HAGÅTÑA (The Guam Daily Post) — Performance,” not “politics,” that was the Leon Guerrero-Tenorio administration’s justification for retroactive pay raises to certain Cabinet officials, but, according to Sen. Frank Blas Jr., they’re illegal – an assessment Gov. Lou Leon Guerrero has yet to chime in on.
Lester Carlson
The area of contention is the retroactive application that was part of the pay raises given to high-ranking officials including Department of Administration Director Edward Birn and Bureau of Budget and Management Research Director Lester Carlson.
The Post obtained copies of the Request for Personnel Actions relative to the pay adjustments Birn and Carlson received. The documents show both the DOA and BBMR directors made $49.23 an hour and received a $9.36 raise in hourly wage, bumping them up from $102,407 a year to $121,874.68.
The requested personnel actions didn’t just give raises, but also showed step increases for both directors.
The personnel actions were requested on Feb. 24, and were to be retroactively applied to Jan. 1.
This is where Sen. Blas said the violation of local law, which prohibits retroactive pay raises, occurred, the senator said in a letter to Leon Guerrero sent late Thursday afternoon.
The prohibition of retroactive raises includes any classified or unclassified employee of GovGuam who “receives an increase in pay resulting from step increase, pay range increase, promotion or any other cause.” These increases cannot be retroactive from the date of authorization, unless specified by law.
“While I acknowledge that Guam law gives you the authority to establish positions as may be necessary for the operation of the Office of the Governor and to set the salaries for positions for which salaries are not set by law, the application of retroactive pay is explicitly prohibited,” Blas told the governor in his letter.
Similar raises repaid
This is not the first time the issue of retroactive pay raises to government officials has come up. Under the administration of former Gov. Eddie Calvo, the Office of Public Accountability determined that despite the administration’s justification, the retroactive pay was illegal.
Blas, who said he was aware of at least seven employees who were given illegal retroactive pay raises, pointed out in his letter to the governor, that the funds may need to be paid back, as they were under the previous governor.
Edward Birn
“The employees were directed to pay back what they received retroactively. The report referenced an opinion provided by the attorney general of Guam that stated that salary adjustments that had retroactive compensation was in violation of Guam’s anti-retroactive payment statutes. The AG further opined that the matter could only be resolved through repayment of the retroactive pay adjustment by each employee,” Blas wrote.
He asked the governor to remedy the “impropriety and ensure that any other or future raises follow statutes.”
‘Results speak louder than rhetoric’
Krystal Paco-San Agustin, the governor’s communications director, told the Post a statement addressing the senator’s letter and claims contained would not be available as of press time Friday.
Leon Guerrero has defended the pay raises, on the basis of the performance of the special assistants and Cabinet officials. On Wednesday, her office said in a media release, “results speak louder than rhetoric.”
Adelup additionally has stated other administrations and Legislatures have awarded raises to unclassified employees, but the difference, according to the governor’s office, is that Leon Guerrero is giving raises at a time of “unprecedented fiscal strength” within the government of Guam.
“The difference is Gov. Leon Guerrero also adopted a General Pay Plan to ensure that employees across the board get the pay that they deserve – pay that is warranted by results,” Adelup stated.
Pay raises at the governor’s office amounted to $15,484 per pay period, or about $402,584 for the full year, and were effective from Jan. 1 to Sept. 30.
