DOCSLIB.ORG

Case 3:16-Cv-01585 Document 1 Filed 03/31/16 Page 1 of 34

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Case 3:16-Cv-01585 Document 1 Filed 03/31/16 Page 1 of 34 Case 3:16-cv-01585 Document 1 Filed 03/31/16 Page 1 of 34 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO INÉS MARÍA JELÚ IRAVEDRA, * * CIVIL NO. Plaintiff, * * RE: CIVIL RIGHTS v. * * MUNICIPALITY OF GUAYNABO; and * PLAINTIFF DEMANDS HÉCTOR O’NEILL-ROSA, * TRIAL BY JURY * Defendants. * ******************************* COMPLAINT TO THE HONORABLE COURT: NOW INTO THIS COURT, through the undersigned counsel, comes the Plaintiff and respectfully states, alleges and requests, as follows: I. NATURE OF ACTION 1.1 Plaintiff Inés María Jelú-Iravedra (“Jelú” or “Plaintiff”) brings this action, pursuant to Title VII of the Civil Rights Act of 1964 (“Title VII”) against her former employer, the Municipality of Guaynabo (“The Municipality” or “Defendant”), and Héctor O’Neill-Rosa (“O’Neill-Rosa”). 1.2 Jelú claims herein under that O’Neill-Rosa subjected her to a pattern of sexual harassment that included unconsented physical contacts, and unwelcomed explicit invitations to have sexual intercourse and sexual remarks, which was sufficiently severe or pervasive so as to alter the conditions of her employment and create an abusive and hostile work environment. Case 3:16-cv-01585 Document 1 Filed 03/31/16 Page 2 of 34 1.3 Plaintiff also claims herein below that The Municipality knew about O’Neill-Rosa’s unlawful conduct and failed to take immediate and appropriate corrective action, thereby emboldening the harasser to continue his misconduct and thus, Defendant can be deemed to have adopted the offending conduct and its results, quite as if they had been authorized affirmatively as the employer’s policy. Instead of taking prompt remedial action, The Municipality engaged in a pattern of retaliation against Jelú and, finally, constructively discharged her for having complained of sexual harassment to the Equal Employment Opportunity Commission (“EEOC”). 1.4 Jelú also brings this complaint against The Municipality for sexual harassment and retaliation under the local counterparts of Title VII; and, against both The Municipality and O’Neill-Rosa for assault, battery, breach of the peace, stalking, threats, defamation, undue intrusions into her private life, character assassination and attacks to her professional reputation, in violation of her constitutional right to privacy and dignity. 1.5 Plaintiff demands trial by jury. II. JURISDICTION 2.1 This Honorable Court has subject matter jurisdiction to allow this suit pursuant to 28 U.S.C. § 1331. This action is authorized pursuant to Sections 706(f)(1) and (3) of Title VII, as amended, 42 U.S.C. § 2000c-(5)(f)(1) and (3). 2 Case 3:16-cv-01585 Document 1 Filed 03/31/16 Page 3 of 34 2.2 This Honorable Court has personal jurisdiction over this civil action because the employment practices and other acts alleged to be unlawful were committed and the damages were suffered by Plaintiff within the jurisdiction of the United States District Court, District of Puerto Rico. 2.3 Pursuant to 42 U.S.C. § 1367(a), this Honorable Court has supplemental jurisdiction over the pendent claims raised herein by Plaintiff, pursuant to Law No. 17 of April 22, 1988 (29 L.P.R.A. §§ 155 et. seq.; henceforth “Act 17”), Law No. 100 of June 30, 1959 (29 L.P.R.A. §§ 146 et. seq., henceforth “Act 100”), Law No. 69 of July 6, 1985 (29 L.P.R.A. § 1321 et. seq.; henceforth “Act 69”), Articles 1801 and 1802 of the Puerto Rico Civil Code (31 L.P.R.A. §§ 5141 and 5142; henceforth “General Tort Statute”), since they are so related to the aforestated federal claims that they all form part of the same case or controversy under Article III of the Constitution of the United States of America. 