Upload
phamtruc
View
218
Download
4
Embed Size (px)
Citation preview
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
1
JOSEPH S. CARBULLIDO, MANUELBABAUTA, JOHN T. DAVIS, ELIZABETHFLICKINGER, ROCKY J.B. ANCIANO,EDWARD D. CHARFAUROS, JASON P.B.AGUON, KEVIN R. GUERRERO,EUGENE C. CHARFAUROS, ALFRED F.DUENAS, JOHN L.G. DIAZ, ANTHONYV. CAMACHO, BARRY K. FLORES,ROQUE S. CRUZ, DENNIS A.Q. SANTOS,CARL J. NESMITH, DAVE A.BRANTLEY, ANTHONY J. ARRIOLA,FRANK R. SANTOS, CRIS M. DANGAN,MARVIN R. DESAMlTO, EDGAR Z.TIAMZON, FRANK CORPUZ, JOHNPEREZ, JEREMIAH DECHA VEZ, BIANANOTO, PETER J. LEON GUERRERO,JASON V. LUJAN, CONSTANTINOFAUSTINO, AUDREY MASHBURN,JOHN LIZAMA, MICHAEL A.ARCANGEL, Employees of the Guam PoliceDepartment, Government of Guam,
Counsel for Petitioners
IN THE SUPERIOR COURT OF GUAM
I
SOMERFLECK & ASSOCIATES, PLLC148 Heman Cortez AvenueHagatna, Guam 96910Telephone No.: (671) 477-8020Facsimile No.: (671) 477-8019
DOUGLAS E. SHERWIN, RUEBEN D.OLIVAS, JOHN SABLAN, SEAN P.MCCOY, ROBERT D. SANTOS, EDWARDC. ARTERO, II, DEAN C. SORIANO,JAMES R. INVENCION, PASGUAL J.UNCANGCO, TIMOTHY G. SANTOS, SR.,JESSE J. ACFALLE, MARK A. SNYDER,ARTHUR T. SAN NICOLAS, FELEMENIOP. CHAMBERLAIN, RODERICK R.MENO, PATRICKA.I. CRUZ, JONATHANJ.P. NEDEDOG, JEFFREY J. SORIANO,JOHNNY M. TAITAGUE, FRANK R.MENO, Employees of the Guam FireDepartment, Government of Guam,
SPECIAL PROCEEDINGSCASE NO.: SP0222-10
PETITION AND MEMORANDUM OFPOINTS AND AUTHORITIES FOR
ALTERNATIVE WRIT OF MANDATE
I ni '\J,·:qi',.l0U'RI V~J·,t...,,~H';I
Nav 03 20~!.-'--"'-'-'"---0;.\1"[
1 FRANCISCO B. CRISOSTOMO, JOSEPH
2 P. LUJAN, ANTONE F. AGUON, ALAN P.BORJA, MARCELINE U. MARATITA,
3 MANUEL N. CRUZ, MICHAEL G.MARTINEZ, ANNETTE J. TEDP AHOGO,
4 RICKY R. BARROW, FRANCISCO B.ESTEVES, THOMAS A. CHACO, MIKE F.
5 CHARGUALAF, ANTHONY R. CRUZ,ILDEFONSO M. LAGMAN, CRAIG J.
6 TAINATONGO, ROBERT L. TAKANO,FRANKLIN E. LG. MESA, JOSEPH T.
7 QUINATA, BRIAN S. NEDEDOG,BERNARD F. PAULINO, WILLIE C. KIlO,
8GERALD E. MANANSALA, EDWARDS.N. CRISOSTOMO, PETER J. DIEGO,RENE J. PURUGGANAN, JOSEPH K.Q.
