Wiseman told Robert Torres, counsel for plaintiff Sgt. James C. Deleon Guerrero and 25 other officers, and the Attorney General’s Office which represents DPS, to file their proposed findings of fact and conclusions of law.
Deleon Guerrero is accusing DPS of failing to comply with the promotion, salary/merit increase and competitive selection process regulations under the law. His complaint was filed on May 9, 2009.
Subsequently, the trial court granted on June 23, 2009 Deleon Guerrero’s motion to add 25 police officers in the case.
The complaint stated that AGO investigator Paul T. Ogumoro was hired as a police sergeant when there was no vacancy announcement made within DPS.
It also cited the case of Sgt. Vicente Tagabuel who rejoined DPS after 10 years and is getting paid higher than Deleon Guerrero.
During the evidentiary hearing, former DPS Commissioner Santiago F. Tudela denied that Governor Benigno R. Fitial ordered him to rehire Tagabuel.
Deleon Guerrero insists that there was an instruction from the governor.
The judge in his February order granted in part the plaintiffs’ and defendant’s motion for summary judgment.
“After reviewing both arguments, the court finds that an issue of material fact still exists since defendant contends that the hiring of Tagabuel and Ogumoro was in compliance with the competitive selection process, whereas, plaintiffs provide contrary evidence showing that Tagabuel’s position was never announced, but instead Tagabuel was hired on instructions from the governor,” the judge stated in his order.
“Moreover, plaintiffs contend that no announcement was ever given for the Ogumoro hire who was hired notwithstanding the fact that [another individual] was rated higher than Ogumoro on the eligibility list,” he added.