2.4 On July 30, 2015, Plaintiff filed timely charges of employment discrimination with the Anti-Discrimination Unit of the EEOC. More than 180 have elapsed since the filing of the charge in the case of reference on July 30, 2015, without the EEOC having taken any action. III. PARTIES TO THE ACTION 3.1 Jelú is an adult female individual and a citizen of the United States of America, who resides in the Commonwealth of Puerto Rico. 3 Case 3:16-cv-01585 Document 1 Filed 03/31/16 Page 4 of 34 3.2 At all times relevant herein, Jelú was an employee of The Municipality, within the meaning of the applicable statutes, who fulfilled duties for Defendant, as Attorney III, at its Legal Division located in City Hall in Guaynabo, Puerto Rico (henceforth “Legal Division”). 3.3 At all times relevant herein, Jelú was duly qualified to carry out the duties assigned to her in the position of Attorney III; she performed her functions with a high degree of excellence, diligence and interest in her work; and, she expected to be treated in a professional and respectful manner at the workplace by her supervisors and third party-invitees, without the fear of being the object of discrimination or of being subjected to hostile and abusive conduct by reason of her sex or to reprisals for having complained of sexual harassment. 3.4 The Municipality is a city, or municipal entity, with the capacity to sue and/or be sued, located within the Commonwealth of Puerto Rico. 3.5 At all times relevant herein, The Municipality was an “employer” within the meaning of the applicable statutes, which engaged in an industry affecting commerce and employed more than 500 regular employees. 3.6 O’Neill-Rosa is an adult male and son of the Mayor of The Municipality, Hon. Héctor O’Neill-García (“Mayor O’Neill- García”), who performed functions and fulfilled duties for the New Progressive Party (“NPP”) in Guaynabo, P.R. As such, 4 Case 3:16-cv-01585 Document 1 Filed 03/31/16 Page 5 of 34 O’Neill-Rosa frequented City Hall, including the Legal Division where Plaintiff worked. 3.7 At all times relevant herein, Ana Quintero (“Quintero”) was an employee of The Municipality, acting within the course and scope of such agency and employment, who performed managerial, administrative and/or supervisory functions, and fulfilled duties for Defendant in the Legal Division. IV. FACTUAL ALLEGATIONS A. The Sexual Harassment. 4.1 On July 15, 2012, Jelú started working at the post of Attorney II of the Legal Division of The Municipality, under the supervision of the then Director, Hector Hoyos. 4.2 Since Jelú’s arrival at the Legal Division in July of 2012, and up to July of 2015 -- that is, for an uninterrupted period of three years -- O’Neill-Rosa, with the full knowledge and consent of The Municipality, continuously subjected her to a pattern of unwanted sexual advances consisting of: a) lustful glances and gestures; b) comments of a sexual nature; c) explicit invitations to have sex; d) stalking and persecution; e) at all hours, constant calls and text messages to her cell phone; and, f) lascivious physical contacts without her consent. 4.3 Also during said three-year period, O'Neill-Rosa repeatedly told Jelú that if she did not submit to his sexual 5 Case 3:16-cv-01585 Document 1 Filed 03/31/16 Page 6 of 34 advances, The Municipality was going to fire her because he influenced the employment decisions of his father, Mayor O’Neill-García. 4.4 During Jelú’s first month of employment, O’Neill-Rosa went into her office uninvited. After greeting Jelú, O’Neill- Rosa hugged her tightly, grinding his genitals against her body; he grabbed her buttocks and fondled her breasts; and he kissed her on the mouth and neck. While doing this, O’Neill- Rosa told Jelú that he liked her a lot and that she had him very horny. When Jelú was able to break away from his embrace, she told O’Neill-Rosa to leave her alone, that she had no interest in him and that she did not want him to affect her work. O’Neill-Rosa replied that it was just the opposite, because all the female employees who were working there had to be available to him and have his total trust; and that it would be an advantage for her to submit to him and keep him happy, because no one else was going to touch her there and he was going to obtain many employment benefits for her. 4.5 After the occurrence of the incident narrated in the foregoing paragraph, O’Neill-Rosa -- two to five times per month -- would walk into Jelú’s office uninvited and repeat the same behavior or engage in similar sexually-charged conduct. 