Court dismisses ex-DOC officer’s request for judicial review

The Superior Court as recently dismissed the petition filed by a former Department of Correction officer that asked the court to set aside a Civil Service Commission decision against the former corrections officer.

Superior Court Superior Court Associate Judge Wesley Bogdan dismissed last week former DOC officer Joseph N. Taisakan’s petition for judicial review of the CSC’s ruling on his appeal alleging unlawful termination.

By doing so, Bogdan affirms the commission’s decision finding Taisacan’s termination to be lawful.

Taisakanv was terminated for refusing to be vaccinated against COVID-19.

According to Bogdan’s order, former DOC commissioner Wally Villagomez’s decision to terminate Taisakan was not unconstitutional or otherwise unlawful, and the court declines to set it aside.

“What occurred here was not a violation of petitioner’s constitutional rights. The petitioner was afforded ample opportunity to invoke and substantiate his request for a religious exemption and chose not to participate in the process, which he himself concedes was procedurally proper. His subsequent termination was not, therefore, based on his religious convictions or even his request for a religious exemption itself, but rather on his failure to comply with the governor’s directive, his violation of the employee code of conduct and code of ethics, and his insubordination,” the judge said.

Bogdan said the CSC’s decision that Taisakan’s termination was not arbitrary, capricious, and abuse of discretion, or otherwise not in accordance with the law, was well-supported by the facts, well-reasoned, and grounded in law.

Taisakan was employed by the Department of Corrections from 2004 to 2022 as a Corrections Officer II.

On Feb. 18, 2021, former governor Ralph DLG Torres issued a directive that required Executive Branch employees to be vaccinated against the COVID-19 virus and provide proof of vaccination. The directive did allow a medical or religious exemption.

On Feb. 23, 2021, Corrections notified all its employees that they had until March 12, 2021, to comply with the governor’s directive.

On April 12, 2021, the CSC issued a bulletin notifying employees that the time period for compliance had been extended and that they had until April 30, 2021, to comply with the directive or risk the possibility of termination from employment.

On April 15, 2021, Villagomez issued a second memorandum stating that all department employees were required to submit their proof of vaccination or request for a medical/religious exemption no later than April 30, 2021.

Taisakan did not submit any proof of vaccination or request for a medical/religious exemption by either the original March 12, 2021, deadline or the extended April 30, 2021, deadline.

On Oct. 12, 2021, the commissioner issued a letter specifically to Taisakan requesting either proof that petitioner had registered for the COVID-19 vaccine or a statement of his intent to seek a medical/religious exemption, to be provided by Oct. 20, 2021.

On Oct. 14, 2021, Taisakan submitted a letter to the director of Corrections, Georgia Cabrera, asserting a religious exemption.

On Oct. 15, 2021, the commissioner responded to the petitioner’s letter with a request for additional information pertaining to how or why Taisakan’s religious belief prevented him from receiving the vaccine. Taisakan was asked to provide this additional information by Oct. 21, 2021, or risk termination.

On Oct. 22, 2021, Taisakan submitted a response that did not answer any of the commissioner’s questions and, instead, asserted that his original letter from Oct. 14, 2021, was sufficient to show his sincerely held religious belief.

Although nonresponsive to the follow-up questions, Taisakan’s reply did include multiple articles discussing, generally, the extent to which an employer may inquire into a person’s religious beliefs.

On Oct. 26, 2021, the commissioner sent a third letter to the petitioner acknowledging Taisakan’s response but informing him that there was not yet sufficient information to evaluate the sincerity and religious nature of his request. The commissioner reiterated his questions and asked Taisakan to respond by Nov. 9, 2021, or risk termination.

On Nov. 10, 2021, Taisakan submitted another untimely response repeating what he had said in his previous letters.

Taisakan’s response again failed to answer any of the commissioner’s questions.

On Nov. 24, 2021, Taisakan was served with a Notice of Proposed Adverse Action (Termination from Service with Cause) informing him that he was being terminated for failure to comply with the governor’s directive.

On Jan. 11, 2022, the commissioner issued the appointing authority’s final decision on adverse action sustaining the allegations against Taisakan and ordering his termination effective Jan. 14, 2022.

Taisakan appealed his termination on Jan. 26, 2022.

On June 28, 2022, the CSC held an administrative hearing in response to the appeal and affirmed Taisakan’s termination on Dec. 6, 2022.

On Jan. 5, 2023, Taisakan filed the petition for judicial review in Superior Court.