MVA explains its choice of Vicky
The law that gives the Marianas Visitors Authority board the power to appoint the agency’s managing director does not set a specific standard for that position, does not require a minimum educational background, does not require a degree in higher education or specialized work experience, and does not require the MVA to advertise a vacancy for the post if such a vacancy exists.
These were pointed out by MVA board of directors chair David M. Sablan in his written response to applicant James A. Santos, who had claimed that he felt “discriminated against” when the board chose Vicky Benavente over him for the position. Santos, an economist at the Commerce Department, had asked the MVA to explain why he was not chosen and to enumerate the criteria in its decision to hire Benavente.
Before her appointment, Benavente was MVA’s deputy managing director.
Sablan said that majority of the MVA board voted for Benevente after reviewing and rating the several applicants. “The MVA board made the selection after much thorough discussion and consideration of all the candidates’ background and experience.”
Santos had complained that, based on MVA’s Job Vacancy Announcement, it was specifically required that one of the minimum qualification requirements for the candidate is graduation from a recognized college or university, and that he believed Benavente does not meet the requirement.
Sablan pointed out, though, that Public Law 11-15, which gives the MVA board the power to appoint its managing director, does not set a specific standard for the appointed position of the managing director. At the same time, he stressed that to fill the appointed position of managing director “does not require that MVA advertise the vacancy.”
Sablan said that according to 4 CMC Section 2122, the person appointed to the position is not required to have a minimum educational background, degree in higher education or specialized work experience.
Sablan further pointed out that Santos himself had told the MVA board that he was “uncomfortable talking in public.” This, Sablan said, was a particular concern to the board as it would have a detrimental effect on the CNMI as a destination competing in today’s global travel industry.
He explained that the MVA managing director is frequently in the eye of the public and must be able to make speeches, sales calls, and presentations to travel and tourism representatives in all of the CNMI’s target markets.
On May 18, 2004, Santos sent letter to the MVA board of directors to express that he felt discriminated against and that he wanted an explanation from the MVA on the criteria used to select Benavente over him for the post.
“I have an undergraduate degree in International Trade & Finance. I also attended the Executive Development Institute for Tourism, a month-long intensive workshop at the University of Hawaii specifically geared toward executives working in the tourism and travel industry to which I also know that Mrs. Benavente did not attend. Based on these criteria, I feel I am a more qualified applicant for the position,” he said.
After an initial show of support, House Rep. Ray Yumul had also questioned MVA’s choice of Benavente, questioning her educational qualifications. Yumul himself was an applicant for the MVA managing director position back when the MVA chose Jonas Ogren. He had also questioned MVA’s decision on the matter.
