GOVERNOR Juan N. Babauta has vetoed Senate Bill 13-13, or the CIP Administration Improvements Act of 2002,” introduced by Senate President Paul A. Manglona, R-Rota.
Babauta said the measure contains a provision that “required him to disapprove it” due to some constitutional problems.
“The bill, like its predecessor S.B. 11-136, provides the secretary of public works the power to exceed the employment ceilings established in the annual appropriations act. S.B. 13-13 does not limit this authority by allowing employment of individuals above the ceiling only if it is for a limited term. However, this limiting language does not pass constitutional muster,” the governor said in his veto message to the Legislature.
Babauta said under Article 10, section 7 of the CNMI Constitution, the Legislature is mandated to establish a ceiling on the number of persons that may be employed by each branch, department, agency, authority and public corporation.
“It goes on to provide that except for specific approval by joint resolution of the Legislature, no public funds may be expended for personnel in excess of the ceiling established,” Babauta added.
The governor advised the Legislature to add a provision in the bill that would provide a ceiling on the number of employees that may be hired, or a requirement for a joint resolution prior to exceeding the ceiling.
“Without such changes, it is improper delegation of authority, as that responsibility is specifically reserved to the Legislature,” Babauta said.
He said CIP funds should also not be expended for government operational needs.
