PSS cites concerns in defining ‘revenue’

The Public School System is against the Legislature reviewing the definition of general revenues as it relates to the public education system of the CNMI, citing “constitutional concerns about its viability.”

In a letter to Rep. Angel Demapan (R-Saipan) dated May 23, 2017, that was received by Rep. Ivan A. Blanco (R-Saipan), who chairs the House of Representatives Committee on Judicial and Governmental Operations, PSS said it supports the intent of reviewing the definition of “general revenues” but BOE legal counsels “raised a concern” regarding the Legislature’s role in coming up with that definition.

The letter was signed by Board of Education chair Marylou Ada.

“It should be the Judiciary and not the Legislature that should define what the Constitution means,” PSS said, adding that giving that role to the Legislature could open the floodgates to future definitions of “general revenues.”

“With every legislature and with every new political motivation, the Constitution and consequently, PSS, would be reinterpreted,” the letter adds.

According to Ada, this as “not lawful.”

“The Constitution can only be interpreted by a court and, once interpreted, it is final. Doing it through a law will only place PSS in a position where it is at the mercy if every new legislature,” she said.

PSS sent the letter to the Legislature as part of its comments on House Bill 20-21, which effectively defines “general revenues” as it relates to PSS.

The bill, introduced by minority leader Ed Villagomez (Ind-Saipan), is still with the House JGO.

The bill states that PSS should be entitled to 25 percent of the CNMI budget prior to any earmarks and sums set aside.

For fiscal year 2018, PSS received over $36.3 million. This supposedly meets the 25 percent entitlement of PSS but earmarks and sums set aside from the budget were left out of the calculations.

The CNMI government identified budgetary resources amounting to $236.7 million for fiscal year 2018, but said that only $145.2 million is available for appropriation.

If 25 percent of the PSS budget is derived from the untouched CNMI budgetary resources, PSS is owed roughly $59.2 million.

Villagomez’s bill, House Bill 20-21, makes sure that the PSS annual budget would be derived from untouched budgetary resources, or the CNMI budget prior to earmarks or sums set aside.