OPA warns DFW of possible violation of federal grants

The Office of the Public Auditor has warned that the CNMI Division of Fish and Wildlife may have placed the grant it receives from the United States government in jeopardy due to possible violations of an agreement it signed with the Division of Federal Aid.

OPA mentioned the arrangement DFW had with its two employees who were allowed to enroll and attend classes at the Northern Marianas College during office hours sans the charging of the appropriate type of leave.

The employees get a complete 8-hour pay even when they are out from work to attend classes at the College instead of their absences being charged to leave.

OPA said the Personnel Service System Rules and Regulations was clear that education leave for the purpose of job-related training and education may be granted to employees on a permanent status for a period not to exceed one year by the Personnel Officer with the recommendation of the approving authority.

The two employees’ affiliation with DFW is guaranteed only by a renewable one-year contract since their positions are funded entirely by annual federal grants and not by local appropriations.

The public auditor stressed the employees’ class hours cannot be charged to regular work hours at the DFW Director’s discretion because the conditions set by the PSSRR for granting administrative leave were not met.

In a report released yesterday, Public Auditor Leo LaMotte said the employees were allowed to claim the time off from work, when they were attending classes, as administrative leave or regular working hours.

“Charging administrative leave or regular work hours for such absences is a violation of personnel regulations. As a result, DLNR [Department of Lands and Natural Resources] may be in violation of the various grants they are receiving,” said Mr. LaMotte.

The DFW contends, however, that the two employees were attending school under the provisions of the Pacific Islands Education Initiative, which was contained in the MOU with the U.S. interior department’s Fish and Wildlife Service.

The Pacific Islands Education Initiative was intended to benefit DFW and the CNMI through the development of local professionals, by helping candidates obtain baccalaureate and advances degrees in Fish and Wildlife Management.

But the public auditor said DFW’s arrangement with the two employees does not accomplish the Initiative’s objective because DLNR officials allowed the employees to enroll without documenting the specific terms of the MOU with the federal agency.

“In effect, the courses the students are taking will not enable them to earn professional degrees and the objective of the MOU will therefore not be accomplished,” Mr. LaMotte said.

This is primarily because the College does not offer bachelor or master’s degree courses on biology. “DFW may also be violating the provisions of the federal grant programs under which the two employees are receiving their salaries.”

OPA Recommendations

In order to promptly address issues that may hamper DFW’s relationship with the federal agency with which it has existing MOU, OPA recommended that it develop a special education program in accordance with the agreement to be approved by the grantor.

Mr. LaMotte also said the Fish and Wildlife Director must ensure that the agency is in compliance with the provisions of the various grants it receive in order to assure continued federal support.

The public auditor has also recommended that DFW suspend its current arrangement with the two employees, pending resolution of the issues that prompted the conduct of the audit investigation.

In his response to the OPA recommendations, DLNR Secretary Joaquin A. Tenorio said the DFW director has already taken steps to comply with local rules and regulations although he is not able to grant administrative or educational leave to the two employees.

Mr. Tenorio also mentioned that his department is taking steps to achieve compliance by converting DFW employees to permanent status, and properly requesting the approval of the Office of Personnel Management for the employees to receive educational leave.

He added the division is now in close communication with the federal grantors to establish clear guidelines on the Pacific Islands Education Initiative in accordance with Grant Agreements and the MOU.

The secretary noted DFW has already suspended its current arrangement with the employees by requiring them to apply for annual leave for the time spent in classes. This initial step was taken so as not to hamper the employees’ successful completion of the school term which is already in progress.