without consulting the U.S. Environmental Protection Agency may jeopardize the settlement agreement between CUC and the U.S. Department of Justice regarding the local wastewater treatment issue.
But the governor’s spokesman, Charles P. Reyes Jr., said the administration acted in good faith when it appointed Muna, taking into consideration the worsening power crisis on Saipan.
“I don’t think there’s any violation — we have to make sure that we solve the problems at CUC,” Reyes told Variety in a phone interview.
He said Rep. Ray N. Yumul’s concern will be referred to the Attorney General’s Office.
Yumul, R-Saipan, informed Gov. Benigno R. Fitial about “a confidential settlement document from the DOJ Environmental and Natural Resources Division to CUC dated April 6, 2006.”
According to the document, CUC agreed that “positions will be created and that the EPA will be involved in and approve, as appropriate, hiring decisions relating to” certain positions, including that of the executive director.
Anthony Guerrero resigned as CUC executive director on Friday.
He was replaced by the governor’s former special assistant for management and budget, Tony Muna.
Muna is a U.S. certified public accountant and a tax expert and will be paid $84,000 a year, Reyes said.
Guerrero, who received the same amount, will remain with CUC during a 30-day “transition period.”
Yumul said Muna should have been appointed as CUC’s chief financial officer or comptroller rather than as executive director since he does not have any technical background or experience to run a public utilities corporation.
“First of all, Mr. Guerrero’s performance as CUC executive director is commendable,” Yumul said in a letter to the governor. “Despite the present power crisis in the commonwealth, Mr. Guerrero persevered through the many barriers and obstacles to undergo the rehabilitation of the engines at power plant 1.”
The lawmaker added, “More importantly, I am concerned that your decision to unilaterally replace and appoint a new CUC executive director without the input and approval of the U.S. Department of Justice may jeopardize the settlement agreement between CUC and the Environmental Protection Agency regarding wastewater treatment.”
In 2005, the U.S. notified CUC it was preparing to pursue a federal court action to seek penalties and injunctive relief against the agency for violating the Clean Water Act.
CUC agreed to institute changes.
