Retired PSS staff sues three BOE members over Borja’s selection as commissioner

A retired Public School System employee has sued PSS and three Board of Education members over the alleged improper selection of David Borja as education commissioner.

Rita A. Sablan sued PSS, BOE chairman Roman C. Benavente, and members Engridino Jones and Marja Lee C. Taitano, for violation of Open Government Act, breach of contract, fraud, and violation of PSS organization and philosophy.

Sablan, through counsel Victorino DLG Torres, asked the Superior Court to order the defendants to pay her damages, court costs, and attorney’s fees.

Torres stated in the complaint that on Feb. 6, 2006, the position for the commissioner of education (COE) was opened with closing date of March 31, 2006.

Torres said Sablan timely submitted her application along with all proper documentation for the position.

Torres said that during the discussion, deliberation and appointment for the COE, only five board members were allowed to discuss and deliberate on the appointment.

The lawyer said that on June 8, 2006, Benavente unilaterally appointed an applicant, Borja, as the acting COE without any announced board meeting or board approval.

Apparently, Torres said, discussions about the appointment between Benavente and Borja regarding the appointment had occurred without any discussion, deliberation or approval by other board members.

“The purpose of appointing Borja was to place him in a better position over Mrs. Sablan. Through his position as acting COE, Borja was able to have direct contact and communication to the defendants, a leverage Sablan was not afforded,” he alleged.

Torres said the decision to appoint the acting COE was never announced to the public pursuant to the Open Government Act.

He said that on July 21, 2006, Benavente, Jones, and other board members voted unanimously to present a certified question to the CNMI Supreme Court asking whether a Master’s Degree in business administration or management and supervision falls within the phrase “some field of education” as used in Commonwealth Public Laws.

Apparently, Torres said, there were serious controversies whether or not Borja’s business degree is in the “field of education.”

The lawyer cited that despite the already announced meeting and decision (certified question), Benavente caused to place in the Aug. 25, 2006 meeting an agenda “to rescind comments request to the Supreme Court and selection of COE.”

Interestingly, Torres said, it was already titled “rescind” and when such decision had not been deliberated.

“It is clear that communications, discussions and deliberations were occurring outside the announced meetings in violation of the Open Government Act,” he asserted.

Torres said that on Aug. 25, 2006, Benavente, Jones, and Taitano voted back to back to rescind the certified question and selection of Borja as COE.

Sablan was never notified that the BOE had selected Borja as the commissioner.

Torres said teacher representative Ambrose Bennett was removed from discussions and executive sessions on the June 7, 2006 meeting.

Torres said that on March 27 and May 2, 2006 a BOE special assistant caused to forward a copy of an unsigned letter from a public member to Benavente, Jones and Taitano and other board members basically opposing the hiring of Sablan.

Torres said Benavente, as BOE chairman, did not advise other board members that the letters should not be considered and entertained.

Despite these violations, Benavente, Jones and Taitano voted to hire Borja who held no Master’s degree whatsoever in any field of education, the lawyer said.

Under the criteria set by PSS and the BOE, including the Job Vacancy Announcement (JVA), Torres pointed out, there is absolutely no preferential treatment for employees within PSS in the hiring process for the COE position.

“Under the criteria set by the PSS and BOE, including the JVA, it is a violation to discriminate against an applicant merely because the applicant has retired from the PSS,” Torres said.

Sablan is a retired PSS employee. She used to be the associate commissioner for curriculum and instructions.

Unlike Borja, Torres said, Sablan has earned the required degree holding the Masters of Arts in education with emphasis in administration and supervision.

Torres also cited that on June 16, 2006, during a PSS Reading Academy Conference at Aqua Resort Club, Jones approached Sablan, held her hand and congratulated her as they allegedly decided to choose her as the commissioner.

“If Jones was in fact telling the truth that Sablan was already hired as the COE then there is a breach of contract,” Torres said.