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Civil Service dismissed from suits
Superior Court Associate Judge Joseph N. Camacho has dismissed the Civil Service Commission as a co-defendant in separate discrimination lawsuits filed by police captain Lawrence M. Camacho and police officer 3 Jason T. Tarkong.
The judge issued the dismissal after Camacho and Tarkong, through their counsel Robert T. Torres, and CSC, through assistant attorney general Michael Witry, agreed to the partial dismissal of the cases.
The agreement resolves CSC’s role in the cases. That leaves the Department of Public Safety as the remaining defendant. It also means the judge shall hear Camacho’s and Tarkong’s grievance, including DPS’ motion to dismiss the matter.
Camacho, a 25-year veteran in the CNMI’s police force, asked for judicial review and an injunction against DPS and CSC for allegedly not selecting him to be the director of police despite being the only one qualified.
Tarkong, also a 25-year veteran in the CNMI’s police force, filed the same petition against DPS and CSC for alleged discrimination after he was not promoted to sergeant.
Camacho and Tarkong, through Torres, have asked the court to stop CSC and DPS from filling the vacant positions until the court complete its review.
Camacho and Tarkong asked the court to, among other things, compel DPS and CSC to comply with the Personnel System Rules and Regulations and the competitive selection, merit increases, and promotion processes.
Last Wednesday, the parties filed an agreement that resolves the issue against CSC.
CSC stipulates that its inaction on Camacho’s and Tarkong’s grievances “is and has been at an end.”
CSC has conceded it cannot review or hear Camacho’s and Tarkong’s grievance due to its lack of resources. CSC gave notice that its inaction is an effectual denial of a hearing and is a final agency action.
The judge accepted the CSC’s determination. He also determined that Camacho and Tarkong have exhausted their administrative remedies with CSC.
