DEPARTMENT of Fire and Emergency Medical Services Commissioner Dennis Mendiola on Monday said termination notices were sent to the nine firefighters who refused to get the Covid-19 vaccine.
Mendiola said the termination notices were reviewed and signed by the Office of Personnel Management and the Attorney General’s Office.
Variety obtained a copy of a notice of proposed adverse action-termination addressed to one of the firefighters. It was dated March 19, 2021 and stated that it was pursuant to NMIAC § 10-20.2-257, was reviewed by OPM Director Frances Torres Salas who signed it on April 9, 2021, and by AG Edward Manibusan who signed it on April 12, 2021.
The notice stated that it “shall serve as 30 [days’] advance written notice of the decision to terminate you from your employment with the DFEMS.”
According to the “Narrative Summary of Allegations,” on Feb. 18, Directive No. 2021-002 was issued “mandating all executive branch employees to be vaccinated against Covid-19…. Frontline staff were given priority to this mandate due to the mere fact that you are a frontline personnel with duties to transport and interact with potentially infected members of the community as part of your sworn duties and responsibilities. This requirement to be vaccinated was the first step in ensuring that you, your co-workers, and the community you serve are protected against this deadly virus. Your failure to adhere to this directive is considered insubordination to issued government/department policy. The Directive…stated that employees may provide an exemption request based on two criteria: 1) a medical exemption or 2) a religious exemption. Currently you have not claimed either exemption.”
The notice, which was signed by Commissioner Mendiola, stated that the firefighter “may respond, in defense and mitigation, to the proposed adverse action within twenty calendar days of the receipt of this letter, either personally or in writing. Should you choose to submit a response, you may submit information and evidence with your response. I will arrange to meet with you for a pre-decision hearing upon your request…”
Mendiola added, “You may also request an Informal Administrative Conference to meet in person with management and respond personally to this letter. The conference would be held at the OPM and a member of their staff would facilitate the conference.”
Mendiola said, “After receiving your written response and/or listening to your oral response, if you request a conference, this office will issue a written final decision stating which of the reasons listed in this advance notice have been found to be sustained and which have been found not sustained.”
According to Mendiola, “You will have the right to appeal the final decision to the Civil Service Commission.”
In a statement to Variety on Monday, Rep. Edwin Propst said the dates of the notices indicated that the firefighters “aren’t being given 30 days to respond to the termination letter.”
Propst earlier asked community members to have compassion for the firefighters facing termination for their refusal to take the Covid-19 vaccine.
He noted that “neither federal government employees nor military troops and personnel are required to take the vaccine.”
There were originally 23 firefighters who did not want to get the Covid-19 vaccine. They said they would take action against the CNMI government if they were terminated from their jobs.
