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Termination of firefighter reversed
The decision to terminate a firefighter who pled guilty to federal drug charges has been reversed. John Troy Santos was charged with attempted possession with the intent to distribute methamphetamine hydrochloride. While he awaits a prison designation, Santos has also pursued an appeal of his termination with the Civil Service Commission.
It appears action taken by the new acting chief has made the appeal a moot issue.
Santos was terminated back in September after almost two decades of service in the Guam Fire Department. In October, the former firefighter was sentenced to five years and four months behind bars and was ordered to self-surrender when the Bureau of Prisons designates a facility for him.
Santos was also appealing his termination with the CSC, but it appears that appeal is now a moot issue. Acting fire chief John Wusstig confirms Santos' status with the Fire Department was reversed from termination to resignation in good standing. "Troy was appealing the case and based on what the advice that I got from them that was the settlement on it."
Wusstig says he obtained legal advice from assistant attorney general Rob Weinberg. Santos was appealing his termination claiming the Guam Fire Department prematurely took action before he was sentenced. "According to the AG it was kind of like with the law it's not a conviction until his sentencing," he explained.
Chief Wusstig says because of the legal opinion, he made the decision to change Santos' leave with the Department from termination to resignation in good standing. When asked what message he thought this sends to other firefighters in the Department as well as the community, the chief responded by saying, "Well you know I'm not sure what it would send. Of course it sounds like we're letting him off easy but the fact remains that Troy has been sentenced, he will serve his time and he will not be able to come back into the Department, or any law enforcement agency, based on his conviction."
The acting chief says it was a tough decision to reverse the actions of his predecessor, assistant fire chief George Aquino. He continued, "It had nothing to do with my relationship with Troy if that's the question. I backed up Chief Aquino when he made the decision cause had I been in the same place, but again we're getting into more legal issues with their appeal."
Wusstig says if the agency waited for Santos' appeal to go through the Civil Service Commission and Santos won the Department would be required to give back pay for the time he didn't work since his termination. Despite the reversal and the message it sends to those in GFD, acting chief Wusstig says there is zero tolerance for drug use in the agency. "I fully support the fact that we're not condoning this kind of stuff," he stated.
Former acting chief George Aquino who made the decision to terminate Santos responded to the reversal today. Aquino told KUAM News he stands by his decision believing it was the right thing to do. Civil Service Commission executive director Vern Perez meanwhile says he is unaware of a settlement in the case, but says if one was made, Santos' appeal would no longer need to be heard by the Commission.
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