Appointment power faces legal challenge

A major legal battle is brewing between the Senate and the executive branch over the extent of the legislative authority to confirm appointments made by the governor, ranging from members of boards and commissions as well as departments heads.

Senators have authorized their legal counsel Steve Woodruff to represent the upper house in any legal actions seeking determination of the constitutionality of its advice and consent authority granted by law as well as the extent and limits of the governor’s appointment power.

Initiated by Senate Vice President Thomas P. Villagomez, the move came on the heels of disagreement between the two branches of the government over appointments and nominations made by Gov. Pedro P. Tenorio.

A resolution adopted at a Senate session last Friday formed the basis of such action which followed barely two months after the Superior Court ordered Mr. Tenorio to name a permanent Attorney General and forced former acting AG Maya B. Kara, whose nomination was rejected by senators, to step down.

Citing its objection to a legal opinion issued by the AGO in September 8, 1999, the Senate said argument pointing to its alleged unlawful confirmation raises potential questions about the legality of governor’s appointees.

“[I]t is not in the best interests of the Commonwealth for this matter to be left in uncertainty or as festering dispute,” stated the resolution signed by the nine senators.

It added that Mr. Tenorio felt he is placed in an awkward position by the AGO’s opinion and that he had informed the Senate informally that he favors judicial resolution of this question.

Senators also claimed the governor had indicated his support of their position, although he had told them he will not contradict the decision of the government lawyers.

No problem

In a letter to Senate Floor Leader Pete P. Reyes last month, Mr. Tenorio said he would continue to submit nominations to the upper house to go through the usual confirmation process.

“I am committed to working closely with representatives of the Legislature on all matters of mutual interest,” he explained.

“For this reason, although not specifically required by either the Covenant or the CNMI Constitution, I have in the past and intend in the future to submit to the Senate the names of all appointees for advice and consent where such consent is required by statute,” he added.

According to the legal brief prepared by Assistant AG Elliot Sattler, unless such “advice and consent” is specifically required by the NMI Constitution, the governor has absolute authority to appoint individuals as members of a board or commission and/or to appoint subordinate executive officers. without going through the legislative process.

The opinion stemmed from questions raised by the Senate on the appointment of Connie Seman-Camacho to the Board of Election by former Gov. Froilan C. Tenorio who said then that she would not require the Senate confirmation as there is no law mandating that.

The Senate does not subscribe to the idea since the Constitution states that it has the power to confirm or reject nomination by the governor, said Mr. Villagomez.

“We would like to find out the judiciary’s position on this matter so that once and for all, we will be able to settle our differences with the administration,” he told in an interview.

Senators and administration have tangled in the past over executive appointments, including Ms. Kara who stayed in office for 18 months without the Senate advice and consent.