Michael W. Dotts also told the court that DPW and Office of Personnel Management Director Mathilde A. Rosario did not afford Atalig due process which, the lawyer said, is a violation of the Civil Service Act.
Dotts filed a motion on Feb. 20 asking the Superior Court for CNMI to deny the motion of summary judgment filed by Rosario.
Rosario wanted a judgment without a full trial.
Dotts stated that Rosario’s argument for summary judgment was based on then-Gov. Juan Babauta’s Directive 245, dated Nov. 25, 2005, which she said was defective and failed to confer civil service status on Atalig.
However, Dotts added, it is Babauta’s Directive 215 issued on Jan. 31, 2002 “that is truly the issue in this case.”
Directive 215 states that “No employee on a limited term appointment may be converted to civil service permanent status. No new hire may be converted to civil service probationary status.”
Dotts said what Babauta attempted in Directive 215 was to interfere with and inject himself into civil service matters.
The then-governor, he added, did it because “projected revenues for the current fiscal year were $13.6 million less than budgeted expenses.”
Directive 215, which prevented all new employees from obtaining civil service protection. was an austerity measure.
“It was unlawful,” Dotts said. “The governor cannot exclude anyone from coverage under the Civil Service Act, only the Legislature has such authority.”
Atalig was hired by DPW as a public information officer in Sept. 2003 but because of Directive 215, he was denied civil service protection.
In Nov. 2005, the then-governor issued Directive 245, which repealed some provisions of Directive 215.
Dotts said even if Directive 245 was itself defective, it does not save Directive 215.
“Atalig was entitled to the protection of the Civil Service Acts beginning in Sept. 2003 when he was hired to fill a permanent position that falls under the jurisdiction of the Civil Service Commission, and his termination by defendants was unlawful and violated his rights,” Dotts said.
In an interview, Atalig said he wanted to settle the case with the Attorney General’s Office late last year but his request was denied.
Atalig said he believes that the government wrongfully terminated him and he is “very optimistic that the court’s decision will be favorable to me.”
He said his lawyer has told the AG’s Office that if his case will not be settled, a verdict in excess $500,000 is certainly a possibility.
Atalig said the AGO had until Dec. 12, 2008 to settle the case, but did not do so.
According to Dotts, the position of public information officer does not qualify for any of the exemptions set by 1 CMC 8131.
“It is a full time position of employment, available with a number of different agencies. It does not require special credentials, it is not for duration of less than 90 days, and it is not above the level of division director,” Dotts said.
Atalig worked as DPW public information officer from Sept. 2003 to March 6, 2006.
On Jan. 13, 2005, he received a satisfactory performance rating in his evaluation report.
On Dec. 13, 2005, a request for personal action was submitted to convert Atalig from a limited term appointment, a status he had as a result of the then-governor’s Directive 215, to full civil service allowed by Directive 245.
But in Jan. 2006, Dotts said, a new administration was sworn in and the newly elected governor ran on the Covenant Party slate, while Atalig supported the Republican ticket.
On Feb. 15, 2006 Atalig was terminated after Rosario wrote a memo to then-DPW Secretary Jose S. Demapan stating that Atalig should not be granted civil service permanent status.
Dotts said his client was not afforded a hearing before he was terminated.
