Torres seeks due process protection for NMC employees

Torres introduced on Thursday House Bill 17-39, the Postsecondary Education Amendment Act of 2010, which seeks to modify the duties of the board of regents which governs NMC, an autonomous government agency.

“I do this as a concerned legislator who sincerely supports our local college and I kindly ask my colleagues to please concur with this amendment bill, as allowed by the NMI Constitution, Article XV, Section 2(a) — the composition of the Board of Regents and other matters pertaining to its operations and duties shall be provided by law,” said Torres.

The turnover rate of employees at NMC is high. Even those who have served for decades are not spared as the political climate at the college changes, he said.

NMC President Carmen Fernandez, a former senator from Guam, remains under suspension with pay.

During her term, more than a dozen long-time instructors were terminated or have left due to differences of opinion with her leadership.

“This repetitive turnover, including needless and pointless terminations like the case of long-time resident and educator Sam McPhetres and other dedicated staff members, causes extra expenditures being spent on new recruiting, hiring and training of new staff,” said Torres.

“It is also a tremendous strain on staff morale and causes the teaching staff to be guarded and intimidated in their classrooms, preventing students from receiving a full view of the world around them, which they need to protect themselves from the sometimes adverse challenges that await them,” he added.

The lawmaker said H.B. 17-39 aims to encourage free flow of exchange of discussions and ideas in the academe without fear of retaliation from the management.

If his bill is enacted into law, NMC employees can only be terminated through an adopted grievance proceeding and only “with cause.”

NMC will be required to develop, adopt and administer a merit personnel system. “The president shall be removed at any time by a majority vote of the board of regents,” part of the bill reads.

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