TITLE 1: GOVERNMENT DIVISION 8: PUBLIC EMPLOYMENT
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1 8213. Salary Schedule. (a) The schedule set forth in this section provides the official annual, biweekly and hourly base salary schedule for all employees not specially exempted by law. The applicable amount set forth shall be paid to each employee who works or accumulates pay status for at least 80 hours within the pay period. To determine the hourly rate for all employees who work less than 80 hours within the pay period, or to determine the hourly rate for overtime and applicable differentials, the applicable biweekly base salary shall be divided by 80, but this procedure shall be used only for these stated purposes. For the purposes of compensation for actual hours worked, the hourly rate shall be paid. No other salary schedule shall be implemented except that which is established pursuant to N.M.I. Const. art. II, 5 and 7; provided, however, that any salary adjustment pursuant to this chapter shall not affect or alter the waiting period required for qualifying for the next within-grade step increase. (b) Notwithstanding any other provision of Commonwealth law, this salary schedule is hereby made applicable to autonomous agencies implementing the schedule established pursuant to PL 6-23 [the former 1 CMC 8213], and all Commonwealth government employees in federally-funded positions applying the Commonwealth civil service classification and compensation scales; provided, however, if federal funds are unavailable for said salary adjustments this chapter shall authorize expenditures for such. Notwithstanding any other provisions of Commonwealth law, the boards of all autonomous agencies not implementing the schedule established pursuant to PL 6-23 [the former 1 CMC 8213] shall submit a classification and compensation plan to the legislature for approval by joint resolution on or before July 19, (c) The salary schedule shall be as follows:
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6 (d) The classification and compensation guidelines for the Public School System as approved by the legislature through 1 CMC 8213 are hereby repealed and as a result, teachers and teacher aides in the Public School System shall hereafter be paid as provided in the salary schedule set forth below. This new salary schedule for teachers and teachers aides shall not take effect until sufficient funds are appropriated for this purpose. Further, as stated in the saving clause of PL 10-35, for teachers and teachers aides that are employed on a contractual basis, such increases shall take effect not only after the aforementioned appropriation, but also only after such teachers and teacher aides have entered into a new contractual agreement that reflects this new salary schedule in accordance with any applicable rules and regulations as promulgated by the Board of Education to implement such increases. Teachers and teacher aides that receive this salary increase, whether they are on-island or off-island hires, and regardless of whether or not they are hired on a contractual basis, shall not receive any kind of housing benefit(s) in addition to their salaries.
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9 (e) The classification and compensation guidelines for the PSS as approved by the legislature through 1 CMC 8213 is hereby amended to incorporate a new salary schedule (see Attachment A ) for principals and vice principals. This expanded salary schedule for principals and vice principals shall not take effect until sufficient funds are appropriated for this purpose. Principals and vice principals that receive this benefit will be required to enter into a contractual agreement that reflects this expanded salary schedule and the requisite obligations in accordance with provisions as promulgated by the BOE. (f) The classification and compensation guideline for the PSS as approved by the legislature through 1 CMC 8213 is hereby amended to incorporate an expanded salary schedule of up to $70,000 for deputy and associate commissioners of education, which shall not number more than the number so employed on December 22, 1997; up to $60,000 per annum for principals, up to $56,000 per annum for vice principals and up to $50,000 per annum for school counselors. This expanded salary schedule for principals, vice principals and school counselors shall be effective subject to availability of funds. Principals, vice principals, counselors, and deputy and associate commissioners of education that receive this benefit will be required to enter into a contractual agreement that reflects this expanded salary schedule and the requisite obligations in accordance with provisions as promulgated by the BOE. Deputy and associate commissioners, principals, vice principals and school counselors that receive this salary increase, whether they are on-island or off-island hires, and regardless of whether or not they are hired on a contractual basis, shall not receive any kind of housing benefit(s) in addition to their salaries. (g) Notwithstanding any other provision of law, this salary act shall allow all civil service employees from grade levels 1 through 35, who are frozen on Step 12 for at least two years, and who have maintained satisfactory performance during such time, a lump sum bonus equal to 5% of the base salary of the employee so affected. Upon continued satisfactory performance, the employee is entitled to such bonus once every two years thereafter using the same formula, provided that the bonus shall only apply if the necessary funding is available by appropriation or lawful reprogramming; and provided further, that each department shall submit and report to the (OMB) Office of Management and Budget the following with regard to any employee that is awarded such bonus: (1) Name of employee. (2) Pay Level and Step. (3) Annual salary. (4) Date since last increase. (5) Position. (6) Amount of bonus. and the above information must be included in the annual budget submission of the Governor. The above provision will also apply to all Commonwealth government employees in federally funded positions applying the Commonwealth Civil Service classification and compensation scales; provided, that if federal funds are unavailable for the said bonus, this section shall authorize expenditure for such, if funds are otherwise available by appropriation or lawful reprogramming.
