Memo finds Apatang lacks authority to suspend paid holiday leave
SAIPAN – A legal review from the Senate Legislative Bureau has concluded that Governor David M. Apatang’s directive to make certain legal holidays unpaid conflicts with existing Commonwealth regulations and may not be enforceable.
The opinion, prepared by Senate Legislative Counsel Jose A. Bermudes, examined Directive 2026-008, which lists seven holidays between October 2025 and July 2026 as “unpaid.” The memorandum points to the Northern Mariana Islands Administrative Code § 10-20.2-346, which mandates that “all government employees shall receive leave with pay on each legal holiday.”
According to the review, that regulation guarantees both leave with pay and compensation for work performed on legal holidays. The counsel emphasized the language is mandatory, not discretionary, meaning the directive directly conflicts with the law.
The memorandum further explains that while the governor, as chief executive, may issue administrative and budgetary directives, executive orders cannot override statutory law or duly enacted regulations. Unless a statute grants temporary emergency powers or authorizes unpaid furloughs during a financial crisis, the directive would exceed executive authority.
The counsel also drew parallels between the directive and austerity furloughs, noting that courts have upheld furloughs only when explicitly authorized by law. Without such enabling legislation, the governor’s attempt to declare holidays unpaid “contradicts existing employee entitlements.”
If the directive is enforced, employees could file labor complaints with the Department of Labor or pursue grievances through the Civil Service Commission. The matter could also reach the CNMI Superior Court to determine whether the order is beyond the governor’s power.
The memorandum concludes that unless the legislature authorizes unpaid holidays through statute or formal rulemaking, Directive 2026-008 appears legally invalid and open to employee challenge.
