Torres expands case against governor

Rep. Stanley T. Torres has added a new allegation in his lawsuit against the Fitial administration, accusing the governor of illegal spending under continuing resolution.

Torres filed an amended complaint against Fitial yesterday to question the governor’s action to fill numerous vacant positions in government.

The House minority member pointed out that the governor violated the law by hiring people for non-essential positions at a time the Commonwealth had no appropriation law for the current fiscal year.

Under 1 CMC §7204(d) of the Planning and Budgeting Act, and in absence of a current budget law, the governor can only fill a vacant position when it is essential to the delivery of public services and there is enough funding available to pay the new employee.

“Granted, some positions [filled] are essential, like the governor’s position, but the numerous ‘assistants, community workers and public information officers’ are clearly non-essential. These non-essential replacements and/or new hires are illegal, especially in light of proposed wage…cuts in current government employee paychecks,” Torres said.

Records show that the administration expressed intent to fill at least 333 vacant positions since Fitial was sworn into office in January 2006.

Data from the Office of Personnel Management also indicate that, as of April 7, a total of 209 new employees have been processed and entered into OPM’s human resource and payroll system. The list includes the governor’s Cabinet and staff, as well as employees reemployed from the previous administration.

Almost 100 of the certified vacancies were for community workers.

More employees are still being processed for hiring.

“The staggering list of governor’s vacancy certifications is unbelievable. How can all these positions, which can only be filled pursuant to 1 CMC §7204(d), be even transmitted to the Legislature as being essential to the delivery of public services and that continuing appropriations are available for the full personnel costs associated with filling the vacant position?” Torres said.

The lawmaker asked the Superior Court to stop Fitial from filling and certifying vacant non-essential positions.

He also reiterated previous complaint concerning the governor’s budget reduction in excess of 7.1 percent and the declaration of a state of emergency with respect to the Commonwealth Utilities Corporation.