9 SALAS, CATHERINE M. CRUZ, PETER J.CRUZ, Employees of the Department of
10 Corrections, Government of Guam,
11 ERIC DELFIN, JOSEPH A. GANGE,DERRICK M. GUERRERO, JOHN J.
12 AGUON, BEN PANGELINAN, JOHN F.ASUNCION, PEDRO CARBON,
13 ANTHONY J. GUERRERO, PAULBERNARDO, GLEN CRISOSTOMO,
14 TOMMIE PABLO, JOEL SALAS, ROELH. RAMA, HENRY G. CADIZ, CATHY
15 L.G. SANTOS, CECILIA C. TAITANO,EUGENE T. IGROS, FRED Q. AGUON,
16 DANILO POCAIGUE, WALTER GRAY,DARLENE R. MERFALEN, TOMAS P.
17 QUINTANILLA, BRYAN GALARPE,EUGENE MC DONALD, ANNETTE S.
18 ANINZO, DWAYNE T.D. SAN NICOLAS,DOLORES M. FLORES, Employees of the
19 Guam Customs & Quarantine Agency,Government of Guam, and
20NICK E. CAUDELL, Employee of the
21 Department of Parks & Recreation,Government of Guam,
22Petitioners,
23
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
INTRODUCTION
1
1. Petitioners, DOUGLAS E. SHERWIN, RUEBEN D. OLIVAS, JOHN SABLAN,
SEAN P. MCCOY, ROBERT D. SANTOS, EDWARD C. ARTERO, II, DEAN C. SORIANO,
JAMES R. INVENCION, PASGUAL J. UNCANGCO, TIMOTHY G. SANTOS, SR., JESSE
J. ACFALLE, MARK A. SNYDER, ARTHUR T. SAN NICOLAS, FELEMENIO P.
CHAMBERLAIN, RODERICK R. MENO, PATRICK A.I. CRUZ, JONATHAN J.P.
NEDEDOG, JEFFREY J. SORIANO, JOHNNY M. TAITAGUE, FRANK R. MENO,
Employees of the Guam Fire Department, Government of Guam, JOSEPH S. CARBULLIDO,
MANUEL BABAUTA, JOHN T. DAVIS, ELIZABETH FLICKINGER, ROCKY J.B.
ANCIANO, EDWARD D. CHARFAUROS, JASON P.B. AGUON, KEVIN R. GUERRERO,
EUGENE C. CHARFAUROS, ALFRED F. DUENAS, JOHN L.G. DIAZ, ANTHONY V.
CAMACHO, BARRY K. FLORES, ROQUE S. CRUZ, DENNIS A.Q. SANTOS, CARL J.
NESMITH, DAVE A. BRANTLEY, ANTHONY J. ARRIOLA, FRANK R. SANTOS, CRIS
VS.
FELIX P. CAMACHO, in his official capacityas the Governor of Guam,DAVID Q. PEREDO, in his official capacityas Fire Chief of the Guam Fire Department,RICARDO M. LEON GUERRERO, in hisofficial capacity as Acting Police of Chief ofthe Guam Police Department,JOSE B. PALACIOS, in his official capacityas Director of the Department of Corrections,DENNIS J. SANTO TOMAS, in his officialcapacity as Director of the Guam Customs andQuarantine Agency,JOSEPH W. DUENAS, in his official capacityas Director of the Department of Parks &Recreation, andLOU PEREZ, in her official capacity asDirector of the Department of Administration,
Respondents.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
M. DANGAN, MARVIN R. DESAMITO, EDGAR Z. TIAMZON, FRANK CORPUZ, JOHN
PEREZ, JEREMIAH DECHA VEZ, BIA NANOTO, PETERJ. LEON GUERRERO, JASON
V. LUJAN, CONSTANTINO FAUSTINO, AUDREY MASHBURN, JOHN LIZAMA,
MICHAEL A. ARCANGEL, Employees of the Guam Police Department, Government of Guam,
FRANCISCO B. CRISOSTOMO, JOSEPH P. LUJAN, ANTONE F. AGUON, ALAN P.
BORJA, MARCELINE U. MARATITA, MANUEL N. CRUZ, MICHAEL G. MARTINEZ,
ANNETTEJ. TEDPAHOGO,RICKYR. BARROW, FRANCISCO B. ESTEVES, THOMAS
A. CHACO, MIKE F. CHARGUALAF, ANTHONY R. CRUZ, ILDEFONSO M. LAGMAN,
CRAIG J. TAINATONGO, ROBERT L. TAKANO, FRANKLIN E. LG. MESA, JOSEPH T.