4.6 On one of these occasions that O’Neill-Rosa unexpectedly appeared at Jelú’s office, he greeted her with a tight hug and fondled her body, introduced his hand inside her 6 Case 3:16-cv-01585 Document 1 Filed 03/31/16 Page 7 of 34 underwear and touched her genitalia. She immediately reacted by suddenly pulling his hand out of her underwear, accidentally causing his hand to hurt her genitals, and pushing him away from her. 4.7 During another unannounced visit to Jelú’s office, and while she was sitting at her desk, O'Neill-Rosa dropped his pants, pulled out his penis, placed it close to her face and told her to suck it. She immediately got up from her chair, left her office and locked herself in the women’s bathroom until he left the premises. 4.8 In many of O’Neill-Rosa’s surprise visits to Jelú’s office, besides engaging in lascivious physical contacts with her body and as part of his repertoire, he would utter profane sexual comments to her, such as: “I’m going to fuck you,” “I'll suck your pussy and you’ll get addicted,” "that pussy is mine,” “I’m going to stick it up your ass,” “give me 10 minutes and you will see,” etc.
Load more

Recommended publications
  • Puerto Rico | Miami | New York 1 PUT AMERICA FIRST!
    Washington | Puerto Rico | Miami | New York 1 PUT AMERICA FIRST! THE MINORITY CHAMBER OF COMMERCE ANNOUNCES: THE PUERTO RICO HUB ECONOMIC RECONTRUCTION CENTER COMING UP JANUARY 26, 2019 and partners, mayors of Puerto Rican mu- Grow your way to Puerto Rico Reconstruc- nicipalities, businesses, and advocates all tion with a prestigious address for your joining together to support the resurgence presence in the island, a dedicated local of the local economy and Puerto Rico’s receptionist to answer and handle calls growth goals. The following services will be as you instruct, ability to change your re- available for our members: ceptionist’s instructions immediately at any time, access to 5-star meeting and confer- 18 Years is Hospitality Program: The goal of the pro- encing facilities when you need them 24 gram is support U.S Companies and busi- hours – 7 days with a professional support Coming at ness organizations to further enhance the team to look after your administrative tasks. the Minority abilities of Puerto Rico to provide first-class Chamber of service to their visitors with local transpor- Event Planner Coordination: We offers a tation, security, house-apartment or hotel. variety of planning and coordination ser- Commerce The Chamber aims to achieve this by be- vices to make any event a success. We are Doug Mayorga ing a resource for industry-specific coor- able to assist any Chamber in U.S, Indus- Publisher & President dination to create jobs through hiring local try, Company, Professionals, Government [email protected] drivers and hundreds of residential –high and Philanthropic Organization with events 202.250.0260 level- available for our members.
    [Show full text]
  • Puerto Rico (8)” of the James M
    The original documents are located in Box 28, folder “Puerto Rico (8)” of the James M. Cannon Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Digitized from Box 28 of the James M. Cannon Files at the Gerald R. Ford Presidential Library THE WHITE HOUSE WASHINGTON June 10, l~ MEMORANDUM FOR: JI N JI CA NAUGH FROM: STEVE McCONAHEY ~ SUBJECT: Puerto Rico Visit On Tuesday and Wednesday I met with the current Governor of Puerto Rico, Rafael Hernandez-Colon, the current Mayor of San Juan, Carlos Romero Barcelo, and the former Governor of Puerto Rico Luis Ferre. The purpose of my visit was to brief these officials on the nature and status of the Economic Summit Conference plans, solicit their ideas and suggestions regarding the Conference planninq and to qain their aqree­ ment on minimizinq the domestic political rhetoric and debate that has surfaced recently -- largely because of the Puerto Rican compact and because the Governor and Mayor will be opposing one another in November for the Governorship.
