Case 3:15-cv-01731-CCC Document 1 Filed 05/31/15 Page 1 of 55 THE UNITED STATE DISTRICT COURT DISTRICT OF PUERTO RICO EVANGELINA RIVERA SANTIAGO; RAMON * A RODRIGUEZ CONDE; MARIA J ARCHEVAL * MONTILLA; DORIS CABRERA QUESADA; * CARLOS F RIVERA GONZALEZ; * JONATHAN LEON SANCHEZ; GETHER * BLACO BORRERO; YVETTE LOPEZ RUIZ; ROSA * CINTRO FERNANDEZ; IRMA ELISA SANTIAGO * ISRAEL RODRIGUEZ; EDWIN RIVERA * MARTINEZ; TERESITA CEPEDA BORRERO; * MILAGRO BELLO LUGO; NESTOR SANTIAGO * VILARIÑO; FRANCES MERCADO IRIZARRY; * JORGE RIVERA GARCIA; MIGUEL A. COLON * SALICHS; CAROLYN I. MARIETTI RODRIGUEZ; * ZORAIDA RIVERA MELENDEZ; CARMEN DE * JESUS TORRES; MAYRA RIVERA NAZARIO; * VIRGEN M. ROSAS ECHEVARRIA; ROBERTO * RIVERA RIVERA; PEDRO CEPEDA BORRERO * MILTON G ACOSTA LUCIANO; PALMIRA * TORRES VELAZCO; LIZETTE RUIZ RODRIGUEZ * MABEL BAIGES VALENTIN; MARTA R. LOPEZ * GONZALEZ; DIOSELINE MARTINEZ CINTRON; * DORALES H. VAZQUEZ MARTINES; ADELAIDA * RODRIGUEZ COLON; HECTOR L. ORTIZ * RIVERA; FRANCISCO J. COLON MALDONADO; * JUAN L. RODRIGUEZ RODRIGUEZ; JEANNETE * CALDERON RODRIGUEZ; FELIX MOJICA * DORIS I. FELICIANO; LENNETTE MEJIAS * GINER; MARIA MOURA HENRIQUEZ; JESUS * M. VELEZ DIAZ; CLARA MARITZA PEREZ * TORRES; MILAGROS SANABRIA IRIZARRY; * PRISCILA CINTRON PABON; MARTA ROSA * LOPEZ GONZALEZ; LIZETT MALDONADO * ROSADO ; MIRIAM DEL CARMEN ALICEA * SANTIAGO; MANUEL A. DOMINICCI * DELGUELLA; JESUS M. VELEZ DIAZ; * WALDEMAR RIVERA CASIANO;HARRY VELEZ * MAYORAL; MIGUEL A. VARGAS LARACUENTE * DANIEL SANTIAGO FERNANDEZ; CARMEN * SANTIAGO MELENDEE; DANIEL SANTIAGO * PALMIRA RIOS FELIBERTY; JORGE PEREZ * LUGO; BLAS A. RIVERA VARGAS; JULIO * ANGEL DE JESUS CRUZ; ALEXANDER * MALDONADO OLIVENCIA; ALLEN J GARCIA * MORA; NAIDA MUÑIZ SERRANO; ARIEL * DAVILA BLANCO; JULIO HERNANDEZ * MORALES; ROSA HAYDEE QUINTANA * GUZMAN; NAIDA MUÑIZ SERRANO; WALTER * LUGO RAMOS; MIRMARY RIVERA VEGAS; * Case 3:15-cv-01731-CCC Document 1 Filed 05/31/15 Page 2 of 55 FERNANDO FERNANDEZ HERNANDEZ; * JEHNNYOLIVERAS SILVA; RAFAEL * SEPULVEDA RIVERA; RAMON L RIVERA * MUNET; JAVIER LUCIANO TORRES; * CORSINO NAZARIO; HILDA E. * CARTAGENA MEDINA; EDGAR * VELAZQUEZ MONTALVO; ANGEL M. * ALBERTORIO RUIZ; LUIS A. GOMEZ * HERNANDEZ; TANIA S. VEGA COLON; * * * * V * MUNICIPALITY OF PONCE * MARIA MELENDEZ ALTIERI in her personal * and official capacity as Mayor of the * Autonomous Municipality of Ponce; JANICE * GONZALEZ GALARZA in her personal and * official capacity as Director of Human Resources * JOHN DOE; CONJUGAL * PARTNERSHIP OF JANICE GONZALEZ * GALARZA AND JOHN DOE; ELIEZER * VELAZQUEZ QUILES in his personal and * official capacity as City Administrator; JANE * DOE; CONJUGAL PARTNERSHIP OF * ELIEZER VELAZQUEZ QUILES AND JANE * DOE; INSURANCE COMPANY XYZ; JOHN * DOE II * ******************************************* COMPLAINT TO THE HONORABLE COURT: Comes now the Plaintiffs in the case of caption, by and through the undersigned attorney and very respectfully ALLEGE, STATE AND PRAY: I. INTRODUCTION: 1. This is a civil rights action brought under 42 U.S.C. sections 1983 and 1988 for deprivation of rights to freedom of speech and freedom of Association, under the First and Fourteenth Amendments to the United States Constitution, for violations of rights of Due Process, and for Attorney’s fees, as well as rights guaranteed by the Constitution and the Laws of Puerto Rico pursuant to articles 1802 of the Civil Code of Puerto Rico 31 L.P.R.A. Sections 5141 and, LAW 100 29 LPRA sec. 146, and fraudulent actions. The plaintiffs seek declaratory and injunctive relief; back pay; emotional, economic and punitive damages; pre and post judgment interests, reinstatement to regular working hours and salary; lost benefits and reinstatement of benefits; and any other relief which this Court deems just and proper. 2 Case 3:15-cv-01731-CCC Document 1 Filed 05/31/15 Page 3 of 55 II. JURISDICTION AND VENUE 2. The court has subject matter jurisdiction over the federal claims pursuant to 28 U.S.C. Sections 1331 and 1343 (3) due to the fact that this action arises under the United States Constitution, and Laws of the United States. Subject Matter Supplemental Jurisdiction over claims asserted under the Laws of Puerto Rico is based upon supplemental jurisdiction pursuant to 28 U.S.C. Section 1367. The federal claims have sufficient substance to confer subject matter jurisdiction to this Court and the State Law claims arise out of the same nucleus of operative facts as the Federal Claims arise. Venue is proper pursuant to 28 USC Section 1391 (b) as Puerto Rico is the Judicial District where all the relevant facts occurred and where all parties reside. III. JURY TRIAL DEMANDED 3. All Plaintiffs demand trial by jury in all causes of action. IV. PARTIES 4. The plaintiffs in the present action are all natural persons, citizens of the United States of America, residents of the Commonwealth of Puerto Rico and received their writing communication in regards to their hourly reduction on or after June 2, 2014. 