Ex-CPA official cleared in civil suit

The Superior Court has dismissed in its entirety the complaint filed by the Attorney General’s Office against former Commonwealth Ports Authority executive director Roman Tudela after both parties agree to dismiss the case.

The parties agree that the action can be refiled against Tudela up until May 1, 2000 after which time the action would be barred.

Tudela also agreed to state in his view that it would be prudent for the CPA in the future to obtain review and approval of the AGO for its contracts and settlement agreement until the issues of whether or not such approval is required by law is determined by the Commonwealth courts.

Assistant Attorney General Robert Goldberg filed the civil suit against Tudela back in April 1997 involving an unlawful and improper $187,000 ‘settlement’ payment in connection with his position as former executive director of CPA.

Goldberg said Tudela entered into an illegal employment contract with the agency and obtained an illegal ‘golden parachute’ payment of $187,000 in public funds to settle nonexistent claims against the government.

In March 1993, Tudela executed a four-year employment agreement with CPA for the position of an executive director.

As executive director, Tudela’s employment was terminable at will, pursuant to 2 CMC 2126 which provides in part that “the executive director serves at the pleasure of and compensated as determined by the board.” He was subject to termination at any time and for any reason without any payment.

The agreement provides for a salary of $70,000 per annum with 45 days of annual leave each year and allowed Tudela to cash in up to 360 hours of accrued annual leave.

The agreement, according to Goldberg, was not submitted to AGO for review and approval as required by law, which means that the agreement is voidable.

In Nov. 1994, Tudela has entered into a termination and settlement of claims under employment contract which stated that in consideration of Tudela’s release of claims, he will receive the sum of $187,000.

Again, the settlement was not submitted to the Attorney General’s Office.

Goldberg said Tudela acted unlawfully and improperly in obtaining public funds to settle nonexistent employment claims and in attempting to hide the settlement from the people of the Commonwealth.

In dismissing the complaint, both parties agree that neither will file any motion for sanctions against the other, their agents, representation or attorney related in any way to the action.

Neither side also admits to any wrongdoing or impropriety.

Both parties will bear their own attorney fees and costs.