Former Department of Land and Natural Resources secretary Anthony Benavente has reached a settlement with Attorney General Edward Manibusan in the illegal overtime lawsuit the Office of the Attorney General earlier filed against the former secretary. <\/p>\n
Benavente, through his lawyer, Robert T. Torres, and Manibusan, through OAG Chief Solicitor Robert Glass Jr., have filed a stipulation agreeing on a settlement outside of court proceedings in the illegal overtime suit filed by the OAG in 2022. <\/p>\n
Pursuant to the stipulation, the parties agreed that the court shall enter a partial judgment against Benavente in the sum of $6,198.43 as settlements for the claims of illegal overtime compensation accrued for Typhoon Yutu-related work in 2018 and 2019. <\/p>\n
\u201cThe stipulation is for the purpose of achieving partial resolution of the claims alleged by Manibusan in the complaint filed in this action,\u201d states the stipulation. <\/p>\n
According to the parties, Benavente, who is currently unemployed, shall pay at least $100 per month on the first of each month starting this month, to the CNMI Treasury. <\/p>\n
As for the causes of actions as to excessive compensation\/excessive salary, the parties have reserved the matter for separate disposition. <\/p>\n
\u201cThe parties anticipate requesting the court to rule upon this dispute through stipulated motion for partial summary judgment in as much as the parties anticipate undisputed facts and\/or documents for the court\u2019s resolution and determination. The parties will discuss the matter further with the court at the upcoming status conference,\u201d the parties stated. <\/p>\n
According to the complaint against Benavente, Manibusan alleges that the former DLNR secretary received over $30,000 in typhoon premium pay that he should not have been entitled to.<\/p>\n
As relief, Manibusan asked the court to issue a judgment of $36,198.43 for recovery of the allegedly unlawful typhoon premium payments, overtime payments, or extra payments not authorized by law.<\/p>\n
Aside from returning the money, the AG also asked that the court issue a declaratory judgment declaring that the personnel regulations authorizing payment of typhoon emergency premium pay, overtime, and extra pay do not apply to gubernatorial appointees; that the director of Personnel and governor lack the authority to authorize additional compensation except as provided by law; and that compensation in excess of the salary ceiling cannot be authorized except as provided by law.<\/p>\n
According to the lawsuit, Benavente accrued over $36,000 in total OT compensation, causing his salary to go beyond the statutory limit of $54,000, which is against the law.<\/p>\n
The lawsuit said that Benavente received typhoon premium pay in the total gross amount of $6,198.43 back in 2018 for Yutu-related work done that year, while at least $30,000 has been paid since May 17, 2022.<\/p>\n","protected":false},"excerpt":{"rendered":"
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