ATTORNEY General Edward Manibusan has filed separate complaints in Superior Court against Department of Lands and Natural Resources Secretary Anthony Benavente, Department of Public Works Secretary James Ada and Department of Labor Secretary Julia Victoria “Vicky” I. Benavente for receiving “excessive typhoon overtime pay.”
The AG also sued former Department of Finance Secretary Larrisa Larson, former Department of Commerce Secretary Mark Rabauliman, and former Department of Fire and Emergency Medical Services Commissioner Clyde Norita over the same allegation.
The AG’s office, through Chief Solicitor J. Robert Glass Jr., sued each one of them in their personal capacity only.
According to Manibusan, his office filed the lawsuits “on behalf of the people of the Commonwealth, who are harmed and have been harmed by the excessive compensation by a Commonwealth government employee who was not entitled to typhoon emergency premium compensation, overtime, or extra pay for work performed during the declared major disaster and state of significant emergency relating to Super Typhoon Yutu, or for work directly involved with typhoon recovery and repair work and providing assistance to those members of the Commonwealth adversely affected by Super Typhoon Yutu.”
The AG is asking the court to issue a judgment declaring that the personnel regulations authorizing payment of typhoon emergency premium pay, overtime, and extra pay do not apply to gubernatorial appointees.
Manibusan also asked the court to declare in a judgment that the director of personnel and the governor lack the authority to authorize additional compensation except as provided by law; and that compensation in excess of the salary ceiling cannot be authorized except as provided by law.
The AG wants the court to issue judgments to recover “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.”
According to the AG:
• Anthony Benavente, who was appointed DLNR secretary on May 22, 2017, received a total of $36,198.43 in “unlawful typhoon payments.”
• Ada, who was appointed DPW secretary on Feb. 19, 2015, received a total of $32,033.86 in “unlawful typhoon payments.”
• Larson, the Finance secretary from April 5, 2011 to March 22, 2019, received a total of $36,775.43 in “unlawful typhoon payments.”
• Vicky Benavente, who was appointed DOL secretary on Oct. 1, 2017, received a total of $31,323.62 in “unlawful typhoon payments.”
• Mark Rabauliman, the Commerce secretary from Jan. 20, 2015 to March 26, 2021, received a total of $2,002.03 in “unlawful typhoon payments.”
• Norita, the DFEMS commissioner from Oct. 23, 2018 through Jan. 24, 2019, received a total of $45,042.69 in “unlawful typhoon payments.”
The AG’s office also filed a similar complaint against former Department of Community and Cultural Affairs Secretary Robert Hunter who received a total of $17,147.90 in “unlawful typhoon payments,” the AG added.
The AG’s office likewise filed a similar complaint against Department of Public Safety Commissioner Robert Guerrero. In June 2022, he admitted owing the CNMI government $46,982.96, but denied the Office of the AG’s “entitlement to prejudgment interest and any other relief.”
The AG’s office is expected to file additional lawsuits against other current or former officials who received “excessive typhoon OT pay.”
