CHIEF Judge Ramona V. Manglona of the District Court for the NMI has granted the request of Jose C. Mafnas for a temporary restraining order, prohibiting Secretary of Finance David DLG Atalig from reassigning Mafnas from his position as Customs and Biosecurity director to the CNMI Department of Commerce.
Judge Manglona issued the TRO on Aug. 2 at 8:30 a.m. with an expiration date and time of Aug. 16 at 8:30 a.m.
The judge ordered Atalig “from effecting his July 21, 2022, Memorandum purporting to reassign Mafnas to a position within the CNMI Department of Commerce.”
The judge also ordered Atalig to maintain “the status quo as it was before the pending controversy, with plaintiff employed as the Director of Customs and Biosecurity under the Department of Finance until such time that the Court has held a hearing on and decided on the motion for preliminary injunction pursuant to Rule 65(a) of the Federal Rules of Civil Procedure.”
The court will hold a hearing on Aug 15 at 1:30 p.m. and the defendants — Atalig, the governor’s chief of staff Wil Castro and the CNMI government — are ordered to show cause why a preliminary injunction should not be issued against them.
In her order, Judge Manglona notified the defendants that any action by them in violation of the TRO may be considered and prosecuted as contempt of court.
“Defendants are hereby notified that failure to attend the preliminary injunction hearing scheduled herein shall result in the immediate issuance of the preliminary injunction, which shall take effect immediately upon the expiration or dissolution of the TRO herein and shall extend during the pendency of this action,” the order stated.
The judge ordered the defendants to respond by Aug. 8 at 5 p.m. while the plaintiff’s reply, if any, is due no later than Aug. 11 at 12 noon.
Likewise, Judge Manglona ordered Mafnas to post security in the amount of $500 no later than Aug. 3 at 12:00 p.m.
Represented by attorney Charity Hodson, 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.
According to Mafnas, the “actions of the defendants in blatantly violating the U.S. and CNMI Constitutions, as well as other CNMI law and regulations, cannot be tolerated.”
“Our democracy ensures that every person has the right and freedom of thought and to possess a political opinion without oppression and reprisal from the very government that should be protecting these precious freedoms,” his complaint added. “The actions of the Government in this case send a ringing message of repression and retaliation to others similarly situated to plaintiff who asserts the rights guaranteed to them by our Constitution. Plaintiff respectfully asks that a message instead be sent by this court that the laws of our Commonwealth and the rights set forth in the U.S. and NMI Constitutions will be respected, upheld, and enforced. Plaintiff asks that this court send a message that public employees willing to blow the whistle will find immediate relief.”
Mafnas is a supporter of the independent gubernatorial ticket of Lt. Gov. Arnold I. Palacios and his running mate, Saipan Mayor David M. Apatang.
On July 21, 2022, the secretary of Finance informed Mafnas, a civil service employee, that he was being transferred to the Department of Commerce, as the new director of export, importation and public outreach, effective the following day.
According to Mafnas, the position is not designated under the civil service.
He filed a civil lawsuit in Superior Court on July 24, 2022, but voluntarily dismissed it without prejudice three days later.
On the same day, his lawyer filed the complaint in federal court and included Castro among the defendants.
Following the granting of the TRO on Tuesday morning, Mafnas’s attorney, Charity Hodson, issued the following statement: “This is just the beginning. But we are sincerely grateful that the Court understood the emergency nature of the relief requested by Mr. Mafnas and the constitutional magnitude of what is at stake, right now. It is a good day for the recognition of fundamental rights.”
