{"id":278689,"date":"2018-06-22T06:06:29","date_gmt":"2018-06-21T20:06:29","guid":{"rendered":"https:\/\/www.saipantribune.com\/?p=278689"},"modified":"2018-06-22T06:06:29","modified_gmt":"2018-06-21T20:06:29","slug":"boe-holds-off-suit-vs-govt","status":"publish","type":"post","link":"https:\/\/www.saipantribune.com\/index.php\/boe-holds-off-suit-vs-govt\/","title":{"rendered":"BOE holds off suit vs govt"},"content":{"rendered":"
\"\"<\/a>
The CNMI State Board of Education meets last Wednesday at the BOE conference room on Capital Hill. (Jon Perez)<\/figcaption><\/figure>\n

The CNMI State Board of Education has voted to put off a planned lawsuit against the CNMI government on how much the Public School System is entitled to as its share of the government\u2019s annual budget.<\/p>\n

In a 4-1 vote during last Wednesday\u2019s meeting at the BOE conference room on Capital Hill, the board decided to hold off on bringing to court the issue of what general revenue is and what constitutes the 25 percent of the budget that PSS is entitled to get under the CNMI Constitution.<\/p>\n

Board chair MaryLou S. Ada, vice chair Janice A. Tenorio, secretary\/treasurer Herman M. Atalig, and member Herman T. Guerrero voted yes, while Tinian representative Florine M. Hofschneider voted no.<\/p>\n

Before the vote, BOE legal counsel Tiberius Mocanu outlined two options for the board: submitting a certified question to the court or filing a lawsuit. In both cases, it is to ask the court to clarify the provisions of the law that will guide future administrations in appropriating the annual budget for PSS.<\/p>\n

\u201cThe idea is to have a decision from the Supreme Court that resolves the issue so that future governors and political parties in power don\u2019t have any wiggle room on what exactly this constitutional amendment mean and what PSS is allowed to have,\u201d said Mocanu. \u201cThe goal is not to sue the government because we\u2019re going to get some money. The goal is to sue the government to force them to a certified question, so the Supreme Court can decide what\u2019s exactly is going on.\u201d<\/p>\n

He added: \u201cWhat we\u2019re trying to do is not forcing anybody\u2019s hand or we\u2019re not asking for a specific amount of money. What we\u2019re doing is to get them at the table so that we\u2019re in front of the Supreme Court and they decide.\u201d<\/p>\n

The board has also decided to give House Speaker Ralph S. Demapan (R-Saipan) time to discuss the issue whether the Legislature would have a joint resolution to resolve the matter and at the same time meet with their legal counsel. <\/p>\n

Mocanu, however, reminded the board that litigation is a tedious process. \u201cWe file, we serve, they reply. We\u2019re in front of a judge, they might file a motion to dismiss. We have to argue the motion. If we survive it\u2014I think we would\u2014let\u2019s go to the Supreme Court, it will take three to four months before we might get a sentence.\u201d<\/p>\n

Comments<\/strong><\/p>\n

Hofschneider, who voted no, said the board has already decided and should file the certified question right away. \u201cWe should proceed to do that. The governor can\u2019t dictate to the board when to take action. We need to do this.\u201d<\/p>\n

\u201cIt is a political ploy, no matter how you slice it. We\u2019ve been at this so we could avoid it close to the election,\u201d added Hofschneider.<\/p>\n

Ada said that during her last conversation with Gov. Ralph DLG Torres, he said the government would honor what it owes PSS. \u201cMy last discussion with the governor, they are willing to give us $3.75 million in July on the next supplemental appropriation.\u201d<\/p>\n

She added that the BOE just needs answers on the questions of what is general revenue and what\u2019s the proper earmark for the educational system in the annual budget.<\/p>\n

Tenorio said the administration should not be blamed but Torres and the Legislature know that PSS has every right to the money. \u201cBut we should also be reminded that the entire CNMI is going through a roller coaster with regards with the economic development and CW1 workforce issues.\u201d<\/p>\n

\u201cHotels and companies are not certain of what\u2019s going to happen, whether they would go on or not. I don\u2019t think they would let us be in the red. The governor and the Legislature are not saying that \u2018we\u2019re not going to give you the money,\u2019\u201d said Tenorio.<\/p>\n

Atalig said that holding off until July is in the best interest of the BOE and would also benefit PSS. \u201cThe governor is the father of our islands and he has to do all this balancing act. We need to give and take sometimes.\u201d<\/p>\n

\u201cThe governor and Legislature know they owe us money. But it just needs some time.\u201d<\/p>\n

Guerrero, for his part, said that Demapan is serious in settling the issue but it is also the board\u2019s responsibility to move ahead with their plans for the best interest of the students. \u201cIt is not a question of who is right or who is wrong, but the question of resolving the issue regarding appropriations.\u201d<\/p>\n

\u201cThe Legislature is entertaining the fiscal year 2019 budget, but we\u2019re elected to protect the interest of our students. As such, it is our moral responsibility to move ahead\u2026The fact is the administration has not kept up with what they owe us.\u201d<\/p>\n

\u201cIt is just a question to resolve, once and for all, what we are entitled to under the Constitution. So we can have a clear guidance from the court,\u201d Guerrero said.<\/p>\n","protected":false},"excerpt":{"rendered":"

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