Joey Daluz won’t budge as MCWD chairman, dramatizing protection of appointees against City Hall appointer.

AS CEBU CITY BRACES FOR ANOTHER WATER CRISIS

ATTY. Jose Daluz III has drawn controversy again, though not entirely his fault. Cebu City Mayor Mike Rama, through his two top assistants, announced Thursday, May 18, 2023, he had replaced Daluz as chairman of the water district’s board.

That turned out to have not happened yet. The board did meet on the same day, at about the same hour the press-con announcement was made. But the meeting didn’t take up the question of Daluz’s replacement.

Could the mayor, as appointing authority, change the MCWD board’s chairman? Apparently not. Only the board could do it. That may not stop the mayor though from trying to influence the four directors, who were his appointees, to vote against Joey Daluz.

A prevailing policy of the law regarding local water districts is that directors of the government-owned and -controlled corporation are protected against shifting moods of local politicians. Each director’s term is fixed and he or she cannot be removed except for cause, meaning there must be a complaint and due process. While the City of Cebu, through the mayor, is the appointing authority over MCWD directors, they’re on their own after they’re installed: the board picks its chairman and no one can be removed without the review and approval of the Local Water Utilities Administration (LWUA).

The mayor’s loss of trust or confidence in the chairman may escalate into replacement only if the board votes for it. And a director may be removed before his term only if LWUA approves it after a review. It’s not known if Mayor Rama hasinformed the MCWD board about his decision to replace.