Two teachers file complaint vs KES principal

Two Highly Qualified Teachers at the Koblerville Elementary School have filed a grievance complaint with the Public School System against KES acting principal Eric Evangelista for “unlawful acts of discrimination, harassment, and retaliation.”

Teachers April M. Purugganan, who is under the Delayed Entry Program of the U.S. Navy as an enlistee and will be deployed for his initial training this August 2008, and his wife Rizalina M. Purugganan claim that Evangelista pressured April to resign his post, in violation of the Uniformed Service Employment and Re-Employment Act.

According to a report April Purugganan prepared, he stated that he and his wife had informed Evangelista in advance that April Purugganan would take a military leave of absence during his training because he wants to continue working at PSS after his active duty.

After that, on May 22, 2008, April Purugganan claimed that Evangelista began pressuring him to turn in his resignation letter due to his military obligation.

April Purugganan consulted his wife, Rizalina Purugganan, regarding the matter who then advised him to call the U.S. Navy Recruitment Center in Guam to send Evangelista a copy of the military order.

However, Purugganan stated in his report that Evangelista insisted that he turn in his resignation and “threatened him that he will be served a 90-day notice of non-renewal of contract if he fails to submit a resignation letter.”

April Purugganan and his wife requested for an appointment after school but Evangelista allegedly refused to speak with either of them.

On May 30, 2008, April Purugganan and his wife received the 90-day notice of non-renewal of contracts.

Evangelista’s letter to the respective couple stated that their employment contracts with PSS, “which expires on August 30, 2008, will not be renewed.”

The Purugganan’s have been on sick leave since Tuesday of last week.

“It’s terrible. We can’t eat, and we’ve even lost sleep over this. We’re even taking medications just to alleviate some of this stress,” Rizalina Purugganan said.

The couple was able to furnish illness certification slips signed by a Saipan Health Clinic’s physician recommending “No Work.”

Section 4311 of the Uniformed Service Employment and Re-Employment Act states that “a person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.”

According to CNMI Guam Employment Support of the Guards and Reserves field committee director David Sablan Jr., he has received reports in the CNMI of violation of the USERRA law simply because many employers are not aware of it.

He said the USERRA law is needed because the nation has an all-volunteer force. Service members often worry about their civilian jobs or family back home, so that they cannot focus on their military mission. In such a situation, “no one will volunteer.”

“Congress intended for service members who live private lives to go into the service of our country and put their lives on the line. Congress intended for these individuals to have special privileges and rights different from other employees in our organization or companies, just as we have to give special privileges to the handicapped,” Sablan said.

The Purugganans have sent letters to the Board of Education, the PSS legal counsel, the PSS Human Resources, and the U.S. Navy Legal Counsel concerning the matter. They have yet to received any response from PSS officials.

PSS Human Resources said they cannot comment on the issue just yet as it would still need to undergo investigation.

Evangelista could not be reached for comments as of press time.