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Gov’t sued for unlawful termination
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Posted on Aug 25 2000
A former government employee filed a civil complaint yesterday in the U.S. District Court against the CNMI government, claiming unlawful termination from her job at the Governor’s Developmental Disabilities Council.
Emerencia Peter-Palican from Saipan now wants her government job back, aside from seeking undetermined amount in damages, including attorney’s fees and litigation costs, arising from her termination in December 11, 1997.
In her suit filed by lawyer Douglas F. Cushnie, she named as defendants Director of Personnel Mathilda A. Rosario, and GDDC Executive Director Thomas J. Camacho, in his official and individual capacity.
Ms. Palican accused these officials of ignoring an order by the local Civil Service Commission for her reinstatement to her former or comparable job in the government as well as entitlement for back pay and benefits.
Mr. Camacho had fired her from the council for unsatisfactory performance — a decision the plaintiff appealed to the civil service in January 1998, according to the complaint.
It said that in November 1998, Ms. Rosario asked the GDDC official to correct his rating of Ms. Palican’s performance as it could not be justified.
But Mr. Camacho “deliberately failed and refused to make such corrections” since the rating was the basis for her termination, the complaint added.
The civil service then ruled in January last year that Mr. Camacho had no authority to sack his employee, which it upheld after the official appealed the decision to reinstate her.
Ms. Palican claimed she had repeatedly contacted the personnel’s office to effect her return to government service under the ruling that was never enforced.
Because of the unlawful termination, she has been unable to pay obligations due to a total lack of income which has resulted in the destruction of her credit rating, loss of her home, transfer of her children from private to public schools as well as severe emotional and physical distress, the complaint said.
The court has given the defendants 20 days to respond to the complaint. Mr. Camacho or Ms. Rosario could not be reached for comment on the case.
