NINE former firefighters have refiled their complaint against the Department of Fire and Emergency Medical Services, and its former commissioner, Dennis Mendiola, for terminating them after they refuse to take the Covid-19 vaccine.
Represented by attorney Joseph Horey, the plaintiffs — Paul Acebedo, Jose K. Angui, Allen T. Calvo, Cain C. Castro, Algernon A. Flores, Derek B. Gersonde, Shawn DLR Kaipat, Philip Kalen and Adam J. Safer — added acting DFEMS Commissioner Jesse Mesa, in his official capacity only, and the Civil Service Commission as defendants.
The plaintiffs are asking the Superior Court to reverse the decision of the Civil Service Commission affirming the fire department’s adverse action that terminated them for insubordination.
The plaintiffs want the court to issue an order finding their termination “invalid and unlawful.”
They want an order to hold the plaintiffs’ terminations unlawful and to set these aside.
Moreover, they are seeking an injunction reinstating the plaintiffs in their pre-termination positions, with back pay, leave and benefits from the date of their termination.
In addition, the lawsuit is asking for an undetermined monetary award and damage for emotional distress.
In September 2021, Superior Court Associate Judge Joseph N. Camacho granted the request through a stipulation by the parties to dismiss without prejudice the lawsuit of the nine former firefighters against DFEMS and Mendiola.
As part of its findings, the court found that it had no jurisdiction over the plaintiffs’ complaint.
Because the court found it had no jurisdiction, the parties agreed to dismiss the case without prejudice, which meant it could be refiled.
The court found that the former firefighters tried to short-circuit the administrative process and did not engage fully with the administrative process and exhaust all administrative remedies available to them when they filed their lawsuit simultaneously with their appeal.
The former firefighters were terminated for insubordination following their refusal to take the Covid-19 vaccine as required by the CNMI Governor’s Directive 2021-002 issued on Feb. 18, 2021.
On Aug. 3, 2022, the Civil Service Commission denied the former firefighters’ appeal and affirmed the fire department’s decision to terminate them for refusing to take the Covid-19 vaccine.
They refiled their complaint on Dec. 9, 2022.
