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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 Calvos
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
Calvos 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 deans
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 boards 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 Generals Office.
The AGO claimed that all of Calvos 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 boards written objection,
and the matter was taken under advisement on March 8.
In conditionally granting Calvos 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.
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