by Mindy Aguon

Guam - A former Department of Corrections officer who was terminated appeared before the Civil Service Commission on Tuesday night hoping to get his job back. Joaquin Cruz was terminated late last year after he tested positive for methamphetamines.

The former officer appealed his case to the CSC, arguing that his positive drug test was because he was on pain medication; DepCor officials said he couldn't prove it.

During a merit hearing, Cruz objected to subpoenas that were issued for his medical records and for his doctors to testify about his medical conditions. DepCor attorney Donna Lawrence said the subpoenas were in the event a medical defense was raised, noting, "If he wants to waive his medical defense right now and if he wants to tell you right now through his counsel that he is not going to say that his taking prescription medications had anything to do with his positive drug test for amphetamines and methamphetamines, I'd be happy if he told you that right now. I'd be happy to release the doctors cause that's what we're looking at."

The Commission voted to do away with the subpoenas and have the department issue new ones at a later time if the employee brings up his medical issues. The merit hearing will continue on Thursday and next week Tuesday as both sides present their arguments.