QUINATA, BRIAN S. NEDEDOG, BERNARD F. PAULINO, WILLIE C. KHO, GERALD
E. MANANSALA, EDWARD S.N. CRISOSTOMO, PETER J. DIEGO, RENE J.
PURUGGANAN, JOSEPH K.Q. SALAS, CATHERINE M. CRUZ, PETER J. CRUZ,
Employees of the Department of Corrections, Government of Guam, ERIC DELFIN, JOSEPH A.
GANGE, DERRICK M. GUERRERO, JOHN J. AGUON, BEN PANGELINAN, JOHN F.
ASUNCION, PEDRO CARBON, ANTHONY J. GUERRERO, PAUL BERNARDO, GLEN
CRISOSTOMO, TOMMIE PABLO, JOEL SALAS, ROEL H. RAMA, HENRY G. CADIZ,
CATHY L.G. SANTOS, CECILIA C. TAITANO, EUGENE T. IGROS, FRED Q. AGUON,
DANILO POCAIGUE, WALTER GRAY, DARLENE R. MERFALEN, TOMAS P.
QUINTANILLA, BRYAN GALARPE, EUGENE MC DONALD, ANNETTE S. ANINZO,
DWAYNE T.D. SAN NICOLAS, DOLORES M. FLORES, Employees ofthe Guam Customs
& Quarantine Agency, Government of Guam, and NICK E. CAUDELL, Employee of the
Department of Parks & Recreation, Government of Guam, by and through their attorney of record,
DANIEL S. SOMERFLECK of Somerfleck & Associates, PLLC, bring this class action alleging
10
11
12
13
14
15
16
17
18
19
20
21
22
23
1PETITION AND MEMORANDUM OF POINTS AND AUTHORITIES FOR ALTERNATIVE WRIT OF MANDATERe: DOUGLAS E. SHERWIN, et al. vs .. FELIX P. CAMACHO, et al.page 5
2
3 that, Respondents FELIX P. CAMACHO, in his official capacity as the Governor of Guam,
4 DAVID Q. PEREDO, in his official capacity as Fire Chief of the Guam Fire Department,
5 RICARDO M. LEON GUERRERO, in his official capacity as Acting Police of Chief of the Guam
6 Police Department, JOSE B. PALACIOS, in his official capacity as Director of the Department
7 of Corrections, DENNIS J. SANTO TOMAS, in his official capacity as Director of the Guam
8 Customs and Quarantine Agency, JOSEPH W. DUENAS, in his official capacity as Director of the
9 Department of Parks & Recreation, and LOU PEREZ, in her official capacity as Director of the
Department of Administration, have wrongfully failed in their official capacity as a matter of policy
and practice, to provide the Petitioners statutorily guaranteed wages for worked preformed by
Petitioners.
2. Petitioners are and have been Public Safety and Law Enforcement Employees with
Respondents. Many of the Petitioners beginning employment prior to 1996 and continue to be
employed by Respondents.
3. Petitioners seek mandamus relief requiring the Respondents' to follow mandates put
forward in the Organic Act of Guam, Guam Statutes, and Guam Personal Policies.
JURISDICTION AND VENUE
4. This Court has subject-matter jurisdiction over these claims pursuant to 7 G.C.A.
§4101(a), §31201 et.seq., and Petitioners bring this suit under 22 G.C.A. 3221 and 10 G.C.A.
