GUAM
The case of a plumber attached to the Guam Department of Public Works who was on the payroll for 13 years without doing any work will go before the Supreme Court of the US territory.
Franklin B. Castro was injured on the job in 1995 and the Department put him on the inactive list with full pay until his doctor certified he was fit to return to duty.
That apparently never happened and Public Works fired him in April 2008, citing unauthorised absence, refusal to perform prescribed duties and responsibilities, misuse or theft of Government property, and other unspecified misconduct.
Mr Castro appealed his termination in August 2016 to the Civil Service Commission (CSC), which decided he should have his job back and also awarded him more than eight years of back pay, sick leave, annual leave and legal fees, citing a technical error in the Public Works firing documents.
The CSC ruled Mr Castro would continue to accumulate back pay and leave benefits until he was reinstated by Public Works.
His main defence, which was argued extensively before the CSC in 10 separate hearings, was that Public Works had violated the so-called 60-day rule — failing to take action against him within 60 days of when it knew or should have known of his alleged improper actions.
Public Works challenged the Commission’s decision in the Superior Court of Guam, where a judge decided the Commission’s actions were correct.
Public Works will now take the case to the Supreme Court for a final decision later this month.
Mr Castro didn’t return a call for comment on the case.
Hagåtña, 3 February 2019
