NMC fails to phase out hiring of alien workers

For 10 years, the Northern Marianas College failed to develop and implement a comprehensive local workforce education and training plan as mandated by law, resulting in its continued hiring of nonresident staff.

In a July 8 letter to House Committee on Education, NMC acting president Joaquin Sablan said “the NMC administration was simply unaware of the requirements in Public Law 12-34.”

“We can’t find that such a plan was ever developed and implemented. Unfortunately, the current NMC administration was simply unaware of the requirements in P.L. 12-34, having come into office relatively late in the period covered by the law,” said Sablan, who was appointed interim president himself about four years ago.

Rep. Justo S. Quitugua, chair of the House Education Committee, said it was very disappointing to learn this.

“The Committee was very surprised and disappointed to learn that the NMC had not fulfilled its mandate to develop a comprehensive education and training plan,” said Quitugua in a July 15 report.

He said NMC should have “at the very least” submitted something to the Legislature explaining the reasons for its failure to develop such a plan, “given that this was a requirement since the enactment of P.L. 10-4 on March 6, 1996.”

Nevertheless, Quitugua recommended extending the sunset provision for NMC to hire nonresident workers for seven years.

The committee report on House Bill 14-329, which proposes to extend the provision, passed during a House session last Thursday.

The bill now goes to the Senate for action.

Earlier, Quitugua’s committee asked NMC to explain why it failed to comply with the mandate to limit its hiring of nonresidents within 10 years.

The congressman said that, although he understands the current need of the college to keep its nonresident staff, the college has to make a formal justification why it failed to address the matter for almost 10 years now.

Following amendments to the law, the college can only hire nonresident workers up to Sept. 30, 2005.

The lawmaker cited that Public Law 3-66 as amended includes NMC as among the government agencies exempted from the hiring restriction.

In 1996, P.L. 10-4 was enacted, extending the sunset provision for other agencies with expiration dates. NMC was given a deadline of Sept. 30, 2000.

The law strictly mandates the exempt agencies “to actively work toward phasing out the reliance on nonresident workers,” requiring them to develop a comprehensive manpower training and education plan and submit annual progress reports to the Legislature.”

In 2000, P.L. 12-34 was enacted extending NMC’s exemption to September 2005. This law specifically provides that it is the “intent of the Legislature that no further extensions of these exemptions occur for any reason.”

The six-year extension, Quitugua said, was granted to ensure that NMC could modify its manpower training and education plan to include, but not limited to, measurable goals and objectives, timeliness, completion dates, budget requirement, and responsible person or persons to carry out the plan.

“The statute expresses that ‘failure of the government’s hiring authority to comply with this provision shall be grounds to suspend the privilege of hiring nonresident workers by non-complying entity,’ and this provision shall be enforced,” said Quitugua.

In his bill, Quitugua proposes to extend up to 2012 the hiring of nonresident workers at the college.

H.B. 14-329 aims to amend 3 CMC section 4434 to extend the hiring of nonresident workers at the college and to mandate a manpower training and educational plan.

The bill also mandates the college to compile and distribute lists of its graduates upon each graduation semester to government entities and interested businesses “to bridge the gap between NMC graduates and viable employment within the CNMI.”

NMC currently employs six nonresident workers: two Japanese language instructors, two nursing instructors, and two scientists for the NMC- Cooperative Research Education and Extension Services.