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Tebuteb pushes satisfying judgments against gov’t without appropriations
Rep. Ray Tebuteb (Ind-Saipan) has introduced a bill that would allow the government to satisfy judgments without an appropriation; in short, they should be paid from “any available funds with or without appropriation” from the Legislature.
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Posted on Nov 11 2013
Rep. Ray Tebuteb (Ind-Saipan) has introduced a bill that would allow the government to satisfy judgments without an appropriation; in short, they should be paid from “any available funds with or without appropriation” from the Legislature.
Attorney General Joey Patrick San Nicolas told lawmakers early this year that the government’s outstanding and unpaid judgments and settlements is now at more than $27 million, excluding accruing interests.
Tebuteb’s House Bill 18-143 also allows judgments against the government to be enforced as any other judgment.
“The purpose of this bill is to make the government responsible for its obligations,” Tebuteb said in his bill.
The government has been restricted from making settlement of claims and payment of judgments because a legislative appropriation is necessary for such payment.
Although the law allows the governor to waive the requirement of a legislative appropriation, the governor “does not appear to be willing to make such a waiver,” Tebuteb said.
“Judgments sit for years without the governor making a waiver or requesting an appropriation. Since the government is shielded from the judicial enforcement of judgments, the government has become irresponsible and neglectful in addressing its obligations,” Tebuteb added.
Based on the OAG’s data provided to the Legislature, the more than $27 million in government’s outstanding and unpaid judgments and settlements go as far back as November 2004.
Under CNMI law, any final judgment of a court can only be paid if the Legislature appropriates a budget for it.
There are 17 sets of judgment creditors or claimants on the OAG’s list. Each is owed by the government anywhere from $20,000 to $11.43 million.
