FORMER Retirement Fund Administrator Juan S. Torres yesterday re-activated his civil action against the Retirement Fund and the CNMI Workers’ Compensation Commission over his alleged wrongful termination.
Torres filed a proposed first amended complaint. He said he was terminated for a second time in Nov. 2001 and that there had been substantial changes in the composition of the Retirement Fund’s board of trustees.
In the amended complaint, Torres added causes of action against the defendants for alleged breach of contract, wrongful termination and invasion of privacy.
The plaintiff, through attorney Michael W. Dotts, also asked the Superior Court to disqualify Kathleen Troy-Rucker, the Fund’s legal counsel, from acting as respondents’ counsel of record in the case.
Troy-Rucker is a necessary witness to central facts concerning several issues in the case, Dotts said.
When reached by the Variety yesterday, Troy-Rucker said she would not comment because she had not seen the court papers.
Torres requested the court to issue a judgment declaring that the Aug. 29, 2001 notice of termination “is null and void for failure to adhere to the law.”
Torres also asked the court to declare his second termination on Nov. 15, 2001 null and void for failure to adhere to the law.
He asked for damages from the Fund. He said the Fund’s board chairman, Vicente Camacho, should also be fined for alleged violations of the Open Government Act.
He demanded damages from the Fund for wrongful termination, breach of contract, and invasion of privacy. He also sought damages from Camacho for his alleged interference with his contractual relations with the Fund.
Last November, the board filed a lawsuit against the Fund for firing him during an alleged illegal executive session.
But the Superior Court denied Torres’s request to stop the Fund from terminating his employment.
The board re-terminated Torres last November during a meeting. The board also rejected any form of settlement negotiation with Torres, but agreed to grant him back pay.