55102. Mandamus relief is sought under 7 G.C.A. §§ 31202, 31205 and 31401
5. Venue is proper because the claim arise within the Guam.
6. Petitioners, DOUGLAS E. SHERWIN, RUEBEN D. OLIVAS, JOHN SABLAN,
10
11
12
13
14
15
16
17
18
19
20
21
22
23
1 PETITION AND MEMORANDUM OF POINTS AND AUTHORITIES FOR ALTERNATIVE WRIT OF MANDATERe: DOUGLAS E. SHERWIN, et al. VS .. FELIX P. CAMACHO, et al.page 6
2
3 SEAN P. MCCOY, ROBERT D. SANTOS, EDWARD C. ARTERO, II, DEAN C. SORIANO,
4 JAMES R. INVENCION, PASGUAL J. UNCANGCO, TIMOTHY G. SANTOS, SR., JESSE
5 J. ACFALLE, MARK A. SNYDER, ARTHUR T. SAN NICOLAS, FELEMENIO P.
6 CHAMBERLAIN, RODERICK R. MENO, PATRICK A.I. CRUZ, JONATHAN J.P.
7 NEDEDOG, JEFFREY J. SORIANO, JOHNNY M. TAITAGUE, FRANK R. MENO,
8 Employees of the Guam Fire Department, Government of Guam, JOSEPH S. CARBULLIDO,
9 MANUEL BABAUTA, JOHN T. DAVIS, ELIZABETH FLICKINGER, ROCKY J.B.
ANCIANO, EDWARD D. CHARFAUROS, JASON P.B. AGUON, KEVIN R. GUERRERO,
EUGENE C. CHARFAUROS, ALFRED F. DUENAS, JOHN L.G. DIAZ, ANTHONY V.
CAMACHO, BARRY K. FLORES, ROQUE S. CRUZ, DENNIS A.Q. SANTOS, CARL J.
NESMITH, DAVE A. BRANTLEY, ANTHONY J. ARRIOLA, FRANK R. SANTOS, CRIS
M. DANGAN, MARVIN R. DESAMITO, EDGAR Z. TIAMZON, FRANK CORPUZ, JOHN
PEREZ, JEREMIAH DECHA VEZ, BIA NANOTO, PETERJ. LEON GUERRERO,JASON
V. LUJAN, CONSTANTINO FAUSTINO, AUDREY MASHBURN, JOHN LIZAMA,
MICHAEL A. ARCANGEL, Employees of the Guam Police Department, Government of Guam,
FRANCISCO B. CRISOSTOMO, JOSEPH P. LUJAN, ANTONE F. AGUON, ALAN P.
BORJA, MARCELINE U. MARATITA, MANUEL N. CRUZ, MICHAEL G. MARTINEZ,
ANNETTE J. TEDP AHOGO, RICKYR. BARROW, FRANCISCO B. ESTEVES, THOMAS
A. CHACO, MIKE F. CHARGUALAF, ANTHONY R. CRUZ, ILDEFONSO M. LAGMAN,
CRAIG J. TAINATONGO, ROBERT L. TAKANO, FRANKLIN E. LG. MESA, JOSEPH T.
QUINATA, BRIAN S. NEDEDOG, BERNARD F. PAULINO, WILLIE C. KHO, GERALD
E. MANANSALA, EDWARD S.N. CRISOSTOMO, PETER J. DIEGO, RENE J.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
1PETITION AND MEMORANDUM OF POINTS AND AUTHORITIES FOR ALTERNATIVE WRIT OF MANDATERe: DOUGLAS E. SHERWIN, et al. vs .. FELIX P. CAMACHO, et al.page 7
23 PURUGGANAN, JOSEPH K.Q. SALAS, CATHERINE M. CRUZ, PETER J. CRUZ,
4 Employees of the Department of Corrections, Government of Guam, ERIC DELFIN, JOSEPH A.
5 GANGE, DERRICK M. GUERRERO, JOHN J. AGUON, BEN PANGELINAN, JOHN F.
6 ASUNCION, PEDRO CARBON, ANTHONY J. GUERRERO, PAUL BERNARDO, GLEN
7 CRISOSTOMO, TOMMIE PABLO, JOEL SALAS, ROEL H. RAMA, HENRY G. CADIZ,
8 CATHY L.G. SANTOS, CECILIA C. TAITANO, EUGENE T. IGROS, FRED Q. AGUON,
DANILO POCAIGUE, WALTER GRAY, DARLENE R. MERFALEN, TOMAS P.9
QUINTANILLA, BRYAN GALARPE, EUGENE MC DONALD, ANNETTE S. ANINZO,
DWAYNE T.D. SAN NICOLAS, DOLORES M. FLORES, Employees of the Guam Customs
& Quarantine Agency, Government of Guam, and NICK E. CAUDELL, Employee of the
Department of Parks & Recreation, Government of Guam, and are all employed by Respondents
in public safety or law enforcement positions and seek statutorily guaranteed wages for worked
preformed by Petitioners.
