In her order, Associate Justice Alexandra F. Foster said, “the PRCS cannot operate under the current conditions, where the PRCS staff is afraid to come to work, does not know who is in charge, and fears for their job security. This stalemate meets the element of ‘immediate and irreparable injury, loss or damage’ if gone unchecked.”
Accordingly, the Court granted the Plaintiffs — the current Board of Directors Chairman Santy Asanuma and Board Members Gilbert Demei, Emery Wenty, Darin DeLeon and Mary Ann Delemel — motion for a temporary restraining order. On Wednesday, at 8:30 in the morning, plaintiffs filed for a TRO against the new Board under ROP R.Civ.P. 65(b). On the same day at 11:29 in the morning, former PRCS Executive Director Miriam Chin filed her opposition.
Until further order of the Court, defendants – the “new” Board of Directors headed by Appointed Chairman John Paul Ililau and Chin — their officers, agents, servants, employees, trial counselors, attorneys and all in active concert with them, are barred from claiming that they represent the PRCS or its Board or its Executive Director in any PRCS business; acting as an employee of PRCS, going to the PRCS office, and making unsolicited contact in person or by telephone, email or through third persons with PRCS employees or staff.
On October 21, the current Board of PRCS received a resolution from Ililau, stating that the current Board of Directors of the PRCS have been replaced by new ones, namely, Maria Rehuher, chairperson; Francis Matsutaro, vice chairperson; Adora Nobou, secretary/treasurer; Nobert Yano; Harry Besebes; Lily Ulitech; Edna Raymond.
The said resolution (No. 001-2010) stated that “After lengthy deliberations it became clear to all members present that the current members of the Board have displayed lack of leadership and have become dysfunctional, insensitive and unreasonable to the current and very serious crisis faced by the PRCS.”
The decision was allegedly made during the PRCS General Membership meeting held at the former Olbiil Era Kelulau (OEK) building on October 20.
According to Asanuma in an interview, on Tuesday morning, the alleged new Board of Directors tried to ascertain themselves and their physical presence in the Red Cross office.
“They came in and tried to gain control of this office,” Asanuma said. “One of their central positions is to reinstate former Executive Director Miriam Chin.” He added, “The ‘New Board’ came in and acted as if we are no longer involved and the staff her are no longer taking their directions from us.”
Asanuma said it caused great chaos and confusion. “The staff has become confused of where to get their directions from, which led to impressions that there are two Boards. And that is a big problem. We can’t have a Red Cross Society with two Boards.”
Chin who was indefinitely suspended from her post on August 28 this year for reasons of “complete disregard of her responsibilities as Executive Director and insubordination and disrespect of the Board” was officially terminated by the current Board in an emergency meeting held on October 21.
Chin previously filed a suit against the current Board, alleging wrongful termination.
The Plaintiffs are joined by Kambes Kesolei and Temmy Shmull in the Board. At present, there are two positions vacant after Maria Rehurer and Father John Paul Ililau resigned from their posts as Board Members.
“The current members of the Board are respectable members of the community,” Asauma said. “And we believe that the Red Cross Society is in good hands with us.” They wish to inform the public that there is no crisis in the PRCS. “The crisis lies in the controversy on how the Red Cross should be managed,” Asanuma opined.
The central issue that started the quarreling in the PRCS, according to Asanuma, was when the Board begun pushing for full disclosure of all the Red Cross affairs. “We have to achieve transparency,” he said. “The people need to know what happened to the money that came in to the Red Cross.”
Asanuma added that the Board has been very careful and cognizant of the people involved, especially of Chin. “We have respect for her social status,” Asanuma said. He said the Board has been trying to mitigate the internal issues of the Red Cross, hoping that they will be able to solve them internally.
“Now it’s beyond our control to keep our silence,” he explained. “It has been going on for several months now, but we are forced to comment and explain to the public. We were not the ones who brought the issue to the court.”
The current Board wants the public to know that Red Cross is not on the brink of destruction. “Red Cross will only be viable based on public trust and goodwill of the people,” Asanuma said.
When Palau Horizon contacted Chin for her side of the issue, she said her lawyer has advised her not to give any comments until the case is resolved.
