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&aipan,ji1ariana lslanbs 96950

FOR OFFICIAL USE CABLE ADDRESS GOV. N;\U SAIPAN

o

•

The Honorable Ponciano C. Rasa President of the Senate Fourth Northern Ma:ianas

Commonwealth Legislature Saipan, CM 96950

and

The Honorable Vicente M. Sablan Speaker, House of Representatives Fourth Northern Marianas .

Commonwealth Legislature Saipan, CM 96950

M " ~ . ; J rl~ 11 i~

Dear Mr. President and Mr. Speaker:

REPLY TO :

DEPT. o r ACnVIT}'

This is to inform you that Senate Bill No. 4-09, H.D.2, C.D.l, entitled, "To amend 1 CMC Section 3107; to increase the annual salary of the Governor, Lieut~nant Governor, Resident Representative to the United States, Mayors and Legislators; to amend Section 3(a) of Public Law No. 3-92; to establish by law the annual salaries of the Public Auditor, Governor's Special Assistants, Attorney General, Superintendent of Education, President of the / Northern Marianas Community College, Personnel Officer, directors and division chiefs of principal executive departments and executive directors and board members of government corporations; to repeal 1 CMC Sections 1201 through 1203 and Section 2272(c); and for other purposes," which was passed by the Fourth Northern Marianas Commonwealth Legislature, has become law without my signature.

This legislation becomes J!ublic, Law No. 4-32 r Copies are forwarded for your ready reference.

Sincerely, ~

-----..LJ5 Cq· -) PETnrO)7. TENORIO GovjH"hor

CC: Special Assistant for Programs and Legislative Review

fflw flenak FOURTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE

P.O. Box 129 Saipan, CM 96950

CERTIFICATIml

S.B. flo. 4-09, H.D. 2, C.D 1

Phone: 6534/6539

lie hereby certify that the foregoing Senate Bill passed the Senate and

the House of Representatives of the Fourth Northern tAarianas Commonwealth

Legislature, Third Regular Session, 1985, on January 18, 1985 by -a

unanif1lv:.Js vote of the members, a quorum being present.

o~ce') c.Rasa . rid~nt of the, :enate

Benja; . n'T. f1a 1 na -------Senat legislativ S~tarY

\ \ I

Pu13LIC J:A'i' NO. 4-32

513. no. 4-09, I! 1'2 , COl

FOURTH NORTHERN nARIANAS cOt;~ima~EAL TH LEGI5LATURE THIRD REGULAR SESSIOrl, 19S5

An ACT

To amend 1 C~iC Section 3107; to increase the annual salary of the Governor, Resident Representative to the United States, t:ayors and Legislators; to amend Section 3(a) of Public Law No. 3-92; to estab1 ish by law the annual salaries of the Publ ic Auditor, Governor's Special Assistants, Attorney General, Superintendent of Education, President of the Northern t'arianas Community College, Personnel Officer, directors and division chiefs of principal executive departments and executive directors and board members of government corporation; to repeal 1 CMC Sections 1201 through 1203 and Section 2272(c); and for other purposes.

Offered by Senators Herman R. Guerrero, Joseph S. 1nos and

Benjamin T. t'langlona (By Request)

[;a te: Februa ry 15, 1984

SEnATE ACTION

Referred to: Committee on Judiciary, Government and Law Standing Committee Report No. 4-33 First Reading: June 19,1984 Second Reading: June 29, 1984 Acceptance of House Amendments: December 4, 1984 Reconsideration and Rejection of House Amendments: December 12, 1984 Conference Committee Report Mo. 4-5 Second and Final Reading: January 15, 1985

HOUSE ACTI ON

Referred to: Committee on Appropriations Committee on Judiciary and Governmental Operations

Standing Committee Report No. 4-31 First Reading: September 4, 1984 Second Reading: September 6, 1984 Conference Committee Report No. 4-5 Second and Final Reading: January 18, 1985

i j" .~ \ ~---'-'" . , v / '.

8enjar;li n t. "anqloniT \ genate Le1islative ~

jAi'l 2 8 REC'O

PUBLIC LAW NO. 4-32

S E! 1,1\ T E P: ILL ~ ! 0 • .: -D ~ , 11.0 . 2, C.C.l

FI~ST RECULAR SESSIO~I, 1984

I~i l ACT

To amend 1 Ci.CTED BY THE FOURTH NORTHERi~ flAP-IANtIS CCt : t'~ Oi'!\'!EAL TH LEGI SUHURE:

Section 1. Short Title and Purpose.

(a) This Act may be cited as the 1984 Compensation

.;; Adjus tmen ts Ac t.

. " (b) Pursuant to Article II, Section 10 of the Northern

:J r'iarianas Constitution, the Second ilorthern r'~arianas Commom'iealth

J Legislature enacted Public Law ~o. 2-10 which became effective

7 January 7,1981. Public Law tlo. 2-10 established the Advisory

8 Commission on the Compensation for all elected officials and

:J judges of the Northern f.larianas GovernrfJent. The Commission

10 submitted its report and recommendations to the legislature en

11 February 25, 1981. The purpose of this Act is to provide the

12 initial change in the compensation of elected officials.

