Appointment of new OPA chief in limbo

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Posted on Jul 08 2008
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No appointee has yet been named to replace Public Auditor Michael S. Sablan, whose resignation goes into effect in two weeks.

Press secretary Charles P. Reyes Jr. yesterday said the governor is aware that he should be making a nomination for the Office of the Public Auditor, but it is not clear whether a candidate has been chosen.

“I do not know whether a candidate has been selected yet, but I can tell you that the appointee must meet certain legal requirements. The Administration will abide by the legal requirements in making a nomination,” said Reyes.

By law, a public auditor must be a certified public accountant with at least five years experience in accounting or government finance. Both the Senate and House of Representatives must approve any nomination for public auditor.

Some of the CPAs in the Commonwealth are former OPA manager Rufo Mafnas, now running his own practice; Mike Johnson, a partner at the Deloitte accounting firm; Dora Guerrero, manager at Deloitte; Scott Magliari, in private practice; David Burger, in private practice; Deanna Tessen, Microl Toyota; Dennis Yoshimoto and Yenny Tom, Joeten; former OPA manager David Blake; and former Commonwealth Ports Authority board chair Rex Palacios.

The law allows the governor to appoint a temporary public auditor to serve until the vacancy is filled. A concerned citizen, who refused to be named, has expressed concern that this provision theoretically allows an acting public auditor to serve indefinitely—or at least until the end of the appointing governor’s term—without being confirmed by the Legislature.

The public auditor is appointed for a term of six years, but cannot serve for more than two six-year terms in a row. He or she can be removed for cause and by vote of two-thirds of the members of each house of the Legislature.

Sablan, the current public auditor, will step down on July 22, 2008 to pursue a private sector job. Sablan has served as the CNMI public auditor for over seven years. He was appointed to his first term as public auditor in 2000 by then Gov. Pedro P. Tenorio. In December 2006, Fitial reappointed him for another six-year term.

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