    [Show full text]
  • Senado De Puerto Rico Diario De Sesiones Procedimientos Y Debates De La Decimosexta Asamblea Legislativa Primera Sesion Ordinaria Año 2009 Vol
    SENADO DE PUERTO RICO DIARIO DE SESIONES PROCEDIMIENTOS Y DEBATES DE LA DECIMOSEXTA ASAMBLEA LEGISLATIVA PRIMERA SESION ORDINARIA AÑO 2009 VOL. LVII San Juan, Puerto Rico Lunes, 16 de marzo de 2009 Núm. 20 A la una y diecisiete minutos de la tarde (1:17 p.m.) de este día, lunes, 16 de marzo de 2009, el Senado reanuda sus trabajos bajo la Presidencia de la señora Margarita Nolasco Santiago, Vicepresidenta. ASISTENCIA Senadores: Roberto A. Arango Vinent, Luis A. Berdiel Rivera, Eduardo Bhatia Gautier, José Ramón Díaz Hernández, Alejandro García Padilla, José E. González Velázquez, Angel Martínez Santiago, Migdalia Padilla Alvelo, Itzamar Peña Ramírez, Kimmey Raschke Martínez, Carmelo J. Ríos Santiago, Thomas Rivera Schatz, Luz M. Santiago González, Lawrence Seilhamer Rodríguez, Antonio Soto Díaz, Cirilo Tirado Rivera, Carlos Javier Torres Torres y Margarita Nolasco Santiago, Vicepresidenta. SRA. VICEPRESIDENTA: Habiendo quórum, se inician los trabajos del Senado de Puerto Rico, hoy lunes, 16 de marzo de 2009. (Se hace constar que después del Pase de Lista Inicial entraron a la Sala de Sesiones: las señoras Luz Z. Arce Ferrer, Norma E. Burgos Andújar; los señores José L. Dalmau Santiago, Antonio J. Fas Alzamora; la señora Sila María González Calderón; los señores Juan E. Hernández Mayoral, Héctor Martínez Maldonado, Luis D. Muñiz Cortés, Eder E. Ortiz Ortiz; las señoras Lornna Soto Villanueva y Evelyn Vázquez Nieves). INVOCACION El Reverendo Adolfo Santana y el Padre Efraín López Sánchez, miembros del Cuerpo de Capellanes del Senado de Puerto Rico, proceden con la Invocación. REVERENDO SANTANA: Oramos. Señor, queremos comenzar esta semana dándote muchas gracias por la vida que nos regalas.
    [Show full text]
  • United States Conference of Mayors the UNITED STATES CONFERENCE of MAYORS
    MAYORS A PARTNERSHIP BETWEEN MAJOR LEAGUE BASEball AND THE UNITED STATES CONFERENCE OF MAYORS THE UNITED STATES CONFERENCE OF MAYORS Mitchell J. Landrieu Mayor of New Orleans President Stephen K. Benjamin Mayor of Columbia Vice President Bryan K. Barnett Mayor of Rochester Hills Second Vice President Tom Cochran CEO and Executive Director The U.S. Conference of Mayors is the official nonpartisan organization of cities with populations of 30,000 or more. There are 1,393 such cities in the country today, each represented in the Conference by its chief elected official, the Mayor. Printed on Recycled Paper. do your part! please recycle! 2017 is the third year of The United States Conference of Mayors and Major League Baseball (MLB) Play Ball Summer Campaign. This year mayors in the United States and Puerto Rico hosted “PLAY BALL” -themed, youth-focused events in communities from June through August 2017. Play Ball is a joint program from MLB and USA Baseball that focuses on the fun nature of baseball and encourages widespread participation in baseball-related activities. A primary goal of the Play Ball Summer Initiative is to reach kids who don’t normally play baseball. Building on the success of previous years, this year - over 255 mayors pledged to host Play Ball events in cities. Mayors were encouraged to engage youth, citizens, families, and city departments to organize community Play Ball events. From June to August mayors across the country hosted activities such as: baseball/ softball themed clinic days for park and recreation summer camps, playing lunchtime catch games outside of city hall, hosting pitch, hit and run clinics with Little Leagues, showcasing the pastime at the local international festival, as well as hosting baseball themed movie nights with pre-movie baseball drills that engaged families.
