Steve Limtiaco

Pacific Daily News USA TODAY Network

Department of Public Works plumber Franklin B. Castro was injured on the job in 1995, and the agency allowed him to go inactive with full pay until his doctor certified he was fit to return to duty.

Castro was on the payroll for the next 13 years, despite failing to work during that time, according to Public Works, which fired him in April 2008, citing:

unauthorized absence;

refusal to perform prescribed duties and responsibilities;

misuse or theft of government property; and

other misconduct.

Castro appealed his termination and won his job back. The matter is scheduled to be heard later this month in the Supreme Court of Guam. Public Works has challenged Castro's reinstatement.

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The Civil Service Commission in August 2016 voted to give Castro 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. Castro will continue to accumulate back pay and leave benefits until he is reinstated by Public Works, the commission’s order states.

Castro didn't return a call for comment on the case.

Castro’s main defense, which was argued extensively before the Civil Service Commission, including a series of 10 separate hearings on the issue, 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.

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Commission members were deadlocked on that issue, with a vote of 3-3, so Castro lost on that point. But members voted 4-2 in favor of his argument that Public Works, in its notice of final adverse action, didn't state the specific facts that led to the adverse action, as required by the personnel law.

“The adverse action must be voided,” the commission’s ruling states.

Public Works challenged the commission’s decision in the Superior Court of Guam, where a judge decided the commission’s actions were correct.

Leadership turnover

There was high leadership turnover at Public Works during the time Castro allegedly failed to do his job, a period spanning the entire Carl Gutierrez administration and more than half of the Felix Camacho administration.

News files state Public Works leadership changed 12 times from 1995 to 2008, with 11 different people holding the title of director or acting director of the agency.

Gil Shinohara served three separate stints as director during that period. Jesse Garcia was director twice during that period. Garcia currently is the agency’s acting director under the new Gov. Lou Leon Guerrero administration.

Garcia on Friday said he doesn't have any additional information about the case or why Castro was on the Public Works payroll for so long.

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Lawrence Perez had been director of Public Works for several years, beginning in 2005, before terminating Castro in 2008.

In its appeal to the Supreme Court, Public Works, through the attorney general’s office, stated an incomplete firing notice was insufficient reason for the commission to reinstate Castro. Nullifying the adverse action was not mandatory, it stated.

“The commission could and should have considered and weighed the other salient facts and circumstances of the case,” it stated.

The attorney general’s office asked justices to send the case back to the Civil Service Commission so that a hearing could be held on the information contained in the adverse action notice.

In its brief to the Supreme Court, defending the Castro reinstatement, the Civil Service Commission said a detailed final notice of adverse action is a “fundamental due process,” required by Guam law.

The commission’s decision to void Castro’s termination was consistent with rules, laws and past Supreme Court rulings, it stated.

Justices are scheduled to hear oral arguments in the case 2 p.m. Feb. 25.

Public Works directors

Here are the Public Works directors from 1995 through 2008, according to news files: