Judge upholds termination of ex-Corrections officer who refused … – Marianas Variety News & Views

SUPERIOR Court Associate Judge Wesley Bogdan has affirmed the decision of the Civil Service Commission and dismissed the petition of Joseph N. Taisakan for a judicial review.

Taisakan, a former Corrections officer, was terminated for his refusal to get vaccinated against Covid-19.

Represented by attorney Joseph Horey, Taisakan appealed the decision of then-Corrections Commissioner Wally Villagomez, and the CSCs affirmation of that decision.

Two issues were before the Superior Court: 1) whether the commissioners decision to terminate petitioner was unconstitutional or otherwise unlawful; and 2) whether CSCs decision affirming petitioners termination was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.

In a 15-page order issued on Dec. 3, Judge Bogdan finds that the former commissioners decision to terminate Taisakan was not unconstitutional or otherwise unlawful, and the court declines to set it aside.

This Court has great respect for the First Amendment and its protection of freedom of religion, the judge said. With that said, what occurred here was not a violation of Petitioners constitutional rights. The Petitioner was afforded ample opportunity to invoke and substantiate his request for a religious exemption and chose not to participate in the process, which he himself concedes was procedurally proper. His subsequent termination was not, therefore, based on his religious convictions or even his request for a religious exemption itself, but rather on his failure to comply with the Governors Directive, his violation of the employee code of conduct and code of ethics, and his insubordination.

Judge Bogdan said the CSCs termination of Taisakan was not arbitrary, capricious, and abuse of discretion, or otherwise not in accordance with the law.

The judge declined to set aside CSCs decision.

The record before the court shows that CSCs decision was well-supported by the facts, well-reasoned, and grounded in law, the judge added.

Background

Taisakan was employed by the Department of Corrections from 2004 to 2022 as a Corrections Officer II.

On Feb. 18, 2021, the then-governor issued Directive No. 2021-002, which required executive branch employees to get vaccinated against the Covid-19 virus and provide proof of vaccination.

In lieu of getting vaccinated against the Covid-19 virus, the governors directive allowed employees to seek an approved medical or religious exemption.

On Feb. 23, 2021, Corrections issued a memorandum notifying all its employees that they had until March 12, 2021, to comply with the governors directive.

On April 12, 2021, the Civil Service Commission issued a bulletin notifying employees that the time period for compliance had been extended and that they had until April 30, 2021, to comply with the governors directive or risk the possibility of termination from employment.

On April 15, 2021, the then-Corrections commissioner issued a second memorandum stating that all department employees were required to submit their proof of vaccination or request for a medical/religious exemption by no later than April 30, 2021, in accordance with the CSCs announcement.

Taisakan did not submit any proof of vaccination or request for a medical/religious exemption by either the original March 12, 2021 deadline or the extended April 30, 2021 deadline.

On Oct. 12, 2021, the commissioner issued a letter specifically to Taisakan requesting either proof that petitioner had registered for the Covid-19 vaccine or a statement of his intent to seek a medical/religious exemption, to be provided by Oct. 20, 2021.

On Oct. 14, 2021, Taisakan submitted a letter to the director of Corrections, Georgia Cabrera, asserting a religious exemption.

Specifically, the letter stated: I am a devout Catholic.... My body is a temple for the Holy Spirit and to corrupt the sanctity of the blood with unnatural components, not created by the hand of God, is tantamount to a desecration of my beliefs. I firmly believe that it is my God-given right to protect my body from any man-made contaminants that may change and alter my body as it was created from the image of God.

On Oct. 15, 2021, the commissioner responded to the petitioners letter with a request for additional information pertaining to how or why Taisakans religious belief prevented him from receiving the vaccine.

The commissioner sought the petitioners answer to the following questions:

Does your religious belief prohibit vaccination generally [or] prohibit the Covid-19 vaccine specifically?

What other eating or living habits have you adopted that stem from your religious convictions regarding protecting your body from any man-made contaminants?

What other vaccinations have you received, and when?

What over-the-counter medications or prescription medications have you taken, and when?

What reasonable accommodations are you specifically requesting? Describe any alternate accommodations that might address your needs.

Taisakan was asked to provide this additional information by Oct. 21, 2021, or risk termination.

No response

On Oct. 22, 2021, Taisakan submitted a response that did not answer any of the commissioners questions and instead asserted that his original letter from Oct. 14, 2021, was sufficient to show his sincerely held religious belief.

Although nonresponsive to the follow-up questions, Taisakans reply did include multiple articles discussing, generally, the extent to which an employer may inquire into a persons religious beliefs.

On Oct. 26, 2021, the commissioner sent a third letter to the petitioner acknowledging Taisakans response but informing him that there was not yet sufficient information to evaluate the sincerity and religious nature of his request.

The commissioner reiterated his questions and asked Taisakan to respond by Nov. 9, 2021, or risk termination.

On Nov. 10, 2021, Taisakan submitted another untimely response repeating what he had said in his previous letters i.e., that his belief was sincerely held, and that the commissioner was going beyond the limit of his ability to inquire into a persons religious beliefs.

Taisakans response again failed to answer any of the commissioners questions, including the question of what accommodations he was specifically requesting.

On Nov. 24, 2021, Taisakan was served with a Notice of Proposed Adverse Action (Termination from Service with Cause) informing him that he was being terminated for failure to comply with the governors directive, in violation of NMIAC 10-20.2-436(a)(2) & (b) (Code of Ethics), 10-20.2-438 (Policy on Employee Conduct), and 10-20.2-440 (Subordination to Authority).

On Jan. 11, 2022, the commissioner issued the appointing authoritys final decision on adverse action sustaining the allegations against Taisakan and ordering his termination effective Jan. 14, 2022.

Taisakan timely appealed his termination on Jan. 26, 2022.

On June 28, 2022, the Civil Service Commission held an administrative hearing in response to the appeal.

On Dec. 6, 2022, the CSC affirmed Taisakans termination in its findings of fact and conclusions of law.

On Jan. 5, 2023, Taisakan filed the petition for judicial review in Superior Court.

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Judge upholds termination of ex-Corrections officer who refused ... - Marianas Variety News & Views