NINE former firefighters are requesting the Superior Court to issue an order directing former Secretary of Finance David DLG Atalig to approve and disburse $5,000 in premium pay to each of them.
Paul T. Acebedo, Jose K. Angui, Allen T. Calvo, Cain C. Castro, Argernon A. Flores, Derek B. Gersonde, Shawn DLR Kaipat, Philip Kalen, and Adam J. Safer, through attorney Joseph Horey, filed a complaint of injunctive relief.
They named Atalig, in his official capacity as secretary of Finance, as defendant.
The complaint is alleging denial of equal protection of the laws, and deprivation of civil rights under the U.S. Constitution.
According to the lawsuit, on or about Dec. 29, 2021, Gov. Ralph DLG Torres announced that the Department of Finance would release $5,000 premium pay for each CNMI government employee who had worked at least 40 hours to directly mitigate the Covid-19 pandemic.
As Department of Fire and Emergency Medical Services employees, the plaintiffs said they had worked at least 40 hours to directly mitigate the Covid-19 pandemic.
Each of the plaintiffs filled out, and submitted to the Department of Finance, their respective applications for premium pay, their lawsuit added.
“Although each of the plaintiffs met all the qualifications for premium pay in the amount of $5,000, defendant approved premium pay for each of them in the amount of $1,000, rather than the full $5,000,” the lawsuit stated.
“Upon information and belief, the reason that plaintiffs were paid less than full premium pay was that they had been terminated from their government employment on or about May 21, 2021, after they had already performed the amount of direct pandemic mitigation work required to qualify for full premium payment,” the lawsuit stated.
The ex-firefighters were terminated because of their refusal to get the Covid-19 vaccine. They have filed a separate and pending lawsuit to request the court to reinstate them as firefighters.
On Dec. 21, 2022, Associate Judge Wesley Bogdan recused himself from handling the case, saying he is personally acquainted with two of the plaintiffs.
Atalig, for his part, has tendered his courtesy resignation as Finance secretary. Finance Administrative Services Director Margaret Bertha C. Torres is now the acting department head.
