ATTORNEY General Edward Manibusan has filed a lawsuit in Superior Court against former Department of Community and Cultural Affairs Secretary Robert H. Hunter over the “excessive” typhoon overtime pay that the former official received.
In his complaint for declaratory judgment and recovery relief, Manibusan said he brought the lawsuit “on behalf of the people of the Commonwealth, who are harmed and have been harmed by the excessive compensation of defendant…, a Commonwealth government employee who was not entitled to typhoon emergency premium compensation, overtime, or extra pay for work performed during the declared major disaster and state of significant emergency relating to Super Typhoon Yutu, or for work directly involved with typhoon recovery and repair work and providing assistance to those members of the Commonwealth adversely affected by Super Typhoon Yutu.”
The AG asked the court to issue a judgment declaring that personnel regulations authorizing payment of typhoon emergency premium pay, overtime, and extra pay do not apply to gubernatorial appointees.
Manibusan said the court should “declare in a judgment that the Director of Personnel and Governor lack the authority to authorize additional compensation except as provided by law; and that compensation in excess of the salary ceiling cannot be authorized except as provided by law.”
The AG is asking the court for a judgment of $17,147.90 for recovery of “unlawful typhoon premium payments, overtime payments, or extra payments not authorized by law, without valid appropriation, and in excess of the salary ceiling, including pre-judgment and post-judgment interest, and the costs of the lawsuit.”
Hunter served as DCCA secretary from March 14, 2016 to Dec. 26, 2020 with an annual salary of $54,000.
According to the complaint, on Oct. 23, 2018, prior to the landfall of Super Typhoon Yutu, Gov. Ralph DLG Torres issued Executive Order 2018-15 declaring a state of emergency for the CNMI and ordering the activation of the State Catastrophic Plan.
On Oct. 24 and 25, 2018, Super Typhoon Yutu made landfall, bringing widespread devastation to Saipan and Tinian.
On Oct. 27, 2018, the governor issued Amended Executive Order No. 2018-16, which issued a Declaration of Major Disaster and Significant Emergency retroactive to Oct. 25, 2018 and invoked his emergency authority under the CNMI Constitution.
This declaration was subsequently renewed on Nov. 24, 2018 for 30 days by acting Gov. Victor B. Hocog’s issuance of Executive Order 2018-23, and on Dec. 24, 2018 by his issuance of Executive Order 2018-27.
On Nov. 2, 2018, Director of Office of Personnel Management Isidro K. Seman issued a memorandum to all department and activity heads authorizing administrative leave and typhoon emergency premium pay.
On Nov. 16, 2018, the governor issued Directive No. 2018-003 “authorizing continued special compensation at the rate of 2.5 times the base hourly rate for those government employees engaged in work directly related to the Commonwealth’s recovery efforts.” The effective date of the directive was retroactive to Oct. 25, 2018. It also extended the initial period of authorization for the special rate to 30 days with a possible extension of another 30 days.
The directive noted that the premium pay would be applicable to “both civil service and excepted service” employees, “but is limited to those work hours directly involved with typhoon recovery and repair work and with providing assistance to those members of our community adversely affected by the typhoon.”
On Jan. 24, 2019, the governor issued Directive 2019-001 authorizing “special compensation at the rate of 2.5 times the base hourly rate of pay for those government employees engaged in work directly related to the Commonwealth’s typhoon response and recovery efforts for the period of November 25, 2018 through January 23, 2019.”
According to the lawsuit, Hunter received typhoon emergency premium pay on the following occasions:
• On Dec. 19, 2018, he received gross wages in the amount of $3,777.47 as typhoon emergency premium pay.
• On Dec. 21, 2018, he received gross wages in the amount of $5,536.40 as typhoon emergency premium pay.
• On Dec. 29, 2018, he received gross wages in the amount of $1,363.00 as typhoon emergency premium pay.
• On Dec. 31, 2018, he received gross wages in the amount of $3,959.21 as typhoon emergency premium pay.
• On Nov. 1, 2019, he received gross wages in the amount of $2,511.82 as typhoon emergency premium pay.
Hunter’s typhoon emergency premium pay was paid at a rate of 2.5 times defendant’s base salary, the lawsuit stated.
The defendant “received typhoon premium pay in the total gross amount of $17,147.90, with $14,636.08 being paid in Fiscal Year 2019 and $2,511.82 paid in Fiscal Year 2020; however, all pay was for work performed during Fiscal Year 2019 from October 23, 2018 through January 23, 2019,” the complaint added.
“Other Commonwealth employees, including but not limited to other gubernatorial appointees, also received typhoon premium pay for work performed during the period from October 23, 2018 through January 23, 2019, and therefore are similarly situated to defendant,” the lawsuit added.
The AG’s office earlier filed a similar complaint against Department of Public Safety Commissioner Robert Guerrero. In June 2022, he admitted owing the CNMI government $46,982.96, but denied the Office of the AG’s “entitlement to prejudgment interest and any other relief.”
The court, for its part, noted that the AG’s complaint does not allege any wrongdoing on the commissioner’s part “other than being a passive recipient of compensation beyond what he was allegedly entitled to.”
