwealth entities.
The high court on March 28 ruled that NMC is a fully autonomous agency
and that the Civil Service Commission has no jurisdiction over its employees.
The commission, according to the high court, does not have the authority
to consider administrative appeals from NMC employees.
The high courts decision reversed the trial courts ruling
that was favorable to Jack Angello.
Angello sued NMC for terminating him in Sept. 2002.
According to Angello in his new petition, the high court fails to acknowledge
the CNMI constitutional mandates that affect NMC along with the statutory
power that the Legislature possesses over the college through the CNMI
Constitution.
He claims that the Supreme Court has created a mythical fourth branch
of government and in doing so has stripped the Department of Finances
constitutional authority over NMC; has eliminated the attorney generals
constitutional duty to act as counsel for NMC in its representation in
all legal matters for the executive branch of which NMC is actually a
part; has removed NMC from all oversight in personnel matters from the
CNMI central government, thereby making NMC no longer subject to the CNMI
Retirement Fund Act and causing NMC employees not to be entitled to Retirement
Fund benefits.
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