FORMER Gov. Ralph DLG Torres is among the former and current officials that the defense will call to the witness stand in the bench trial of the lawsuit filed by former firefighters in federal court.
The bench trial is set for July 8, 2025.
Through attorney Joseph Horey, former firefighters Paul T. Acebedo, Jose K. Angui, Allen T. Calvo, Cain C. Castro, Argernon A. Flores, Derek Gersonde, Shawn DLR Kaipat, Philip M. Kalen, and Adam J. Safer have sued former CNMI Finance Secretary David Atalig in the amount of $100,000 in damages, in his individual capacity, for deprivation of their civil rights.
“Defendant’s actions in approving less than the full $5,000 amount of premium pay for plaintiffs were without rational basis, and deprived plaintiffs of the equal protection of the laws guaranteed to them by the Fourteenth Amendment to the U.S. Constitution, as applicable to the CNMl via the Covenant, and actionable pursuant to 42 U.S.C. § 1983,” the lawsuit stated.
“Defendant’s actions were taken under color of CNMI law,” it added.
Atalig, represented by attorney Keith Chambers, said the former firefighters did not meet all the qualifications for premium pay in the amount of $5,000.
Chambers said the plaintiffs “are unable to show that Mr. Atalig caused, within the meaning of Section 1983, plaintiffs to suffer a constitutional deprivation.”
In addition, he said, Atalig “is protected from civil liability and suit under the doctrine of Qualified Immunity.”
Chambers asked the District Court for the NMI to dismiss the complaint.
He wants the nine plaintiffs to testify on the issues raised in their complaint.
Moreover, Chambers said Atalig, Director for Administrative Services Margaret Bertha Torres, NMI Retirement Fund Manager Velma Palacios Benavente, former senior financial analyst Vinnie Atalig-Hocog, senior financial analyst Thomasa Naraja, and former Governor Torres will be asked “to testify regarding the development of standards for the issuance of premium pay and the amount issued.”
Horey said he will also call Atalig and the nine former firefighters to testify.
Background
According to the lawsuit, on or about Dec. 29, 2021, then-Governor Torres announced that the Department of Finance would release premium pay for CNMI government employees who had worked at least 40 hours to directly mitigate the Covid-19 pandemic.
The announcement stated that CNMI government employees who had worked on the front lines of the pandemic for at least 40 hours in directly mitigating Covid-19, such as providing prevention, response, preparedness, and recovery services, would receive $5,000 in premium pay.
Each of the plaintiffs, as fire department employees, had worked at least 40 hours to directly mitigate the Covid-19 pandemic, their lawsuit stated.
Each of the plaintiffs filled out and submitted to the Department of Finance their respective applications for premium pay, the lawsuit added.
Although each of the plaintiffs met all the qualifications for premium pay in the amount of $5,000, Atalig approved premium pay for each of them in the amount of $1,000 rather than the full $5,000, the lawsuit stated.
It also alleged that Atalig “decided arbitrarily that resigned, terminated, and inactive frontline employees would receive premium pay in the amount of $1,000 only.”
“Plaintiffs, who were no longer employed by the Commonwealth government at the time premium pay was issued, were therefore paid less than full premium pay, notwithstanding the fact that they had already performed the amount of direct pandemic mitigation work required to qualify for full premium payment,” the lawsuit stated.
The former firefighters were terminated because of their refusal to get the Covid-19 vaccine.
The former firefighters filed a similar complaint in Superior Court, as well as a separate, pending lawsuit to reinstate them as firefighters.
