Former Justice Jesus C. Borja, one of the board’s two counsels, said they were asked not to attend the meetings.
“They told us they are hiring somebody else for that particular matter and they will be discussing that particular matter and we’re not involved,” Borja said, referring to the regents’ decision to hire the Cabot Mantanona law firm.
But Borja said they are still representing the college in “other matters.”
“In the Fernandez matter I am not expected to be present,” the former lt. governor said.
Regent Andrew Orsini, the board’s personnel committee chairman, said the Guam-based law firm was retained by NMC because it possessed extensive experience in higher education representation and federal claims.
Orsini said Borja continues to provide legal guidance and advice to the college, including the legal review of contracts, rendering legal opinions, and drafting legal documents as requested by the interim president and the board while Cabot Mantanona assists “in bringing resolution to urgent, legal matters facing the college.”
Borja said he received a written instruction that he will not appear as legal counsel during the investigation of Fernandez’s case.
He believed the instruction must have been approved by the regents.
Asked about the propriety of hiring Cabot Mantanona, Borja declined to comment.
He also refused to comment when asked if the adjustment of the salary of NMC interim President Lorraine Cabrera was properly approved by the regents during an executive, or closed-door meeting.
He said personnel matters are confidential.
The regents have asked Fernandez to appear before the board on April 5 to discuss the results of the investigation conducted by the Attorney General’s Office and NMC’s internal investigation team.
Borja said he cannot appear as legal counsel of Fernandez.
“As far as I know Fernandez has her own lawyer.”
He has no idea if the college is paying for her counsel.
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