Legislature wants to settle BOE issue

House Speaker Rafael S. Demapan (R-Saipan) said the Legislature wants to settle once and for all the issue regarding the certified question that the CNMI State Public School System had sent to them and avoid going into a legal tussle.

Demapan, who is running for re-election under the CNMI Republican Party ticket, said the Legislature wants to finally settle the defiition of what constitutes general revenue and the 25 percent of the general budget that PSS is entitled to under the CNMI Constitution.

“I did discuss the issue with BOE member [Herman] Guerrero. And at that time, I told him that I would have to look at the issue,” said Demapan, who added that they would also review and discuss he subject with the House legal counsel.

“This is also something that I would have to engage in conversation with members of the House. I’m seriously doing it not far from today, but we have to seek legal guidance first. The sooner the better. If I decide tomorrow, why wait for July?”

Demapan said it is PSS’ prerogative to file a lawsuit or stick to a certified question in clarifying the issue. “They can do that if they choose to do it. A certified question is different from filing a lawsuit.”

“It is their prerogative to take the issue to court. They can do that without the certified question,” he added.

He said that lawmakers are serious in clarifying the issue. “That is something that we are seriously considering, not because we want to challenge PSS but to simply clarify the issue. I would rather not impose deadlines. This is an issue that requires a lot of legal review.”

Demapan said the Legislature’s position remains the same, that the 25 percent is an annual allocation from the general budget as stated in the CNMI Constitution, while supplemental appropriations are different.

“Our position is that we continue to stand by it, the 25 percent is the annual appropriation. The supplemental funding is something different the way you look at it. Even with that, PSS will continue receiving from that [general fund] source,” he said.

“In a couple of weeks or days, we’re going to make a definitive decision whether we pursue the certified questions. We [want to] clarify the issue, not that we are not in support of PSS, but because we are simply trying to avoid a lawsuit. We are simply trying to clarify the issue in regards to the constitutionality of the 25 percent.”

The BOE, during their board meeting last week, decided to hold off a planned lawsuit against the CNMI government. The BOE is seeking clarification if the 25 percent stated in the Constitution also applies to other revenue sources and supplemental appropriations.