Hofschneider: Politics behind termination

The legal tussle between former Marianas Public Lands Authority commissioner Henry Hofschneider and current chair Ana Demapan-Castro has led to accusations of retaliation due to political affiliation, amid the public disclosure of House Rep. Heinz Hofschneider—the brother of the commissioner—that he would challenge Gov. Juan N. Babauta in the Republican Party’s primary elections.

The commissioner has amended his federal lawsuit against Castro, asking the court to award him punitive damages of $1 million.

The federal suit is separate from the CNMI Superior Court action the commissioner had initiated against Castro and the MPLA board, wherein he sought damages of at least $1.75 million. In the CNMI court, Henry Hofschneider asked it to declare that his suspension and termination by Castro was illegal and null.

Hofschneider’s lawyer, Sean E. Frink, pointed out in the amended federal complaint that Castro identifies herself as Babauta’s political supporter.

“[Castro’s] belief that commissioner Hofschneider is politically opposed to Gov. Babauta was a substantial or motivating factor in [her] suspension of Hofschneider without pay and termination from employment,” Frink stated.

Frink contended that Castro’s actions against his client violated the latter’s constitutional due process rights. Similar to the Superior Court action, Frink accused Castro of retaliating against his client by withholding the commissioner’s annual leave.

Frink accused Castro of retaliation for Hofschneider’s public statements that the chair’s actions against him were inappropriate. He said his client’s exercise of free speech, which is guaranteed by the First Amendment of the federal Constitution, substantially motivated his suspension without pay and eventual termination from the MPLA.

Castro issued a notice of suspension to Hofschneider last July 9 for alleged insubordination after he caused a document requisition to be altered without the board’s consent and for leaving the MPLA board’s July 2, 2004, meeting without permission. The notice indicated that Hofschneider would receive full salary and benefits during the 15-day suspension.

MPLA board members Manuel P. Villagomez and Nicolas M. Nekai had separately questioned Hofschneider’s unilateral suspension, besides justifying that the commissioner had asked their permission to leave the July 2 meeting. Commonwealth Development Authority chairman Sixto Igisomar had also written to Nekai that the adjustment made by Hofschneider to the requisition document was required by public law.

In the Superior Court suit, Frink assailed Castro’s unilateral authority to act on behalf of the board, saying it violates the CNMI’s Open Government Meetings and Records Act, which states that: “The board shall act only by the affirmative vote of the majority of the five.”

He also impugned the validity of the Aug. 14, 2003 special board meeting which Demapan-Castro claimed to have given her unilateral authority to carry out the board’s actions. “Any action taken at meetings failing to comply with the provisions of the OGA shall be null and void,” Frink said, citing a statutory provision.

Castro suspended the commissioner, without pay, effective July 30, pending the opinion of the Attorney General’s Office and the Department of Finance regarding Hofschneider’s document alteration action. Frink said, however, that Castro failed to cooperate in the AGO probe.

Castro issued the commissioner a notice of termination sometime in October.