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Costly admission for DPS chief
Guerrero admits $46K judgment against him should be made
Robert Guerrero
Department of Public Safety Commissioner Robert Guerrero essentially agrees that a judgment of over $46,000 should be made against him in the case regarding excessive overtime compensation he received from Super Typhoon Yutu recovery.
According to the reply filed yesterday with the Superior Court by his lawyer, Matthew T. Gregory, Guerrero admits that a judgment should be issued on the fourth through sixth causes of action against him, resulting in a judgment of $46,982.96.
In addition, Gregory said that Guerrero admits that a judgment should issue as to the first three causes of action for declaratory relief.
However, Guerrero denies Attorney General Edward Manibusan’s claim for prejudgment interest and any other relief besides the ones he admitted to.
Back in February, Manibusan sued Guerrero over allegedly excessive overtime compensation he received from Super Typhoon Yutu recovery efforts. As relief, Manibusan argued that Guerrero should be directed to return all the money he was paid in overtime.
Manibusan sought a judgment of $46,982.96 for recovery of unlawful typhoon premium payments, overtime payments, or extra payments not authorized by law, without valid appropriation, and in excess of Guerrero’s salary ceiling.
Aside from returning the money, Manibusan also asked the court to declare that the personnel regulations authorizing the payment of typhoon emergency premium pay, overtime, and extra pay do not apply to gubernatorial appointees; that the director of Personnel and the 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.
Guerrero received typhoon emergency premium pay on multiple occasions and his typhoon emergency premium pay was paid at a rate of 2.5 times his base salary.
On Nov. 26, 2018, Guerrero received gross wages in the amount of $10,306.91 as typhoon emergency premium pay. On Dec. 21, 2018, he received gross wages in the amount of $9,917.49 as typhoon emergency premium pay. Later, on Dec. 31, 2018, the police chief received gross wages in the amount of $9,164.59 as typhoon emergency premium pay. On Nov. 11, 2019, Guerrero received gross wages in the amount of $17,504.88 as typhoon emergency premium pay.
In total, Guerrero received typhoon premium pay in the total gross amount of $46,892.96 with $29,388.08 paid in fiscal year 2019 and $17,504.88 paid in fiscal year 2020. However, all pay was for work performed during fiscal year 2019 from Oct. 23, 2018, through Jan. 23, 2019.
