Sin Delito Público No Se Debe Permitir un Golpe de Estado Comunista
Sentar el precedente que una turba ruidosa y violadora de ley en varios aspectos logre obligar la renuncia del Gobernador, electo legalmente por el electorado de nuestro pueblo, es inadmisible por ser un grave peligro para el futuro de los ciudadanos estadounidenses que componemos a Puerto Rico.
El Gobernador Rossello no debe de asi renunciar, doblegandose ante las manifestaciones publicas de esa ruidosa turba.
Hay una ruta legal bajo nuestra Constitucion, que abraza el principio de presunción de inocencia, que rige a nuestra civilizacion.
Nuestra Legislatura tiene el poder de residenciar al Gobernador. Lo puede remover del cargo si decide que nuestro Gobernador ha violado nuestra(s) ley(es), fuera de duda razonable. Asi, si de veras Ricardo Rossello debe de abandonar su puesto de Gobernafor de Puerto Rico, que sea por destitucion legal, despido, por nuestra Legislatura luego de concluido un proceso de residenciamiento formal y legal. NO POR RENUNCIA ANTE AMENAZAS Y GRITOS.
Pero, si el proceso de residenciamento se queda corto de proceder a despedir al Gobernador Rossello de su cargo de Gobernador FUERA DE DUDA RAZONABLE, procede entonces apoyar a que continue y termine su termino electo. Eso aplica a todo el pueblo, por lo que la turba ruidosa iene que al fin callar y comportarse como buenos ciudadanos respetuosos de las leyes con orden publico y terminar de inmediato con sus manifestaciones publicas por ya haber dejado de ser ejercicio de libre expresión ante la ley.
Los deseos personales aparte. Necesitamos tener paz ahora y en el futuro en esta, nuestra democracia con forma republicana de gobierno. Con la Bendicion, Proteccion y Guia de Dios siempre.
20 julio 2019 Guaynabo, PR, USA Ing J Raymond Watson
________________
En el Chat no hay intención criminal. El que deseee y tenga pruebas, debe denunciar cualquier acto delictivo me diante Declaración Jurada, pero un Golpe de Estado Comunista o se debe permitir.
Por qué el PPD No le Ha Pedido la Renuncia a Guillito que Confesó le Robó $9 Millones al Municipio de Mayaguez? Por qué no le han solicitado la Renuncia a Yulín?
__________________
A Yulín le radicaron una Demanda Federal que sí implica actuaciones delictivas y tiene derecho al debido proceso de ley:
IN THE UNITED
STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO
YADIRA MOLINA CIV.
NUM. 18-
Plaintiff, Re: First Amendment
Retaliation
v.
MUNICIPIO
DE SAN JUAN,
Defendant
_
COMPLAINT
TO THE
HONORABLE COURT:
COMES NOW Plaintiff
Yadira Molina through her undersigned attorney, and respectfully ALLEGES and PRAYS as follows:
I.
JURISDICTION
This suit is brought and jurisdiction lies pursuant to
pursuant to the provisions of 28 U.S.C. sec 1331, inasmuch as there is federal
question involved.
The following laws are invoked: 42 U.S.C § 1983; Law
115; Law 80 of May 30, 1976, and Articles 1802 and 1803 of the Civil Code of
Puerto Rico.
The proper venue for this case lies in this Court as
the defendants’ principal place of business is Puerto Rico, and the causes of
action took place in Puerto Rico.
II.
PARTIES
Plaintiff Yadira Molina is of legal age, single, and a
resident of Florida. At all times relevant to the instant Complaint, plaintiff
was an individual protected by the laws invoked in this Complaint.
Defendant, Municipio de San Juan is an autonomous
municipality in Puerto Rico and has its principal of business in Puerto Rico.
At all times relevant to this Complaint, this defendant was an
«employer» as defined by the laws invoked in this Complaint. It was
the municipality’s policy, pattern, and practice to engage in the corrupt
allocation of purchases described herein and to retaliate against anyone who
exercised her First Amendment rights by informing persons of authority in the
municipality that she intended to report that illegal conduct.
Defendant Corporation ABC is a corporate entity that
may have liability for the facts set forth in this Complaint.
Defendant Insurance Company DEF is one or more
insurance companies that may have issued and have in effect policies of
insurance for the risks that result from the acts stated in this Complaint, the
identity of which are unknown at present.
