Guzman Lorenzo v. Almodovar

666 F. Supp. 345, 1987 U.S. Dist. LEXIS 7361
CourtDistrict Court, D. Puerto Rico
DecidedJuly 24, 1987
DocketCiv. No. 85-0996 (JP)
StatusPublished

This text of 666 F. Supp. 345 (Guzman Lorenzo v. Almodovar) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Guzman Lorenzo v. Almodovar, 666 F. Supp. 345, 1987 U.S. Dist. LEXIS 7361 (prd 1987).

Opinion

OPINION AND ORDER

PIERAS, District Judge.

This is an action for damages and injunc-tive relief brought to redress violations of the first, fifth and fourteenth amendments to the United States Constitution under 42 U.S.C. § 1983. Plaintiff Ismael Guzmán Lorenzo alleges he was dismissed from his position as Regional Director of the Public [346]*346Service Commission (PSC), Guayama office, because of his political affiliation.

This matter is on defendant’s Motion for Summary Judgment, and plaintiffs opposition thereto. In support of its motion, defendant argues that the plaintiff's position is such that political affiliation is an appropriate requirement for the effective performance of the public office involved.

I.The Standard for Summary Judgment

Summary judgment is proper only “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). In passing on a summary judgment motion, the court must examine the record “in the light most favorable to the party opposing the motion.” Poller v. Columbia Broadcasting System, 368 U.S. 464, 473, 82 S.Ct. 486, 491, 7 L.Ed.2d 458 (1962). With these principles in mind, we now examine the motions.

II.The Facts

Pursuant to the stipulations of the parties, the Court finds there is no genuine issue as to the following material facts.

1. Plaintiff was originally employed on March 2, 1970, with the PSC as Public Service Inspector (PSI) I, with a salary of $265.00 per month; he was promoted to PSI II on August 28, 1972, and attained further promotions until his last career position, PSI III, on April 21, 1980, with a salary of $630.00 per month. He was appointed Regional Director of the Guayama Region on March 3, 1982, with a salary of $1,463.00.

2. By letter of March 15, 1985, defendant Angel M. Almodóvar, President of the PSC, separated plaintiff from his position as Regional Director effective that date. He was reinstated to PSI III in the Maya-guez Regional Office, with a monthly salary of $782.00.

3. Plaintiff is a member of the New Progressive Party (NPP), and defendant is a member of the Popular Democratic Party (PDP).

Upon a further review of the record, the Court finds there is no genuine issue as to the following material facts.

4. Plaintiffs position as Regional Director was classified as a trust or confidence position.

5. The NPP lost the general elections in 1984, and with it the control of the executive branch of the Commonwealth government, to the PDP. The standard bearer of the PDP, Rafael Hernández Colón, took office as Governor of Puerto Rico in January, 1985.

6. Pursuant to the Puerto Rico Public Service Personnel Act, 3 L.P.R.A. § 1301 et seq., the Director of the Central Office of Personnel Administration (OCAP), José Roberto Feijoo, on June 9, 1979, issued Circular 6-79 regarding the classification of confidence employees within the Central Administration. As part of the classification plan, 57 positions were developed and descriptions were summarized. The Circular includes the classification and summary of Regional Director I. That summary is listed as follows:

Professional, technical and/or administrative work that require [sic] the application of varied knowledge in the different fields of management, coordination, and supervision at a regional level of an agency or small executive department’s programs. The employee within this class shall advise the Head of the Agency during the process of development and formulation of the agency’s public policy and shall implement same at a regional level once finally approved. He/she performs the work with utmost independence and action criteria.

7. OCAP subsequently issued the Job Classification Questionnaire (OP-16) for plaintiff’s position, signed by plaintiff, which is set out in pertinent part, infra.

III.Fourteenth Amendment Claim

Defendant’s Motion for Summary Judgment did not address whether it was entitled to qualified immunity from damages on the due process claim. The Court [347]*347is mindful, however, that defendant’s failure to make obvious arguments may not preclude the unnecessary prolongation of this case at the appellate level. Rodríguez Rodríguez v. Muñoz Muñoz, 808 F.2d 138, 140 (1st Cir.1986) reversing 603 F.Supp. 349 (D.P.R.1985) (defendant entitled to qualified immunity on appeal where the issue was not advanced in the district court).

The due process clause of the fourteenth amendment guarantees public employees with a property interest in continued employment the right to an informal hearing prior to being discharged. Brock v. Roadway Express, — U.S. -, 107 S.Ct. 1740, 95 L.Ed.2d 239 (1987); Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 542, 105 S.Ct. 1487, 1493, 84 L.Ed.2d 494 (1985). A property interest is created by “existing rules or understandings that stem from an independent source such as state law.” Loudermill, 470 U.S. at 538, 105 S.Ct. at 1491.

The local law governing the issue of the property right is the Puerto Rico Public Service Personnel Law, (“Act”) 3 L.P.R.A. § 1301 et seq. The Act divides government employees into two categories, career employees and trust or confidential employees. 3 L.P.R.A. § 1349. Confidential employees are “those who intervene or collaborate substantially in the formulation of public policy, who advise directly or render direct services to the head of the agency ...” 3 L.P.R.A. § 1350. In contrast, career employees may only be dismissed for “good cause, after preferment of charges in writing.” 3 L.P.R.A. § 1336(4) (Supp. 1985). Confidential employees are “of free selection and removal.” Id.

Plaintiff’s position as Regional Director was classified as a trust or confidence position under the Personnel Act. Under the Personnel Act, a trust employee does not possess a property interest to continued public employment, and therefore, is not entitled to due process protections prior to discharge. Laureano-Agosto v. García Caraballo, 731 F.2d 101, 103 (1st Cir.1984). Accordingly, the Court DISMISSES the claim for violation of plaintiff’s due process rights.

IV. First Amendment Claim

Plaintiff claims that as Regional Director of the PSC he was confined to politically neutral, technical and professional matters. The work he performs is so remote from the politically-influenced functions of the agency, and his discretion and authority is limited to recommendations to his supervisor.

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Related

Poller v. Columbia Broadcasting System, Inc.
368 U.S. 464 (Supreme Court, 1962)
Elrod v. Burns
427 U.S. 347 (Supreme Court, 1976)
Branti v. Finkel
445 U.S. 507 (Supreme Court, 1980)
Cleveland Board of Education v. Loudermill
470 U.S. 532 (Supreme Court, 1985)
Brock v. Roadway Express, Inc.
481 U.S. 252 (Supreme Court, 1987)
Luisa A. De Abadia v. Hon. Luis Izquierdo Mora
792 F.2d 1187 (First Circuit, 1986)
Rodriguez v. Munoz
603 F. Supp. 349 (D. Puerto Rico, 1985)
Mendez-Palou v. Rohena-Betancourt
813 F.2d 1255 (First Circuit, 1987)

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Bluebook (online)
666 F. Supp. 345, 1987 U.S. Dist. LEXIS 7361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guzman-lorenzo-v-almodovar-prd-1987.