THE question is not whether they worked overtime during the CNMI’s response to Super Typhoon Yutu, but whether cabinet members should have been paid for OT, Gov. Ralph DLG Torres said when asked about the complaint filed by the Office of the Attorney General against Department of Public Safety Commissioner Robert A. Guerrero in Superior Court for excessive typhoon overtime pay.
The governor said it was his former Office of Management and Budget special assistant and authorized representative Virginia C. Villagomez who recommended the OT payments.
“I [had] asked, ‘Can this be done?’ The answer was yes, so we moved forward with it. Everybody…got paid overtime,” Torres said.
Regarding the legal action against the DPS chief, Torres said, “It’s not my position to say whether it is [legal] or not, but at the time that we did [authorize it], I was advised that it was legal, and that’s the reason why we moved forward on giving…those that worked overtime [OT pay].”
He added, “So, the issue here was not whether they worked overtime, because they did work overtime during the disaster. The question is should they be eligible to receive overtime? Now [this matter is with] the court…and I’ll have to respect that process.”
In his complaint against the DPS chief, the AG is seeking a judgment of $46,892.96 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.
The AG likewise noted that “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.”
Guerrero declined to comment.