7. Respondent, FELIX P. CAMACHO, is being sued in his official capacity as the
Governor of Guam; The Governor has supervision and control of all department of the executive
branch of the government of Guam;
8. Respondent, DAVID Q. PEREDO, is being sued in his official capacity as Fire Chief
of the Guam Fire Department. The Fire Chief serves as the head of the Guam Fire Department;
9. Respondent, RICARDO M. LEON GUERRERO, is being sued in his official
capacity as Acting Chief of the Guam Police Department. The Police Chief is the head of the Guam
Police Department Respondent,
20
21
22
23
1PETITION AND MEMORANDUM OF POINTS AND AUTHORITIES FOR ALTERNATIVE WRIT OF MANDATERe: DOUGLAS E. SHERWIN, et aL vs .. FELIX P. CAMACHO, et aLpage 8
2
3 10. JOSE B. PALACIOS, is being sued in his official capacity as Director of the
4 Department of Corrections. The Director serves as head of Department of Corrections;
5 11. Respondent, DENNIS J. SANTO TOMAS, is being sued in his official capacity
6 as Director of the Guam Customs and Quarantine Agency. The Director serves as head of Guam
7 Customs and Quarantine Agency; and
8 12. Respondent, JOSEPH W. DUENAS, is being sued in his official capacity as Director
9 of the Department of Parks & Recreation. The Director serves as head of Department of Parks &
10 Recreation; and
11 13. Respondent, LOU PEREZ, is being sued in her official capacity as Director of the
12 Department of Administration. The Director serves as head of Department of Administration.
13 THE CLASS
14 14. Petitioners bring this Petition on Petitioners' own behalf and on behalf of all persons
15 similarly situated. Petitioners represent the Class, which shall consist of the following persons:
16 All persons who (a) do not elect to request exclusion from the class (b) were public safety or law
17 enforcement employees of the Respondents, on October 1,2010.
18 15. The Class, described above and composed of more than 500 members is so numerous
19 that joinder of all members is impracticable.
16. There are questions oflaw or fact common to the Class. The questions are such that
proof of a state of facts common to the members of the Class will entitle each member of the Class
to the relief requested in this Petition.
17. The claims of Petitioners are the same and typical of the claims of the Class.
21 II Public Law 29-105 provides no discretion with regard to compensation increases for public safety
22 II personnel. Specifically Public Law 29-105 provided;
23 II Compensation for individuals covered in the review outlined in thisSection shall be increased by forty percent (40%) over a four (4) year
10
11
12
13
14
15
16
17
18
19
20
1
<->, .-------.
PETITION AND MEMORANDUM OF POINTS AND AUTHORITIES FOR ALTERNATIVE WRIT OF MANDATERe: DOUGLAS E. SHERWIN, et al. VS .. FELIX P. CAMACHO, et aI.page 9
218. The Petitioners will fairly and adequately protect the interests of the Class.
320. Guam law provides when there is a failure to pay wages under 22 G.C.A. § 3222 that
4"The court shall liberally permit class actions suits against an employer based upon violations of this
5Chapter."
621. As more fully established below, Petitioners and members of the Class have a clear
7right to the relief sought and this class action is superior to other available methods for the fair and
8efficient adjudication of the controversy.
