Hofschneider return try fails

Three Marianas Public Lands Authority board members tried—but failed— to get suspended MPLA commissioner Henry Hofschneider back to work after one of them withdrew his support for the move yesterday.

MPLA sources said that MPLA vice chair Manny Villagomez, who is undergoing medical treatment in the Philippines, and board members Nicolas Nekai and Felix Sasamoto signed and issued a memorandum directing Hofschneider to return to work on Monday.

In their memorandum, the three board members reportedly said that MPLA chair Ana Demapan-Castro had no authority to suspend Hofschneider.

One of the sources noted that the memorandum was unofficial. Board decisions must be agreed upon in a meeting announced to the public several days prior to schedule.

The memorandum further lost bearing after Sasamoto allegedly rescinded his signature yesterday. According to sources, Sasamoto withdrew his support, pending the next board meeting when the body can decide on the matter.

Any board action needs the support of at least three board members. Without Sasamoto’s support, there were not enough votes to make the memorandum effective.

Saipan Tribune tried calling Nekai, Sasamoto, and Hofschneider from Monday evening until early last night, but none of them was available for comment.

MPLA staff confirmed that Hofschneider did report at the Public Lands office on Monday and yesterday morning. He reportedly went into his former office now being used by acting MPLA commissioner Frank Eliptico.

Demapan-Castro and Eliptico are currently both off-island. They will be representing MPLA in the business conference sponsored by the U.S. Department of the Interior.

Last July 9, Demapan-Castro issued a suspension order against Hofschneider for alleged insubordination, citing the commissioner’s decision to allow the Commonwealth Development Authority to alter a requisition document without the board’s approval and consent.

The document is related to the transfer of MPLA funds at the Bank of Guam to pay for land compensation claims. Hofschneider allegedly allowed the CDA to alter the amount of funds being transferred from $216, 322 to $134, 695.91 without specific information as to whom the revised drawdown amount is intended to compensate.

“Any alteration without the board’s approval is grounds for disciplinary action,” Demapan-Castro said in the suspension order.

Demapan-Castro also cited as an act of insubordination Hofschneider’s “abrupt departure” from an MPLA meeting last July 2 and his failure to return.

“While issues were being discussed, you got up from your chair, slammed the door, and left the room. I tried to speak to you, but you refused to listen,” she said in the memorandum.

For his part, Hofschneider said he committed no violation by allowing Ada to deduct $81,626.09 from the requisition document.

“For your information, requisitions for fund drawdown are prepared at my call and are not subject to…[the] MPLA [board’s] approval. For example, Requisition Nos. FY04-01, FY04-02, and FY04-03 were all prepared at my instructions and sent to the Secretary of Finance for his concurrence and then to CDA, without the board of MPLA ever approving any one of them,” Hofschneider said in a letter to the Attorney General’s Office.

Hofschneider has also disputed his suspension by filing a case against MPLA at the U.S. District Court.