    [Show full text]
  • City Marketing and Gated Communities: a Case Study of Guaynabo, Puerto Rico
    University of Massachusetts Amherst ScholarWorks@UMass Amherst Open Access Dissertations 9-2009 City Marketing and Gated Communities: A Case Study of Guaynabo, Puerto Rico Carlos A. Suarez-Carrasquillo University of Massachusetts Amherst, [email protected] Follow this and additional works at: https://scholarworks.umass.edu/open_access_dissertations Part of the Political Science Commons Recommended Citation Suarez-Carrasquillo, Carlos A., "City Marketing and Gated Communities: A Case Study of Guaynabo, Puerto Rico" (2009). Open Access Dissertations. 139. https://scholarworks.umass.edu/open_access_dissertations/139 This Open Access Dissertation is brought to you for free and open access by ScholarWorks@UMass Amherst. It has been accepted for inclusion in Open Access Dissertations by an authorized administrator of ScholarWorks@UMass Amherst. For more information, please contact [email protected]. CITY MARKETING AND GATED COMMUNITIES: A CASE STUDY OF GUAYNABO, PUERTO RICO A Dissertation Presented by CARLOS A. SUÁREZ-CARRASQUILLO Submitted to the Graduate School of the University of Massachusetts Amherst in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY September 2009 Department of Political Science © Copyright by Carlos A. Suárez-Carrasquillo 2009 All Rights Reserved CITY MARKETING AND GATED COMMUNITIES: A CASE STUDY OF GUAYNABO, PUERTO RICO A Dissertation Presented by CARLOS A. SUÁREZ-CARRASQUILLO Approved as to style and content by: _______________________________ John Brigham, Chair _______________________________ Laura Jensen, Member _______________________________ Ellen Pader, Member _______________________________ John A. Hird, Department Head Department of Political Science DEDICATION To Milagros Carrasquillo Bonilla (mi madre) and Ángel Luis Suárez Martínez (mi padre) for nourishing my dreams. ACKNOWLEDGEMENTS This arduous process has required a lot of patience and considerable aguante.
    [Show full text]
  • [CERTIFIED TRANSLATION] 1A in the PUERTO RICO SUPREME
    [CERTIFIED TRANSLATION] 1a IN THE PUERTO RICO SUPREME COURT The People of Puerto Rico Respondent v. Luis M. Sánchez Valle Petitioner _______________________________________ The People of Puerto Rico Respondent v. Jaime Gómez Vázquez Petitioner ______________________________________ The People of Puerto Rico v. René Rivero Betancourt _______________________________________ The People of Puerto Rico v. Rafael A. Delgado Rodriguez _______________________________________ CC-2013-0068 CC-2013-0072 Opinion of the Court issued by Associate Judge Mr. MARTÍNEZ TORRES. In San Juan, Puerto Rico, on March 20, 2015 [CERTIFIED TRANSLATION] 2a To decide these consolidated cases, we must review the rule that we established in Pueblo v. Castro García, 120 P.R. Dec. 740 (1988). For the following reasons, we hereby overrule said precedent and hold that, pursuant to the constitutional protection against double jeopardy, and because Puerto Rico is not a federal state, a person who has been acquitted, convicted or prosecuted in federal court cannot be prosecuted for the same offense in the Puerto Rico courts. I A. CC-2013-0068 On September 28, 2008, the prosecution filed three charges against Mr. Luis M. Sánchez del Valle accusing him of: 1) a violation of Article 5.01 of the Puerto Rico Weapons Act, 25 P.R. Laws Ann. § 458, for selling a firearm without a permit; 2) a second violation of Article 5.01 of the Puerto Rico Weapons Act, supra, for selling ammunition without a permit; and 3) a violation of Article 5.04 of the Puerto Rico Weapons Act, 25 P.R. Laws Ann. § 458c, for illegally carrying a firearm. Under the same facts, a federal grand jury indicted Mr.