Defendants John Roe, Jane Doe, and their respective conjugal partnerships, are persons
responsible for the acts and damages alleged in the instant case whose
identities are unknown at this moment.
III.
F ACTS
Ms. Molina, an attorney, began her career in
government service, but then turned to administration of condominiums and other
work where she could combine her legal and administrative skills.
Ms. Molina returned to public service in 2014,
delighted to be able to work for the benefit
of the citizens of San Juan for an administration that
portrayed
itself as efficient and transparent, working to provide improved services to
the people of San Juan.
Ms. Molina reported directly to Magdiel Perez
Gonzalez, the Municipal Secretary and supervised a staff of 30 people as
Director of Purchasing.
Ms. Molina was in charge of purchasing for the
Municipality of San Juan, including for major events for the municipality,
ranging from school openings to the “Serie Caribe” baseball games to the
“Fiestas de la Calle San Sebastian.”
When public bidding is not required for construction
projects, defendant sent the requisitions to all the suppliers on the approved
list to obtain the materials for municipal workers to use.
Three suppliers must submit proposals to purchase
materials and the municipality’s Brigada de Impacto installs the same.
In seeking out three proposals, the purchasing agent
must take into consideration the price offered, the quality, meeting
specifications, and whether the materials can be delivered within the deadline
defendant set.
No supplier can begin getting prices for a project
until a formal requisition is issued in writing by the municipality.
The requisitions shall be drafted by the purchasing
section of the Budget Department in accord with the needs of the municipality
and the requisites of the funding source.
No supplier may draft the specifications for a purchase order.
During the 2015 Fiestas de la Calle San Sebastian, Ms.
Molina began to notice more acutely a practice she had started to see
previously: her supervisors requested purchase orders on an afternoon for
quotations or even delivery the next day.
The practice occurred with events or repairs that had
been scheduled well in advance of last minute purchase orders.
Given the artificial time pressure on these orders,
the prices paid to preferred suppliers tripled from those of regular suppliers
because only the preferred suppliers could quote prices for and deliver the
goods requested in the short time needed or even before, and the preferred suppliers:
Preferred suppliers charged far more than other
suppliers would because the artificial rush to get the estimates completed.
Among the preferred suppliers was Lionel Pereira
O’Neill of BR Solutions, Corp.
25, Mr. Pereira incorporated BR Solutions on February 22,
2013, shortly after the Hon.
Carmen Yulín Cruz became mayor of San Juan.
On occasions, the purchase orders were not even
completed until after the supplier delivered the goods.
On those occasions, such as one on September 22, 2015
for security equipment for the mayor’s bodyguards for $1,929.75 that had
already been delivered, Wanda Rosado would send an email and Magdiel Perez
would send a formal request for a purchase order so that the financial
department could issue a check.
Even though Ms. Molina had been demoted and
transferred for reporting the fraud in March 2015, her colleagues informed her
that the fraud continued after her transfer.
Proper and legal procedure would be that the
purchasing department issue a purchase order, receive at least three price
quotes, and designate the company with the best price, terms and merchandise to
provide the materials.
By issuing the purchase order after the receipt of the
materials, defendant eliminated the vetting process in order to favor a
preferred supplier.
Mr. Periera informed Ms. Molina that his corporation
received the list of materials and the specifications required a few days or
even a week before the Municipio de San Juan issued the official list to the
purchasing office to be sent to approved suppliers for price quotations.
Armed with the materials needed and the knowledge that
it was going to be granted the sale, BR Solutions could and did get prices and
even buy the materials weeks before the municipality issued a requisition for a
purchase order to approved suppliers.
Competing suppliers were at an insurmountable
disadvantage because they could not even price the materials in the impossible
deadlines defendant imposed.
Candido [Henry] Arriaga, the director of the Brigada
de Impacto, [the office that provided services of high impact] provided this
information to BR Solutions, and, on information and belief, other entities.
Mr. Arriaga performed fundraising services for Mayor
Cruz during her mayoral campaigns.
BR Solutions and, and, on information and belief,
other entities charged for the labor that was to be performed by the Impact
Brigade, even though municipal employees performed the work.
BR Solutions, and, on information and belief, other
entities [the preferred suppliers] charged for more materials than were
necessary for the jobs on which they were quoting.
On information and belief, the preferred suppliers
used the excess materials on their own, non-municipal projects, even though
those materials were paid for with taxpayer funds.
