By Gina Tabonares
Variety News Staff

AN EMPLOYEE of the A.B. Won Pat International Airport fired from his job after tampering with a power meter was reinstated by the Civil Service Commission, which ruled that the worker’s dismissal was severe.
By a 4-1 vote, the commissioners said the airport management erred in terminating Kenneth Terrell although they recognized that taking an adverse action against the employee was proper.
Terrell was assigned at the airport parking lot and a tourist complained him of an inappropriate action.
The airport management filed a notice of proposed adverse action after an investigation showed that the act did occur.
Terrell admitted to the act and was given a 20-day suspension and with a warning that further action may result in a more stringent disciplinary action, including dismissal.
While serving his suspension, a death in the family occurred. At the time, power at Terrell’s home was cut due to non-payment of power bill.
Terrell, who stated that he was having a rosary at the house, and whose refrigerator was filled with food, said that he “panicked” and illegally re-connected the power back at his home.
After borrowing money from one of his children, Terrell paid his power bill, reconnection fees and penalty.
The airport employee stated that his daughter paid the bill and was informed by an unknown representative of the Guam Power Authority that they will not pursue the matter.
The airport management subsequently dismissed Terrell, prompting the employee to file his appeal with the Civil Service Commission.
The employee argued that there were no facts presented whether a criminal charge was filed or whether one is pending.
By a vote of 5-0, the commission ruled that the action taken by management to issue an adverse action was appropriate; however, the determination to dismiss the employee was inappropriate.
The commission recognized the findings that the employee was forthcoming in admitting that he did tamper with the power meter and did so out of panic because a rosary was ongoing at his home and that the food may spoil if power was not restored.
In reviewing the situation, the commissioners ruled that there were mitigating circumstances that arose: the death of a family member and that the rosary was in the employee’s house.
The commission emphasized that no evidence was presented that the employee was criminally charged.
The commission, however, said that there will be no retroactive pay or benefits to be given to Terrell from the date of his dismissal to Feb. 22, 2007.
The employee was also ordered to take and pass any pre-employment test.