    [Show full text]
  • 2009 LULAC National Convention & Exposition San Juan, PR • July 13
    2009 LULAC National Convention & Exposition LULAC CONVENTION PROGRAM All events will be held at the Puerto Rican Convention Center unless otherwise noted Saturday, July 11 Preconvention Puerto Rico Island Exploration Tour 7:00 am to 7:00pm Tour Destinations: Bayamon, Camuy, Hatillo, Mayaguez, Salinas, Ponce Host: Mayor Ramon Luis Rivera-Bayamon; Hon. Mayor Edwin Garcia; Rev. Carmen Cabrera- Hatillo; Mr. Daniel J. Galan Kercado-Secretary of Natural Resources; Hon. Mayor Dr. Carlos Rodriguez Mateo Sunday, July 11 Puerto Rico Mayor’s Welcome ............................................................................ San Juan City Hall Host: Mayor Jorge Santini Padilla, By Invitation Only Monday, July 13 LULAC Federal Training Institute Pre-Conference Meetings 8:00 am to 5:00 pm Department of Labor ............................................................................................................. 104 B&C 8:00 am to 5:00 pm U.S. Army .................................................................................................................................... 201 B Noon to 2:00 pm Department of Justice ................................................................................................................. 209 C Noon to 5:00 pm Department of Agriculture .......................................................................................................... 209 B Noon to 5:00 pm Department of Commerce ........................................................................................................... 208 C Noon
    [Show full text]
  • 47 FTI/LULAC Agenda Saturday/Sunday/Monday July 11-13
    FTI/LULAC Agenda Saturday/Sunday/Monday July 11-13 47 can one organization All events will be held at the Puerto Rico Convention Center unless otherwise noted make a difference? Saturday, July 11 7:00 am - 7:00 pm Preconvention Puerto Rico Island Exploration Tour Tour Destinations: Bayamon, Camuy, Hatillo, Mayaguez, Salinas, Ponce, Host: Mayor Ramon Luis Rivera, Bayamon; Hon. Mayor Edwin Garcia; Rev. Carmen Cabrera-Hatillo; Daniel J. Galan Kercado, Secretary of Natural Resources; Hon. Mayor Dr. Carlos Rodriguez Mateo Sunday, July 12 7:00 am - 7:00 pm Puerto Rico Mayor’s Welcome (by invitation) San Juan City Hall Mayor Jorge Santini-Padilla Monday, July 13 8:00 am - 5:00 pm Federal Agency Pre-Conference Meetings 8:00 am - 5:00 pm Department of Labor 104 B&C 8:00 am - 5:00 pm U.S. Army 201B 8:00 am - 2:00 pm Department of Justice 209C Noon - 5:00 pm Department of Agriculture 209B Noon - 5:00 pm Department of Commerce 208C Noon - 5:00 pm Department of Interior 202A Noon - 5:00 pm Environmental Protection Agency 209A 1:00 pm - 5:00 pm LULAC National Convention & Federal Training Institute Registration Exhibit Foyer 2:30 pm - 4:20 pm Federal Air Marshals 209C 3:00 pm - 4:30 pm Latinos for Sotomayor (live broadcast of U.S. Senate confirmation hearings) 208 A&B Kenneth D. McClintock, Secretary of State of Puerto Rico; LULAC President Rosa Rosales Regla Gonzalez, LULAC National Vice President for Women 4:30 pm - 6:30 pm Federal Bureau of Investigation 209C 6:00 pm - 8:00 pm Opening Ceremony Arsenal de la Puntilla LULAC Sponsors: Puerto Rico Tourism Company, Enterprise Rent-A-Car Company, Hyatt Hotels Corporation, Continental Airlines Welcoming Remarks: Rosa Rosales, LULAC National President Rosa Rosales was re-elected unanimously for a third term as LULAC National President on July 13, 2008 at LULAC’s 79th National Convention in Washington, D.C.
