Ex-DCCA chief sued for alleged illegal OT

Robert Hunter

CNMI Attorney General Edward Manibusan has filed a lawsuit in Superior Court against former Department of Community and Cultural Affairs secretary Robert Hunter for the alleged excessive overtime compensation he received from Super Typhoon Yutu recovery.

Manibusan, through OAG Chief Solicitor Robert Glass Jr., filed the lawsuit yesterday, accusing Hunter of receiving over $17,000 in illegal overtime compensation following the onslaught of Super Typhoon Yutu

According to the 15-page lawsuit submitted to the Superior Court yesterday, Manibusan, in his official capacity as the attorney general of the Commonwealth, claims that the CNMI was harmed because of the authorized overtime pay received by Hunter.

The OAG further argues that Hunter was not entitled to overtime and so should be directed to return all the money he was paid in overtime.

“[Manibusan] brings this action on behalf of the people of the Commonwealth, who are harmed and have been harmed by the excessive compensation of Robert H. Hunter, a Commonwealth government employee who was not entitled to typhoon emergency premium compensation, overtime, or extra pay for work performed during the declared major disaster and state of significant emergency relating to Super Typhoon Yutu, or for work directly involved with typhoon recovery and repair work and providing assistance to those members of the Commonwealth adversely affected by Super Typhoon Yutu,” said Glass.

The OAG wants the court to order Hunter to return the $17,147.90 he received in illegal overtime compensation.

Manibusan is also seeking a declaratory judgment from the Superior Court 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 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.

According to the lawsuit, Hunter’s total compensation in fiscal years 2019 and 2020 exceeded his statutory salary of $54,000, which is against the law.

In total, Hunter allegedly received typhoon premium pay in the total gross amount of $17,147.90, with $14,636.08 being paid in fiscal year 2019 and $2,511.82 paid in fiscal year 2020.

However, all pay was for work performed during fiscal year 2019 from Oct. 23, 2018, through Jan. 23, 2019.

Glass states that Hunter 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 Dec. 19, 2018, the defendant received gross wages in the amount of $3,777.47 as typhoon emergency premium pay.

On Dec. 21, 2018, Hunter received gross wages in the amount of $5,536.40 as typhoon emergency premium pay.

On Dec. 29, 2018, the DCCA secretary received gross wages in the amount of $1,363.00 as typhoon emergency premium pay

On Dec. 31, 2018, he again received gross wages in the amount of $3,959.21 as typhoon emergency premium pay.

Finally, on Nov. 1, 2019, the defendant allegedly received gross wages in the amount of $2,511.82 as typhoon emergency premium pay.

Hunter, who is also a former chief policy adviser of Gov. Ralph DLG Torres, currently lives the U.S. mainland.