THE Office of the Attorney General, through Chief Solicitor J. Robert Glass Jr., notified the Superior Court on Monday that it had served, through certified mail, former Department of Community and Cultural Affairs Secretary Robert H. Hunter with a complaint for excessive typhoon overtime pay.
According to Glass’s declaration to the court, “On December 14, 2022, I filed a complaint alleging six causes of action that defendant Robert H. Hunter was illegally paid overtime, premium pay, or other payments in excess of the statutory allowances, and that such amounts should be returned to the Commonwealth Treasury.”
Glass said he worked with the AG investigation department in locating Hunter “as he could not be found in the Commonwealth and it was believed he had moved to Tucson, Arizona.”
He said “AGID spoke with family members of Mr. Hunter in Saipan, but were unable to obtain location information for Mr. Hunter. AGID inquired with various Commonwealth government agencies to obtain an address, but could not find a forwarding address. AGID inquired with Tax and Revenue and was able to receive an address in Tucson, Arizona for Mr. Hunter.”
Glass said he also conducted a public database search for Hunter and was able to get an address in Tucson, Arizona that matched with the one provided by CNMI Tax and Revenue.
Glass said he worked with a process server in Tucson, Arizona who unsuccessfully tried to serve Hunter on six different occasions from Jan. 12 to 24, 2023.
Glass said he then sent the summons and complaint to Hunter by certified mail, return receipt requested.
Glass cited 7 CMC § 1104 which states that “[t]he service shall be deemed complete upon delivery of the required papers to the defendant outside the Commonwealth…by mail as provided.” Glass said.
Hunter was duly served on Feb. 21, 2023, in Tucson, Arizona, the chief solicitor added.
In his complaint against Hunter for declaratory judgment and recovery relief, AG Edward 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…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 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 prejudgment and post-judgment interest, and the costs of the lawsuit.
The AG’s office has also filed a similar complaint against other former cabinet department heads.
