GOVERNOR Juan N. Babauta has thanked Civil Service Commission Chairman Vicente M. Sablan for his “thorough review” of the chief executive’s personnel actions.
“Thank you for your letter of March 11, 2002 regarding the (certification of annual salaries in excess of the salary cap). I commend you for your thoroughness in the review of these personnel actions and all others,” Babauta said in his recent letter to Sablan.
Babauta recently lifted the salary cap for some appointees.
Francisco I. Taitano, the governor’s special assistant for customs and quarantine, will receive an annual salary of $60,000 which is $10,000 more than the salary cap for that position.
Celina R. Babauta, the governor’s secretary, will have $45,000, exceeding by $15,000 the salary cap for secretaries.
Juan I. Castro, director of the Division of Environmental Quality, will receive $55,000 or $5,000 more than the salary cap.
The salary of Robert J. Schwalbach, Babauta’s senior policy advisor, was set at $65,000, which is $15,000 more than the salary cap.
According to Sablan, however, the commission has not received certifications for the lifting of the salary caps for these appointees, including Mathilda A. Rosario, the acting personnel director, who will receive an annual salary of $55,000.
Section 8250 of 1 CMC requires the governor to certify to the presiding officers of the Legislature and the CSC chairman that “after a diligent effort, the commonwealth is unable to recruit a professionally or technically qualified person to take an appointed position.” The governor may then waive the salary ceiling established by law for that position.
Sablan informed the governor that in some appointments, such as that of Celina R. Babauta, “there is no any indication” that section 526 of CMC 7204(d) “has been complied with.”
The section mandates that “no person shall be employed to fill a vacant position when a continuing resolution is in effect unless the governor, the presiding officers of the Legislature or the chief justice, as the case maybe, certifies to the governor and Legislature…that the filling of the vacant positions is essential to the delivery of public services and that the continuing appropriations are available for the full personnel costs associated with filling the vacant position.”
Sablan likewise called Babauta’s attention on the certifications of Schwalbach and Taitano’s annual salaries in excess of the $50,000 cap.
The chairman said that the commission found “discrepancies” in the certifications.
For instance, in Schwalbach’s case, Sablan said section 8248 could not be invoked to raise his salary above the cap as stated in Jan. 14 certification letter of the governor to Senate President Paul A. Manglona, R-Rota, and House Speaker Heinz S. Hofschneider, R-Saipan.
Section 8248 states that only medical doctors and dentists, U.S. or commonwealth-licensed engineers and architects and professionals employed by the legislative branch may receive an annual salary in excess of $50,000.
Sablan said that “neither…Schwalbach nor …Taitano appear to be medical doctors, dentists nor licensed engineers and architects.”
After going over Sablan’s letters, the governor admitted that his office may have overlooked some provisions in the law.
“As a new administration, it is to be expected that discrepancies may occur during the processing of so many new personnel actions,” Babauta said.
He also told Sablan that his “patience in this respect is most appreciated as is your vigilance to ensure compliance with all applicable laws.”
Babauta assured Sablan that certifications had already been corrected.
“Thank you for following up on our oversight regarding…section 526. Corrective action is being taken in this and in the certification pursuant to 1 CMC 8250 (c),” Babauta told Sablan.
The governor also said that he looks forward to Sablan’s “continued diligent oversight on personnel issues.” He said this will “guarantee compliance with all applicable laws, rules and regulations.”
But he also told Sablan that since the positions “are exempted from the civil service system, I believe all matters fall within the scope of the Office of the Personnel Management” which is under the Office of the Governor.