BR Solutions and other entities purported to be
separate and distinct corporations, but Mr. Pereira admitted to Ms. Molina that
they shared staff and materials and acted interchangeably.
Sometimes BR Solutions would provide the materials
that other entities had agreed to provide, and vice versa.
Pereira also informed Ms. Molina that on December 30,
2014, he received a phone call from San Juan municipal purchasing agent, who
told him that Wanda Rosado, the Municipal Secretary’s [Magdiel Perez] secretary
and another employee were waiting for him in Toys R Us to buy baskets filled
with gifts for the mayor to deliver to the first-born son and daughter in 2015.
Ms. Rosado went through the aisles at the toy store, selecting toys.
Ms. Rosado even selected a toy for her daughter,
who was with
her.
Mr. Pereira paid for the merchandise with his credit
card, and he told plaintiff that he made sure that he was recorded by the
security camera at Toys R Us so that he would not have problems with Magdiel
Perez in the future.
Mr. Pereira told Ms. Molina that after they finished
purchasing the items, Ms. Rosado called Magdiel Perez and told him in Mr.
Pereira’s presence that she, Ms. Rosado, had complied with Mr. Perez’ s
instructions and purchased the items.
Even though plaintiff was the director of the
purchasing department at the time, the first she learned of that purchase was
from Mr. Pereira.
On January 22, 2015 at 5:02 pm, Henry Arriaga Correa
sent an email to Magdiel Perez Gonzalez with copies to Magaly Bermudez Perez,
plaintiff, Johanna J. Peña Diaz, and Yamily Hernandez Hernandez, with a
requisition for the remodeling of the Hiram Bithorn bathrooms.
Magdiel Perez Gonzalez then sent an email to Yamil
Hernandez Hernandez, with copies to Magaly Bermudez Perez, plaintiff, Johanna
J. Peña Diaz, and Henry Arriaga Correa at 5:09 pm that same day, describing the
requisition as urgent and requiring delivery on the following day.
The purchase order for the Hiram Bithorn bathroom
remodeling contained 42 items, plus 3 items added by hand.
Ms. Molina assigned the requisition requests to the
purchasing agents Yamil Hernandez and David Vargas.
The purchasing agents sent the requisition to all the approved
suppliers, but only LM Technical Services for Pereira [BR
Solutions] responded to all the items before noon on January 23, 2015 because
it was not possible to get prices in the four working hours allowed by the requisition.
LM Technical and BR Solutions also informed defendant
that it could deliver the items by the same day before noon.
LM Technical and BR Solutions’ quote for the items for
remodeling of the bathrooms at Hiram Bithorn was extremely high – $235,000.
Another approved supplier, Maderas Tres C, put in a quote for
$66,095.98 for the same 45 items, by the end of the day
on January 23, 2015 for the same items for which LM Technical had quoted
$235,000.
The Municipio de San Juan rejected Madera Tres C’s
quote because Maderas Tres C took a day to submit its quote, rather than the
purposely impossible four-hour deadline.
Defendant finally adjudicated 40 of the items to
another entity at the cost of $201,552.25, which Magdiel Perez signed.
Ms. Molina managed to convince the municipality to
adjudicate the remainder of the items [5 out of 45] to V & L Construction
for a reasonable price.
Then on January 27, 2015, Magdiel Perez held a meeting
with all the municipal purchasers.
At the January 27 meeting, Ms. Perez told the
purchasing agents that they were to give a preferred supplier the remaining
specifications for the work to be done on the remodeling of the bathrooms at
Hiram Bithorn stadium, where the baseball games for the Serie Caribe were to be
held for $235,000.
It had been announced since August 2014 that the 2015
Serie del Caribe would be held in San Juan, so there was no need for defendant
to wait until January 22, 2015 to begin requisitioning the supplies for the
bathroom remodeling.
In the same vein, there would have been no need to
amend the requisitions if they had been done in the normal course of municipal
business and not to rig the process for the preferred supplier’s benefit.
The Municipio de San Juan was capable of having
reviewed its needs for the supplies to be provided to the Brigada de Impacto to
perform the work in renovating the bathrooms at Hiram Bithorn stadium as soon
as it was decided that the Serie Caribe games would be played there, i.e., in August and September 2014, not
in January 2015, just weeks before the games.
By sending out the requisitions for the purchase
orders at the last minute, the Municipio de San Juan was able to guarantee that
it could award the quote to its preferred supplier and then amend the list to
add items so that LM was the only supplier allowed to quote on the amendments.
