Rep. Babauta urges AG to ‘recover illegal OT payments’

REPRESENTATIVE Celina Babauta is asking Attorney General Edward Manibusan to “commence” with the collection of the 2.5 overtime pay that she said was illegally paid to cabinet members in the aftermath of Super Typhoon Yutu over two years ago.

The chairwoman of the House Committee on Judiciary and Governmental Operations, Babauta cited the legal opinion that the AG issued in January 2020 stating that “as to the extra payment for typhoon emergency work, cabinet members are not covered under any [of the foregoing] regulations.”

The AG said the Office of Public Auditor should review the payroll records of the emergency work compensation to ensure that government employees were paid according to applicable law.

Babauta also cited the statement Finance Secretary David DLG Atalig made in a meeting with House members on Feb. 23, 2021 that $8 million in OT pay “was deemed non-reimbursable by the Federal Emergency Management Agency,” due to “the unlawful overtime pay for the appointed excepted service employees.”

A list from the Office of Management and Budget showed that cabinet members and 1,747 government employees on Saipan, Tinian and Rota received a 2.5 OT pay, and that cabinet members received the highest OT pay.

Babauta also quoted Atalig as saying that “he will do nothing unless instructed by the AG’s office and OPA” to collect “unauthorized payments.”

Babauta is asking the AG to join OPA in mandating the Finance secretary “to initiate collection efforts to recover the unauthorized payments.”

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