Felipe Atalig
FOLLOWING the Superior Court’s order reversing the Civil Service Commission’s dismissal of his complaint against the Department of Public Works, Felipe Q. Atalig, the former public information officer for DPW, is now seeking a $200,000 settlement.
In his letter to DPW Secretary Ray N. Yumul, Atalig, who filed his petition for judicial review of his case, on his behalf, about five years ago, said in light of the Superior Court ruling, “I believe it is in the best interest of both parties to reach a settlement. I propose a settlement in the amount of $200,000.”
The original amount he claimed was $352,000. Yumul earlier offered $80,000, which Atalig turned down.
In his letter to Yumul, Atalig said the court’s decision “underscores several critical legal and practical considerations that create significant uncertainty for both sides.” He said a settlement at this stage “allows both parties to control the outcome, reduce litigation costs particularly the unnecessary expense of taxpayer dollars, and avoid the risks inherent in further proceedings.”
He said even though his civil service case has been remanded, “it is far from resolution.”
“Additional proceedings and possibly another Superior Court judicial review are likely, all of which will entail significant time and financial resources. Both parties stand to incur substantial legal fees, costs, and court expenses. Moreover, any decision at the administrative level after remand could result in further appeals, meaning this case could stretch on for years before reaching a final conclusion,” Atalig said.
“A settlement now would allow both parties to avoid the escalating costs and the inevitable drain on taxpayer resources and funds that protracted litigation entails. Rather than investing more time and money into this unnecessary administrative matter … both parties can resolve the matter with finality,” he added.
Atalig said leave-with-pay due to him has continued to accrue, and “may require additional legal action.”
Atalig said notwithstanding his legal position that his termination “was without justifiable basis and is wrongful,” his request for settlement is also “inclusive of the failure to receive his rightful employee pay during the pendency of the administrative process and up to, and including, the pendency of the civil case.”
He noted that the Office of the Attorney General advised DPW more than six years ago that he should have been placed on paid leave until a criminal case was filed against him for alleged sexual harassment, which he denied.
He said despite the OAG’s legal opinion, he was never suspended with pay or placed on administrative leave with pay.
“More importantly, no criminal charges have ever been filed against me in connection with this matter, and no criminal charges can ever be filed as the statute of limitations has run. As such and as noted above, my request to settle this matter is inclusive of the loss of my pay during these past years — more than eight years to be exact,” Atalig said.
He said the $200,000 “is actually quite conservative considering that DPW ignored the advice of the OAG with respect to my lawful right to suspension with pay or administrative leave with pay. While the leave with pay remains a separate and viable legal claim, I am prepared to waive such legal claim with a settlement resolution,” Atalig said.
In March 2018, then-DPW Secretary James Ada terminated Atalig for alleged sexual harassment.
According to Atalig, he and a male co-worker were “joking around” when he placed his hands into his co-worker’s pocket.
He believes that his termination was pretextual, and that the real reason for it was an unrelated workplace dispute between him and DPW Administrative Services Director Peter Camacho.