10 Source: PL 7-31, 4, modified (repealing the former 1 CMC 8213, PL 6-23, 1); amended by PL 10-35, 3; PL 10-78, 3; PL 10-85, 3, modified; subsection (g) redesignated from 1 CMC 8248(d) by PL 11-59, 2, modified. Commission Comment: The salary increases specified in this section of PL 7-31, the Commonwealth Compensation Adjustment and Salary Act of 1991, took effect May 19, PL 7-31, 4 repealed former 1 CMC 8213, 8214 and PL 10-35, the CNMI Public School System Reclassification and Compensation Act of 1996, took effect October 21, According to PL 10-35, 1 and 2: Section 1. Short Title. This Act may be known and cited as the CNMI Public School System Reclassification and Compensation Act of Section 2. Findings. The Legislature finds that there is a pressing need to increase teacher salaries so that the CNMI can recruit and retain qualified teachers. Further, the Legislature finds that a one-item across the board upward salary adjustment of $700 per month per certified teacher (must posses at least a baccalaureate degree from a U.S. accredited college) and a one-time upward salary adjustment of $350 per month per teacher aide (with additional incremental payment for every fifteen credit hours earned that will total to an additional $350 per month available once a baccalaureate degree is obtained) is necessary to be competitive with average teacher salaries in the mainland. PL 10-78, the CNMI Public School Administrator Reclassification Act of 1997, took effect December 24, PL added a new subsection (e) to this section. According to PL 10-78, 1 and 2: Section 1. Short Title. This Act may be cited as the CNMI Public School Administrator Reclassification Act of Section 2. Findings. The Legislature finds that there is a need to provide a salary increase and more career advancement opportunities to recruit and retain qualified principals and vice principals. This is accomplished through an expansion of principal and vice principal grades (From Principal I & II and Vice Principal I & II to Principal I-IV and Vice Principal I-IV) that rewards educational achievement and relevant work experience. Attachment A referred to in subsection (e) is as follows: REVISION TO CLASSIFICATION & COMPENSATION GUIDELINES Code Position Title P.L. Min Mid Max Min. Qual. Req 2281 VICE PRINCIPAL I 30 $22,576 $28,807 $38,601 BA/BS & 2 yrs teaching experience in a multicultural environment plus progressively responsible administrative or supervisory experience in school administration VICE PRINCIPAL II 31 $23,706 $30,246 $40,3521 BA/BS & 3 yrs experience at least two of which must be teaching in a multicultural environment and at least two years progressively responsible experience in school administration VICE PRINCIPAL III 32 $24,889 $31,757 $42,558 BA/BS & 4 yrs combined teaching in multicultural environment and progressively responsible school administration 2284 VICE PRINCIPAL IV 33 $26,131 $33,345 $44,685 BA/BS & 5 yrs
11 experience at least three of which must be teaching in a multicultural environment and at least three years progressively responsible experience in school administration PRINCIPAL I 32 $24,899 $31,757 $42,558 BA/BS & 6 yrs school experience with three years teaching experience in a multicultural environment and three years administrative or supervisory experience PRINCIPAL II 33 $26,131 $33,345 $44,868 BA/BS & 8 yrs school experience at least five of which must be teaching in a multicultural environment and three years progressively responsible experience in school administration PRINCIPAL III 34 $27,437 $35,012 $46,920 MA/MS & 4 yrs school experience combining teaching in a multicultural environment and progressively responsible experience in school administration PRINCIPAL IV 35 $28,807 $38,646 $50,000 MA/MS & 8 yrs school experience at least three of which must be teaching in a multicultural environment and at least five years progressively responsible experience in school administration. PL 10-85, the School Administrator Reclassification Act of 1997, took effect January 9, PL created subsection (b) to this section, however, since subsections (b), (c), (d), and (e) already exists, the Commission codified this new subsection as subsection (f). According to PL 10-85, 1 and 2: Section 1. Short Title. This Act may be cited as the School Administrator Reclassification Act of Section 2. Findings. The Legislature finds that there is a need to provide a salary increase and more career advancement opportunities to recruit and retain qualified principals, vice principals and school counselors. This is accomplished through an expansion of principal and vice principal grades (from Principal I & II and Vice Principal I & II to Principal I-IV and Vice Principal I-IV) that rewards educational achievement and relevant work experience. This is also accomplished for school counselors through upward salary adjustment of up to $700 per month per certified school counselor (must possess at least a baccalaureate degree from a U.S. accredited college enrolled in a Master s Program in Guidance Counseling or related field as approved by PSS) so that school counselor salaries are competitive with average school counselor salaries in the mainland. PL also contained severability and savings clauses as follows: Section 4. Severability. If any provision of this Act or the application of any such provision to any person or circumstance should be held invalid by a court of competent jurisdiction, the remainder of this Act or the application of its provisions to persons or circumstances other than those to which it is held invalid shall not be affected thereby. Section 5. Savings Clause. This Act and any repealer contained herein shall not be construed as affecting any existing right acquired under contract or acquired under statutes repealed or under any rule, regulation or order adopted under the statutes. Repealers contained in this Act shall not affect any proceeding instituted under or pursuant to prior law. The enactment of this Act shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, which shall already be in existence at the date this Act becomes effective. PL 11-59, 2 redesignated 1 CMC 8248(d) as subsection (e) of this section, however, subsections (e) and (f) already existed, so the redesignation was made to subsection (g). PL took effect on February 10, PL contained purpose, severability, and savings clauses as follows:
12 Section 1. Purpose. The Legislature finds that there has been some misunderstanding relative to the procedural mechanism for providing the lump sum salary bonus intended for civil service employees frozen on Step 12 for two years as enacted in House Bill (Public Law 10-76). This Act is intended to clarify the process by providing that the 5% bonus, based on the employee's base salary, is provided to the employee as a lump sum payment every two years once the employee is frozen at Step Section 3. Severability. If any provision of this Act or the application of any such provision to any person or circumstance should be held invalid by a court of competent jurisdiction, the remainder of this Act or the application of its provisions to persons or circumstances other than those to which it is held invalid shall not be affected thereby. Section 4. Savings Clause. This Act and any repealer contained herein shall not be construed as affecting any existing right acquired under contract or acquired under statutes repealed or under any rule, regulation or order adopted under the statutes. Repealers contained in this Act shall not affect any proceeding instituted under or pursuant to prior law. The enactment of this Act shall not have the effect of terminating, or in any way modifying, any liability civil or criminal, which shall already be in existence at the date this Act becomes effective.
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