NMC board: McPhetres out

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Posted on Mar 13 2009
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Is she in or is she out? The Board of Regents says out; the governor says in.

A legal conundrum is brewing at the Northern Marianas College in the case of Agnes McPhetres, with the Board of Regents saying her resignation became automatically effective when they received it on March 6. Gov. Benigno R. Fitial disagrees, saying he never received the letter and, as far as he is concerned, McPhetres is still an active member of the board.

In yesterday’s special board meeting, the members never got around to voting whether to accept or reject McPhetres resignation because the discussion focused on legal questions surrounding McPhetres’ initial letter of resignation to the governor, copies of which were also sent to the other regents.

Board chair Charles V. Cepeda told members of the faculty and regents that, based on the opinion of the board’s legal counsels, “no action is necessary for the board to take” in McPhetres’ resignation, meaning it was automatically effective when the letter was received Friday.

Board regent Janet King said she disagrees with the legal counsels’ opinion. That didn’t stop the board chair from announcing that the issue is closed and it’s the “majority’s decision.”

McPhetres, who was also present during the meeting, explained that her resignation was never “read, received, and properly delivered” to the governor.

“I submitted my letter to the governor and I met him at 4pm. We talked about the implication and the governor even told me that ‘I don’t even want to take a look at it [the resignation letter]. As soon as we finished our meeting, I immediately contacted NMC to recall the letter to the board members, which I was informed was already sent out,” she explained.

Feeling it immaterial for her to stay and “plead” her case, McPhetres stood up and spoke to the crowd at the conference room: “It seems that the chairman of the board obviously didn’t want me to be on board. So I thank you everyone who are here for your support. Many of you are here when we started this college and you know how hard this college started. For the sake of peace, integrity, and truthfulness I think I might as well step out.”

McPhetres said she wants to set the record straight: “I was never involved in any of the [staff] gathering…and it has been alleged that I’ve done that. I am stepping down because of these allegations. But I want the record straight that I am leaving this board with a clean slate. I have done nothing wrong and one of these days, the truth will come out.”

She thanked everybody and then walked out of the room.

A few minutes later, the board went into executive session and then adjourned.

Governor’s wish

In an interview with McPhetres outside the venue, she said her decision to recall her resignation was because of the governor’s wish and desire for her to be on board.

“I know the governor will be very disappointed with the chairman’s decision. I started this college from nothing and I have been here for over 17 years. My experience, capability as president and member of the accrediting team convinced the governor that my service is needed here at NMC,” she said.

McPhetres is the first and longest serving president of the college.

She recalled that during her term as president, the college didn’t experience serious problems with its accreditation.

“Now they are blaming me for all this?” she asked.

She disclosed that since day one of her appointment to the NMC regency, “President [Carmen] Fernandez went against my appointment.”

She did not elaborate when pressed.

Fitial: McPhetres still active

As soon as Fitial was informed of the board’s decision, he immediately wrote a letter to Cepeda, informing him of McPhetres’ active membership in the board.

“As the appointing authority for the NMC Board of Regents, I am writing to inform you that as far as I am concerned, Regent McPhetres is still a member of the NMC board because her resignation was not actually tendered, served, or effectuated,” Fitial told Cepeda yesterday.

The governor admitted that he never actually read McPhetres’ resignation letter and his office has no record of receiving, stamping, or noting it.

“When we met in my office, she expressed a strong desire to resign from the board…However, after much discussion, McPhetres and I both agreed that her resignation would not serve the best interest of NMC and the CNMI community,” the governor’s letter stated.

When contacted by Saipan Tribune last night, Cepeda declined to comment on the governor’s letter, saying he has yet to see it.

‘Reappointment strong possibility’

During yesterday’s board meeting, however, Cepeda said their decision is final.

“It’s final that Regent McPhetres did resign from the board…and we have two vacancies now.”

Cepeda believes, though, a member can return to the position through re-appointment.

“That’s a very strong possibility,” he said, adding that the person who resigned or is resigning is the one who informs the governor of the decision or action.

In a separate statement, Cepeda acknowledged McPhetres’ assistance and support to NMC and the board.

“Ms. McPhetres has played an integral role in the establishment of the college and her contributions are well recognized,” said Cepeda. “We continue to be thankful for her dedication and commitment and wish her well in her future endeavors.”

Stressing that the college is continuing to move forward in its efforts to meet accreditation requirements for the benefit of its students and the community, Cepeda also emphasized that members of the Board of Regents will continue to work within and uphold the policies and procedures of the college.

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