5. Evangelina Rivera Santiago (hereinafter Plaintiff Evangelina Rivera), is a Career Employee of MAP whose present position, since January 2009, is Executive Officer by classification and Administrator by Functional Title. She has worked for MAP for 25 years. She has been an excellent employee, and has been responsible and efficient realizing the functions of her position. 6. In 2008 and 2012 Plaintiff Evangelina Rivera ran in primaries under the Popular Democratic Ticket for Representative in Ponce, she did not win the primaries, and actively campaigned for all members of the Popular Democratic Party running in general elections. All MAP employees, contractors, Legislative Assemblymen/women, and the mayor knew that she was running for the aforementioned post of Representative, and after her loss actively supported PPD candidates running for various elected posts in Ponce. 7. In the elections 2012, Eliezer Velazquez Quiles, now Confidence Employee of the MAP Mayor, ran for Senator for the Ponce District. He lost his bid to the Honorable Martin Vargas and the Honorable Ramon Nieves, both running under the PPD Ticket in the general elections. He was appointed by the MAP Mayor to the position of City Administrator, after his loss and eventually took over the position of City Administrator, a position which he has held at all relevant times. Because both Plaintiff Evangelina Rivera and Defendant Eliezer Velazquez were both actively running and involved in Ponce Politics, they knew each other’s political affiliations. 3 Case 3:15-cv-01731-CCC Document 1 Filed 05/31/15 Page 4 of 55 8. Santiago Martinez Irizarry former Mayor from Juana Diaz 1992-2000 under the NPP ticket, was contracted through a Professional Services Contract Number 09-22-74 on June 29, 2009, as Director of the Juan Morel Campos Institute of Music, which paid a total of $1,701.00 monthly for a total of 4 hours a day 4 days a week with a limit of 20,412.00 yearly. The following fiscal year, he signed another contract which added 4 additional hours to his work day and brought up his monthly salary to 2,333.33 monthly, with a limit of 28,000.00 yearly, said contract was assigned the number 2010002295. Although MAP has used alleged economic problems for cutting salaries, Martinez Irizarry’s salary through contract No. 201400041 he is earning $2,280.00 monthly with a yearly total of 27, 360.00. He suffered a cut of 10%. 9. Martinez Irizarry’s job duties are the same as those of Evangelina Rivera, he began working for MAP after she did, she is a career employee, and he works under a professional service contract. His salary was cut by 10% and Evangelina Rivera’s salary was cut by 47%. She began working for the Juan Morel Campos Institute of Music, in January of 2009. 10. MAP Mayor has shown clear preference to a professional service contractor over a career employee, and has punished Evangelina Rivera by cutting her salary by 47%, because Evangelina Rivera belongs to a different political party than does MAP Mayor. 11. Evangelina Rivera has a salary of $4,445.00 gross monthly, a letter dated May 28, 2014, notified that her work hours would be reduced by 3.5 hours daily, and her salary would be reduced to 2,431.00 monthly. She was again notified by letter on May 30, 2014 that about the work and salary reductions, however, those letter were not received by her until June 2, 2014. Said written notification contained various errors, including the citation of an inexistent Ordinance, 74 Series 2014-2015, upon which this illegal action was based. 12. The MAP then began to send letters correcting, via Fe de Errata, directed to all MAP employees in general and not to any particular Plaintiff Evangelina Rivera, which are acts contrary to the law. 13. Said notification letters and subsequent letters, were all signed by Eliezer Velazquez and not the Mayor, another illegal act. 14. The MAP did not exhaust all other measures of reduction in areas not restricted by law and Constitutional Rights. 15. The Ordinance permitted the reduction of work hours and salary of Career, transitory, and irregular employees, without regard to the rights of career employees who have property rights in their employment. 16. That co-worker Carmen Martinez Aja and Ida Santos Borrero do the same work that Plaintiff Rivera They are active members of the PNP, however, due to political reasons defendants authorized them t o work 30 hours 4 Case 3:15-cv-01731-CCC Document 1 Filed 05/31/15 Page 5 of 55 weekly while Plaintiff Rivera work 20 hours weekly. 17. Ramon A. Rodriguez Conde, (hereinafter Rodriguez Conde) Career Employee of MAP, whose present position is Recreation Leader, and whose Monthly Salary is $1,649.00 Gross. Plaintiff Rodriguez Conde was notified on May 28 then on May 30, 2014 that his work hours would be reduced by 3.5 hours daily, and his salary reduced to $874.47 gross monthly. He has worked for MAP for 15 years.