As in his previous emergency declarations which he started issuing each month since 2008, Fitial said a shortage of manpower due to a law that limits the number of skilled foreign workers continues to put CUC at risk.
Public Law 16-14 prohibits CUC from hiring non-U.S. technical workers. Despite repeated plea by CUC for relief from the law, the Legislature refuses to allow it, the governor said.
Fitial also cited errors in P.L. 16-17, which allows for the privatization of CUC, saying it bars the executive director from day-to-day management of the utilities.
In his latest emergency declaration, the governor said CUC is seeking to fill 20 vacancies that include the positions of executive director, five engineers, wastewater treatment operators and grant writers.
He said the lack of workforce will cause power outages, power plant degradation, increase in power bills and too much use of oil at power plants.
According to Fitial, CUC’s services could not be adequately staffed without lifting the “artificial legislative regulation of CUC’s workforce.”
The governor also noted CUC’s management crisis due to the lack of a proper board and executive structure.
He said the criteria set for board membership are impossible to meet.
“Without the board or its equivalent, CUC cannot take a critical step toward solvency and the ability to borrow to finance its work,” Fitial said.
He said CUC is still in crisis because there has been no legislative relief coming.
For months, he added, CUC has repeatedly asked the Legislature for relief, including a submission of draft legislation last July.
However, he said, the Legislature declined to respond.
“There is no alternative to provide this relief other than an order from the governor. Inaction will produce a disaster in which CUC is unable to provide its critical services,” he said.
With this emergency declaration, the governor also suspends the regulations that may prevent or delay necessary action “in coping with the emergency.”
He may also use all available resources as necessary to thwart the disaster.
