by Mindy Aguon

Guam - The Civil Service Commission voted on Wednesday night and determined that Port Authority of Guam management violated the 60-day rule when it served a notice of adverse action against Port Personnel Specialist Frances Arriola. The commission had previously tabled its decision on Arriola's motion to dismiss the adverse action as commissioners wanted to review Port board minutes from an October 18, 2012 meeting when a travel request and authorization for then Port Marketing Administrator Bernadette Stern Meno was first questioned.

Arriola's attorney, Daniel Somerfleck, argued that management served his client a day late. Arriola was served adverse action for allegedly altering a travel itinerary and inputting the wrong per diem rate for Meno's travel authorization. She is also accused of drafting and backdating a memo to put in a file.

Port Legal Counsel Mike Phillips attempted to bring up the backdating information to explain why management was not made aware of the actions until a certain time, but commissioners would not entertain that discussion saying a decision had already been
made.

Following the decision Arriola embraced several people who were in attendance and her attorney declined to comment at this time. The commission continued with hearing Meno's case. Former Port General Manager Mary Torres was expected to testify tonight but she was not present during tonight's hearing.

Meno's attorney, Curtis Van De Veld, on Tuesday asked the commission to continue tonight's hearing to allow time for the Port to produce transcripts and an audio recording of a December 5, 2012 executive session of the board. The commission continued to hear arguments on why Meno believes her adverse action should be null and void.

The Commission ultimately denied her motion to dismiss on the grounds that management violated the 60-day rule in serving her adverse action and ruled in favor of Port management.