By Moneth G. Deposa
Variety News Staff

THE former associate education commissioner for curriculum and instruction, Rita A. Sablan, has filed an amended complaint against three Board of Education members — Roman C. Benavente, Marja Lee Taitano and Dino M. Jones — in their individual and official capacities.
Sablan filed the lawsuit in October contesting the decision made by the three in naming David Borja to the education commissioner’s post.
Sablan, who also applied for the position, alleged violation of the Open Government Act, breach of contract, fraud and violation of the Public School System’s organization and philosophy.
In the 15-page amended complaint she filed on Jan. 10, Sablan claimed that Borja is occupying the position of commissioner of education illegally and in violation of commonwealth statute 1CMC 2273.
She said that under the law, Borja cannot be appointed as commissioner because he does not have a degree in the field of education and is far below her in terms of qualifications. She earned a master of arts degree in education with emphasis in administration and supervision.
Sablan accused Jones of fraud and intentional misrepresentation for “intentional, maliciously, and recklessly” informing her that she would be chosen as commissioner during an event at the Aqua Resort Club on June 6, 2006.
She is seeking actual, compensatory and punitive damages from Jones for the emotional sufferings and mental anguish it caused her.
Benavente, for his part, is accused of a constitutional violation of an individual’s right to privacy when he disclosed to the media in August that Sablan had retired and received a 30 percent bonus which insinuated that her commitment to the system was “now different.”
“Benavente intentionally, willfully and maliciously disclosed private information to the public. (Sablan) is entitled to privacy rights regarding her retirement status including her 30 percent retirement bonus,” her complaint stated, adding that there was no compelling public interest in disclosing this private information to the public.
Sablan wants Benavente to pay compensatory and punitive damages.
Sablan’s complaint stated that the three BOE members were negligent for failing to give her “a fair and equal opportunity and to negotiate in good faith through the application process.”
She said the defendants breached that duty when they entertained complaint letters from the public against her which were not part of the application package.
On or about March 27, 2006, copies of unsigned letters from the public to Benavente, Jones, and Taitano and other BOE members supporting Borja against Sablan were “considered and entertained.”
“Board members received the letters in violation of the application process and (PSS) human resource office’s procedure in reviewing proper documentations for applicants,” Sablan’s complaint stated.
It added that “disturbingly, throughout the application and interview process, Sablan was never notified of the letters or given the opportunity to comment on the validity of such letters.”
Sablan said that in June 2006, Borja was unilaterally selected by Benavente as the acting education commissioner which placed him in a better position as an applicant.
The complaint stated that no board meeting occurred when Benavente decided to appoint Borja in an acting capacity.
In contrast to the job announcement for commissioner, only five board members deliberated on the hiring when “it explicitly stated that an 8-member board will deliberate on the matter,” the complaint stated.
It added, “Mrs. Sablan was discriminated against by defendants when they gave preferential treatment to an employee within the PSS in the hiring for the (commissioner’s) position. (She) was not hired although she was the only qualified applicant pursuant to (the law).”