HAGÅTÑA (The Guam Daily Post) — A psychiatric technician and a former program coordinator at the Guam Behavioral Health and Wellness Center are challenging adverse actions taken against them by the agency through appeals at the Civil Service Commission.
Psychiatric technician Mahmoud el Sayeh was handed a five-day suspension in mid-June, a decision he called unfair, unjust and retaliatory, as well as procedurally defective.
In a more serious action, Deborah Duenas, a program coordinator, was terminated in late April. Duenas alleges discrimination based on the Americans with Disabilities Act, a failure to provide basic adequate care to ensure her duties could be performed, and several other issues in her appeal.
A status call for Duenas’ case was rescheduled to late July, but a status call for el Sayeh’s case took place Thursday morning.
GBHWC Director Theresa Arriola wasn’t present. It was stated during the status call that Arriola wouldn’t appear at the meeting because she didn’t have legal representation.
The Office of the Attorney General has provided legal representation to agencies such as Behavioral Health in cases before the CSC, but, according to AG Douglas Moylan, the office now has a policy to work with directors on a case-by-case basis, as well as to provide guidance they may need, due to a shortage of attorneys.
Moylan said his office will be in communication with Arriola.
El Sayeh
According to the adverse action against el Sayeh, an incident report was developed by a social worker because el Sayeh had reportedly expressed knowledge of a cover-up in the Adult Inpatient Unit regarding two consumers. Because of that incident report, a psychiatric technician was placed on two days of administrative leave pending an investigation. A report was filed with Adult Protective Services due to the incident report.
When el Sayeh was asked about the report, he denied he had said anything regarding a cover-up at the Adult Inpatient Unit, according to his adverse action. Because of his “denial and misstatement,” the report filed with Adult Protective Services had to be recalled and the administrative leave placed on the psychiatric technician had to be recalled as well.
There were prior incidents in which el Sayeh was reportedly discourteous, disobedient or insubordinate.
Duenas
Duenas was terminated for allegedly refusing to perform her duties and for alleged insubordination and unauthorized absence. Her adverse action shows a timeline spanning from March 2021 to April 2023 marking various issues, such as reprimands for absences, unsatisfactory performance ratings and not turning in leave forms.
Duenas stated in a grievance that she had been caring for her spouse and a child. But at some point, the issue turned to her worsening mental health. She described a series of events in which she said she experienced difficulty getting responses or help for her mental health concerns.
In her appeal, Duenas stated there is a dispute over leave forms being approved or disapproved due to inconsistencies. She also cited a failure of Behavioral Health management to reply or respond to multiple requests to meet, and stated it was a violation of federal labor law to take adverse action against an employee on the basis of a disclosed mental health disability.
The entrance to Guam Behavioral Health and Wellness Center in Tamuning is shown March 21, 2023. A psychiatric technician and a former program coordinator at Behavioral Health are challenging adverse actions taken against them by the agency through appeals at the Civil Service Commission.
