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Govendo calls for a chamber meeting; no compromise yet
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Posted on Sep 21 2011
By Ferdie de la Torre
Reporter
Reporter
Superior Court associate judge Kenneth L. Govendo called to his chamber yesterday the lawyers involved in the NMI Retirement Fund’s request for a temporary restraining order against Public Law 17-51.
Saipan Tribune learned, however, that the chamber meeting did not end with a compromise or ruling. Govendo ordered the parties in the case to submit proposed findings of facts and submissions of law and that’s when he will make a decision in the matter.
The Fund is asking for a TRO to stop the enforcement of Public Law 17-51, which allows Fund beneficiaries to sue on behalf of the pension program if the board refuses to bring such a lawsuit.
Govendo called for yesterday’s in-chamber meeting after hearing the parties’ closing arguments.
Attorney Carolyn M. Kern argued on behalf of the Fund, while assistant attorney general Michael A. Stanker argued as counsel for Fitial, Inos, and the Superior Court’s clerk of court, in opposing the TRO request.
Attorney Michael Dotts made the closing arguments on behalf of retirees Mariano Taitano, Roman F. Tudela, and Patricia Guerrero who, as intervenors, also oppose the TRO bid.
The TRO hearing began on Monday.
The Fund had also named clerk of court Bernadita Sablan as a co-defendant to stop her from accepting any lawsuit filed pursuant to Public Law 17-51, also known as the Derivative Beneficiaries Act.
Fund counsel Kern questioned the Act’s constitutionality and asserted that the TRO will ensure that assets are invested to maximize the length of time that their benefit payments will continue.
Kern cited the “immeasurable hardship” the Fund will face if a TRO is not issued. She said the hardship will be evident when the Fund runs out of money and is no longer to able to make pension payments.
Stanker said all the Fund board needs to do to remedy the situation in which the Fund’s agents have quit is to hire new agents.
Dotts pointed out that the Fund still has other managers beside those who have quit.