9 MEMORANDUM OFPOINTS AND AUTHORITIES
FACTS
22. On August 9, 2008 the Guam Legislature unanimously passed Bill Number 239 (LS)
an Act to amend § 55102 of Chapter 55, Division 3, Title 10 of the Guam Code Annotated, relative
to compensation of public safety and law enforcement officers and to make appropriations to fund
said compensation. On August 15,2008 the Acting Governor of Guam Michael Cruz signed into law
Bill Number 239 as Public Law 29-105.
23. Public Law 29-1 05 is based upon two legislative findings, First, the public safety and
law enforcement personnel services are a critical need of the island. Second that recruitment and
retention of these employees has been hampered by insufficient compensation which was quickly
approaching minimum-wage.
24. Public Law 29-105 provided three things: the first and the focus of this action is that
10
11
12
13
14
15
16
17
18
19
20
21
22
23
1PETITION AND MEMORANDUM OF POINTS AND AUTHORITIES FOR ALTERNATIVE WRIT OF MANDATERe: DOUGLAS E. SHERWIN, et aI. vs .. FELIX P. CAMACHO, et aI.page 10
2
3 period, Effective October 1, 2008, compensation for individualscovered in the study as outlined in this Section, shall be increased by40% to be implemented so that increase shall be no less than tenpercent (10%) October 1, 2008, no less than aggregate of twentypercent (20%) on October 1,2009, no less than an aggregate of thirtypercent (30%) on October 1,2010, with that aggregate [mal increaseto not exceed 40%, or the amount of increase indicated by the PublicSafety and Law Enforcement Compensation Review Report for therespective class of positions, whichever is greater, by October 1,2011.. .Each percentage increase shall be based on the rate ofcompensation on September 30, 2008. It is the intent of the ILiheslaturan Guahan that the government of Guam achieve the finalforty percent (40%) increase in an expedited manner as additionalrevenues become available.
4
5
6
7
8
9
25. Additionally, Public Law 29-105 required the Director of Administration to
perform a review of the compensation, benefits, position requirements, and duties of public safety
of law enforcement officers of government a law including the Courts of Guam, Guam Police
Department, Guam Fire Department, Department of Corrections, Guam Customs and Quarantine
Agency, and Department of Parks & Recreation with the goal of developing a compensation plan
The compensation plan was to be completed by April 30. Unfortunately Petitioners have no
knowledge that the public safety and law enforcement compensation review report was ever
completed.
26. Following the enactment of Public Law 29-105 most of the Petitioners and those
similarly situated received 10% increases in their compensation on October 1, 2008 and October 1,
2009 as required by law. Although, at least with regard to the employees of the Court compensation
was not timely as those Petitioners did not receive the increase until November 16,2009.
27. On October 1,2010 Petitioners did not receive the 10% increase in their compensation
as mandated by Public Law 29-1 05. Requests for payment to date have been unsuccessful. 7 G.C.A.
10 present right and beneficial interest in compelling Respondents to perform the acts required to be
11 performed by law. See Holmes v. Territorial Land Use Commission 1998 Guam 8 ,para. 11.
13 perform their ministerial duties for which they have no discretion as provided in Public Law 29-1 05,
14 thereby entitling Petitioners and each member of the Class to a alternative writ of mandate.
12
15
16
17
18
19
20
21
22
23
1 PETITION AND .MEMORANDUM OF POINTS AND AUTHORITIES FOR ALTERNATIVE WRIT OF MANDATERe: DOUGLAS E. SHERWIN, et aL VS .. FELIX P. CAMACHO, et aLpage 11
2
3 §31204 and §31205 authorizes this Court, to issue an alternative writ in the first instance
4 commanding Respondents to perform the acts required to be performed by law.
5 28. Petitioners and each member of the Class do not have a plain, speedy and adequate
6 remedy available in the ordinary course oflaw. Any administrative remedies are not adequate or not
7 efficacious, and a potentially futile gesture.