Perez told the purchasing agents that the preferred
supplier had been pre-approved by Mayor Cruz to provide the items on the
amended list, and she provided them with a communication containing the mayor’s
approval of the pre-selected supplier on January 28, 2015.
Mr. Pereira from BR Solutions told Ms. Molina in her
office that he wrote the specifications for the supplies (toilets, sinks,
plumbing supplies, etc.) to remodel the bathrooms at Hiram Bithorn before the
Serie Caribe after Henry
Arriaga,
the director of the Brigada de Impacto, gave him the information about what
needed to be remodeled.
Mr. Pereira also told Ms. Molina that he priced and
purchased all the materials for the bathroom remodeling before Ms. Molina
received the specifications to put out the purchase order for quotes.
Mr. Pereira told Ms. Molina that having the
information as to the exact specifications in advance and giving competing
suppliers only a bare minimum of time to putting in their quotes was the key to
being awarded the purchase.
Ms. Molina told a co-worker about all of the above
described illegal conduct because Ms. Molina did not want to participate in the
illegality and also wanted it to stop, and the co-worker reported the conduct
to Andres Garcia, the Deputy Mayor, and suggested that Ms. Molina meet with
him.
Ms. Molina did not meet with Andres Garcia because he
referred her to Jose Orlando Lopez, Esq., Mayor Carmen Yulin Cruz’s advisor,
who is now defendant’s deputy administrator.
Ms. Molina texted back and forth with Mr. Lopez,
starting on January 27, 2015 to set up a meeting.
Mr. Lopez gave excuse after excuse to avoid the meeting.
Ms. Molina finally managed to meet with Mr. Lopez on
March 11, 2015 in the mayor’s private office at City Hall.
Ms. Molina explained the scheme that BR Solutions and
other suppliers and municipal
employees were using to defraud
the taxpayers of San
Juan of hundreds
of thousands of dollars to Attorney Lopez.
At a municipality’s directors’ meeting on March 12,
2017, one of the directors asked Ms. Molina about a requisition, and Ms. Molina
said that it had been done without her knowledge, a practice she had tried to stop.
After the meeting, Mr. Perez asked Ms. Molina in front
of his clerical staff about the purchase that she had not approved, and she
repeated that she did not know about it.
Mr. Perez began to yell, saying, now you are not
responsible for anything, it’s always someone else’s fault.
Ms. Molina answered that she did not remember the
purchase, that she would have to verify it, and Mr. Perez kept yelling that
everything was everyone else’s fault, even his.
Ms. Molina left the office, saying that she was not
going to put up with Mr. Perez’s yelling.
Later that day Ms. Molina texted Mr. Lopez to inform
him that she could provide him with the memoranda requiring the proposals in
less than 24 hours [in fact, 4 working hours 8:00 -12:00 pm] and proposals with
prices triple those of competing suppliers, all of which documented the
information of how the awarding of purchase orders was rigged and fraud she was reporting.
Ms. Molina said that she wanted to give him the
documentation as soon as possible, even more with the latest incident,
referring to Mr. Perez’s conduct.
Mr. Lopez never responded to that text, but after Ms. Molina’s
meeting
with Mr. Lopez, defendant began a campaign of harassment of Ms. Molina.
On March 15, 2015, the municipality’s Director of
Human Resources called Ms. Molina and told her that she had lost Mr. Perez’s trust.
Ms. Molina responded that she was not a trust
employee, but the director answered that it did not matter.
Defendant demoted Ms. Molina from being the Director
of the Purchasing Department of the Secretary of the Municipality of San Juan
with 30 subordinates to a new position out of the Purchasing Department, in the
Human Resources Section of the Community and Social Development Department.
The director of Human Resources informed Ms. Molina
that Andres Garia had ordered the demotion.
Ms. Molina asked the director what would happen if she
declined the transfer.
The director answered that if Ms. Molina did not
accept, it would be insubordination, and Andres Garcia would fire her.
At the time Mr. Garcia was the mayor’s first deputy.
In her new position, Ms. Molina was ostensibly in
charge of 4 people, but actually had no responsibilities because there was
already a person in charge of Human Resources for the department, who remained there
Defendant also took away Ms. Molina’s access to the
parking space she had had previously in the municipal parking lot.
