NMC asked to explain failure to meet alien hiring policy by 2005

The House of Representatives is asking the Northern Marianas College to explain why it failed to comply with the mandate to end its hiring of nonresident workers after 10 years.

Rep. Justo S. Quitugua, chair of the Committee on Education, said the move is part of his recent introduction of a bill supporting NMC’s request for an extension on the period allowing it to hire nonresidents.

Quitugua, in a June 27 letter to NMC president Antonio V. Deleon Guerrero, said that NMC’s request to extend the hiring of nonresident instructors at NMC resulted in the introduction of House Bill 14-329.

The congressman said that, although he understands the current need of the college to keep its nonresident staff, the college has to make a formal justification why it failed to address the matter for almost 10 years now.

Under the law, the college can only hire nonresident workers up to Sept. 30, 2005.

The lawmaker cited that Public Law 3-66 as amended includes NMC as among the government agencies exempted from the hiring restriction.

In 1996, P.L. 10-4 was enacted extending the sunset provision for other agencies with expiration dates. NMC was given a deadline of Sept. 30, 2000.

The law strictly mandates exempt agencies “to actively work toward phasing out the reliance on nonresident workers,” requiring them to develop a comprehensive manpower training and education plan and submit annual progress reports to the Legislature.

In 2000, P.L. 12-34 was enacted extending NMC’s exemption to September 2005. This law specifically provides that it is the “intent of the Legislature that no further extensions of these exemptions will occur for any reason.”

“This law prohibits any more extension for NMC. So this is the issue here. That law was passed with the understanding that NMC was doing its part,” said Quitugua.

The six-year extension, he said, was granted to ensure that NMC could modify its manpower training and education plan to include measurable goals and objectives, timeliness, completion dates, budget requirement, and responsible person or persons to carry out the plan.

“The statute expresses that ‘failure’ of the government’s hiring authority to comply with this provision shall be grounds to suspend the privilege of hiring nonresident workers by non-complying entity, and this provision shall be enforced,” said Quitugua.

In his bill, Quitugua proposes to extend up to 2012 the hiring of nonresident workers at the college.

H.B. 14-329 aims to amend 3 CMC section 4434 to extend the hiring of nonresident workers at the college and to mandate a manpower training and educational plan.

The existing law allows NMC to hire nonresident workers as instructors, research scientists, and other technical and professionals, provided that they are graduates of U.S. universities and colleges and U.S. accredited institutions.

NMC currently employs six nonresident workers: four are faculty and two are in the Cooperative Research Education and Extension Services department.