29. Respondents have a clear, present and ministerial duty to act in conformance with the8
9 laws Petitioners pray this Court enforce. Petitioners and each member of the Class have a clear and
31. Respondents have refused to comply with the laws of Guam and have refused to
32. The amount ofthe no less than 30% aggregate increase in compensation retroactive
to October 1, 2010 that is owed Petitioners and each member of the Class on October 1, 2010
pursuant to the Act is a sum definite and certain and capable of ascertainment by a mathematical
calculation,
33. Through this Petition, Petitioners seek to compel the performance of acts which the
law especially enjoins, as a duty resulting from an office, and to compel Respondents to perform
their ministerial duty allowing Petitioners and each member of the Class the use and enjoyment of
their rights and entitlements, and from which Respondents unlawfully preclude Petitioners and each
member of the Class, notwithstanding the clear mandates oftheir office to process and issue the no
20
21
22
23
1PETITION AND MEMORANDUM OF POINTS AND AUTHORITIES FOR ALTERNATIVE WRIT OF MANDATERe: DOUGLAS E. SHERWIN, et aI. VS.. FELIX P. CAMACHO, et aI.page 12
2
3 less than 30% aggregate increase in compensation retroactive to October 1, 2010 as required by
4 Public Law 29-105 Compensation of Public Safety and Law Enforcement Officers Act.
5 34. Respondents have refused to perform their statutory obligations and will continue to
6 fail to abide by these legal mandates unless this Court orders Respondents to comply with their
7 ministerial duties under the Act ..
8 35. Public Law 29-105 Compensation of Public Safety and Law Enforcement Officers
9 Act is unequivocal and mandatory, demonstrating Petitioners' entitlement to mandamus relief as
10 requested herein.
11 36. The Act provides absolutely no discretion to Respondents with respect to the
12 processing and issuance of the no less than 30% increase in compensation retroactive to October 1,
13 2010 to Petitioners and each member of the Class.
14 37. The plain language of the Act demonstrates Petitioners present right and beneficial
15 interest in compelling Respondents to perform their duty of processing and issuing the no less than
16 30% increase in compensation retroactive to October 1~2010.
17 38. Petitioners and each member of the Class do not have an adequate remedy at law.
18Administrative remedies are inadequate, not efficacious or a futile gesture that would only lead to
19 this nature of action.
39. Compelling Respondents to implement and enforce Public Law 29-1 05 Compensation
of Public Safety and Law Enforcement Officers Act, and to process and issue the no less than 30%
aggregate increase in compensation retroactive to October 1,2010 required thereunder is the only
adequate remedy available which provides Petitioners and each member of the Class with their
11 WHEREFORE, the Petitioners respectfully request that the Court:
20
21
22
23
1PETITION AND MEMORANDUM OF POINTS AND AUTHORITIES FOR ALTERNATIVE WRIT OF MANDATERe: DOUGLAS E. SHERWIN, et al. vs.. FELIX P. CAMACHO, et al.page 13
2
3 beneficial rights and entitlements under Public Law 29-105 Compensation of Public Safety and Law
4 Enforcement Officers Act.
5 40. Petitioners are entitled to the issuance of a Alternative Writ of Mandate directed to
6 Respondent Perez and Respondent Directors compelling Respondents to implement and enforce
7 Public Law 29-105 Compensation of Public Safety and Law Enforcement Officers Act and process
8 and issue to Petitioners the no less than 10% increase in compensation retroactive to October 1, 2010
9 requested herein under the authority and direction of the Act.
10 DEMAND FOR RELIEF
12 1. The Court issue a Alternative Writ of Mandate directed to Respondents Governor
13 Camacho and Respondent Directors compelling them to implement and enforce Public Law 29-105
14 Compensation of Public Safety and Law Enforcement Officers Act process and issue to Petitioners
15 and each member of the Class the no less than an aggregate of 30% aggregate increase in
16 compensation retroactive to October 1, 2010 to which they are entitled, as required by Public Law
17 29-105 Compensation of Public Safety and Law Enforcement Officers Act.
18 2. That Respondents pay Petitioners reasonable attorney's fees and costs as provided
19in 22 G.C.A. §3218 and 3221.
RESPECTFULLY SUBMITTED this _,_ day of November, 2010.
SOMERFLECK & ASSOCIATES, PLLCAttorneys for Petitioners
By: