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Romero v. State6/12/2002
NOTICE
Memorandum decisions of this court do not create legal precedent. See Alaska Appellate Rule 214(d) and Paragraph 7 of the Guidelines for Publication of Court of Appeals Decisions (Court of Appeals Order No. 3). Accordingly, this memorandum decision may not be cited for any proposition of law, nor as an example of the proper resolution of any issue.
No. 1085
MEMORANDUM OPINION AND JUDGMENT
I. INTRODUCTION
George M. Romero appeals the decision of the superior court denying as untimely his motion for relief from the court's previous judgment under Alaska Rule of Civil Procedure 60(b). Because Romero's motion for relief was timely, we reverse the superior court's decision.
II. FACTS AND PROCEEDINGS
A. Facts
George M. Romero was hired as a correctional officer at the Spring Creek Correctional Facility (Spring Creek) in 1992. As an employee, Romero was a member of the Public Safety Employees Association (PSEA). As a member of PSEA, Romero's employment as a correctional officer was covered by the terms of a collective bargaining agreement between the state and PSEA. The terms of the bargaining agreement included a provision that employee grievances would be resolved through an arbitration process.
In 1995 Romero was deposed in connection with a lawsuit involving allegations of impropriety occurring at Spring Creek. During that deposition, he testified that he had witnessed "the possible theft of ammunition from the facility armory and weaponry accessories from the facility arms post." Romero reported these observations to Sergeant Sal Galvano who reported them to Institutional Training Officer Charles Collier. Collier was also in charge of the Spring Creek armory. Romero alleges that Collier engaged in retaliatory actions as a result of his remarks.
In November 1995 Collier issued Romero a verbal warning for a minor infraction. Collier followed this warning with a letter of instruction, a written reprimand, on November 28, 1995. On December 3, 1995, Romero responded to the statements made in Collier's letter. Collier issued Romero another letter of instruction on December 11, 1995, revoking Romero's weapons certification due to an incident that had occurred the previous month. Romero was then required to become recertified. Romero alleges, however, that Collier removed him without justification from the list of applicants for recertification. Romero further contends that Collier denied him access to other programs as well. Romero also claims that Collier has made defamatory remarks about him.
Romero requested Allen Cooper, the Deputy Director of Spring Creek, to formally investigate these allegations on April 4, 1996. Although a previous investigation had been done, Romero sought a second investigation by Cooper because of Collier's involvement in the previous investigation. Romero contends that Collier and other named defendants continued to harass him after he made his request for an "unbiased" investigation.
From May 29, 1996 through June 6, 1996, Romero did not report for work due to illness. Romero alleges further harassment after he returned to work.
Romero alleges that he sought treatment during March 1997 for the stress he experienced as a result of his work situation. On March 24, 1997, Romero's doctor restricted him to light duty as a result of his condition.
In August 1997 Romero was placed on paid administrative leave pending the outcome of an investigation into his own failure to follow orders. Romero continued on paid leave status until he was terminated effective May 8, 1998. Romero alleges that while
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