GETTING the lawmakers approval to fill vacant positions for full-time employees violates the separation of powers principle, says Speaker Froilan C. Tenorio.
House Minority Leader Diego T. Benavente, R-Saipan, disagreed, resulting in a lengthy discussion on the FY 2011 budget laws provision on hiring restriction.
As a result, only one bill was passed yesterday by the House of Representatives.
Tenorio, Covenant-Saipan, invited Office of Management and Budget special assistant Vicky Villagomez to share with lawmakers the administrations understanding of the budgets hiring provision.
The law, P.L. 17-21, states that œno vacancies shall be filled except for critical and emergency positionsand said critical positions must be approved bythe Legislature.
After getting the Senates approval to hire 30 more government employees including 26 for the Attorney Generals Office last week, the administration is now seeking the approval of the House.
Villagomez said there are a lot of vacancies but the administration is proposing to fill positions that provide critical and emergency services only.
According to Tenorio, if the positions are vacant prior to the enactment of the budget law, the administration œcan go head and fill them. He said there is no need for the Legislatures approval.
œWe are dealing here with the principle of separation of powers between the Legislature and the executive branch, Tenorio added. œIf the FTEs are established in the budget law, then the administration should have the authority to fill those FTEs if theyre vacant.
œUnfortunately, Tenorio said, the administration appeared to be in agreement with the position of the Senate and the House minority bloc that filling vacant position required legislative approval.
œI dont like that. Im very concerned about the Constitution, he said.
Benavente said it is the intent of the Legislature when it passed the budget law to require legislative approval when filling vacancies.
Benavente said Tenorio œmay be right to say that the administration does not need the Legislatures approval if it wants to fill vacancies established in the budget law, but œit is clearly stated in the law that filling vacant FTEs for critical and emergency services must be approved jointly by the Legislature.
He said Tenorios concern about the separation of powers œis a excellent argument, but as you can see the administration has chose to comply.
Article source: http://www.mvariety.com/2011011033332/local-news/tenorio-no-need-for-legislatures-nod-to-hire-ftes.php
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