by Mindy Aguon

Guam - The Civil Service Commission proceeded Thursday night with hearing the appeal of another Port Authority of Guam worker who was terminated in connection with an alleged conspiracy to defraud the government and cover it up.

One day can make a huge difference. In the case of former Port personnel specialist Frances Arriola, she contends that management was a day late in serving her final adverse action for allegedly altering a travel itinerary and inputting the wrong per diem on a travel authorization. Arriola is also accused of drafting and backdating a memo to put in a file.

Her attorney, Daniel Somerfleck, told the Civil Service Commission last night that it is very clear management acted a day late, which violates the 60-day rule and therefore voids his client's termination. He said, "The question is did they timely within 60 days bring these actions forward. There is no basis in which to say that they did. The law is very clear. In no event may an employee in the classified service be given notice and statement of charges required by this section after the 60th day that management knew or should have known."

But Port legal counsel Mike Phillips argues that it's not when Arriola committed the alleged acts, but when management knew or should have known. He contends there was no way for management to know that there was an alleged cover-up until the board launched an investigation questioning a $70,000 travel request and authorization for former Port marketing administrator Bernadette Stern Meno. Phillips said, "There's no evidence that a single manager knew that that was incorrect. Not a single shred of evidence, so the question is when should management have known? I would submit how about that day that we start investigating which is the 19th."

Commissioners chose not to decide on Arriola's motion to dismiss the adverse action as they first want to review the Port board's minutes from their October 18 meeting when the travel authorization was first questioned. Another hearing has been scheduled for May 1 - the same date Meno's motion to dismiss hearing is expected to continue with the testimony of former Port general manager Mary Torres.