In his six-page opposition, Deleon Guerrero, through his counsel Robert T. Torres, said DPS has asked the court to amend its proposed order setting guidelines for judicial review and to deny the request of police officers to join the complaint to resolve the grievances in this case without even responding to the petition for judicial review he filed in court.
Torres said in its motions, DPS avoids or ignores the problem arguing procedural concerns and apparently finds that the concerns of over 20 police officers merit no inclusion on an issue of compliance with the Personal Service Rules and Regulations.
Torres added that the DPS motions are curious in several respects.
He said the motion to deny rejoinder for failure to exhaust administrative remedies is equally pointless given that the Civil Service Commission’s admission that it cannot or will not perform its decisional obligations.
Torres said DPS ignored two informal grievances and has declined to exercise its experience or expertise.
He said the government, too has failed to respond to Deleon Guerrero’s complaint and request for relief.
The lawyer added that either the government failed to get the gist of the court’s proposed procedural order, or it failed to read the petition for judicial review.
Torres stated that if the government bothered to read the petition and responded to it before seeking an amendment to the court’s proposed order, it would have discovered that Deleon Guerrero was seeking an evidentiary hearing and formal discovery in order to fully develop his record.
Deleon Guerrero has requested that the government answer the allegations and that some discovery be provided.
The government, through Assistant Attorney General Meaghan Hassel-Shearer, filed its motion on June 15, asking the court to amend the proposed order to deny Deleon Guerrero’s joinders for failure to exhaust administrative remedies.
The government said that Deleon Guerrero filed his petition for judicial review with the court on May 7 on the grounds that DPS unlawfully withheld or delayed compliance with the Commonwealth Salary Act of 1988 and the Civil Service Act; that DPS failed to follow competitive selection process; that DPS unlawfully hired individuals; and that its actions in regards to the competitive selection process, salary determination, merit increases and promotions were arbitrary and capricious.
The government stated that Deleon Guerrero sought the assistance of 24 police officers to join his appeal but he has offered no evidence that these individuals have followed the civil service commission regulations for employee grievances.
In sum, the government said the 24 individuals who seek to join Deleon Guerrero’s appeal must be dismissed as they have failed to follow the procedures or filed informal grievances with DPS.