    [Show full text]
  • United States Court of Appeals for the First Circuit
    United States Court of Appeals For the First Circuit Nos. 02-1139, 02-1340, 02-1465 LUIS A. ACEVEDO-GARCIA, et al., Plaintiffs-Appellees/Cross-Appellants, v. ROBERTO VERA MONROIG, Individually and as Mayor of Adjuntas; MUNICIPALITY OF ADJUNTAS; IRMA M. GONZALEZ DELGADO, Individually and as Personnel Director of Adjuntas, Defendants-Appellants/Cross-Appellees. APPEALS FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO [Hon. Jaime Pieras, Jr., U.S. Senior District Judge] Before Boudin, Chief Judge, Bownes, Senior Circuit Judge, and Lipez, Circuit Judge. Johanna M. Emmanuelli-Huertas, with whom Jorge Martinez Luciano and Law Offices of Pedro A. Ortiz Alvarez were on brief for the Municipality of Adjuntas. Luis Villares Sarmiento, with whom Yahaida Zabala, and Sanchez, Betances & Sifre, were on brief for appellants/cross- appellees Vera and Gonzalez in their individual capacities. Gael Mahony, with whom Israel Roldan-Gonzalez, Stuart Svonkin, Erica Templeton, Michael E. Liftik, and Hill & Barlow were on brief for appellees/cross-appellants. August 21, 2003 LIPEZ, Circuit Judge. This complex political discrimination case was filed by eighty-two plaintiffs terminated from career employment positions with the municipality of Adjuntas in Puerto Rico. The district court severed the plaintiffs into four groups -- three groups of twenty and one group of twenty-two -- and the claims of the first twenty plaintiffs are now before us on defendants' appeal from a substantial verdict for plaintiffs. Although this case raises many familiar issues, it also presents some unusual questions arising from the court's initial severance of the plaintiffs, and its later decision to apply non-mutual offensive collateral estoppel to the three remaining pieces of the severed litigation.
    [Show full text]
  • Supporting Puerto Rico's Municipalities in Post-Hurricane
    Building Back Locally Supporting Puerto Rico’s Municipalities in Post-Hurricane Reconstruction SHELLY CULBERTSON, JOHN BORDEAUX, ITALO A. GUTIERREZ, ANDREW LAULAND, KRISTIN J. LEUSCHNER, BLAS NUÑEZ-NETO, LISA SAUM-MANNING HS AC HOMELAND SECURITY OPERATIONAL ANALYSIS CENTER An FFRDC operated by the RAND Corporation under contract with DHS rr3041_cover_v13.indd 1,3 9/4/20 10:41 AM Published in 2020 Preface On August 8, 2018, the government of Puerto Rico submitted to Congress a report entitled Transformation and Innovation in the Wake of Devastation: An Economic and Disaster Recovery Plan for Puerto Rico (henceforth called the Recovery Plan). This plan fulfilled the mandate in the Bipartisan Budget Act of 2018. Under contract with the Federal Emergency Management Agency (FEMA), the Homeland Security Operational Analysis Center (HSOAC) provided substantial support in developing this plan by soliciting and integrating inputs from a wide variety of stakeholders, contributing analysis where needed, and “holding the pen” to write the draft plan. The plan included an overview of damage and needs, courses of action (COAs) to meet those needs, costs of the COAs, and potential funding mechanisms for those costs. In September 2018, FEMA requested that HSOAC conduct several follow-on analyses to better target the efforts to implement the Recovery Plan, including an assessment of how FEMA can support the capacity of Puerto Rico’s 78 municipalities to fulfill their responsibilities in reconstruction projects. This report documents the results of that analysis, which assessed how municipal governments participate in reconstruction projects, aimed to establish a baseline for their current reconstruction capacity, and evaluated how postdisaster reconstruction has been carried out in contexts similar to Puerto Rico.
