Secretary Melvin Faisao of the Department of Community and Cultural Affairs disputes a recent court order allowing the reinstatement of a juvenile corrections worker at the Division of Youth Services shelter.
Thelma S. Kapileo received a notice of termination on Oct. 5, 2011, for failure to perform her duties and responsibilities as an emergency shelter caretaker, with DCCA citing one occasion when a female detainee was sexually assaulted while on Kapileo's watch.
Superior Court Associate Judge David A. Wiseman ordered last month the immediate reinstatement of Kapileo, who sued Faisao and Gov. Benigno R. Fitial for unlawful suspension and termination, violation of employment contract, and violation of U.S. constitutional due process protections.
“The allegations in this case are that a child was sexually assaulted in the [living room] of the DYS shelter house during Ms. Kapileo's watch,” Faisao said in a statement.
Faisao noted that the government's interest in protecting the children in the shelter outweighed Kapileo's interest in receiving a paycheck.
“Obviously, the court didn't see it this way. We fully intend to prove the allegations at trial,” he added.