FORMER Department of Commerce Secretary Mark Rabauliman will pay the CNMI government $2,002.32 to satisfy the judgment against him and resolve the complaint filed by Attorney General Edward Manibusan for the recovery of unlawful typhoon premium pay.
Superior Court Presiding Judge Roberto C. Naraja has approved the stipulation between the AG and Rabauliman for an entry of judgment.
Rabauliman, in the stipulation, admits the allegations in the complaint and has not disputed the AG’s interpretation of the law.
Judge Naraja in his order stated: “With respect to plaintiff’s first cause of action, the Civil Service Commission’s Personnel Service System Rules and Regulations, including NMIAC § 10-20.2-350(d), do not authorize the payment of typhoon emergency premium pay to persons exempted from the Civil Service Commission’s Personnel Service System Rules and Regulations by NMIAC § 10-20.2-010(a), including gubernatorial appointees; that the Civil Service Commission’s Excepted Service Regulations, including NMIAC §§ 10-10-005(e)-(f) and 10-10-005(g), do not authorize the payment of overtime or extra payment(s) to persons not subject to the Civil Service Commission’s Excepted Service Regulations, including gubernatorial appointees; and that the Office of Personnel Management’s Excepted Service Regulations, including NMIAC §§ 120- 10-005(e)-(f) and 120-10-005(g), do not authorize the payment of overtime or extra payment to persons not subject to the Office of Personnel Management’s Excepted Service Regulations, including gubernatorial appointees; and that there is no Commonwealth law providing for typhoon emergency premium pay, overtime, or extra payment for persons exempted from the civil service system and not subject to the excepted service personnel regulations, including gubernatorial appointees.
“With respect to plaintiff’s second cause of action, the Director of Personnel lacks the authority to expand the application of the civil service regulations (including the regulations authorizing typhoon emergency premium pay, overtime, and extra pay) to all government employees, including gubernatorial appointees; that the Director of Personnel lacks the authority to approve compensation to government employees, including gubernatorial appointees, in addition to that allowed by law; and that the Governor’s emergency powers do not authorize the Governor to suspend the application of statutes, including but not limited to provisions of the Planning and Budgeting Act and the annual appropriation statutes for each fiscal year.
“With respect to plaintiff’s third cause of action, any authorization of compensation exceeding the applicable salary ceiling that does not qualify for an exception and that is without a certified waiver is contrary to law.
“With respect to plaintiff’s fourth cause of action, the $2,002.32 compensation paid to Defendant in excess of his salary for which there was no Commonwealth law authorizing typhoon emergency premium pay, overtime, or extra payment was not lawfully paid as typhoon emergency premium pay, overtime, or extra payment.
“With respect to plaintiff’s fifth cause of action, the compensation paid to Defendant in excess of his salary for which there was no valid appropriation of funding exceeded the authority of the Director of Personnel and the Governor.
“With respect to Plaintiff’s sixth cause of action, the compensation paid to Defendant in excess of the salary established by 1 CMC § 8245(a) is contrary to law and exceeded the authority of the Director and the Governor.”
According to Judge Naraja, the AG is also entitled to post-judgment interest at the statutory rate of 9% per annum beginning on the date judgment is entered.
The judge said, “Defendant shall remit to the Commonwealth Treasury a minimum of one-hundred dollars per month beginning on the first day of the month after the entry of final judgment in this case. All payments must be received by the Commonwealth Treasury by the first day of each month in order to be considered timely.”
If Rabauliman finds new employment, “he shall notify the AG within thirty days of the effective date of any such employment,” the judge added.
For his part, “Plaintiff may move the Court to increase the amount of defendant’s minimum payment to an amount commensurate with defendant’s change in income,” the judge said.
“Further, upon any failure by defendant to timely make any payment when due, plaintiff may accelerate the entire remaining balance by providing notice to defendant that the entire remaining balance is due within thirty days of such notice.”
The court will retain jurisdiction in the enforcement of the issued final judgment.
Rabauliman was the Commerce secretary from Jan. 20, 2015 to March 26, 2021.
According to the AG’s complaint, Rabauliman received a total of $2,002.03 in “unlawful typhoon payment.”
The AG has also sued other former cabinet officials for receiving typhoon overtime pay.