After Ms. Molina’s complaint to Attorney Lopez, she went to her car
on
March 26, 2015 to find it vandalized in the area next to the municipality
parking lot.
Someone had spray painted Ms. Molina’s SUV with the
words “Muerte a la chota” or “Death to the [female] snitch” in English.
The orders for price quotes with less than 24-hour
notice continued after Ms. Molina’s complaint to defendant through Attorney Lopez.
There was no effort to stop the rigged awarding of purchase orders.
Defendant’s employees shunned Ms. Molina.
On several occasions, when Ms. Molina entered an
elevator, all the other employees would exit.
If the employees did not exit, they would talk about
gentuza, scummy people, who complained too much.
Ms. Molina began to receive harassing, threatening
phone calls about her complaint to Attorney Lopez.
Ms. Molina received death threats at her extension two
or three times a week.
One night when she was working late, Ms. Molina’s
phone rang repeatedly, and when she answered the person hung up.
After several of these calls, Ms. Molina answered the
phone saying, Di algo, say something in English.
A male voice answered, Canto de cabrona, cuando te vas
a entender que tu estas mas muerta que viva? or, You piece of shit, when are
you going to understand that you are more dead than alive? In English.
One particularly disturbing aspect of the threatening
calls was that when Ms. Molina went to another municipal employee’s office to
meet, she would be told that there was a call for her. When she took the call,
it was a voice threatening to kill her. In this way, municipal employees let Ms.
Molina know that her every move was being watched by them.
Ms. Molina also found nails in her tires on other occasions.
After exhausting all efforts to stop the rigged
awarding of purchase orders by making internal complaints within the municipality,
and being the object of concerted campaign of harassment, Ms. Molina came to
the conclusion that the only way that the corruption was going to stop was if
she reported it externally.
Then and only then, in her capacity as a private
citizen, Ms. Molina exercised her First Amendment right to report the illegal
conduct to the Puerto Rico Comptroller.
On information and belief, the Puerto Rico Comptroller
has begun an investigation into the rigged awarding of purchase orders as a
result of Ms. Molina’s complaint.
In January 2016 Sara Benitez designated Ms. Molina as
Director of the Administrative Services in addition to her existing duties.
Ms. Molina did not understand the reason for this new
transfer, which she did not request, until she realized that since 2016 was an
election year and two of the employees in the municipality of San Juan’s
Administrative Services division were primary candidates, who were absent or ceased
performing
duties or disappeared frequently, she would be short staffed, and it would be
able to fulfill her professional obligations.
In addition to being absent, the employees arrived
late, when they did arrive, they were disrespectful to Ms. Molina and what work
they performed was done in a sloppy and haphazard fashion.
In addition, one of the employees was married to a New
Progressive Party primary candidate. During the primary campaign, the employee
was frequently absent from work, saying that either she, her husband, or her
children were sick, when she was campaigning.
When the absences became so frequent that they
affected the agency’s functions, Ms. Molina suggested to her employee that she
either take leave or vacation time for her absences. The employee refused.
After the primaries were over, the employee’s husband came to Ms.
Molina’s office
and told her that she should treat his wife’s absences as sick days or whatever
excuse she could use.
Ms. Molina responded that she had received the
employee’s husband as a matter of courtesy because his wife worked for her
department, but that she was not going to discuss internal administrative
matters in her department with someone who did not work there.
The employee’s husband responded furiously, saying
that he was a man, that he was male, and that Ms. Molina would listen to him.
Ms. Molina answered that the employee’s husband did
not have to yell at her.
1117. The employee’s husband stood up and said, “You listen to me, and
you do what I say,” and approached Ms. Molina with his hand raised as if to
assault her.
Lourdes Matos, who worked in the office, stood between
the two and said, “You are not going to touch her. What is going on with you?
Get out of here.”
The employee’s husband complained about the situation
to Sara Benitez in Human Resources; Ms. Molina’s reaction was that she wanted
to file a criminal complaint for attempted assault and disturbing the peace;
and Ms. Benitez’s reaction was that Ms. Molina had better not dare to do so,
that Ms. Benitez would not permit it.
Whenever the employee’s husband saw Ms. Molina in the
lobby or the elevator, he pointed at her and called her with the most vile
insults to her employees, and no one intervened.
In Ms. Molina’s new area of Administrative Services,
she was in charge of 20 employees, plus 4 from the warehouse, the
transportation pool, plus 30 from the event tent brigade, all without any assistance.
