Manibusan: Full steam ahead with collection efforts on Yutu OT pay

Attorney General Edward Manibusan appears with other Office of the Attorney General’s officials last week for OAG’s budget hearing before the House Ways and Means Committee chaired by Rep. Donald M. Manglona (Ind-Rota). (FERDIE DE LA TORRE)

Attorney General Edward Manibusan assured Wednesday last week that his office is going full steam ahead with its collection efforts to pursue unlawful overtime that was paid out to some government officials after Super Typhoon Yutu in 2018.

Manibusan provided brief details about their collection efforts in response to Rep. Christina E. Sablan’s (D-Saipan) questions at last week’s hearing on the Office of the Attorney General’s budget for fiscal year 2022 before the House Ways and Means Committee.

A copy of Manibusan’s demand letter to one government official obtained by Saipan Tribune showed that the official was given no later than June 30, 2021, to contact his office to discuss return of the amounts owed the Commonwealth.

In that letter, Manibusan informed the government official that he is hopeful for an early resolution without resorting to time-consuming litigation.

Manibusan said in the letter that the compensation of work performed by government employees during a declared typhoon emergency depends on which employment category they belong. Non-civil service employees, including Executive Branch heads, resident department heads, members of boards, commissions, councils, and gubernatorial appointees such as Cabinet members are not covered for emergency typhoon pay, he added, nor is there any statute authorizing extra payment for typhoon emergency work.

This mean that even if Gov. Ralph DLG Torres’ directives were intended to authorize such payment to these exempted employees, there is no legal basis for doing so, Manibusan said.

When asked how many demand letters have gone out, Manibusan said they are working with the Office of the Public Auditor and that he does not remember how many such letters had been sent.

“We’re still not even halfway there. We are still reviewing the other parts of the report,” he added, without elaborating.

When asked if any monies had been paid back or collected at this point or if it is still too early to say that, Manibusan only replied, “Early.”

He agreed with Sablan that OPA did actually provide a report to their office of officials that have been identified as having received these funds but he said he does not recall how many officials were identified in the OPA report.

Sablan asked if it would be possible to get a copy of that OPA report, but the AG said it’s better that she gets the report from OPA.

With respect to the OAG’s budget, Ways and Means Committee chair Rep. Donald M. Manglona (Ind-Rota) said the OAG initially requested a $2.8-million budget for fiscal year 2022. Considering the proposed general fund and the American Rescue Plan Act, the OAG stands to receive an additional half a million dollars, Manglona said.

“This is something that we will want to do here to see what the plans are for the additional half a million and provide any clarifying questions that committee members may have,” Manglona added.

Manibusan said their fiscal year 2022 budget submission took into account the governor’s budget call that estimated the government’s net resources at $96.5 million. He said they submitted a budget request in the amount of $2.8 million and that’s consistent with what they were budgeted in fiscal years 2018, 2019, and 2020.

“In the current year, right now, our budget is at $2.1 million,” Manibusan said.

He said their primary goal in fiscal year 2022 is is to fill all vacancies and add five other positions. The He said they have seen an increasing number of legal services requests and that they have a number of agencies that they represent.

“We have agencies that we do represent within the Executive Branch and so our work has actually increased,” he said.