The Superior Court dismissed yesterday the discrimination lawsuit filed police officer Jason Tarkong against the Department of Public Safety.
Associate Judge Joseph N. Camacho dismissed the case after Tarkong and DPS agreed to drop the case as the underlying grievance has been resolved. Tarkong can no longer re-file the court action.
Robert T. Torres, counsel for Tarkong, and assistant attorney general Tom Schweiger filed the stipulation to dismiss yesterday.
Tarkong, a veteran of the CNMI’s police force, sued DPS and the Civil Service Commission for alleged discriminatory practices after he was not promoted to the rank of a sergeant. CSC was later dismissed from the case.
In DPS’ motion to dismiss the case earlier, Schweiger pointed out that the general rule does not apply for an employee who has not been injured, nor does it apply when there is another rule that addresses the situation Tarkong complains of.
Schweiger said to allow Tarkong to expand his options under the general statute would be to allow any government employee to file a “grievance” against any government hire even when the employee hadn’t applied for the position.