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The National Broadcasting and Telecommunications Commission's (NBTC) recruitment process for a secretary-general risks being invalid or scrapped as the process has yet to obtain formal approval from its board to start the recruitment, said a commissioner who requested anonymity.
The source is also doubtful as to whether the recruitment would be able to easily win approval from the majority of the board, which now has a full quorum of seven members, as many commissioners might not formally agree to endorse the recruitment.
The NBTC opened the application period for the post from March 20 until April 7.
Previously, NBTC chairman Dr Sarana Boonbaichaiyapruck said he expected the recruitment process to be finished by April.
Dr Sarana continues to insist that his selection method for a new secretary-general complies with his authority and responsibility under the NBTC's laws.
The chairman will choose the secretary-general and propose the name to other NBTC commissioners for approval. Some commissioners are doubtful that his selection method complies with the NBTC's related laws and regulations.
Dr Sarana cited Section 61 of the NBTC Act, which stipulates that the chairperson, with the consent of the NBTC board, shall appoint the secretary-general.
Earlier Dr Sarana said the secretary-general would have to work closely with him, so it would not be practical if the commissioners jointly selected a secretary-general without his approval of that person.
The NBTC chairman directed management to start the recruitment process following the NBTC board meeting on March 7.
On March 7, the board held the meeting to prepare an agenda for the selection of the secretary-general.
At the meeting the NBTC's management proposed only a draft of candidate qualifications for the board's consideration. The selection method was also separately proposed, but only for their acknowledgement.
The move surprised some commissioners as they believed they had convened to consider both the candidates' qualifications and the selection procedure together.
At the meeting, three out of six commissioners on that day -- NBTC chairman Dr Sarana, Pol Gen Nathathorn Prousoontorn, and Torpong Selanon -- voted in favour of considering only the draft of candidates' qualifications, instead of both qualifications and the selection method together.
The other three commissioners reserved the right not to vote on the matter. They were AM Thanapant Raicharoen, Pirongrong Ramasoota and Suphat Suphachalasai.
Finally, Dr Sarana exercised his power as chairman to cast another vote, resulting in a 4-3 resolution on the issue.
The source added that, by legal practice, the NBTC board has to give official final approval to the resolution of the March 7 meeting before starting the recruitment process.
On March 29, the NBTC board had an agenda for making an official final approval of the March 7 resolution.
The board meeting on March 29 had seven commissioners as the name of Sompop Purivigraipong was just published in the Royal Gazette, making him the seventh. Mr Sompob joined the NBTC board's meeting for the first time on March 29.
However, the source said the meeting did not call for voting to approve the resolution on March 7.
The source added that if the board calls for voting to approve the March 7 resolution at the next meeting, it was hard to predict that the majority of the commissioners would support the resolution. If there was not enough support, that would make the existing recruitment process at risk of being scrapped, the source added.