DPS officer wants to haul DPS to court

A Department of Public Safety officer who has filed multiple grievances alleging discrimination against DPS and its former commissioner has asked the Civil Service Commission to issue a final determination on his complaints so he can pursue them in court.

In a motion he filed last week, DPS Sgt. Peter Raymond Camacho urges the CSC to issue a final determination on his grievances against DPS and former commissioner Robert Guerrero so he can pursue the matter in a lawsuit.

Specifically, Camacho asks the CSC to issue a finding that DPS had retaliated against Camacho for filing a grievance against DPS; that DPS failed to issue his annual performance rating report in a timely manner, affecting his ability to be fairly considered for the employment positions he had applied for; that the Office of Attorney General improperly commandeered the grievance process by injecting itself into the preliminary stages of the grievance process; and that the applicants DPS hired and selected were ineligible for employment under certain examination announcements and that DPS had relied on the faulty certification of those candidates by the Office of Personnel Management.

Camacho is represented by attorneys Robert Torres and Oliver Manglona in this matter.

When sought for comments, Torres said the history of discriminatory and favourable treatment at DPS and the inability of the CSC to ensure due process to civil service personnel pursuing fairness in CNMI government employment and pay opportunities remain unchanged today.

“While officer Camacho remains committed [CSC] would see that lack of funds is no basis to delay due process and so that the proper recourse is to the Superior Court. as previously deemed appropriate in a similar case in history with Guerrero v. DPS,” he said.

Camacho alleges discriminatory and preferential actions at DPS when it comes to salary raises. He filed his grievances in the form of a CSC appeal dating back to Sept.1, 2021. However, since then, Camacho has yet to receive a final ruling on his grievances even after completing a formal grievance process pursuant to the Personnel Service System Rules and Regulations.

Torres noted that no decision has been issued even after submitting a 70-page proposed order on May 5, 2023, as ordered by CSC’s then-administrative hearing officer, Jacqueline Nicolas.

“Waiting nearly six months for a final ruling is crippling for Camacho. As the saying goes, ‘Justice delayed is justice denied.’ Solving claims of discrimination or harm must be done expeditiously. Six months for a final ruling is an abhorrent affront to Camacho’s due process rights under the PSSRR,” said Torres.

Additionally, Torres argues that the CSC’s inability, delay, and reluctance to issue a timely final ruling on Camacho’s grievances are a dereliction of its regulatory and statutory duties to ensure an effective, fair, and speedy grievance procedure for civil service employees.

“Camacho asserts that the CSC has violated its regulatory and statutory duties by impinging on his due process rights to seek timely resolution of his grievances under the PSSRR and by further delaying the outcome of its final determination so that he may seek appropriate recourse with the courts,” Torres said.

Torres said in his motion that Camacho implores the CSC to issue a final ruling on his grievances within 15 days, or if the CSC is incapable of doing so without the necessary funding that has contributed to its delay, shall issue an order declining to issue a final ruling for the purpose of allowing the parties to pursue its appeal with the courts.

“Whether or not the CSC feels it is inept to issue a ruling without the advice of an administrative hearing office, it is not insusceptible to the requirements of the PSSRR and must issue a decision with or without the assistance of an administrative hearing officer immediately. In other words, if the CSC feels it is not equipped to handle Camacho’s formal grievance, it should decide that it cannot perform its responsibility so that Camacho can seek adequate legal recourse with the courts and without further delay from CSC. It is fundamentally unfair for Camacho to have his grievances shelved by the CSC due to its incompetence and unpreparedness when a more capable reviewing, adjudicative body can administer and facilitate his grievances in a timely and effective manner,” he said.