13 (c) With respect to appointed officials, this Act establishes

14 uniform and consistent salaries for top policy-making appointed

15 officials for the first time in Commonwealth history. This action

, ,-~U

, ..., ;. I

corrects unfair disparities vihich have arisen arlOng the salaries

of top appointed officials.

Section 2. Cefiniti ons. il.s used in this f.ct:

consultants, and :Jfof,:;ssioll :tl s'..'t'Vlces CO ~ l tr .'j ctors. E!~~p l oy(:e ,11so

2: inclUdes ful1-ti ;~: e Jnd pcrt-ti ;::e persor;nc;l. :: ::,,:p1 8yee inc1~c!2$

PUBLIC LAW NO. 4-32

s.:). r:o. ·l-00, tl n " ". u • ,_ ,

employess of fecci'al pro':]ri.:::is ':.ibn rec~~i'/.; bei r payc!1ecks fl': ::'

the COi:1fl1omlealth Coverr~I~~2 nt.

(b) "\Iages" and "sJ.laries" r:2a.ns the sa.:;le as it is def~ n ed

in 4 G:C Section 1103(z).

Section 3. Comcensation of Elected Officials.

, ) (a) The Governor shall receive an annual salary of $SC,QCO

and the Lieutenant C.over~or an annual salary of S40,COC.

(b) The Representative to the l:nited States shall receive

an annual salary of S40,000.

, ,... lU (c) The members of the Legislature shall receive an annual

~ 1 salary of $JO,OOO and no official representation allm'Iance

as currently · provided in 1 cr~c Sections 1201 through 1203; and

• 1 (d) The r:ayors of an island or group of islands shall

.-, receive an annual salary of $21,000.

1S Section 4. COn1Densation of Judc2s. 1 C1:C Section 3107 is

:G amended to read as follows: "Section 3107. CCrflf'on'.'!ealth Trial Cnurt: CO;;lDPnSi1tion.

, r .1.0 The annual salary of the Chief Judge is sse,ooc. The annual 1 , . ... -' salary of the Associate Judge is S4~,OOO. A full-time judge

20 may not hold another salaried government position or engage

21 in the practice of la\'I."

Secti on 5. Conformina Amend~ent. (

Section 3(a) of Public Law No.

23 3-92 is amended to read as follows:

24 "Section 3(a). The Representative shall also receive

a reasona~e allowance for expenses not to exceed $30,COO

Page 2

PUBLIC LAW NO. 4-32

provided in the dnnual tudset of the CCi:1I'IOn',':ea l'c :l . In

fiscai year for s..:cr e t t~ ri:ll, cl'2ricJ.l, t2cflnicul, and

professional assis'cance and for such other and further

expenses .'is ~ay be necessary to carry out the duties and

functions of his The Representative shall receive the

Executive Branc!1 ra tes of p2r diem tind act:lal travel costs for

, ,.., .;.\..1

, ') 4'"

, "

, . ~ Of

13

all travel on official business."

Section 6. Comoensaticn of Certain Aopointed Officials.

(a) The special assistants appointed by the Governor

pursuant to 1 G~C Section 2051 shall receive an annual salary

of not more than the fo 11 Oi'Ji n9 amounts:

Special Assistant for Planning and Cudget S 30,CCG

Spec i a 1 Ass is tant for Adr.1i n i s t ra t i on $ 30,CGO

Special Ass i stant for Programs and Legislative

Revi eltl $ 25, 000

Publ ic Infomation and Protocol Officer S 2S, CCC

Executive Assistant for Carolihian Affair~ $ 25,000

(b) The Attorney General, Public D~fender, Governorls Legal

20 Counsel and Public Auditor shall receive an annual salary of not

21 more than $40,000.

(c) The Superintendent of Education and the President of

23 the Northern ~'arianas College shall receive an annual salary of

2 '~ not less than $30,000 but not more than $40,000, as deterr.1ined

25 by the Board of Education.

Paqe 3

PUBLIC LAW NO. 4-32

(d) The Personnel Officer shall r~ceive c:n ,1nntJ .~1 '031::,:' '::7

the Civil Sel'vice CC:;;i1dssion.

(e) Th[: dir2ctors of the principal executive de partr.ents

receive an annual salary of not less than $30,000 cut not more than

') $36,000, as detet";,li ned by the Governor.

(f) The resident depart~ent heads sh.3.11 receive, in adcitic:-:

~ to their prior c13ssified service salary, an annual salary of r.ot

1 ' J. _

, "

more than $2,000.

(9) The deputy directors, depart'1lent special assistants, anc

associate superintendents shall receive an annual salary of no-::

less than $26,000 but not more than S30,000.

13 Section 7. Compensation of the Executive Directors of Governrent

i~ Corporations and Boards.

