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PSS complaint served to Torres
Tiberius Mocanu, the counsel for the Public School System and Education Commissioner Dr. Alfred Ada, filed yesterday a proof of service before the Superior Court to show that Gov. Ralph DLG Torres and Finance Secretary David Atalig have been served with their complaint over an annual PSS budget issue.
In a declaration, Mocanu said that Elesio Pingal Jr. served Torres and Atalig copies of the complaint and summons, including Associate Judge Teresa Kim-Tenorio’s order recusing from presiding over the case, last March 13. He said the Office of the Governor and the Office of the Finance Secretary were both served sometime before 4pm. He said the Office of the Attorney General’s Civil Division was served at 3:59pm on that same day, March 13.
Saipan Tribune published a story yesterday about PSS’ and Ada’s lack of filing in court of proof of service, citing a source.
Ada and PSS filed the complaint for injunction last March 12.
At this time, the Superior Court has not granted a temporary restraining order in connection with the lawsuit.
Associate Judge Joseph N. Camacho on Thursday set a status conference for April 14 at 2:30pm at the Marianas Business Plaza in Susupe.
PSS and Ada are suing Torres and Atalig to guarantee for PSS an annual budget of not less than 25% of the Commonwealth’s general revenue. They accuse Torres and Atalig of violating the NMI Constitution.
Mocanu said Public Law 21-08, which established the Commonwealth government budget for fiscal year 2020, appropriated just $37,718,904 to PSS, which is approximately 16% of the budget.
He said Torres is in violation of the NMI Constitution because he is carrying out payments and collections under P.L. 21-08.
Mocanu said Atalig is in violation of the NMI Constitution because every allotment and disbursement made pursuant to P.L. 21-08 is unconstitutional.
PSS and Ada asked the court to declare that P.L. 21-08 as modified by Torres is unconstitutional.
