Police Sgt. James C. Deleon Guerrero, DPS communication and technology section officer-in-charge, through his lawyer Robert Torres, is asking the court to issue an order to the DPS through Commissioner Santiago F. Tudela to end discriminatory practices, compel compliance with the CNMI Personnel Services System Rules and Regulations and competitive selection process as well as compliance with the salary/merit promotions; direct a DPS-wide desk audit of all civil service employees to evaluate and assess their duties, responsibilities, rank and qualification, within-grade increase eligibility and status, salary status and promotion eligibility.
Guerrero also wants the court to order immediate corrective action to compel DPS to comply with the Civil Service Act and Personnel Services System Rules and Regulations rules governing all civil service ordered employees as to promotion, salary/merit/within-grade increases, competitive selection of all DPS officers similarly situated or disparately treated including Guerrero and Sgt. Thomas Blas Jr. who joined Guerrero’s formal grievance; and an order to end discriminatory practices and disparate treatment within DPS particularly between officers of equal rank and experiences as to hiring, selection, salary increases, and promotion and to direct compliance with such benefits based on merits.
Guerrero said he has been occupying the post as sergeant for several years and was supposed to receive a salary increase to Pay Level 30 under the within-grade increase effective March 4, 2005 but it never took effect as it has been suspended due to austerity measures.
Guerrero said he has not received any within-grade or a merit increase for over 10 years despite several exceptional ratings.
Guerrero cited as example the promotion of PO2 Alfred Celes to Police Sergeant on Dec. 23, 2007 with a salary increase despite his lack of time in service to make him eligible for promotion; the hiring of Paul T. Ogumoro as police sergeant despite the fact that other police officer 3 candidates could have qualified if the promotion had been announced; and the hiring of Sgt. Vicente Tagabuel without announcement or posting.
Guerrero asserts that his grievance is well-founded and mandates corrective action by the DPS, by the Office or Personnel Management and the Civil Service Commission.
Guerrero said he filed his grievance with DPS at least twice but the department ignored it.
Guerrero first filed his grievance regarding Celes with then acting DPS Commissioner Aniceto T. Ogumor on Dec. 6, 2007 but he got no response.
He again filed his grievance with DPS Capt. Lawrence M. Camacho on Dec. 24, 2007 but he said he was ignored.
On April 22, 2009, Guerrero submitted a notice of appeal to an unresolved grievance to the Civil Service Commission which determined that a hearing of the case be denied for lack of sufficient commission board members to hear and decide the appeal.
CSC has seven members and a 2/3 majority is five members but the commission has only four members.
The commission stated that by denying a hearing, Guerrero has exhausted the available administrative remedies and may proceed to have the unresolved grievance heard in Superior Court.
DPS has yet to comment on this issue.
