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BOE repeals liability on employee
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Posted on Apr 12 1999
The Public School System will use the procurement rule of the CNMI Code to govern employee’s conduct after the Board of Education repealed its liability policy which was considered by many as harsh.
According to PSS legal counsel Tim Connor, because of the strict language used in the Board policy, PSS employees refused to sign documents and paralyzed the procurement process.
The policy makes an employee liable for violating the procurement procedure and does not give room for escape even if they acted in good faith.
Facing with depleted resources and harsh punishment, employees would opt to see the money first before signing any procurement documents.
Connor said while this policy scares off signatories and delays operation, it is in fact preempted by 7 CMC section 2301 which defends employees who acted in good faith.
This section in the Commonwealth Code considers an employee harmless provided it is within the scope of his work and it was not achieved in actual fraud, lies, malice and misconduct.
Following the request from the PSS administration to repeal the procurement rule, members of the Board promptly agreed to cross it out from its policy handbook.
