NMC claims that “there are numerous material facts in dispute on the case and that the court failed to consider important points of law.”
Associate Judge David A. Wiseman earlier ordered NMC to produce all public records requested by Torres, R-Saipan, and denied the college’s motion to dismiss the lawmaker’s complaint.
NMC, represented by attorney F. Matthew Smith, submitted a motion for reconsideration dated July 16. It urges the court to “see the several clear errors in its summary judgment in favor of Torres, which warrants reconsideration and reversal.”
Smith said “the requests Torres made over the years have been improper and not for any desire for transparency in NMC’s operations.”
He added that NMC has made all effort to comply with Torres’ requests but the lawmaker has not been satisfied.
NMC is hoping that the court allows the college “to defend itself against injustices.”
According to Smith, clear error justifies reconsideration and that the grant of summary judgment in the case was clearly in error.
Smith said “if the decision is allowed to stand, it will manifest injustice to NMC.”
“NMC therefore asks the court to withdraw the order granting Rep. Torres’ motion for summary judgment and allow this case to proceed accordingly,” Smith said.
He argued that the summary judgment motion was not properly before the court, that there are numerous issues of material fact in dispute, and that the court has made erroneous findings of fact and conclusion of law.
Wiseman set the status conference for July 24 at 1:30 p.m.
Torres wanted to see all NMC bank statements and cancelled checks for 2004-2006 pursuant to the CNMI Open Government Act.
The Attorney General’s Office responded to the request on Jan. 19, 2007 denying his request and explaining that some documents were exempted from the Act.
Torres disputed the AGO’s explanation and reiterated his request, excluding the cancelled payroll checks.
NMC responded through the AG’s office and offered Torres an opportunity to inspect the documents he requested.
On June 12, Torres sent a new Open Government Act request for records of all public funds expended on NMC administrative employees shown on payroll checks as well as a copy of Fernandez’ employment contract with all attachments.
