Terminated cop fights DPS action before CSC and court

A terminated police officer is fighting the Department of Public Safety’s adverse action against him before the Civil Service Commission and in Superior Court.

According to court records, Flor Estabillo has appealed DPS’s decision to terminate him with the Civil Service Commission.

DPS, through the Office of the Attorney General, moved to dismiss the appeal, asserting that CSC has no jurisdiction over Estabillo’s termination.

CSC, however, disagreed, saying it has jurisdiction in the matter. It denied DPS’ motion to dismiss Estabillo’s appeal. This prompted DPS to bring the issue to Superior Court.

Superior Court Associate Judge David A. Wiseman issued an order last week, saying he would hear Estabillo’s motion to dismiss DPS’ appeal on Oct. 30, 2014.

Court documents show that DPS Commissioner James C. Deleon Guerrero informed then-Police Officer 2 Estabillo on April 8, 2014, that he is being given a 30-day written notice of an adverse action that could result in the termination of his employment.

Deleon Guerrero disclosed that Internal Affairs has determined that Estabillo possessed and used illegal drugs while wearing a police uniform; and that Internal Affairs has determined that he committed misconduct by possessing methamphetamine or “ice.”

The commissioner said the use of “ice” impaired Estabillo’s ability to safely report for duty, and that he has chosen to associate with known criminals and persons that are likely to cause the public, and DPS, to doubt his honesty and integrity.

Estabillo then retained attorney Brien Sers Nicholas as his counsel. Nicholas, in a letter to Deleon Guerrero last April 22, asked to be provided with all materials that support the commissioner’s actions against Estabillo.

Nicholas said the charges against his client are vague.

Estabillo appealed, asking CSC to overturn his termination last June 11.

DPS counsel, assistant attorney general James Zarones, asked CSC to dismiss Estabillo’s appeal, asserting that the commission lacks regulatory authority to hear the appeal.

In Estabillo’s opposition to DPS’ motion to dismiss, Nicholas argued that because DPS dismissed Estabillo from the civil service system, CSC has the regulatory authority to hear his appeal.

In denying DPS motion to dismiss the appeal, CSC agrees with Estabillo that it has statutory and regulatory authority to hear the appeal.

DPS then asked the Superior Court to stay or suspend CSC’s order that requires DPS to turn over its “adverse action file” to the Office of Personnel Management for review and subsequent production to Estabillo.

DPS pointed out that the adverse action file contains confidential information.

Estabillo opposed DPS’ motion to stay. Nicholas said it does not appear that DPS has much chance of succeeding this case on appeal before the Superior Court.

Nicholas said it is most disturbing for DPS to claim before the court that the actions of prolonging this matter unnecessarily will not result in any prejudice to Estabillo.

Nicholas also moved to dismiss DPS’ appeal based on its failure to exhaust administrative remedies in this matter.