Acevedo Garcia v. Vera Monroig

Citation30 F.Supp.2d 141
Decision Date23 November 1998
Docket NumberNo. Civ. 97-2639 (JP).,Civ. 97-2639 (JP).
PartiesLuis A. ACEVEDO GARCIA, et al., Plaintiff, v. Hon. Roberto VERA MONROIG, et al., Defendant.
CourtU.S. District Court — District of Puerto Rico
OPINION AND ORDER

PIERAS District Judge.

I. Introduction and Background

The Court has before it Defendants' Motion for Summary Judgment (docket No. 53), Plaintiffs' Motion Opposing Summary Judgment (docket No. 63), Defendants' Reply to Opposition to Motion for Summary Judgment (docket No. 72), and Plaintiffs' Answer to Defendants' Reply to Plaintiffs' Motion in Opposition for Summary Judgment (docket No. 74).

Plaintiffs are 88 current and former career employees of the Municipality of Adjuntas. In their Complaint, Plaintiffs allege that they were harassed and dismissed from their positions with the Municipality of Adjuntas for politically discriminatory reasons by the following Defendants: the Honorable Roberto Vera Monroig, Mayor of Adjuntas ("Mayor Vera"), Irma M. González Delgado, Personnel Director of the Municipality of Adjuntas ("González"), and the Municipality of Adjuntas ("Municipality").

Plaintiffs, members of the New Progressive Party ("NPP"), assert that after Mayor Vera, a member of the Popular Democratic Party ("PDP"), was elected in November of 1996 and assumed office on January 14, 1997, Defendants discriminated against them because of their political affiliation with the NPP. Plaintiffs' claims are based on the First, Fifth, and Fourteenth Amendments of the United States Constitution and 42 U.S.C. § 1983. In addition, Plaintiffs invoke the Court's supplemental jurisdiction, stating claims under Article II, Sections 1, 2, 4, 6, 7, 16, 19, and 20 of the Constitution of the Commonwealth of Puerto Rico and 29 L.P.R.A. § 146 ("Law 100") prohibiting discrimination based on political beliefs, as well as economic loss, humiliation, mental distress, and emotional suffering pursuant to 31 L.P.R.A. §§ 5141, 5142.

In their Motion for Summary Judgment, Defendants present the following bases for their dismissal of Plaintiffs' claims: (1) Plaintiffs have failed to state a claim for political discrimination; (2) Plaintiffs' layoff was the result of a legitimate "Layoff Plan," approved pursuant to applicable statutes; (3) the Individual Defendants are entitled to absolute and/or qualified immunity for their legislative actions; (4) the Municipality cannot be held liable as it did not have the appropriate discriminatory intent and/or there is no respondeat superior liability; and (5) Plaintiffs have failed to establish a prima facie case of political harassment, and further cannot establish that the Municipality had a "public policy" of harassment.

II. Uncontested Facts

The following facts are undisputed. (Pls.' Mot.Op.Summ.J. at 2, ¶ 7); (Defs.' Statement Uncontested Facts at ¶¶ 1-33, 35-38, 41, 42)

The PDP and Defendant Mayor Vera, president of the PDP in Adjuntas, won the November 1996 elections in the Municipality of Adjuntas. Defendant Vera has served as Mayor of Adjuntas since January 14, 1997. Defendant González, a member of the PDP, has served as the Director of Human Resources of Adjuntas since January 14, 1997.

Rigoberto Ramos, an NPP member, is the former Mayor of Adjuntas, and held the office of Mayor from January 1973 through 1980, and from 1989 through 1996. During the period from 1989 to the beginning of the PDP administration, the Municipality had hired 115 employees, two of which were affiliated with the PDP. In January of 1997, Adjuntas employed 229 regular employees, and many departments were so overstaffed that some employees did not have desks. Also during this time period, 25 municipal employees worked for state agencies and another 24 worked for private corporations. The salaries of these employees were paid with municipal funds.

On April 30, 1996, the Puerto Rico Comptroller's Office issued an audit report, M-96-14, indicating that the Municipality had a deficit of at least $1,000,000 per year since 1985. On January 13, 1997, Mayor Vera requested a financial situation study from a Certified Public Accountant, Reinaldo Ramírez ("C.P.A.Ramírez"), and the report was delivered on May 8, 1997. On or around February 17, 1997, Mayor Vera also contacted Guerra, Chiesa, Rivera, Inc., Management and Human Resource Consultants ("Human Resource Consultants"), and requested an evaluation of all personnel files of Municipality employees. Human Resource Consultants prepared a "Layoff Plan for Municipality of Adjuntas Employees" ("Layoff Plan") in March 1997.

