The Fitial administration fired Peter-Palican, an appointee of the previous governor, after it assumed office in 2006.
In addition to paying monetary judgment, Senior Judge John C. Coughenour ordered the CNMI government to appoint or hire Peter-Palican within 30 days of its judgment to a commonwealth government position at a salary equal to or greater than what she had as special assistant for women’s affairs.
The court said she will be awarded the full panoply of rights, and concomitant responsibilities, she previously enjoyed as special assistant, including annual leave and sick leave benefits, health and life insurance benefits, and participation in the Retirement Fund.
The federal court directed the CNMI government to pay Peter-Palican:
• $176,787.65 for lost salary from April 15, 2006 through May 19, 2010
• $17,695.19, representing monetary value of untaken, accumulated annual leave
• $1,495.44 for lost annual leave
• $20,071.60 for lost retirement plan contribution that she was compelled to withdraw from the Retirement Fund during her period of unemployment.
Coughenour also ordered the payment of “a reasonable hourly rate for an attorney of Mr. [Douglas] Cushnie’s experience and reputation is $225 per hour.”
Cushnie is Peter-Palican’s lawyer.
From the submitted attorney’s fee amounting to $39,375, representing 157.5 hours, Coughenour slashed it to $29,407.50, or 130.7 hours, at $225 per hour rate.
“[Peter-Palican] prevailed on her main claim and the hours expended are reasonable in relation to the level of success she achieved,” Coughenour ruled.
The court also awarded the plaintiff $450 in costs.
