Vol. 35 No.21
       ©2007 Marianas Variety
Friday, April 13, 2007 www.mvariety.com
Serving the CNMI for 35 years
 

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Ex-NMC employee wants high court to re-hear his petition

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 court’s decision reversed the trial court’s 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 Finance’s constitutional authority over NMC; has eliminated the attorney general’s 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.