MPLA has a new commissioner

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Posted on Oct 13 2004
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A new commissioner has assumed office at the Marianas Public Lands Authority since last Friday.

The appointment of former Public Works secretary Edward Guerrero took effect on Oct. 8. He replaced Henry Hofschneider, who was suspended last July 9 for alleged subordination and who has a pending lawsuit against MPLA in the U.S. District Court over his suspension.

MPLA deputy commissioner Frank Eliptico had acted as the top administration official at Public Lands following Hofschneider’s suspension.

MPLA chair Ana Demapan-Castro and attorney Mark Smith, who is handling MPLA’s case against Hofschneider, refused to comment on the current status of Hofschneider’s employment with the agency.

The Saipan Tribune made several calls to the agency yesterday, during which MPLA staff confirmed Guerrero’s appointment. Saipan Tribune also tried—but failed—to reach Hofsch-neider and his legal counsel, Sean Frink, for their comment.

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.

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