Fitial said Commissioner Jose L. Itibus was supposed to be sworn-in on Aug. 8 along with others but he didn’t show up.
Itibus is still not officially an election commissioner, the governor added.
Fitial renominated Itibus to serve another four-year term or until Aug. 8, 2013 on the election commission board.
Itibus submitted the usual documents required to process his appointment — his resume, financial statement and drug-test receipt.
The Senate subsequently confirmed him.
“Mr. Itibus was first appointed by [a previous] governor. He’s been on that commission ever since. I just reappointed him as with the others,” said the governor. “I have not been advised about his criminal case.
On Tuesday, the Variety disclosed Itibus’ pending criminal case.
Itibus has the option to resign or the Senate can exercise its legal right to recall its confirmation, Press Secretary Charles Reyes Jr. said.
He added that the governor also has the authority to remove Itibus for cause or nominate another person since he hasn’t been sworn-in.
The governor said Itibus hasn’t contacted him since the issue came out.
He said the law on political appointments should be amended to include a police clearance among the requirements.
