§ 2051.  Office of the Governor.
There is in the Commonwealth government the office of the Governor, composed
of the Governor, the Governor’s Council, and offices and functions as set
forth within Part 2 of Executive Order 94-3 as amended, the provisions of which
are incorporated by reference, including resident office of Special Assistants to
the Governor. All such positions are exempt from civil service.

Source: PL 1-8, tit. 1, ch. 1, § 1, modified; repealed and reenacted by PL
13-1, § 4(a).

Commission Comment: The “Governor’s Council” consists of mayors and
the Governor’s Executive Assistant for Carolinian Affairs; its purpose is to advise
the Governor on local matters. See N.M.I. Const. art. VI, § 5.

As enacted, this section purported to require advice and consent of the Senate
for the Governor’s appointments to the positions described in subsections
(a), (b), (c) and (e). That portion of PL 1-8, tit. 1, ch. 1, § 1 was ruled unconstitutional
in Mafnas v. Camacho, Civ. No. 80-0012 (D.N.M.I. Oct. 21, 1980).
The Commission omitted the unconstitutional language in this codification.

Executive Order 94-3, the “Second Reorganization Plan of 1994” (effective
August 23, 1994), reorganized the Commonwealth government executive
branch, changed agency names and official titles and effected numerous other
revisions. According to Executive Order 94-3, §§ 101, 102, 201-204, 210, 211,
213-216:

Section 101. Special Assistant for Management and Budget. The
Special Assistant for Planning and Budgeting is re-designated the Special
Assistant for Management and Budget and shall head the Office of
Management and Budget.

Section 102. Special Assistant for Public Liaison. The Special
Assistant for Political Affairs is re-designated the Special Assistant to the
Governor for Public Liaison and shall head the Office of Public Liaison.

. . . .
PART 2. OFFICE OF THE GOVERNOR

Transfers, abolishments, creations, and changes in functions and
duties, not otherwise provided for, relating to the Office of the Governor
are hereby effected as set forth in this part.

Section 201. Passports and Certificates of Identity. The functions of
the Attorney General and the Immigration and Naturalization Officer
(including those as Chief of Immigration) relating to Certificates of
Identity or United States passports are transferred to the Governor and
delegated to the Special Assistant for Administration. The Special
Assistant for Administration may designate any qualified officer or
employee of the Commonwealth Government to serve as an examining
officer pursuant to 3 CMC § 4126.

Section 202. Planning and Management Functions.

(a) There is hereby established a Planning Office in the Office of

the Governor, which shall have at its head a Special Assistant for

Planning, who shall be appointed by and serve at the pleasure of the
Governor.

(b) The planning functions of the Special Assistant for
Management and Budget, other than those relating to land use
planning, are transferred to the Special Assistant for Planning.

(c) The functions of the Special Assistant for Management and
Budget relating to land use planning are transferred to the Secretary of
Lands and Natural Resources.

(d) The Special Assistant for Management and Budget shall, in
addition to any other duties, be responsible for improving and
coordinating the management of the Commonwealth Government. In
this regard, the Special Assistant shall ensure discipline in government
programs and activities for consistency with the Governor’s policies
and budget, improve government efficiency by reducing duplication
and overlaps between and among agencies, and assist department and
activity heads in internal organization and management to achieve
maximum effectiveness at minimum cost to the taxpayers.
Section 203. Special Assistant for Youth. [Section 203 VACATED
by PL 11-47, § 2; REPEALED in entirety by PL 12-67, § 14]
(a) There is established the Office of Youth Affairs, which shall
have at its head a Special Assistant for Youth, who shall be appointed
by and serve at the pleasure of the Governor.

(b) The Special Assistant for Youth shall coordinate all
Commonwealth Government programs and activities for youth. The
Special Assistant may also conduct programs and activities for youth
that are not being conducted by other agencies and, in particular, may
develop and implement innovative programs and activities for youth.

(c) As used in this section, the term “programs and activities for
youth” means programs and activities with substantial participation
by, or designed for the benefit of, non-delinquent and non-criminal
individuals under the age of twenty-three years, except primarily
academic programs of the Public School System or the Northern
Marianas College, and except primarily medical programs of the
Department of Public Health.
Section 204. Constitutional Officers.

