ATTORNEY General Edward Manibusan, in response to a media inquiry, said the outcome of the Office of the AG’s lawsuit against Department of Public Safety Commissioner Robert A. Guerrero may determine the case against cabinet members “who are similarly situated.”
Recently, Guerrero, through attorney Matthew Gregory — not Holley as earlier reported — filed a motion to dismiss the lawsuit of Manibusan who alleged that Guerrero received excessive typhoon overtime pay.
But Gregory said the complaint is time barred.
“We received the motion to dismiss on Tuesday,” Manibusan said. “We will file our response in due time,” he added.
In his complaint for declaratory judgment and recovery relief, the AG seeks an order from the Superior Court stating that certain typhoon emergency pay to the DPS commissioner is illegal and should be returned.
The AG wants the court to issue a judgment declaring that the personnel regulations authorizing payment of typhoon emergency premium pay, overtime, and extra pay do not apply to gubernatorial appointees.
Manibusan also asked the court to declare that the director of personnel and the CNMI 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 $46,982.96 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.
“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 AG’s lawsuit added.
Edward Manibusan