The Autonomous Municipalities Act, 21 L.P.R.A. § 4551, as amended in 1995, or "Law 81," requires Municipalities to approve any layoff plan. On April 2, 1997, the Adjuntas Municipal Assembly approved and enacted the Layoff Plan for the Municipality, Ordinance No. 25 (1996-97). A copy of the plan was given to each municipal employee during the week of April 11, 1997.

In May 1997, Mayor Vera held a meeting with C.P.A. Ramírez, Human Resource Consultants, and other Municipality officials to discuss the financial report rendered by C.P.A. Ramírez. The report concluded that the Municipality had a budget deficit of over $5,000,000 and long term debts of $2,000,000. Based on this meeting and the conclusions of the financial report, Mayor Vera gave instructions to implement the Layoff Plan. Starting in May 1997 and for the following six months, Human Resource Consultants and Municipality officials evaluated each personnel file to assess the seniority of Adjuntas employees. Human Resource Consultant Luz M. Guerra held meetings with each department head to establish the minimum number of positions needed to render services.

In July 1997, a list of the positions that could be eliminated was prepared by Human Resource Consultants. On July 29, 1997, notice was sent to all career employees indicating the initial date of public service employment and the accumulated years of public service for each employee. Each employee was also notified that he or she could submit evidence of further public service if the information provided by the Municipality was incorrect.

On or about the first week of September 1997, Human Resource Consultants and Municipality officials prepared the list of employees that would be affected by the Layoff Plan. On September 11, 1997, a letter of severance was sent to 105 employees. The affected employees were also notified of their right to appeal the layoff decision to the Personnel Administration Systems Board of Appeals.

On September 12, 1997, the Municipality posted a list of all employees and their seniority. On September 30, 1997, a letter was sent to employees affected by the Layoff Plan, offering them an orientation program in coordination with the Department of Labor and Human Resources to help them search for new jobs. On October 15, 1997, lists of employees both affected and unaffected by the Layoff Plan were posted. In addition, the Municipality extended the effective date of the layoff from October 15, 1997 to October 31, 1997. Three of the 105 employees affected by the Layoff Plan were found upon further evaluation, to have more public service time than previously believed, and therefore, these employees were removed from the layoff list.

A second letter was sent to the affected employees on October 15, 1997, informing them of their right to appeal the layoff decision. Two of the affected employees exercised their right to appeal. A severance plan for the Municipality became effective October 31, 1997, affecting 11 PDP employees whose public service ranged from four to 29 years. On November 19, 1997, the Adjuntas Municipal Assembly eliminated the 102 positions affected by the implementation of the Layoff Plan and readjusted the budget accordingly through Ordinance No. 20 (1997-98). Defendants have hired a total of 77 employees since January 1, 1997 into Municipal positions under state funded programs as contract employees (Defs.' Ex. 26)

In addition to the undisputed facts listed above, Plaintiffs offer additional contested facts. (Pls.' Statement Contested Facts) First, Plaintiffs claim that many of the Plaintiffs have more years of service or seniority than employees that were retained by the Municipality. Second, Plaintiffs assert that Defendants discriminated against them in the implementation of the Layoff Plan, and that Defendants did not comply with Article VI of the Layoff Plan itself, indicating procedures to be followed before decreeing layoffs.

Plaintiffs also claim that after the new administration took office and before the Layoff Plan was implemented, the Municipality employed workers affiliated with the PDP to perform functions, duties, and/or tasks previously assigned to Plaintiffs. Plaintiffs allege that during this transition period, they were treated differently than PDP affiliated employees, and that their individual supervisors as well as Mayor Vera made comments to the effect that their treatment was the result of Plaintiffs' political affiliation. Finally, Plaintiffs assert that most of the laid-off employees whose positions were similar to those funded by the Municipality were not offered any jobs, and that approximately eight of the Plaintiffs are working under a proposal, while some were offered jobs for which they did not qualify.

III. Summary Judgment Standard

Under Rule 56(c) of the Federal Rules of Civil Procedure, summary judgment may be entered against a party where "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a...

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