Terminated DLNR staff allegedly refused to surrender govt items

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Posted on Jul 27 2008
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The Department of Lands and Natural Resources has sued a terminated employee who allegedly refused to surrender several items belonging to the department.

DLNR, through assistant attorney general Meaghan Hassel Shearer, sued former trades technician II Peter M. Deleon Guerrero for conversion of government property.

DLNR asked the Superior Court to order Deleon Guerrero to pay damages.

Shearer said the DLNR had supplied Deleon Guerrero with equipment too carry out the duties of his job. These included a Sony VGN-023 Intel Centurion laptop computer; accessories for the laptop including a mouse, flash driver, and external drive; a Canon digital camera; a compact flash driver for the camera; accessories including a charger for a Motorola i860 cell phone; and office and car keys for two government vehicles.

On Aug. 31, 2006, DLNR Secretary Dr. Ignacio T. Dela Cruz told Deleon Guerrero in a letter that he is being let go for being “absent without leave” for a total of 272 work hours. Because of Deleon Guerrero’s absence, DLNR had no choice but “to consider that you have abandoned your work,” Dela Cruz said.

Shearer said DLNR made several attempts to serve Deleon Guerrero with this notice, but their attempts were unsuccessful.

On Feb. 28, 2007, Dela Cruz terminated Deleon Guerrero’s employment effective Jan. 2, 2007.

Shearer said that, on Feb. 28, 2007, Bertha M. Palacios and Diana Q. Gabaldon from DLNR attempted to serve Deleon Guerrero with his termination letter, but he refused to sign it, stating that the letter was “B.S.”

The government lawyer said DLNR then contacted Deleon Guerrero concerning his duty to return the government property to DLNR.

On Nov. 20, 2007, DLNR sent via registered certified mail a letter to the defendant demanding the return of the government property.

Five days later, Jason Ada of DLNR hand-delivered the same letter to Deleon Guerrero who refused to accept the letter.

Shearer said that on Feb. 15, 2008, the Office of the Attorney General sent the defendant a letter via certified mail stating that upon receiving the letter, he had 15 days in which to contact the AGO about returning the items.

This letter, Shearer said, went unclaimed and was returned to the AGO.

The lawyer said Deleon Guerrero has made no attempts to return or contact DLNR and AGO concerning the government property that was loaned to him.

“At no point was Deleon Guerrero led to believe that the government property was purchased with the intention that it belong to him for his personal use, “Shearer said.

The lawyer said Deleon Guerrero’s continued control over the items amounts to a conversion of government property.

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