AGO: Rota mayor not entitled to housing benefits

Rota Mayor Benjamin T. Manglona will have to shoulder the expenses of his home repair, as the Attorney General’s Office ruled that he is not entitled to be compensated for his housing expenses.

“Unlike the governor, lieutenant governor, president of the Senate, and speaker of the House of Representatives, no specific authority for housing is included within the statutorily established compensation of the Mayor,” read a portion of a legal opinion signed by attorney general Pamela S. Brown and assistant attorney general James R. Stump.

The legal opinion was issued upon the request of Finance Secretary Fermin M. Atalig, and without the knowledge of Mayor Manglona.

“The Mayor of Rota’s house is broken down. It was partially damaged during Typhoon Tingting. So I took it upon myself to ask the AGO for a legal opinion, in case the issue comes up,” Atalig told the Saipan Tribune in an interview.

The secretary noted that Manglona’s house in Sinapalo was concrete, but its windows and glass doors were broken during the typhoon.

In a separate interview, Manglona maintained that he was not aware that Atalig had requested a legal opinion from the attorney general. He said he is staying in his private home, and not using the accommodations provided by the government.

But he has not asked for any housing allowance, although his house, appliances, and personal belongings were damaged during Supertyphoon Chaba.

In a legal opinion dated Aug. 7—or weeks before Chaba hit the Marianas—the attorney general said the Constitution limits the mayor’s compensation to an annual salary of $43,200.

The law also set a salary of $70,000 for the governor, $60,000 for the lieutenant governor, and $39,300 for legislative officials. Aside from salary and compensation for reasonable allowances, the law provides housing benefits for the governor, lieutenant governor, Senate president, and House speaker.

“The express mention of one thing implies the exclusion of another, which might logically have been considered at the same time. A basic principle of construction is that language must be given its plain meaning,” the AGO said. “The provision of housing is limited to [specifically] named positions established by the Legislature. The mayor of Rota is not identified for the provision of housing within this statutory authority, and thus these expenses are not allowed.”