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DOC sued by its former chief operating officer
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Posted on Feb 03 2009
The former chief operating officer of the Department of Corrections has sued the department for allegedly refusing to pay the balance of his contract that was terminated in 2005.
Michael A. O’Toole, now residing in Colorado, sued DOC for breach of contract. He asked the Superior Court to order the department to pay him $11,562.10 in damages, plus court costs and attorney’s fees.
Attorney S. Joshua Berger stated in the complaint that DOC and his client, O’Toole, entered into a consulting contract in July 2005.
Berger said under the contract, O’Toole was to develop an occupational and staffing strategy for the development of the new CNMI adult prison, and manage the department through the actual transition process.
In November 2005, however, it was discovered that insufficient funds existed in the new prison facility accounts to complete the capital projects necessary to successfully open and operate the new facility, Berger said.
The lawyer said it was also found out that the prospect for additional funds “in the near future” was very dim
Accordingly, he said, then DOC Secretary Thomas A. Tebuteb and O’Toole agreed to terminate the contract.
Berger said the total amount agreed to be paid to O’Toole as of the termination was $22,461.10.
“Nevertheless, many months went by and plaintiff received no payment. However, nearly eight months after the contract was executed, plaintiff did receive a check for a little less than 50 percent of the amount owed, $10,899,” the lawyer said.
Since that time, despite numerous demands being made by O’Toole and his legal counsel, nothing more was paid, Berger said.
The state-of-the-art new adult prison facility in Susupe officially opened in February 2008. DOC, however, only managed to move all inmates to that new facility in July 2008. Construction on the 100,000 square-foot lot in Susupe began in 2002. The first opening date target was in 2006, but contractual issues caused the delay.
