26 Feb 2018
- By Bryan Manabat – [email protected] – Variety News Staff
THE lawsuit of former Education Commissioner Cynthia Deleon Guerrero against the elected Board of Education members in their official capacities has been moved to the District Court for the NMI.
Deleon Guerrero accused them of wrongful termination, breach of contract, and violating her constitutional rights
Tiberius D. Mocanu, legal counsel for the Public School System, filed the notice of removal on Friday. He said they are moving the lawsuit to the federal court because the former commissioner’s complaint alleged a federal question, violation of federal statutes and the U.S. Constitution.
The lawsuit was originally filed in Superior Court on Jan. 18, 2018 and named as defendants BOE Chairwoman Mary Lou Ada, members Janice A. Tenorio, Herman T. Guerrero, Florine M. Hofschneider, and Herman M. Atalig.
The former education commissioner is demanding a jury trial and is seeking compensatory and punitive damages against the individual board members in an amount to be proven at trial.
She is also asking for compensatory damages in the amount of $350,000; reasonable attorney’s fees and costs of suit; and any other remedies the court may find just and equitable.
She is represented by attorney Brien Sers Nicholas.
Cynthia Deleon Guerrero was employed by BOE as education commissioner for a term of four years from Nov. 21, 2016 to Nov. 20, 2020 with an annual salary of $90,000 and a transportation allowance of $800.
Her employment contract mandated that the BOE evaluate her on an annual basis with an advance notice of 15 days and with an agreed set of evaluation tools to be used to evaluate her. The contract also allowed for termination without cause upon the positive vote of three BOE members.
On Oct. 30, 2017, the BOE collectively voted to terminate Deleon Guerrero’s contract without cause effective Nov.5, 2017.
Source: Marianas Variety : http://www.mvariety.com/cnmi/cnmi-news/local/102498-former-pss-chief-s-lawsuit-moved-to-us-court