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Ex-PSS chief questions transfer of her suit
Cynthia I. DeLeon Guerrero, the former Public School System commissioner, is questioning the move of the Board of Education to transfer her lawsuit against them over her termination to the U.S. District Court for the NMI.
DeLeon Guerrero, through counsel Brien Sers Nicholas, said yesterday that BOE and its members had no reason to have her lawsuit moved to the district court.
She wants her lawsuit remanded to the Superior Court and has asked the district court to require the BOE to shoulder the costs and attorney’s fees she incurred because of the removal.
Sers Nicholas said that, based on DeLeon Guerrero’s employment contract, the parties agreed that this lawsuit must be litigated in the Superior Court.
Sers Nicholas said that having the case moved is highly questionable.
Special assistant attorney general Tiberius Mocanu filed last Friday a notice of removal of the case to federal court.
Mocanu said that DeLeon’s complaint alleges a federal question in the form of violations of federal statutes and the U.S. Constitution.
DeLeon Guerrero is suing BOE and its members for terminating her as PSS commissioner last October, which, according to her, was in retaliation for her questioning the board’s micromanagement of PSS and her refusal to request for an unlawful transfer of $175,000 in PSS funds to the board’s account.
DeLeon Guerrero filed the lawsuit against the BOE before the Superior Court for wrongful termination and breach of contract.
She is also suing BOE chair MaryLou S. Ada, vice-chair Janice A. Tenorio, secretary/treasurer Herman M. Atalig, member Herman T. Guerrero, and member Florine M. Hofschneider in their individual capacities for alleged conspiracy in depriving her rights to her good name and her property in violation of her Fifth and 14th Amendments of the U.S. Constitution.the
DeLeon Guerrero asked the court to hold BOE liable to pay her $350,000 in compensatory damages, and board members Ada, Tenorio, Atalig, Guerrero, and Hofschneider for compensatory and punitive damages in an amount to be proven at trial.
