BOE delays lawsuit, emergency declaration pending revised budget

By Emmanuel T. Erediano

emmanuel@mvariety.com

Variety News Staff

 

 

THE Public School System is prepared to declare a state of emergency and potentially sue the CNMI government over an anticipated shortfall in the fiscal year 2026 budget. However, during a Board of Education meeting on Wednesday evening, members agreed to delay those actions while awaiting a proposed budget revision that Gov. David M. Apatang said he will send to the Legislature next week.

Board meeting attendees

Present at the meeting were BOE Chairman Kodep Ogumoro-Uludong, Vice Chairman Anthony Dela Cruz Barcinas, board members Antonio L. Borja, Andrew Orsini, Maisie B. Tenorio, Dora B. Miura, John Blanco, and Vinnie Juan Q. Sablan. Also attending were Commissioner of Education Dr. Lawrence F. Camacho and officials from the PSS central office.

Budget allocations

Public Law 24-14, the fiscal year 2026 budget signed by the governor on Tuesday, allocates $31.7 million for PSS and $153,131 for the BOE. The BOE convened a special meeting to discuss the budget, the constitutionally mandated 25% allocation for PSS, and the potential declaration of a state of emergency.

“The $31.7 million is a crisis for us,” Camacho said.

Ogumoro-Uludong informed the board that he and the commissioner had met with the governor earlier Wednesday regarding the forthcoming budget revision, which will address the 25% allocation for PSS.

When signing the budget to prevent a government shutdown, the governor indicated he would submit a proposed revision to the Legislature, adjusting projected revenue from $179 million to $156 million. Ogumoro-Uludong said the governor confirmed that the administration “is working toward achieving the 25% allocation of the $156 million proposed.” He acknowledged that the $31.7 million in P.L. 24-14 does not meet the constitutionally mandated 25% but emphasized, “touching it with reality too, we are one CNMI.”

He added, “The CNMI government has obligations to PSS, but we also have to be very cognizant that there will be widespread impact across the entire government.”

Camacho expressed optimism following discussions with the governor. “The administration has a greater appreciation of PSS needs than ever before. It was collaborative. On a positive note, they will increase the amount higher than the $31.7 million signed,” he said. However, he added that if the revised budget next week still allocates only $31.7 million, he will ask the board to declare a state of emergency, as “we are in a crisis situation.”

Furlough plan

Camacho presented the furlough plan for PSS employees, including both central office staff and instructional personnel.

“For school personnel alone, the cost equates to $37 million,” he said. For the central office, the cost is $2.5 million, according to Acting PSS Finance Director Jonathan Aguon.

Camacho explained that the central office is large because it includes bus drivers and principals, who are essential for school operations. Although the board agreed to defer the furlough pending the budget revision, Camacho said PSS is prepared to implement it, potentially in November. Aguon noted that employees will have two pay periods this month to prepare.

Under the austerity plan, central office employees’ hours will be reduced to 64 per pay period. This is estimated to save $793,000, with an additional $3.2 million retained for personnel costs. Camacho said, “On a positive note, we are protecting instructional days by reducing hours first at the central office. We will begin there because of restrictions under the budget bill.”

Instructional expenditures and legal concerns

Board member Maisie B. Tenorio raised concerns about P.L. 24-14’s provision that guarantees 96% of PSS funds be used for instructional expenditures. She noted that this restriction limits the commissioner’s authority to manage funds, even though the CNMI Constitution empowers the commissioner and the elected board to oversee PSS operations.

Section 709(c) of the budget law directs that “96% of PSS funds [be used] toward instructional expenditures,” effectively limiting flexibility in implementing austerity measures. The BOE maintains that such restrictions overlap with the constitutional authority of the Commissioner of Education and the elected board to manage funds appropriated by the Legislature.

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