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House review unconstitutional provision in CPA board composition
The House of Representatives would be reviewing the Commonwealth Ports Authority’s board of directors’ compliance to the CNMI Constitution in terms of composition.
The House Judiciary and Governmental Operations chaired by Rep. Ivan Blanco (R-Saipan) last Thursday adopted a bill that amends the composition of the CPA board, which currently allows board members with expired terms to continue serving as a board member until Gov. Ralph DLG Torres appoints a successor.
Sen. Justo Quitugua’s (R-Saipan) Senate Bill 20-92, which amends the composition of the CPA board to comport with the Article III, Section 21 of the CNMI Constitution provides that, “Upon the expiration of the term of a member of a board or commission, such person shall cease to be a member unless reappointed in the manner prescribed by law.”
The CPA board, according to 2 CMC § 2123, violates that provision by allowing previous members to continue serving as board members until Torres appoints a new CPA board member.
S.B. 20-92 deletes 2 CMC § 2123 in its entirety.
According to comments from the Office of the Attorney General on the bill, S.B. 20-92 is not unconstitutional.
The JGO adopted the bill for passage on the House floor in a future session unanimously without much discussion.