(a) The following officers and their respective offices are
transferred to the Department of Community and Cultural Affairs:

(1) Executive Assistant for Carolinian Affairs;
(2) Special Assistant for Women’s affairs; and
(3) Resident Executive for Indigenous Affairs.
(b) Except as provided in subsection (c) of this section, the
Secretary of Community and Cultural Affairs shall coordinate the
activities of the officers and offices transferred pursuant to this section
to reduce or eliminate conflict and overlaps and to promote
productivity and efficiency.

(c) Notwithstanding the provisions of subsection (b) of this section,
all rights, powers, and responsibilities of the officers transferred
pursuant to this section shall be preserved as set forth in the
Constitution and shall not be derogated by he Secretary of Community
and Cultural Affairs. For example, pursuant to the Constitution, the

Executive Assistant for Carolinian Affairs, without the permission of
the Secretary, may require information in writing (even from the
Secretary), conduct investigations, report findings, and make
recommendations to the Governor.

. . . .

Section 210. Public Liaison. The Special Assistant for Public Liaison
shall coordinate the government’s participation in community events and
celebrations and provide outreach to various organizations, association,
and other groups.

Section 211. Scholarships.

(a) All functions of the Northern Marianas College Board of
Regents relating to student scholarships, except those donated,
bequeathed, or granted to the College by parties outside the
Commonwealth Government, are transferred to the Office of the
Governor.

(b) There is hereby established in the Office of the Governor a
Scholarship Advisory Board consisting of nine members who shall be
appointed by and serve at the pleasure of the Governor. At least two of
the members shall be from Tinian, and at least two from Rota. Not
more than five of the board members shall be associated with a single
political party. The Board shall review applications for scholarships
and make recommendations to the Governor with respect thereto. The
Board shall also recommend objective standards for the award of
scholarships. The provisions of [PL 8-41] shall not apply to the Board.

(c) As used in this section, the term “scholarships” includes student
grants, student loans, and other programs of student financial
assistance.

. . . .

Section 213. Board of Parole. [REPEALED by PL 11-8, § 6]
(a) The Board of Parole is allocated to the Office of the Special
Assistant for Administration for purposes of administration and
coordination. After the effective date of this section, appointments to
the Board shall be made by the Governor with the advice and consent
of the Senate.

(b) Subsection (a) of 6 CMC § 4205, relative to probation, is
repealed and succeeding subsections re-designated accordingly.

(c) [1 CMC § 4207] is revised to read as follows:
“§ 4207. Board of Parole: Staff.

The Special Assistant for Administration shall provide staff
support to the Board, including a Probation Officer who shall have
the power of arrest of persons under the jurisdiction of the Board.”
(d) Any existing staff of the Board of Parole is transferred to the
Office of the Special Assistant for Administration.
Section 214. Personnel Management. [REPEALED &
REENACTED by PL 12-54; REINSTATED in entirety by PL 13-1 §
3; REPEALED by PL 17-80 (Section 214 and PL 12-54 not revived
by repealer) ]
Section 215. Special Assistant for Drugs & Substance Abuse.

(a) There is established in the Office of the Governor the Office of
Drugs and Substance Abuse, which shall be headed by a Special
Assistant for Drugs and Substance Abuse, who shall be appointed by
and shall serve at the pleasure of the Governor.

(b) The Special Assistant for Drugs and Substance Abuse shall
coordinate all activities of the Commonwealth Government relating to
drugs and substance abuse, including education, prevention,
interdiction, enforcement, treatment, and rehabilitation.

(c) The heads of Public Health and Environmental Safety, Finance,
Community and Cultural Affairs, Public Safety, and all other relevant
agencies shall advise the Special Assistant regarding programs and
activities of their respective offices and departments relating to drug
control and substance abuse and shall coordinate such programs and
activities with each other and with the Special Assistant; provided,
that nothing in this subsection shall be taken to require advice or
coordination where such action would compromise a pending
investigation or legal proceeding or would violate any law.

The Special Assistant shall also coordinate with private and
voluntary organizations, religious groups, businesses, health care
practitioners (including practitioners of traditional medicine) and other
persons or groups in the Commonwealth expressing an interest in
controlling drugs and combating substance abuse.

