Terminated firefighters want CSC decision reversed

The nine former firefighters who were terminated for refusing to be vaccinated against COVID-19 have refiled their lawsuit against the Department of Fire and Emergency Medical Services and wants reversed the Civil Service Commission’s decision affirming DFEMS’ decision to terminate them.

The nine former firefighters—Paul Acebedo, Jose K. Angui, Allen T. Calvo, Cain C. Castro, Algernon A. Flores, Derek B. Gersonde, Shawn DLR Kaipat, Philip Kalen, and Adam J. Safer—have refiled their lawsuit at the Superior Court through their attorney, Joseph Horey.

Changes made to the refiled lawsuit include naming acting DFEMS commissioner Jesse Mesa as a defendant in place of former fire chief Dennis Mendiola, and adding the Civil Service Commission as a defendant.

In their refiled suit, the plaintiffs are now asking the Superior Court to reverse the decision of the Civil Service Commission that affirmed the fire department’s adverse action that terminated them for insubordination.

The plaintiffs want the court to issue an order finding their termination “invalid and unlawful.” They also want an order to hold the plaintiffs’ terminations unlawful and to set these aside. 

In addition, the former firefighters are seeking an injunction reinstating them to their pre-termination positions, with back pay, leave, and benefits from the date of their termination. 

In addition, the lawsuit is asking for an undetermined monetary award and damage for emotional distress.

In September 2021, Superior Court Associate Judge Joseph N. Camacho granted the request through a stipulation by the parties to dismiss without prejudice the lawsuit of the nine former firefighters against DFEMS and Mendiola. 

As part of its findings, the court found that it had no jurisdiction over the plaintiffs’ complaint. 

The parties agreed to dismiss the case without prejudice, which meant it could be refiled. 

The court found that the former firefighters tried to short-circuit the administrative process and did not engage fully with the administrative process and exhaust all administrative remedies available to them when they filed their lawsuit simultaneously with their appeal. 

The former firefighters were terminated for insubordination following their refusal to take the COVID-19 vaccine as required by the CNMI Governor’s Directive 2021-002 issued on Feb. 18, 2021.

On Aug. 3, 2022, the Civil Service Commission denied the former firefighters’ appeal and affirmed the fire department’s decision to terminate them.