AFTER hearing from the plaintiffs and the defendants on Tuesday, Superior Court Associate Judge Joseph N. Camacho said he will issue a written order regarding the nine terminated firefighters’ request to be reinstated to their previous positions at the Department of Fire and Emergency Medical Services.
The plaintiffs, through attorney Joseph Horey, have asked the court to order their reinstatement until a decision has been reached in their lawsuit against DFEMS, and its commissioner, Dennis Mendiola, in his official capacity.
Horey called eight of the nine firefighters to testify on Tuesday, while Assistant Attorney General Abbi Novotny, who represents DFEMS, called Mendiola to testify.
The plaintiffs are Paul T. Acebedo, Jose K. Angui, Allen T. Calvo, Cain C. Castro, Argernon A. Flores, Derek B. Gersonde, Shawn DLR Kaipat, Philip M. Kalen and Adam J. Safer who said they were all civil employees before their terminations.
The eight former firefighters testified that they are not refusing the Covid-19 vaccine on medical or religious grounds. “This is a personal choice,” they added.
It was learned that two of the plaintiffs have valid medical reasons to refuse the Covid-19 vaccination mandate, but they did not apply for the waiver as a personal choice.
Mendiola, for his part, said he tried to transfer the former firefighters to other departments as an alternative to termination, but he was told that the plaintiffs would still be required to get the Covid-19 vaccine if they are transferred to an executive branch agency.
He said CNMI Homeland Security, the Department of Finance, the governor’s office, and Joeten-Kiyu Public Library were some of the agencies he communicated with regarding the proposed transfer of the nine former firefighters.
Assistant AG Abbi Novotny, for her part, opposed the plaintiffs’ motion for preliminary injunction and asked the court to deny it.
She said there is no legal support for the plaintiffs’ claim that DFEMS must provide an exemption for their personal beliefs, adding that those personal beliefs are not comparable to sincerely held religious beliefs.
The former firefighters are asking the court to issue an order declaring their terminations invalid and unlawful, and to set their terminations aside.
The plaintiffs are alleging violation of their constitutional rights to right to privacy, due process, deprivation of rights and property, and violations of equal protection of the laws.
The plaintiffs also want the court to issue an injunctive relief, reinstating as firefighters, with back pay and cost of the suit.
They were terminated for insubordination following their refusal to take the Covid-19 vaccine as required by the CNMI Governor’s Directive 2021-002.
The nine former firefighters confer with attorney Joseph Horey, 2nd left, at the Guma Hustisia on June 29, 2021.
