There is no express requirement in stipulated order 1 that requires that the Commonwealth Utilities Corp. to submit names to the U.S. Environmental Protection Agency for vetting of the executive director\u2019s position, according to CUC counsel James S. Sirok.<\/p>\n
CUC understands that SO1 positions require certain qualifications, Sirok said, and EPA and the U.S. can object if they feel that the person hired by CUC does not meet the qualification requirements.<\/p>\n
\u201cIt is for this reason CUC had decided to pass names through EPA first before hiring, rather than after hiring,\u201d Sirok said in documents filed in the U.S. District Court for the NMI on Wednesday.<\/p>\n
CUC had asked the court to waive certain qualification requirements in order to allow acting CUC executive director Gary Camacho to become the executive director. The U.S. government opposes the request.<\/p>\n
Bradley R. O\u2019Brien, senior trial attorney of the Department of Justice Environmental Enforcement Section, had said that CUC\u2019s request was done without meeting and conferring with the U.S.<\/p>\n
O\u2019Brien added that CUC failed to respect court resources and follow basic requirements by not submitting Camacho\u2019s candidacy to EPA.<\/p>\n
The position has been vacant since July 2015 when the CUC board of directors declined to extend the contract of then executive director Alan Fletcher.<\/p>\n
O\u2019Brien disclosed that last Jan. 11, CUC contacted the U.S. via e-mail requesting EPA\u2019s advice regarding Camacho being appointed to the executive director position \u201cnotwithstanding\u201d the qualification requirements.<\/p>\n
O\u2019Brien said CUC\u2019s informal inquiry did not describe Camacho\u2019s qualifications and did not follow the vetting process.<\/p>\n
O\u2019Brien said the U.S. responded to the email last Jan. 13, stating that if CUC would like Camacho to be considered for the position, the utilities agency should follow the process and information requirements.<\/p>\n
\u201cIt is important that all candidates are treated fairly and equally,\u201d the U.S. told CUC.<\/p>\n
O\u2019Brien said CUC thanked the U.S. for its \u201cimmediate attention\u201d to the e-mail, but CUC then filed last Feb. 1 the motion to waive the requirements.<\/p>\n
In CUC\u2019s objection filed on Wednesday, Sirok said it is common knowledge within EPA and CUC that Camacho does not qualify for the position and it would have been inappropriate to transmit Camacho\u2019s name for vetting, knowing he is not qualified.<\/p>\n
The process would have done nothing, Sirok said, except to allow EPA and the U.S. to obtain another criticism for CUC to be stored away for use later, so it would complain that CUC was not following the provisions and requirements.<\/p>\n","protected":false},"excerpt":{"rendered":"
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