‘Atalig ouster unconstitutional’

Fermin Atalig

Commonwealth Healthcare Corp. board of trustees chair Lauri Ogumoro removed Fermin Atalig from the board last September 2020, in what Sen. Teresita A. Santos (Ind-Rota) now says was an “illegal and unconstitutional” action.

In Ogumoro’s Sept. 18, 2020, termination letter to Atalig, it cited Atalig’s alleged failure to attend board meetings as the reason for his ouster. Atalig later claimed that he only got sporadic notices of scheduled board meetings and he always attended those meetings where he was informed beforehand.

In a letter last Tuesday to Ogumoro, Santos described the reason for removing Atalig as “highly questionable.” Santos pointed out that Atalig was denied due process and she accused Ogumoro of usurping Gov. Ralph DLG Torres’ authority to appoint or remove board members.

Santos said the CHCC board of trustees was established by a Commonwealth statute that cannot supersede the CNMI Constitution.

As of press time yesterday, Saipan Tribune was still awaiting comments from Ogumoro.

In her letter, Santos said Ogumoro made Atalig’s removal from the CHCC board effective on the same day she wrote the removal letter. As a result, Atalig never received any notice of any scheduled board meetings thereafter, she said.

In fact, Santos said, Atalig never knew he was no longer a board member after Sept. 17, 2020, until he received Ogumoro’s letter by mail on Jan. 5, 2021.

Lauri Ogumoro

Santos said Atalig claimed that he was not provided a copy of the board’s bylaws when he came on board.

She said Atalig also shared that he would sometimes get an email of scheduled meetings and sometimes not. The senator said that, according to Atalig, when he receives an advance notice of the meeting and is able to attend, he would participate through Zoom at the Rota Health Clinic.

She said Atalig stated that he always makes it a priority to attend the meetings where he had been notified in advance.

Whatever the case may be, Santos said, Ogumoro’s authority to remove Atalig as a board member is even more egregious as it violates Commonwealth law and the CNMI Constitution.

She said the statute specifically provides that the governor may remove a trustee in accordance with Article III, Section 21 of the CNMI Constitution. Santos said the governor’s removal authority requires a serious offense.

She said non-attendance at a meeting does not come close to a justifiable removal by the governor, let alone by Ogumoro as a board chairperson and based on the board’s bylaws.

Teresita A. Santos

The senator asked the board to reinstate Atalig to represent the people of Rota.

Citing the Commonwealth Code and the governor’s removal authority as outlined in the CNMI Constitution, Santos asked Ogumoro on behalf of Atalig to rescind Atalig’s removal, which she described as void as it violates the CNMI law and Constitution.

The senator said Ogumoro’s erroneous action in terminating Atalig has adversely affected the interests of the people of Rota by depriving them of a voice on the board since Sept. 18, 2020.