(d) The Special Assistant may stimulate or supplement programs
and activities conducted by other agencies, or may initiate new
programs and activities, subject to the availability of funding.

(e) All applications for grants or grant renewals from the Federal
Government or other sources in the areas of drug control and
substance abuse shall be coordinated by and require the approval of
the Special Assistant.

(f) The Special Assistant shall utilize funds appropriated or
otherwise available to the Office of the Governor and designated for
such purpose by the Governor and may, with the approval of the
Governor, employ staff or procure the services of independent
contractors.

(g) The position of Special Assistant for Drugs and Substance
Abuse shall continue in existence for four years from the effective
date of this order. If still needed, it may be renewed thereafter by a
subsequent Executive Order.
Section 216. Emergency Operations. The Disaster Control Office
and the Office of Civil Defense are consolidated in a Division of
Emergency Operations within the Office of the Governor, which shall
have at its head a Director of Emergency Operations.
The full text of Executive Order 94-3 is set forth in the commission comment to
1 CMC § 2001.

Section 1 of PL 11-47 that vacated section 203 above, stated the following
findings and Section 3 of PL 11-47 effectuated further changes in the Office of
the Governor. The text of sections 1 and 3 are as follows:

Section 1. Findings. The Legislature finds that the re-organization of
the government pursuant to Executive Order 94-3, § 204 (“E.O. 94-3”)

unnecessarily and unconstitutionally removed constitutional officers from
the Office of the Governor. The Legislature further finds that E.O. 94-3,
§ 303(a) placement of the Criminal Justice Planning Agency (CJPA),
Youth Advisory Council and the Council for the Improvement of the
Criminal Justice System within the Department of Public Safety does not
advance realization of, and is inconsistent with, their respective mission
and duties. of these entities and thus, it is in the public interest for them to
be placed within the Office of the Governor. The Legislature intends that
this Act shall repeal each and every section of E.O. 94-3 which affect in
any manner whatsoever the functions, locations, and duties of the
Executive Assistant for Carolinian Affairs, Special Assistant for
Women's Affairs; and Resident Executive for Indigenous Affairs as well
as CJPA, Youth Advisory Council and the Council for the Improvement
of the Criminal Justice System.

Therefore, it is the purpose of this Act that these agencies, officers,
and councils shall be considered as part of the Office of the Governor.

. . .

Section 3. Placement in the Office of the Governor. The following
officers, offices, agencies and councils shall be considered as part of the
Office of the Governor and any funds, records, property and personnel
transferred pursuant to §§ 503, 504, and 505 shall revert to the respective
officer, council, and agency which retained control prior to the enactment
of E.O. 94-3:

Executive Assistant for Carolinian Affairs;
Special Assistant for Women's Affairs;
Resident Executive for Indigenous Affairs;
Criminal Justice Planning Agency;
Youth Advisory Council; and
Council for the Improvement of the Criminal Justice System.
PL 13-1 took effect February 13, 2002. The full text of EO 94-3 is set forth
in the comment to 1 CMC § 2001. Contained in PL 13-1 were the following
findings and purpose, repealer, reenactment, transfer, and severability clauses:

Section 1. Findings and Purpose. The Legislature finds that staff
positions under the Office of the Governor, Office of the Lieutenant
Governor, Office of the Resident Representative to the United States, and
the Municipal Councils for each Senatorial District rightfully should be
exempt from the civil service. For obvious policy reasons, each
administration should be allowed the discretion and flexibility to
determine its own staffing requirements to more efficiently and
effectively meet its goals and objectives. Along with this, the term
“executive position” should be defined to clarify the positions that are
intended to be exempt from civil service under 1 CMC 8131 (a)(6). The
Legislature finds that the Office of Personnel Management should be
returned to the control of the Office of the Governor for purposes of
administrative efficiency.

Section 2. Repealer. Pl 12-54 is hereby repealed in it entirely.
Section 3. Re-enactment. Executive Order 94-3, Section 214 is hereby
reinstated in its entirety.

. . .

Section 5. Transition. Any Commonwealth government employee who
loses civil service status as a result of this Act shall, for a period of three
years, have reemployment rights for any civil service position for which
he or she is qualified, and shall be entitled to transfer into such
employment pursuant to applicable rules, regulations and procedure.

Section 6. 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.
