Senate panel: Fitial appointee to MVA board not a citizen

Gov. Benigno R. Fitial’s appointee to the Marianas Visitors Authority’s board of directors is not a U.S. citizen or national and as such, the Senate Committee on Executive Appointments and Government Investigations said it cannot act on this nomination.

But the Fitial administration said yesterday that Kwang Joong Kim, president of Lao Lao Bay Golf Resort, can be appointed to serve on the MVA board of directors.

Senate EAGI Committee chair Sen. Frank Cruz (R-Tinian) told Senate President Paul Manglona (Ind-Rota) in a June 23 letter that said Kim is not eligible because he is not a U.S. citizen or national as required by 1 CMC 2901.

“The Committee on EAGI does not have legal authority to consider Mr. Kim’s nomination. Consistent with 4 CMC 2111, he is only eligible to serve as a board member of MVA if he is one of the two non-U.S. citizens chosen by members of the MVA,” Cruz said in a letter to Manglona.

Manglona, when asked for comment yesterday, said it may be an oversight on the part of the administration—a point rebutted by press secretary Angel Demapan.

“The administration consulted the enabling legislation that established the Marianas Visitors Authority and its board of directors. As opposed to the usual requirements imposed on members of other boards and commissions, such is not the case for MVA board members. Therefore, in considering Mr. KJ Kim to fill the void on the MVA board, the administration concluded that not only will he be an added asset to the board, but also that his nomination is in conformity with governing statutes,” Demapan told Saipan Tribune.

Demapan also said the Fitial administration takes executive appointments very seriously and the governor and lieutenant governor make it a point to ensure that all governing laws for each nomination is adhered to.

Kim’s appointment, if and when confirmed by the Senate, is for a four-year term expiring on March 16, 2014.

Kim is a former general manager of Asiana Airlines and was previously appointed by the MVA board as honorary tourism ambassador for the CNMI.

Cruz said anyone appointed to a CNMI board must be a U.S. citizen or national.

But there is an exemption in the case of MVA, he said. Of the four who may be chosen by MVA members to serve on the board, only two such members may be non-U.S. citizen or national.

Cruz also said that on the advice of the Senate legal counsel, “Kim is not eligible to be appointed to the MVA board of directors by the governor.”

4 CMC 2111 allows the governor to appoint five members who will serve on the MVA board, while the other four are chosen by MVA members. Of the four, only up to two may be non-U.S. citizens or nationals.

In other news, the Senate EAGI Committee will conduct a public hearing on the governor’s reappointment of Francisco P. Rosario to serve on the Retirement Fund board this Wednesday at 9am in the Senate chamber.

At 1 pm on the same day, the committee will hold a public hearing on the governor’s reappointment of Dr. Ahmad Al-Alou to serve on the Medical Profession Licensing Board.