Complying with a judge's order, the Office of the Attorney General submitted to the federal court the history of the NMI Retirement Fund board's appointments from January 2006 to the present.
Assistant attorney general Reena J. Patel informed the U.S. District Court for the NMI on Wednesday that the OAG requested the special assistant of projects law review to compile the appointment history, as requested by the court.
Patel said the OAG does not maintain records of appointments to the Fund board as the trustees are appointed by the governor and confirmed by the Senate.
Victoria Guerrero, special assistant for the Office of Programs and Legislative Review for the Office of the Governor, stated in her declaration that their office regularly maintains records of all appointees to boards and commissions for the CNMI government, its agencies, and instrumentalities.
According to Guerrero's record, from September 2006 to April 2012, a total of 12 persons were nominated to the Fund board. Of the 12, one was nominated thrice and five were nominated twice each.
According to attorney Braddock Huesman, counsel for the Fund board, the current trustees are only Pedro Q. Dela Cruz, Sixto K. Igisomar, and Adelina C. Roberto.
Huesman said the board currently lacks a quorum and is unable to defend itself against the lawsuit filed by two unnamed retirees.
The statute creating the Fund provides that the Fund's board must have seven trustees.
U.S. District Court for the NMI designated judge Frances M. Tydingco-Gatewood had ordered the OAG to submit the board's appointment history.
Tydingco-Gatewood ordered the parties in the lawsuit to present arguments whether the case can move forward, given that the Fund's board lacks a quorum.
The unnamed retirees want the court to grant their three emergency motions: motion to lift stay, motion for a temporary restraining order and preliminary injunction, and motion for leave to file a second amended complaint.
Gov. Benigno R. Fitial and the CNMI government are opposed to have the litigation of the lawsuit proceed.
The federal court has set a settlement discussion in the unnamed retirees' lawsuit for Sept. 10, 2012.