OAG: DPS busy with Soudelor recovery

The Office of the Attorney General said then-police captain and now major Lawrence M. Camacho complained to the Civil Service Commission about the Department of Public Safety’s lack of response to his grievance at a time when DPS personnel were working around the clock after Saipan was hit by devastating Typhoon Soudelor in August 2015.

Assistant attorney general Tom Schweiger said Camacho’s first claim against DPS is that then-DPS Commissioner James Deleon Guerrero did not timely respond to his Aug. 17, 2015, letter.

Schweiger said Camacho cites nothing to determine what “timely” means, which means this claim is not a factual allegation but a legal conclusion.

Schweiger said a legal claim cannot be based on legal conclusions but rather sufficient facts must be alleged to support the claim.

Camacho, a 25-year veteran of the CNMI’s police force, complained about not being chosen for a police position despite being the only one qualified.

In this case, Schweiger pointed out, 14 days after giving Deleon Guerrero his letter, Camacho wrote to CSC complaining about the lack of response.

Schweiger noted that, on Aug. 1, 2015, Soudelor devastated Saipan; then-president Obama declared the island a disaster area.

Schweiger said the entire island was without power and water and DPS personnel were working around the clock to assist in the recovery. He said DPS personnel had many other duties, as a result of Soudelor, which took priority.

Schweiger said DPS’ Oct. 23, 2015, response to Camacho’s grievance was timely given the extreme circumstances under which they were operating at the time.

He said the second issue regarding DPS that Camacho raises is that the job announcement was listed three times.

“There is nothing in the law [that] prohibits this,” Schweiger pointed out.

The third issue regarding DPS that Camacho raises is that one of the “non-DPS officers on the interview panel…assisted the other applicant with his application for the position.”

Schweiger said Camacho has failed to allege any facts, which would make DPS liable for the actions of this third party.

He said in fact if Camacho has any legal claim, on this basis, it would be against the individual.

Finally, Schweiger said, Camacho has failed to allege facts to show that he has standing to bring this administrative claim.

Schweiger said the rest of Camacho’s other claims have to do with actions taken by CSC.