‘Governor has no constitutional right to select teacher rep’

Last Jan. 14 marked the first anniversary of the expiration of the term of former CNMI teacher representative Ambrose Bennett.

However, his successor is still nowhere in the horizon after the administration yesterday confirmed that Gov. Benigno R. Fitial would take “no action” on the vacancy, citing that this is beyond his authority.

Press secretary Charles Reyes Jr. said yesterday that the governor is constitutionally empowered to appoint a teacher representative who is selected by a teacher bargaining agent representative.

However, he said there is no teacher bargaining agent organization representative.

This organization could only be selected by the Public School System or the Board of Education, both of which are autonomous and outside the control of the Executive Branch.

“Until all the required constitutional requirements are met by authorities empowered by the Constitution to administer the PSS, the governor has no authority to select or appoint anyone to be teacher rep,” Reyes told Saipan Tribune.

The issue of the teacher rep has been on the table for quite some time after the court denied Bennett’s request to render an opinion on the specific constitutional provision.

Reyes said that, according to the governor’s education adviser, Daniel Nielsen, the legal position has been detailed and verified numerous times by various legal counsels, including an attorney general, several assistant attorneys’ general, and a former legal counsel of PSS over many years.

“The governor has no constitutional right to select Board of Education members, and he has no legal right to name a BOE teacher representative except as outlined following a process detailed in the CNMI Constitution,” Reyes said, adding that before the governor could be involved, the Education Board must formally recognize a single entity as the representative of the teachers as a bargaining representative for PSS.

So far, this has not occurred, according to the press secretary.

“Not being able to legally appoint a teacher representative to the Education Board has been extremely disappointing. However, the governor is hopeful that the BOE and/or PSS will take the necessary steps outlined in the Constitution so that he may select a teacher representative as soon as possible,” Reyes added.