‘Return-to-work’ MPLA memo collapses

Another member of the Marianas Public Lands Authority board of directors has rescinded his support for the memorandum ordering suspended MPLA commissioner Henry Hofschneider to return to work.

Board member Nicolas M. Nekai’s decision followed a similar action by his colleague Felix Sasamoto, who had withdrawn his support for the order last Tuesday.

In a Sept. 22 memo, Nekai said his decision was prompted by “the complexity of the unnumbered memo,” which he, Sasamoto, and MPLA vice chair Manny Villagomez signed on Sept. 17.

“I am temporarily rescinding my support and signature until such time that the full board meets to resolve this matter,” Nekai said.

Some sectors raised concern about the three board members’ order, as it was not agreed upon in a properly noticed meeting. Further, the question over the legality of MPLA chair Ana Demapan-Castro’s suspension of Hofschneider is now pending in the U.S. District Court.

Demapan-Castro has suspended Hofschneider on July 9 for alleged insubordination. The chair accused the commissioner of wrongdoing when he allowed the Commonwealth Development Authority to alter a requisition document without the board’s approval and consent.

The suspension, which was supposed to end on July 29, was extended indefinitely.

However, in the memo dated Sept. 4 and signed on Sept. 17, Nekai, Sasamoto, and Villagomez said their order did not aim to undercut Demapan-Castro’s authority, but was made “in an attempt to stop efforts being wasted about what appears to us as merely a case of miscommunication.”

The board members maintained that Hofschneider did nothing wrong. They cited findings of “numerous lawyers and disinterested persons,” including the Office of the Attorney General, the bond counsel, and CDA.

“You were right to agree to the CDA’s recommended reduction of the amount to be transferred. The alternative would have been for MPLA to receive no transfer at all. If this had happened, numerous land claim settlements would not have been concluded,” the board members said.

They also noted that Demapan-Castro acted unilaterally and without lawful authority from the board when she suspended Hofschneider from work.

“The chairwoman’s suspensions of you were without authority and are hereby rescinded in their entirety. Everything related to your purported suspensions will be removed from your personal folder,” a portion of the memo read.