The Guam Daily Post

12 23Sun11292015


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Back Local News CSC revokes action against Untalan principal

CSC revokes action against Untalan principal

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THE Civil Service Commission has revoked the Guam Department of Education’s adverse action against a school administrator who was kicked out of his post two years ago on charges of allegedly mishandling an individualized program for a student with disabilities.

In a unanimous decision signed Oct. 24, the commission voted to reinstate Untalan Middle School Principal Eleutrio Mesa, who was fired by the education department on March 14, 2011.

In revoking the adverse action, the CSC said the education department failed to obtain the required four votes from the commissioners to meet the burden of proof and sustain the complaint.

The department filed eight charges against Mesa including failure to comply with the Individualized Program of Employment for a student with disabilities, discourteous treatment of a parent, failure to protect confidentiality of a student, and failure to maintain cleanliness of the school facility.

Mesa retired from government service on April 30, 2011, several weeks after receiving the final notice of job termination from the department.

The CSC said Mesa timely appealed the department’s action, and therefore the commission had jurisdiction over the case, notwithstanding Mesa’s retirement after being dismissed from his job.

The commission awarded Mesa $49,978 in attorney fees and other related costs.

However, the commission ruled that Mesa is not entitled to double pay and retirement benefits by virtue of his reinstatement.

“He must reimburse the Retirement Fund for all the retirement funds received from the date of his retirement through the date of reinstatement,” the commission’s judgment reads.

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