Vol. 35 No.10
       ©2007 Marianas Variety
Thursday, March 29, 2007 www.mvariety.com
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Court orders scholarship board to comply with Open Gov’t request

By Cherrie Anne E. Villahermosa
Variety News Staff

THE Superior Court yesterday ordered the Scholarship Advisory Board to comply with the Open Government Act request of a former youth senator who sued the board for denying her scholarship application.
Associate Judge David A. Wiseman conditionally granted Roselle Calvo’s request for disclosure under the Open Government Act.
Wiseman said the scholarship board should disclose all public documents related to the applications of the Class of 2006 students for CNMI honor scholarship.
The board, through its administrator Merissa Seman, has to comply with Calvo’s request on or before April 5.
Wiseman said in the event that the board claims that all or part of the material requested is protected by an applicable privilege, it must file this claim in writing on or before April 5.
Wiseman at the same time ordered the parties to appear for a status conference on April 12, at 1:30 p.m.
Calvo, through attorney Robert T. Torres, sued the NMI Scholarship Board for denying her application.
Calvo graduated salutatorian at Marianas Baptist Academy in May 2006 and is now studying at New York University where she recently made the dean’s list.
Calvo applied for the CNMI honor scholarship program in Oct, 2006, but later learned that she had not been selected.
Calvo filed an appeal of the board’s decision, but it was denied on Dec. 5, 2006 by the board.
She filed an action for judicial review in Superior Court on Jan. 25, 2007.
She also initiated a written request pursuant to the CNMI Open Government Act. She wanted to be allowed to inspect and or make duplicates of certain documents relating to the honor scholarship applicants among the Class of 2006.
The request was refused by the board and the Attorney General’s Office.
The AGO claimed that all of Calvo’s requests pertaining to applicants applications and supporting documents, calculations etc. were exempt from inspection.
A status conference was held on March 1 at which Calvo renewed her request for the materials.
The scholarship board through Assistant Attorney General Gregory Baka objected to the request and filed a written memorandum in support of its objection.
Calvo filed a written response to the board’s written objection, and the matter was taken under advisement on March 8.
In conditionally granting Calvo’s request, Wiseman said the board falls within the scope of Open Government Act.
The judge said the material required for the board to perform its duties are likewise characterized as public records and are subject to inspection by the public, unless allowing inspection would violate the law.
“The court must favor allowing inspection. However such inspection shall be made subject to CNMI and federal laws protecting the privacy of the individuals involved and all other privileges recognized by CNMI law,” Wiseman said in his order.
“This court shall order the scholarship board to disclose the material requested but will allow the scholarship board to redact any information the disclosure of which it believes would violate CNMI or federal law,” the judge added.