THE House Committee on Ways and Means is wondering why Health Secretary James U. Hofschneider’s personnel action has not been processed more than a month after his nomination was confirmed by the Senate.
In a June 20 letter, Committee Chairman Stanley T. Torres asked Gov. Juan N. Babauta why Hofschneider’s personnel action had not been completed while that of Finance Secretary Frankie B. Villanueva had already been processed.
Torres surmised that the salary cap is a factor in the delay of Hofschneider’s personnel action.
“Is there a reason that Dr. Hofschneider’s personnel action has not been completed? Is there a problem? Could it be a question of the salary cap as required by Public law 9-25?” Torres asked the governor.
He told Babauta that after his committee’s “careful review” of the law, Hofschneider “should have reverted to the salary (level) required under P.L. 9-25.”
However, Torres said Hofschneider “is still receiving his old salary as a physician.” Hosfchneider declined to comment on the issue. He said he needed time to go over Torres’s letter to the governor which was also provided to him.
Juan I. Tenorio, director of the Office of Personnel Management, was unavailable for comment.
Torres said based on the payroll records from the Department of Finance, Hofschneider is receiving an annual salary of $140,0733.44. But based on section 513 of P.L. 9-25, the salary ceiling for a secretary of health who is a doctor of medicine should not exceed $80,000.
This, according to Torres, should be applied to Hofschneider’s salary. He said the secretary should have realized that his salary should be cut at such level prescribed by law.
“Since his current position requires him to be a manager and an administrator, he should have been aware that he would not be practicing his vocation as physician and therefore (his salary should be reduced),” Torres said.
“In all practicality, Dr. Hofschneider should have realized that the CNMI does suffer from an actual shortage of physicians—while such is not lacking in the field of management,” Torres said.
If there are obstacles in the delay of the secretary’s personnel action, Torres requested Babauta “to express them so we may address them.”
“As public servants, we have an obligation to the people who have placed their trust on us,” Torres further told the governor.
The lawmaker saw the need for Attorney General Robert T. Torres “to thoroughly review” the matter. And if (the) case warrants that Dr. Hofschneider revert back to the salary as prescribed by P.L. 9-25, then he should make the necessary arrangements to reimburse the CNMI.”


