Previous Story
Torres, Atalig respond to PSS lawsuit
3 OAG lawyers serve as counsel for governor, Finance secretary
Gov. Ralph DLG Torres and Finance Secretary David Atalig answered yesterday the lawsuit filed against them before the Superior Court by the Public School System and Education Commissioner Dr. Alfred Ada over the annual budget.
Three lawyers from the Office of the Attorney General are defending Torres and Atalig in this case. Assistant attorney general John P. Lowrey filed Torres’ and Atalig’s answer; assistant attorneys general Jonathan Robert Glass Jr. and Precious S. Boone entered their appearance as counsel for the governor and Finance secretary.
In Torres and Atalig’s defenses, Lowrey said the governor’s actions are licensed by the declaration of a state of emergency pursuant to the CNMI Constitution, the Homeland Security and Emergency Management Act, and the CNMI Emergency Health Powers Act of 2003.
Lowrey said the changes Torres made on the budget are required by law and that plaintiffs’ request would require the governor to violate the law and is thus illegal. Also, in so far as the plaintiffs want the amend the budget, they should also have included the Legislature in the lawsuit since it has the power over the government’s purse, Lowrey said.
As for asking the court to order Torres and Atalig to pay PSS an amount beyond what is set in the budget set by the Legislature, that would violate the law and would be illegal, he added.
At the same time, Lowrey said, the complaint is barred because the issues it is based on—or a necessary portion of them—are moot as a result of the current state of emergency and school closures.
Also, PSS’ claim of not having received 25% of the 2020 fiscal year budget is not ripe, Lowrey said, due to the monthly payment of appropriations under Public Law 21-08.
He said the complaint has failed to allege facts sufficient to constitute a constitutional violation by the Commonwealth.
He said the Commonwealth denies that Torres’ current proposed budget revision will reduce PSS’ allotment by 28.3%, that the governor’s emergency budget reductions improperly calculated PSS’ budget, and that PSS’ proportional share of Public Law 21-08 was 16%. He pointed out that PSS received 25.3% of the “total local revenue and resources available for appropriation for Commonwealth government activities in fiscal year 2020.”
Lowrey said the Commonwealth admits that PSS is guaranteed an annual budget of not less than 25% of the general revenues of the Commonwealth through an annual appropriation.
“The Commonwealth denies any allegations or implication that PSS has not received its guaranteed budgetary appropriation,” he added.
At this time, the Superior Court has not granted a temporary restraining/injunction order in this case.
Associate Judge Joseph N. Camacho set a status conference for June 23, 2020, during which briefing deadlines and hearing dates will be discussed.
PSS and Ada are suing Torres and Atalig to guarantee for PSS an annual budget of not less than 25% of the Commonwealth’s general revenue.
Ada and PSS, through counsel Tiberius Mocanu, are suing Torres and Atalig for violation of the CNMI Constitution.
Mocanu said Public Law 21-08, which established the Commonwealth government budget for fiscal year 2020, appropriated $37,718,904 to PSS, which is approximately 16% of the budget. He said Torres is in violation of the CNMI Constitution because he is carrying out payments and collections under P.L. 21-08.
Mocanu said Atalig is in violation of the NMI Constitution because every allotment and disbursement made pursuant to P.L. 21-08 is unconstitutional.
PSS and Ada asked the court to declare P.L. 21-08 as modified by Torres unconstitutional.