    [Show full text]
  • Certificación ALCALDES
    COMISIÓN EST~C ION ES CERTIFICACiÓN RESULTADO PRELIMINAR DE LAS ELECCIONES GENERALES 3 DE NOVIEMBRE DE 2020 La Comisión Estatal de Elecciones informa hoy, 7 de noviembre de 2020, los resultados preliminares de las Elecciones Generales celebradas el 3 de noviembre de 2020; con un 100.00% de los colegios escrutados. No obstante, de conformidad con el Código Electoral de Puerto Rico de 2020, las papeletas protestadas y no adjudicadas de los colegios de votación, las no contadas, asi como las de los electores añadidos a mano, serán objeto de revisión y adjudicación durante el Escrutinio General: ALCALDES PPO José Hiram Soto Rivera 4,125 PNP Jaime Barlucea Maldonado 3,795 PIP Carlos A Sanabria Plaza 230 TOTAL 8,150 PPO Christian Cortés 9,617 PNP Luis A. (Berty) Echevarría Santiago 6,402 PIP Luis Agront Sánchez 394 TOTAL 16,413 PPO Julio Roldán Concepción 8,760 PNP Yanitsia Irizarry Méndez 8,685 PIP Eliezer Ríos Santiago 1,011 INOPT Juan Carlos Rosario Soto 242 TOTAL 18,698 PNP Javier García Pérez 5,337 INOPT Fabián Carrión 2,202 PPO Nayda L. Rodríguez Hernández 1,172 PIP Luis (Cocotazo) Oíaz 1,138 TOTAL 9,849 ~ PNP William (Willie) Alicea Pérez 6,132 PPD Tomás (Tommy) Alvarado 3,480 PIP Peter Mattina Canales 509 TOTAL 10,121 PNP Kabir Solares 6,153 PPD Jorge E. Estévez Martínez 4,512 MVC Ch ristia n Sa ntiago 411 PIP Daizabeth M. Fred García 190 INDPT Raymond F. Waters Muñiz 8 TOTAL 11,274 PPD Carlos (Tito) Ramírez Irizarry 17,866 PNP Carlos Molina Rodríguez 9,202 PIP Javier Biaggi 1,523 TOTAL 28,591 PPD Eric Enrique Bachier Román 4,493 PNP
    [Show full text]
  • HOUSE of REPRESENTATIVES . ·Computation of Estimated Costs of Teaching Personnel and Supplies for Instruction in the Communist Conspiracy Abroad
    9582· CONGRESSIONAL RECORD-HOUSE JUNE· 3(} We have·Iistened here on the floor of Mr. DOUGLAS. Mr. President, I ask Servicemen's Readjustment Act (Public Law this body for long hours at this session unanimous consent that the order for a 346, 78th Cong., June 22, 1944); and of the Congress to charges and counter­ S. 3571. An act to continue the au t hority quorum call be rescinded, and that fur­ of the Maritime Commission under the charges, explanations, and alibis con­ ther proceedings under the call be sus­ Merchant Ship Sales Act of 1946, and for cerning what has been done in this cotm­ pended. other purposes. try at home by this same godless force The PRESIDING OFFICER. Without of communism ehdeavoring to work its objection, it is so ordered. MESSAGES FROM THE PRESIDENT agents into our Government-the same ADJOURNMENT Sundry messages in writing from the conspiracy which has caused us to. take President of the United States were com­ these highly unusual and unprecedented Mr. LUCAS. Mr. President, I move municated to the House by Mr. Miller, steps this week to meet it abroad. We that the Senate adjourn until f2 o'cloclc one of his secretaries, who also informed have heard much, but we have taken no. noon tomorrow. · · · · the House that on the follO\ving dates the action. We have had a special investi- . The motion \vas agreed to; and <at President approved and signed bills and gating committee grappling with. the. 7 o'clock and 3· minutes p. m.) the Senate joint resolutions of the House of the problem of what to.
    [Show full text]