Magdiel Perez refused to sign Ms. Molina’s attendance
records, despite her requests, both verbal and
written.
Because of Mr. Perez’s refusal, Ms. Molina was the
only municipal employee not to collect overtime for her work during the Fiestas
de la Calle San Sebastian festival in 2015.
On May 22, 2017, Ms. Molina attended
a meeting of the Directors
of the Social and
Community Department.
Also present were all the program directors and Ada
Burgos, the deputy director of the Municipality of San Juan, who was then the
interim director the Department.
Interim Director Burgos said that she had been told
that Ms. Molina favored certain suppliers.
Ms. Molina asked Ms. Burgos
what she meant
by that, and Ms.
Burgos that she had nothing to clarify, that she had been
told that and she had to say it, or else she would have exploded. All of the
other directors remained silent, looking astonished.
On June 2, 2017, Ms. Molina went to Ms. Burgos’s
office to discuss various matters.
In the course of the discussion, Ms. Molina asked Ms.
Burgos to tell her who said that Ms. Molina had favored suppliers, reminding
Ms. Burgos that doing so was a crime.
Ms. Burgos said that Maria de Jesús had told her that
Ms. Molina favored certain suppliers, and Ms. Molina responded that Ms. Burgos
knew that that was false and that it was defamatory.
Ms. Molina gave Ms. Burgos a file that an auditor from
the Comptroller’s office had requested and mentioned although the employees in
the office were skilled and dedicated, that there were old ways and
idiosyncrasies in the purchasing area that needed to be corrected.
Ms. Burgos responded, “Don’t start with the same stuff as that on
the
15th Floor [where Ms. Molina had worked when she witnessed and
reported the rigged awarding of purchase orders].
Ms. Molina asked Ms. Burgos what she meant by that
comment, and Ms. Burgos responded that she was referring to Ms. Molina’s gossip
about corruption.
Ms. Molina answered that she did not know what Ms.
Burgos meant, and Ms. Burgos began yelling that you know what you said on the
15th Floor, and as for the files that the Comptroller still has,
call your friends so that they can give them
back.
Ms. Molina asked, “Who?, and Ms. Burgos responded,
“Your friends in the Comptroller’s office.” Ms. Molina said goodbye, but Ms.
Burgos had already turned her back
on her.
On June 8, 2017, Ms. Burgos came to the tenth floor, where Ms.
Molina worked,
and told Ms. Molina’s assistants that Ms. Molina was not to go to Human
Resources, a department that Ms. Molina administered.
On that same date, Ms. Burgos met with all the
employees who had received warnings
about their misconduct from Ms. Molina. Ms. Burgos told Ms. Molina that she wanted to check on all of Ms. Molina’s
office without Ms. Molina being present. Ms. Molina asked Ms. Burgos to come to
her office, but Ms. Burgos refused.
On June 27, 2017, Ms. Burgos met with Ms. Molina and Miriam Herman. Ms. Burgos told Ms. Molina
that Ms. Herman would be directing the office of Human Resources from July 1 forward.
The next day, Ms. Herman and Ms. de Jesús arrived in Ms.
Molina’s office,
and in front of all the employees present, Ms. Herman and Ms. de Jesús told Ms.
Molina that she had to leave her office then and there.
Ms. Molina told Ms. Herman and Ms. de Jesús that that
was not what she had agreed with Ms. Burgos, and that she could be out of there
by the morning of June 30, 2017.
Ms. Herman responded that Ms. Molina had to leave then
and there; that the employees were going to bring Ms. Herman’s things; and that the few things that Ms. Molina had left
in the office were a nuisance to Ms. Herman.
Ms. de Jesús said, “Now is now.”
In ten minutes, Ms. Molina had to take her things and the documents from her desk.
Ms. Molina returned to her office in Administrative Services, humiliated.
The hostility in the office was so palpable that Ms.
Molina had to ask someone to
accompany her to the bathroom.
The next day, Ms. Molina felt the same hostility, and
she received threatening phone calls.
On June 30, 2017, Ms. Molina resigned only because the
cumulation of defendants’ harassment starting when she complained to Jose
Orlando Lopez of the rigged awarding of purchase awards to her demotion by
Andres Garcia up to the threatening phone calls made it impossible to work at the Municipality of San Juan, which
had a policy and practice under this
administration
of engaging in rigged award of purchase orders and harassing anyone who dares
to complaint of it.
