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AGO: Salary hikes still possible if…
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Posted on Apr 04 2006
A government agency may give salary hikes to employees as long as the agency’s overall personnel budget is not exceeded, according to the Attorney General’s Office.
Attorney General Matthew T. Gregory issued this legal opinion at the request of the NMI Retirement Fund.
A Fund staff member, according to the document, was given a two-step salary increase—within grade and merit increases—but the new salary level exceeds the amount budgeted for that employee under the last enacted government budget, Public Law 13-24.
“An employee’s salary is not limited by the worksheets; provided, however, that the Retirement Fund cannot exceed the sum budgeted for personnel nor may it exceed the FTE limit,” Gregory said.
FTE stands for full-time employees. Each department is given a maximum number of FTEs it can hire.
Gregory cited a provision in P.L. 13-24, which reads: “The budget worksheets contained in the governor’s budget submission to the Legislature have no force or effect of law. The special assistant for management and budget and the director of personnel are without authority to grant, withhold, or condition any approval or allotment based on those worksheets or any source other than this act and other applicable law.
“All personnel actions for civil service positions, including but not limited to new hires, transfers, promotions, and pay increases, shall be made in compliance with the Civil Service Act and regulations and other applicable law concerning public employment and personnel management for the Commonwealth government.”
P.L. 13-24 appropriates $1.487 million for NMI Retirement Fund personnel, with an FTE ceiling of 33.
