Sirok: No express requirement to submit names to EPA for vetting

There is no express requirement in stipulated order 1 that requires that the Commonwealth Utilities Corp. to submit names to the U.S. Environmental Protection Agency for vetting of the executive director’s position, according to CUC counsel James S. Sirok.

CUC understands that SO1 positions require certain qualifications, Sirok said, and EPA and the U.S. can object if they feel that the person hired by CUC does not meet the qualification requirements.

“It is for this reason CUC had decided to pass names through EPA first before hiring, rather than after hiring,” Sirok said in documents filed in the U.S. District Court for the NMI on Wednesday.

CUC had asked the court to waive certain qualification requirements in order to allow acting CUC executive director Gary Camacho to become the executive director. The U.S. government opposes the request.

Bradley R. O’Brien, senior trial attorney of the Department of Justice Environmental Enforcement Section, had said that CUC’s request was done without meeting and conferring with the U.S.

O’Brien added that CUC failed to respect court resources and follow basic requirements by not submitting Camacho’s candidacy to EPA.

The position has been vacant since July 2015 when the CUC board of directors declined to extend the contract of then executive director Alan Fletcher.

O’Brien disclosed that last Jan. 11, CUC contacted the U.S. via e-mail requesting EPA’s advice regarding Camacho being appointed to the executive director position “notwithstanding” the qualification requirements.

O’Brien said CUC’s informal inquiry did not describe Camacho’s qualifications and did not follow the vetting process.

O’Brien said the U.S. responded to the email last Jan. 13, stating that if CUC would like Camacho to be considered for the position, the utilities agency should follow the process and information requirements.

“It is important that all candidates are treated fairly and equally,” the U.S. told CUC.

O’Brien said CUC thanked the U.S. for its “immediate attention” to the e-mail, but CUC then filed last Feb. 1 the motion to waive the requirements.

In CUC’s objection filed on Wednesday, Sirok said it is common knowledge within EPA and CUC that Camacho does not qualify for the position and it would have been inappropriate to transmit Camacho’s name for vetting, knowing he is not qualified.

The process would have done nothing, Sirok said, except to allow EPA and the U.S. to obtain another criticism for CUC to be stored away for use later, so it would complain that CUC was not following the provisions and requirements.