FIIRST CLAIM FOR RELIEF
42 U.S.C. § 1983 FIRST AMENDMENT
Plaintiff incorporates as if re-alleged the preceding
paragraphs with the same force and effect as if herein set forth.
Defendants violated Plaintiff’s First Amendment right
to report wrongdoing in her capacity
as a private citizen, not as a public employee.
As a result of the foregoing, Ms. Molina has the right
to be paid compensatory damages, lost wages, and punitive damages for the
violation of the First Amendment in
an amount not less than two million dollars ($2,000,000.00)
SECOND CLAIM FOR RELIEF
LAW 115 PUERTO RICO’S ANTI
RETALIATION STATUTE
Plaintiff incorporates as if re-alleged the preceding
paragraphs with the same force and effect as if herein set forth.
Defendants retaliated against Ms. Molina and
constructively dismissed her for reporting the rigged awarding of purchase
orders set forth in this Complaint first internally and then to the Puerto Rico
Office of the Comptroller.
As a result of the before mentioned, Ms. Molina is
entitled to be paid by defendants the following compensatory damages:
Liquidated damages of double the back pay and front-pay
that
is awarded, which exceeds the sum of $500,000.00 plus interest;
A sum in excess of $1,000,000.00 for emotional
distress and mental anguish, such amount to be doubled pursuant to the law;
any other permitted damages under the
law.
THIRD CLAIM FOR RELIEF
(ACT 80 – P.R.)
Plaintiff incorporates as if re-alleged the preceding
paragraphs with the force and effect as if herein set forth.
The defendants by the acts previously mentioned in
this Complaint, constructively unjustly terminated Ms. Molina’s employment with
the Municipio de San Juan. The termination was without just cause of an
employee who was hired for an undetermined period of time. Therefore, Ms.
Molina is entitled to statutory severance pay.
As a result of the before mentioned, Ms. Molina is
entitled to be paid by defendants of severance pay in the sum of three month’s
pay plus three weeks for every year worked as provided for by 29 L.P.R.A. §
185a plus statutory penalties and interest.
F OURTH CLAIM FOR RELIEF
FAILURE TO PAY STATUTORY
BENEFITS
Plaintiff incorporates as if re-alleged the preceding
paragraphs with the force and effect as if herein set forth.
Defendant Municipio de San Juan has failed to liquidate Ms.
Molina’s vacation pay, her summer bonus, and the overtime
that defendant paid to all municipal employees during the Fiestas de la Calle
San Sebastian in 2015.
Plaintiff very respectfully asks the Court to
calculate these amounts and pay them to Ms. Molina immediately, as there should
be no argument as to their validity
FIFTH CLAIM OF RELIEF
ARTICLES 1802 and 1803 OF
THE PUERTO RICO CIVIL CODE
(Mental and
Moral Damages)
Plaintiff incorporates as if re-alleged the preceding
paragraphs with the same force and effect as if herein set forth.
As a result of the before mentioned acts and
omissions, the defendant has directly and intentionally inflicted emotional
distress, humiliation, harassment, loss of enjoyment of life, and mental
anguish, defamation, and harm to professional reputation on Ms. Molina, in an
amount in excess of
$5,000,000.00. Ms. Molina has suffered immensely because
of the illegal activities of defendants and is desperate, depressed, and
anxious. She has spent endless nights
and days of worry, uncertainty and despair, fearing for her life. Defendant’s
actions also caused harm to the physical health of Ms. Molina.
TRIAL BY JURY
Plaintiff demands a trial by jury.
WHEREFORE, in view of the foregoing,
plaintiffs respectfully request that
judgment be entered
against the defendants jointly and severally, as follows:
not less than $2,000,000 for defendant’s violation of
plaintiff’s First Amendment rights;
not less than $1,000,000.00 for defendant’s violation of Law 115;
Approximately $60,000.00 for Law 80;
Payment of statutory benefits,
$5,000,000.00 for the mental anguish claim and the
defamation that has undermined Ms. Molina’s ability to obtain gainful
employment and has devastated her emotional well-being;
Reasonable attorneys’ fees and costs pursuant to 42 U.S.C. §1988;
reinstatement, and,
Granting such other and further relief as may be just and proper.
RESPECTFULLY SUBMITTED.
In San Juan,
Puerto Rico this 12th day of February 2018.
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