Previous Story
Ex-PSS chief’s suit vs BOE, members dismissed
Citing the Superior Court’s lack of jurisdiction over the issue, Associate Judge Kenneth L. Govendo dismissed without prejudice yesterday the wrongful termination lawsuit filed by former education chief Cynthia I. Deleon Guerrero against the Board of Education and its members.
That means Deleon Guerrero can re-file her lawsuit.
In granting the motion to dismiss, Govendo determined that the board is covered by the Government Liabilities Act and that Deleon Guerrero failed to comply with the procedural requirements of the GLA.
Govendo dismissed the case in its entirety until such time that Deleon Guerrero complies with GLA’s procedural requirements.
The judge noted that the issues were poorly briefed by both parties. He encouraged the lawyers to familiarize themselves with the GLA.
Brien Sers Nicholas is counsel for Deleon Guerrero. Special assistant attorney general Tiberius D. Mocanu is counsel for the Office of the Attorney General. Mocanu used to be a legal counsel for the Public School System.
Deleon Guerrero sued BOE and its members for allegedly terminating her last October as PSS commissioner in violation of due process. She accused the defendants in conspiring to violate her due process rights, wrongfully terminating her, and breaching her employment contact. She is demanding $350,000 in damages.
Deleon Guerrero alleges that her termination was done in retaliation for her questioning BOE’s micromanagement of PSS and her refusal to illegally transfer $175,000 to the board’s account.
