Civil Service office in desperate need of repairs

When you open the door to the office of the Civil Service Commission on Capital Hill on a rainy day, chances are you will see a used pan in the hallway, a red plastic basin on the counter, and at least six more plastic trash bins in other areas, catching rainwater dripping from the leaking roof. The carpet is smelly and tired looking from being soaked in rainwater.

That’s only the physical aspect. The Civil Service Commission has been, since 2008, without at least five of seven required members to make decisions on complaints filed by civil service employees related to terminations, suspensions and reprimands, among other cases.

Gov. Benigno R. Fitial’s administration said it has been trying—with little success—to fill the vacancies at the commission to ensure it has at least five sitting members at any given time.

Some 30 complaints filed with the commission have not been moving since 2008 when it last had five members.

Andrew Orsini, acting commission director, said among these pending cases is one that’s almost three years old.

“The person who filed that complaint wants to have a fair chance and wants to be heard by the commission, and that person has been patiently waiting for the commission to hear the case,” Orsini told Saipan Tribune in an interview at the CSC office.

Orsini is one of only two employees at the commission since last year. The other is the board secretary.

He said others withdrew their complaints because of any or a combination of the following: they do not want to create trouble at the expense of their right to be heard when an adverse action was taken against them; some decided to just leave their job and look for another one either in the CNMI, Guam, or the mainland; some realized it could take much longer to have at least five commissioners to make a decision on their case.

Moreover, most of those who file complaints are in the lower salary range, making it difficult for them to go to court instead. The 16-hour work cut biweekly remains in place as part of the government’s austerity measures.

“We have quite a number of withdrawals of complaints. It is sad because these people are not exercising their full rights under the Civil Service Rules and Regulations, the right to be heard. They file it and they withdraw it. But there are still some 30 cases waiting to be heard by the commission,” Orsini added.

He said early this year alone, five new complaints were filed with CSC.

Of the five, three were withdrawn, one decided to go to court, and only one remains pending awaiting a commission hearing.

Right now, the CSC board has four members including chair Felix Fitial, Charles Calvo, Eric Plinske and Tina Kukkun, said Orsini, adding that Fitial’s term will expire this year.

Orsini said the Constitution requires seven members and at least five members deciding as one on personnel cases. He acknowledged the difficulty of appointing individuals to serve on the commission because of qualifications, limited indemnification protection, and other reasons.

“I know that the administration has been doing its best but people have been declining the nomination for a number of reasons,” he said.

The governor nominated Eusebio Manglona to the commission representing Rota.

Press secretary Angel Demapan said, “At least three others have declined their appointments to the CSC for either personal or health reasons.”

He said the governor will work harder to get people to serve on CSC, and will look beyond political affiliation in appointing people “as always.”

Sen. Frank Cruz (R-Tinian) said yesterday that Eusebio Manglona has yet to submit required documents to the Senate Committee on Executive Appointments and Government Investigations, which has been investigating and holding public hearings on the governor’s appointments.

The EAGI Committee, currently chaired by Cruz, recommends to the full Senate whether to accept or reject the governor’s appointments.

As for the CSC office on Capital Hill, Orsini said he understands that the government is financially struggling right now so he is not pressing for the repair of the office roof, although they have requested funds for it.

“We needed repair money but we can’t do anything, there’s just no money available,” he added.