NMC interim President Lorraine T. Cabrera, in a letter to Rep. Raymond D. Palacios, Covenant-Saipan and chairman of the House Committee on Education, said House Bill 17-39 violates Article XV, Section 2(b) of the CNMI Constitution.
“[It] would have the Legislature be involved in the administration of NMC’s affairs. The CNMI Constitution prohibits this,” Cabrera added.
NMC’s board can adequately adopt personnel policies on its own, she said.
“In essence, we firmly believe the CNMI Constitution provides that the board of regents alone can adopt policies regarding the hiring and firing of its personnel, including the president,” she said.
Torres, Ind.-Saipan, introduced the bill, or the Postsecondary Education Amendment Act of 2010, saying the Legislature has the right to propose legislation to improve the operations and duties of the NMC board.
In his letter to Palacios, Torres said Cabrera incorrectly cites the CNMI Constitution “in order to create a false impression of NMC’s autonomy, in the administration of its affairs.”
He cited at least one Supreme Court case law to back up his legislation.
“In this particular case, the NMC faculty and staff have long fought the NMC administration for due process, especially in terminations ‘with cause as ironically enjoyed by ex-president Carmen Fernandez,” he added.
The lawmaker said his bill will grant NMC employees protection such that they can only be terminated through an adopted grievance proceeding and only “with cause.”
His bill, he added, also aims to address the high turnover rate among qualified faculty staff at the college.
