Proposed accord: Ex-Commerce chief admits to OAG allegations

Former Commerce secretary Mark O. Rabauliman admits to the allegations made by Attorney General Edward Manibusan regarding illegal Typhoon Yutu related overtime pay he received and has agreed to repay those funds, according to the proposed judgment agreed upon by the parties in the case.

The agreement provides that Rabauliman concedes to the allegations filed against him by Manibusan and has agreed to repay the Commonwealth Treasury $2,002.32 for the unlawful typhoon premium pay he received.

In addition to the repayment, the parties have stipulated that the amount Rabauliman has agreed to repay the Commonwealth is entitled to post-judgment interest at the statutory rate of 9% per annum beginning on the date the judgment is entered.

The parties have agreed to a payment plan of $100 a month to satisfy the judgment.

Aside from returning the money, Rabauliman agrees to a declaratory judgment declaring that the personnel regulations authorizing payment of typhoon emergency premium pay, overtime, and extra pay do not apply to gubernatorial appointees; that the director of Personnel and 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.

According to Saipan Tribune archives, Rabauliman received over $2,000 in typhoon premium pay back in 2018 to 2019.

He allegedly received typhoon premium compensation on Nov. 21, 2018, in the amount of $811.31, and on Dec. 19, 2018, in the amount of $1,191.01.

Aside from Rabauliman, other former Torres administration Cabinet members were slapped with similar lawsuits, including former Department of Community and Cultural Affairs secretary Robert Hunter, former Department of Fire and Emergency Medical Services commissioner Claudio Norita, former Department of Finance secretary Larissa Larson, Department of Public Works secretary James Ada, former Department of Lands and Natural Resource secretary Anthony Benavente, and more.

Earlier, Larson, through attorney Robert Torres, filed her response to the illegal OT lawsuit against her, saying she does not contest that she was not entitled to the alleged premium pay she had received.

In addition, Torres said his client does not contest nor oppose an entry of judgment against her for the sum of $36,775, with credit for her surrendering her accrued annual leave in the amount of $9,200.58, which she claims she waived in March 2019, following her resignation as Finance secretary.

Larson, through her attorney, agrees to payment on the judgment because she claims she has not been able to reach a stipulated agreement with Manibusan.
Larson proposes that she pay off the proposed judgment in the sum of $250 per month.

MD: Former Secretary of Commerce Mark O. Rabauliman admits to the allegations made by Attorney General Edward Manibusan regarding illegal Typhoon Yutu related overtime pay he received and has agreed to repayment of these funds.
Keywords: Rabauliman, repayment, illegal, OT, Saipan