BOE eyes certified question on budget

Agitated over not getting its constitutionally mandated share of 25 percent of next fiscal year’s budget, the Public School System may submit a certified question with the CNMI Supreme Court to settle once and for all what constitutes its share.

At a Board of Education meeting held yesterday, Herman T. Guerrero said the board has concerns about the Legislature’s failure to allocate 25 percent of the general fund to the Public School System, based on the constitutional mandate.

The question that PSS wants answered, among others, is what constitutes the “general fund,” whether PSS is entitled to the gross or the net, when the governor submits his budget.

“Once the [fiscal year] 2018 budget is signed into law, then the Legislature needs to gear up and address the supplemental budget and not wait. Right now, we have some concerns that, if they [lawmakers] keep delaying, then perhaps the compensation plan we intend to implement might have to be delayed,” Guerrero said. “If that is the case, I’ll tell the teachers, let’s go up to the Legislature and lobby up there. I would like to see one member of the Legislature say no to those teachers.”

The board has already approved a plan to increase the salaries of teachers. What’s needed is funding.

According to Guerrero, members of the Legislature themselves have been asking the question that need to be addressed once and for all: what is PSS entitled to in terms of the revenue of the Commonwealth.

“The board has approved asking the certified questions. We are currently working on the questions. But how [we will phrase it] is still with the legal counsel, who is working on it,” Guerrero said.

“The board members will review it and see whether that is the question we would like to ask the Supreme Court,” he added.

According to Guerrero, the CNMI Supreme Court is the only body that can make a final determination on the matter.

“It keeps vacillating back and forth. The administration has different interpretations, the members of the Legislature has different interpretations and we at PSS have different interpretations,” he said.

“We are saying that if we are entitled, then we should given that. The governor keeps identifying funds from the casino gross revenue tax and appropriating that. When you identify those funds, then PSS is also entitled to those funds. So…I hope he did not spend all of it already because we are entitled to it,” Guerrero added.

At a Senate session last Sept. 16, when the budget bill was taken up, Sen. Paul Mangloña (Ind-Rota) pointed out that the CNMI Constitution mandates a budget for PSS that is 25 percent “of what is considered the general fund.” With general fund revenues estimated at $46 million, 25 percent of that is $11 million, he said.

Mangloña also believes PSS should receive 25 percent of casino-generated gross revenue tax. He said that this year’s CGRT is estimated at about $58 million and that PSS should receive $14.5 million, a quarter of the total amount.

“For this year so far, we have not given PSS a single dollar. Yet we have passed several CGRT piecemeal appropriations totaling more than $28 million,” he said.

According to Guerrero, if the lawmakers are looking the other way and do not want to raise the issue with the governor, then they are failing in their constitutional responsibilities.

“Their silence speaks volumes that they are not really committed to the Public School System. The Legislature keeps doing this earmarking over the years, so basically, they are intentionally moving money away from the general funds and the PSS,” he said.

He pointed out that PSS asked for a budget of $54 million, yet was only appropriated $35 million to $36 million.

“The Legislature failed in their duties last year and the current fiscal year, which is about to ready to be over. We also requested money for life insurance or health insurance…the matching component thereof…but they failed to include money in it. So we are scrambling around. We really hope they take their duties seriously,” he said.

Guerrero said the certified questions may be submitted in two weeks.