“I DID not transfer Mr. [Jose C.] Mafnas based on any political reason or animus,” Secretary of Finance David DLG Atalig said in a declaration filed in federal court.
Atalig filed the declaration in response to Mafnas’s motion for a temporary restraining order and preliminary injunction which was granted by Chief Judge Ramona V. Manglona of the District Court for the NMI on Aug. 2.
The TRO prevented Atalig from reassigning Mafnas, a civil service employee, from his position as Customs and Biosecurity director to a new division in the Department of Commerce.
Atalig said he had been in discussion with the Department of Commerce Secretary Edward Deleon Guerrero regarding the creation of a Division of Export, Importation and Public Outreach since they met with the governor on April 7, 2022, to discuss the initiative.
“The Department of Commerce had requested a budget of approximately $500,000 to create a plan to implement the new division as well as rules and regulations for its operation and to fund its operation,” Atalig said.
During these discussions, he added, “no person ever suggested or asked that I select Mr. Mafnas to participate in the creation of this division or to head it.”
Atalig said he “decided that Mr. Mafnas was the best candidate to assist Commerce in setting up the rules and regulations to govern the new division for six months.”
In April 2022, Atalig said he requested Margaret Bertha Torres, Department of Finance director of administrative services, to determine the process for transferring Mafnas to a new division under Commerce.
“At this time, I was not aware that Mr. Mafnas was supporting [the independent gubernatorial ticket of] Arnold Palacios and Dave Apatang for the 2022 election and I never took this into consideration in making my decision,” Atalig said.
“I was advised that the transfer and reassignment of Mr. Mafnas was allowed under the Personnel Service System Rules and Regulations,” Atalig added.
He also noted that Mafnas “has not filed any informal or formal grievance since I have been at the Department of Finance.”
On July 21, 2022, Atalig informed Mafnas that he was being transferred to the Department of Commerce, as the new director of export, importation and public outreach, effective the following day.
“My memorandum of July 21 explained that ‘With this transfer, you will not experience any loss in your employment rights or benefits. Your Civil Service Status has not, and will not change, nor will you have a reduction in pay or benefits during this period.’
“I had hoped Mr. Mafnas would be excited to assist in the creation of this new division,” Atalig said.
He said Mafnas had requested annual leave and was approved for the following dates: July 22, and July 29 – Aug. 7, 2022.
Mafnas was also approved for off-island travel from July 25 to 30, Atalig said.
“I issued the memorandum to Mr. Mafnas on July 21, because I wanted to have an interim director in place while I was off-island,” Atalig added. “I did not have any communication with Mr. William Castro regarding Mr. Mafnas prior to his transfer.” Castro is the governor’s chief of staff.
On July 21, 2022, Atalig said he asked Lalita Lynn Duenas to deliver the memorandum to Mafnas at around 2 p.m.
According to Mafnas, after she delivered the notice, Duenas “advised me that Mafnas was upset…and that he threatened to sue me,” Atalig said.
“I had a scheduled meeting on July 21 that I had to attend at 2 p.m. Mr. Mafnas attempted to call me on my cell phone at just after 2 p.m. I responded at 2:36 p.m. by text that I would return his call when I was done in my meeting, and did in fact intend to return his call,” Atalig said.
“Before I could return his call, I was advised after 3 p.m. that Mr. Mafnas had called for a press conference. I did not return Mr. Mafnas’s call after that time,” Atalig said.
Represented by attorney Charity Hodson, Mafnas has filed a complaint in federal court and named as defendants William M. Castro, in his personal capacity and in his official capacity as the governor’s chief of staff; Atalig, in his personal capacity and in his official capacity as secretary of Finance; and the CNMI government.
Mafnas asked the federal court to, among other things, prevent Atalig from removing Mafnas from his position as Customs director “or to otherwise reinstate [him] pending a decision on the merits” of his complaint.
Mafnas is also seeking reasonable attorney’s fees and costs, compensatory damages, punitive damages, damages in an amount to be determined according to proof, and for such other relief as the court believes justice requires.
Castro’s declaration
In his declaration filed in court, William Castro, the governor’s chief staff, stated that his job does not include direct communication with heads of executive agencies regarding duties assigned to them.
“I do not have the authority to advise heads of executive agencies regarding civil service employment. I did not advise any heads of executive agencies regarding civil service employment,” Castro said.
“On Sunday May 22, I responded to a WhatsApp message from Mr. Mafnas, and asked if anything needed to be resolved. We arranged to meet at a later date, but that did not occur,” Castro said.
Atalig, Castro, and the CNMI Government were represented by Assistant Attorney General Leslie Healer.
“Plaintiff is not entitled to a temporary restraining order or preliminary injunction because plaintiff has made no showing that he is likely to succeed on the merits of the alleged violations of his constitutional rights,” Healer said.
“Plaintiff’s contention that his constitutional rights of due process and freedom of speech and assembly were violated is not supported by the evidence,” Healer added.
“The evidence instead shows that plaintiff received a memorandum on July 21, 2022, informing him of a reassignment. [The Department of Finance] did not deprive plaintiff of due process, because DOF followed proper procedures to effectuate that reassignment. In addition, DOF did not deprive plaintiff of his right to freedom of speech because there is no evidence that plaintiff’s reassignment was politically motivated,” Healer said.
The TRO issued by Judge Manglona on Aug. 2 will expire on August 16 at 8:30 a.m. She has scheduled a hearing for Aug. 15 at 1:30 p.m.
David DLG Atalig
