The Constitution, he added, cannot be changed by local law.
Before he left for South Korea for a three-day official visit last week, Flores issued a memorandum appointing Saipan and Northern Islands Municipal Council member Ralph Yumul as acting mayor instead of Ramon B. Camacho, the chairman.
Saipan Local Law 17-8 states that whenever the mayor of Saipan is physically absent from the third senatorial district, the chairman of council will be acting mayor.
But Flores said if he will follow the local law, “I would be grossly and recklessly violating the Constitution.”
“I swear on January 10, 2010 that I will uphold the Constitution. I fixed my hand on the Bible,” he said, adding he will continue using his discretionary authority to appoint acting mayor in the future.
He noted that the Constitution didn’t say anything about the delegation of power whenever the mayor is off- island.
Flores maintained that the Constitution can only be changed through a constitutional amendment.
“Why rush this? Why don’t they wait until the next constitution convention? That’s the right way,” he said.
Former Speaker Oscar C. Rasa agrees. “In the absence of an express provision in the Constitution, nobody can second guess it.”
He said the CNMI Supreme Court should be asked to decide on the controversy.
Camacho, in an earlier interview, said the action of Flores was “an insult to the community” because the mayor didn’t abide by the law.
Flores said the issue is not about Camacho or anyone else but about the legal process.
“They have to respect the Constitution,” he added.
He said he does not know what the motive was in enacting Saipan Local Law 17-8.
“I am just acting responsibly in fulfilling my duty as mayor. I cannot do something that I believe is wrong,” he added.
