Vol. 34 No.258
       ©2007 Marianas Variety
Thursday, March 15, 2007 www.mvariety.com
Serving the CNMI for 34 years
 

© 2007 Marianas Variety
Published by Younis Art Studio Inc.
All Rights Reserved
Email :
mvariety@vzpacifica.net
Kapileo group says GOP board’s action ‘arbitrary, capricious’

By Emmanuel T. Erediano
Variety News Staff

THE Republicans of Precinct 4 on Tuesday lashed out at their party’s board of directors for carrying out “arbitrary and capricious” actions.
Luis Q. Kapileo, who was elected Precinct Club 4 chairman during the disputed Jan. 4 meeting, said in an interview that the GOP board has no jurisdiction to nullify the precinct election.
The GOP board earlier told the Variety in an e-mail that the Jan. 4 meeting was not recognized by the board because it violated the party’s bylaws.
Section 6(a) of the bylaws state that election meetings are to be held at 7:30 p.m., on the second Wednesday in January in every odd numbered year.
Kapileos group held its meeting on the first Thursday of January, and the notice was not issued by the GOP board.
Kapileo, however, said that the board should have filed an appeal with the board of judges if they believe that the Jan. 4 meeting was improper.
“If anybody thought that the election was invalid, he or she could have filed an appeal. But nobody did, therefore, their right to be heard is waived,” he said.
He added that since the board failed to use the appeal machinery as provided by the bylaws, “they lack original jurisdiction,” over the matter.
“So they cannot, by application of any standard of law, nullify an election,” he said.
Kapileo noted that the board never announced the venue for its own meeting.
He said this is mandated by the very provision the board is citing to disregard the Jan. 4 election.
According to Kapileo, he and his colleagues in Precinct 4 are also reiterating their opposition to the amendments to the party bylaws which “do not comply with basic parliamentary rules.”
He said they don’t question the board citing Section 6(d) of the bylaws which provides for the disqualification of officers if there is a failure to hold elections.
“But there was an election,” Kapileo said, “so why should they invoke that provision?”
He said the GOP board cannot just “read and isolate a provision without putting them in context.”
He added that as far as they are concerned, the Precinct 4 club has complied with the bylaws.
The secretary of the club reported the precinct election results to the board, Kapileo said.