Ely Mesa loses case before CSC, but will appeal - KUAM.com-KUAM News: On Air. Online. On Demand.

Ely Mesa loses case before CSC, but will appeal

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The Civil Service Commission has denied the latest grievance filed by Department of Education principal Eleuterio Mesa. However, Mesa plans to appeal the decision to the Superior Court of Guam. 

Department of Education middle school principal Eleuterio Mesa lost his latest case before the Civil Service Commission on Thursday. The case is relative to his removal from the position of assistant associate superintendent of vocational education last year. Mesa was removed during an investigation into allegations of sexual misconduct by a student.

"I mean, I was taken out without any justification, they did an investigation, they didn't find anything," he said.

Deputy superintendent Joe Sanchez confirmed the investigation was completed last year, no adverse action was taken and Mesa was returned to his position as principal of Astumbo Middle School. Deputy Superintendent Erika Cruz told KUAM News, "Mr. Mesa wanted the position back as associate superintendent of vocational education but the civil service ruled in favor of management 5 to 0, indicating that the superintendent has the authority to place someone temporarily and remove him or her back to his or her original position.

"In this case, Mr. Mesa was a middle school principal and is still a middle school principal."

Meanwhile, Sanchez explained that part of the reason Mesa was placed in that position in the first place was in an effort to resolve a settlement and taxation dispute needed for Mesa's retirement. The issue stems from an over $200,000 settlement Mesa received from the CSC, and his claims that he was over-taxed.

"The CSC has decided that they don't want to get into the issue of tax," Mesa stated. "That issue is between me, DOE and the DRT."

Meanwhile, on Tuesday the Civil Service also dismissed a second grievance filed by Mesa claiming he was entitled to high school pay while working at JP Torres Success Academy in 2015. Mesa told KUAM he's disappointed with the CSC decision and plans to take the matter to court.

We should note Mesa was also reassigned two weeks ago, with Cruz commenting, "He is still a middle school principal, however he has been assigned to the Division of Special Education, pending an investigation regarding another matter."

DOE could not disclose the details of the investigation. However, we should note Mesa has been reassigned at least three times by the department over the last two years due to allegations of misconduct. He is also the individual who brought to light allegations against the superintendent last year.

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