Vol. 34 No.249
       ©2007 Marianas Variety
Friday, March 2, 2007 www.mvariety.com
Serving the CNMI for 34 years
 

© 2007 Marianas Variety
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The standoff

IT appears that we have the makings of a standoff between the attorney general and the governor on the ‘net payroll’ scam. George Bamba’s assurance that “There’ll be no payless paydays on our watch” made no reference to the elective deductions unpaid for the past several pay periods.
The acting governor exercised his ‘Organic Act powers’ to direct that checks be issued, but what about the voluntary payroll deductions, also part of due compensation?
The governor has no authority to violate the law in exercising his Organic Act powers – quite the contrary. The Act specifically requires that he obey all federal and territorial law. Others have been indicted for precisely the kind of action that the acting governor has authorized—the diversion for other purposes of payroll deductions to which employees are entitled.
Superintendent Reyes decided to follow the executive order, but at great personal peril: the attorney general isn’t buying his Nuremberg (“I was only following orders”) Defense. It is patently illegal to follow an order that is itself illegal. Further developments on this issue should clarify for us where the new AG stands: with those who avoid confrontation at all costs, or with the people who elected her.

DAVE DAVIS
Yigo, Guam.