‘Despite trial, Villagomez still lieutenant governor’

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Posted on Apr 15 2009
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Although he has been attending his trial every day for the last two-and-a-half weeks, Lt. Gov. Timothy Villagomez continues to hold the position of second-in-command for the CNMI.

As an elected official, Villagomez does not need to take leave like other department heads. However, he could declare himself unavailable to serve, at which point Senate President Pete Reyes would assume the position of lieutenant governor.

Charles Reyes, press secretary for the Governor’s Office, said Villagomez has not been in the office since the trial began on March 30.

“I don’t think he’s at the office. I haven’t seen him. He’s been in court full time,” the press secretary said.

The lieutenant governor also has not been present in the governor’s weekly cabinet meetings since the trial started.

Villagomez, along with his sister Joaquina Villagomez Santos and former Commerce Secretary James Santos are on trial for allegedly bilking the government out of thousands of dollars with a series of needless chemical purchases.

In general, Reyes said, the lieutenant governor, like the governor, is on call 24-hours a day.

“If there was a CNMI emergency of some sort, like a volcano eruption, he’d be on call,” he added.

Reyes said Villagomez is not required to attend the trial each day.

“He doesn’t have to be in court unless he’s cross examined or unless he’s called into testify,” he said. “He can just let the lawyers handle it. He probably wants to be there. I’d want to be there. I wouldn’t want to hear it second hand. I’d want to see first hand what’s going on.”

The ongoing trial is why Gov. Benigno Fitial has remained in the Commonwealth. Fitial was scheduled to attend a Department of Interior-sponsored business summit last week with Guam Gov. Felix Camacho and American Samoa Gov. Togiola Tulafono but decided to stay in the CNMI.

“Unfortunately, I informed [Office of Insular Affairs’] Nik Pula I will not be able to attend because I feel it will be a disservice on my part when my lieutenant governor is undergoing a court hearing,” he earlier said.

Villagomez continuing to hold the position damages public confidence and the integrity of the executive branch, said Rep. Tina Sablan, who authored a resolution that would have created a committee to investigate allegations against Villagomez and report recommendations on whether there was cause for impeachment. The House failed to passed the resolution.

Villagomez, under the Constitution, could declare himself unavailable to serve.

“Such a declaration would not automatically disqualify the lieutenant governor from continuing to hold the office of lieutenant governor although it might provide grounds for impeachment under section 19. The legislature might conclude that this refusal constitutes neglect of duty, since one of the principal responsibilities of the lieutenant governor is to be available to act for the governor in the event of absence or disability,” according to the Constitution.

Sablan said at the very least Villagomez should declare himself unavailable to serve, because he does not need to worry about being impeached, as the House members have shown they will not look into impeaching him.

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