(a) The executive directors of government corporations, as

Ie defined in 1 CMC Section 7103(n), and of other agencies, boards,

17 cOfmnissions, councils, and offices shall receive an annual saiar~/

13 of not more than $36,000, as determined by the applicable boaro.

IS (b) No employee of a government co~poration shall earn riore

20 than the executive director.

21 Section 3. Compensation of Board ~embers of Government Coroorations

22 and Councils.

23 (a) Notwithstanding any other provision of law, members of

government corporations, councils, commissions, agencies, and

boards nBY receive as canpensation for neetings actually attended

Page .1

PUBLIC Lf1W NO. 4-32

!! r" '"' I , .". '-,

1 no r:iore th ail sec for a full JJ)! li1:::et1w, dn e! no core 1- ~ ~ t ,ElI1 ) .j\.; "cr . <

leave status in lieu of ccmpensatian for ~eetinss held auring

\'Jorking hours.

(b) A member traveling on official business s:13.11 recei ve

travel and per diem cC[;1pensation at the rates ?nd guidelines

established for Executive Branch efnployees.

(c) A 8ember may receive reimbursement for extraordinary

10 expenses actually incurred in the perfomance of his duties upon

. , the submission of receipts or other proof of extraordinary expe nses , ..... to the board and the specific approval of the board to reimburse

the member for his extraordinary expenses.

~

PUBLIC LAIv NO. 4-32

shall receive an annual salary af nat more thQn $25, 000 , In the e~e~:

the Civil Setvice Ccn~mis s ion pcmlits il chief to itrevocably €lec: to

be out of the classified service system.

v Section 10. Leqislature Salary Celin9..

~ Except as provided by this law, no employee of the

Legisiati'/e Branch or its subdivisions shall receive an annual

salary higher than a legislator.

i Secti on 11. No Overtime.

.. I,, ' (a) Unless the Civil Service Co~mission certifies to the

~ . Governor and the presiding officers of the legislature as to a

particular position 0:" class of"s-:1r10yees, no Ccrn'lor.':le3.lth

~-' Government unclassified or ungraded employee and no elected or

~' r appointed official shall receive overtime, hazardous,

~:;, night-differential, compensatory tirr.e, post-differential or

i s stand-by pay_

(b) Er.1plo'yees of goverr.ment corporations other than attot'neys

and executive directors may be exempt from this section if their

Board so determines.

20 Section 12. Composite Price Index. /l.t least once every t','IO years

the Director of Commerce and Labor shall prepare a composite price index

22 report for the Commonwealth that includes a table which begins with data

23 as of October 1, 1984.

Section 13. Exemotions. ,

(a) The salary provisions of this act shall not apply to a

• J

PUBLIC L;W NO. 4-32 ('" r- .. ' ...... .. ...

non-elected c!'lplo:/e e ilOHi;-: g J positi on ,)S of the effecti v.:: Clt2

of this act ili1el'2 the t i ~l ployee r eceiv es a salary hi ~;~,e r th ':: r1 : :: 9

salary establisi1ed by this act for his position. In ail suc :; cas ss

the salary of t he non- >:: l ec ted e :n pl()y r~ e shall be froz en 3. tits , , , C 'f C. . 1 ......... 1

on the effective date of this act, until the non-elected ej~ ' pi eyes

leaves his position. The successor of the nen-elected employee shall

be subject to this act t3.nd shall recc:ive th2 salary estcblis :~ ed ~.j'

this act for the position.

(b) The judges of the Commonwealth Trial Court are e x e~Dt fr0~

this section •

(c) If the Governor certifies to the presiding officers af

the legislature and the Chairr,an of the Ci'lil Service CC:11::1iss i c!l

that after a diligent effort the Commonwealth is unable to

!~ recruit a professionally or technically qualified person to ta ke an

, . .. "

21

22

appointed position, he rnay waive the salary ceiling establis hed by

law for that position.

(d) If the presiding off icers of the legislature cer ti fy t o

the Cnainlan of the Civil Service Commission that after a dili s; ent

effort the legislature is unable to recr~it a professionally or

technically qualified person to take a legislative position, they

may waive the salary ceiling established by 1 a ... , for that positior..

(e) If the Chief Judge of the Commonwealth Trial Court

24 certifies to the presiding officers of the legislature and the

25 Chairman of the Civi"l Service Corm:lission that after a diligent

PUBLIC LAW NO. 4-32

5.3. ~~o. 4- 0 ~, H.C.:,

effort the Court is unable to recruit a professi onall y or

technically ~ualified person to take a judicial posit i on, ~e ~~!

\'iaiv2 the salary ceiling established by la\'i for tha~ :Jsit~ c r:.

(f) Section 11 shall not apply to valid contracts entered

into prior to the effective date of this act.

: 0 Section 14. Repealer. 1 Ct,1C Sections l~Ol through 1203 are

1 , ......

12

repealed.

Secti on 15. Effective Da teo Upon approval by the Governor, or

becoming law without such approval, Section 3 of this Act shall t2~e

.. -..... . -__ ' ..... . I

effect the second f