ASSOCIATE Judge Wesley M. Bogdan on Monday issued an order denying the CNMI government’s motion to dismiss the petition for judicial review filed by former Department of Public Works public information officer Felipe Q. Atalig who was terminated for sexual harassment.
Atalig, 83, filed his petition for judicial review on Oct. 10, 2020 in response to the Civil Service Commission’s final decision sustaining the termination of his employment in March 2018 by DPW Secretary James Ada.
Ada fired Atalig after receiving a complaint from an engineer who alleged that Atalig touched him inappropriately. The former PIO said he merely put his hand into the engineer’s pocket to “demonstrate a point” during an argument.
Atalig, who has been filing his petitions pro se or on his own behalf, said “the real reason for his termination was an ongoing power struggle” between him and one of DPW’s directors.
In his May 2 order, Judge Bogdan noted the following:
1) In 2017, a conflict began between Petitioner and [Technical Services Division] Director Antonio Camacho concerning issues such as: whether employees were granted paid leave on certain holidays; denials of requested employment condition accommodations; and Petitioner’s transfer to the Water Department communicated to him on March 9, 2019.
2) On that same day — March 9, 2019 — it is alleged Petitioner put his hand into the front pants pocket of a coworker and touched a co-worker’s genitals.
3) The Department of Public Safety was called to investigate the workplace incident and detained Petitioner for assault and battery and disturbing the peace.
4) Petitioner was released on March 10, 2019 and has not been criminally charged.
5) On March 14, 2019, Employer issued a Notice of Proposed Action – Removal (related to Petitioner’s alleged violation of Employer’s Sexual Harassment Policy).
6) On May 4, 2019, Petitioner was terminated based on Employer’s Zero-Tolerance Policy concerning sexual harassment.
According to Atalig, Attorney General Edward Manibusan’s had advised the DPW secretary that “until criminal charges are filed, Mr. Atalig must remain on the payroll [and] given the nature of the allegation against him, it would be proper for him to be suspended with pay or placed on administrative leave with pay during the notice of period. At such time as criminal charges are filed, his status may be moved to suspension without pay.”
Judge Bogdan’s order states that “Petitioner has alleged several causes of action against the Commonwealth, and in particular against Director Antonio Camacho, that could, if established and proven true at trial, support the conclusion that the Administrative Decision regarding Petitioner’s dismissal was made in an arbitrary and capricious manner. Specifically, Petitioner alleges termination was based on interpersonal conflicts between himself and Director Camacho.”
The judge added, “Petitioner further alleges consent in the form of horseplay and behavior that could negate or lessen a sexual harassment charge, if proven by credible witnesses. Petitioner further alleges that proper punishment for his alleged actions would more properly require a lesser disciplinary measure — something other than termination.”
“Together,” the judge said, “as Petitioner alleges, these factual allegations could form a foundation for a finding of arbitrary and capricious agency action.”
Delighted
In a phone interview on Monday, Atalig, who was undergoing medical treatment on Guam, said he was “delighted” with the judge’s decision. He said it was his second time to “win” a case appearing on his behalf or pro se.
In 2006, Atalig, who started working for DPW in 2003, was terminated, but was reinstated after a successful legal challenge in 2010.
Atalig said “in spite of all the turbulence encountered” he is determined to defend his rights.
Former Marianas District Legislature and Congress of Micronesia member Felipe Q. Atalig joins the road-side waving activity of independent gubernatorial candidate Lt. Gov. Arnold I. Palacios and running mate Saipan Mayor David M. Apatang on Friday at the San Jose traffic light intersection.
