Deleon Guerrero, through his lawyer Robert T. Torres, said “one cannot help but wonder if the DPS counsel took the time to read the petition at all. Perhaps, the Court should conduct its own assessment of the worthiness of the motion to see if sanctions should be imposed.”
“Is DPS counsel serious in suggesting that the 26 officers comprising one third of the DPS workforce, separate and leave a community subject to protection by rookie and inexperienced officers? The suggestion is as mind-numbing as it is a hallmark of a disconnected and unaccountable government,” Torres stated.
He said Deleon Guerrero’s petition is based on several issues — DPS unlawfully withheld or unreasonably delayed compliance with the Commonwealth Salary Act of 1998, particularly in disregarding promotion and salary/merit increase regulations; DPS failed to follow the competitive selection process for civil service employees; the hiring of Alfred Celes, Paul T. Ogumoro and Vicente Tagabuel was unlawful; the department’s actions regarding civil service employees as to the competitive selection, process, salary determinations, merit increases and promotions were arbitrary, an abuse of discretion and not in accordance with the law.
“The court should take judicial notice that the request for a DPS-wide desk audit is consistent with the governor’s 2006 State of the Commonwealth Address announcing his intent to have a desk audit for all civil service positions,” Torres said.
He pointed out that while many civil service employees, like the 26 police officers, have not seen a pay increase in years, the austerity regulation has not deterred the pay increases of some service employees including the very recent pay increase of an assistant attorney general.
“So goes the argument of economic hardship and financial difficulties and the apparently very leaky faucet of government funding,” he said.
DPS, represented by Assistant Attorney General Meaghan Hassel-Shearer, asked the court to dismiss Deleon Guerrero’s petition for judicial review on June 24.
DPS said Deleon Guerrero and the 25 other police officers who supported his claims must provide a more definite statement of discrimination and disparate treatment.
