David S. Demapan, through his counsel Ramon K. Quichocho, told Judge Kenneth Govendo that (1) the Office of the Attorney General was properly served; (2) the court has jurisdiction; (3) the Government Liability Act of 1983, as amended, does not apply; (4) Demapan resigned alleging intolerable working conditions; (5) the appeal to the Superior Court is proper and even encouraged by Fund Administrator Richard S. Villagomez.
Quichocho said his client was forced to resign due to intolerable working conditions.
During yesterday’s hearing, Govendo told the parties he personally knows Richard Waldo, who was mentioned in the lawsuit.
According to the plaintiff, Waldo came to Demapan to retrieve a defective check.
Govendo said if Waldo’s credibility would be a key component in this lawsuit and the judge’s being friendly to Waldo would impact that, he would have to recuse himself.
But Quichocho said Govendo should not recuse himself from the case as there is no impropriety or no disqualifying event.
Govendo asked Fund legal counsel Carolyn Kern to make the motion for the judge to recuse himself when she deemed it needed to be done.
Govendo also asked the parties if there was no quorum on the Civil Service Commission which should have handled Demapan’s appeal.
The judge was told that there was no quorum on the commission, and that the parties agreed that Demapan should appeal to the court.
Quichocho said Demapan’s case involves deprivation of property.
But Villagomez’s counsel David Lochabay said the Fund observes the rules “very carefully” and he did not violate Demapan’s rights.
Demapan filed his complaint on Aug. 15 for wrongful constructive termination, violation of civil rights and administrative appeal.
After hearing from all parties, Govendo took the matter under advisement and stated he would issue a written decision in at least a week.
