Perez caught between DPW factions

Tuesday November 27, 2007
By Gina Tabonares
Variety News Staff

(2nd of a series)

ON TOP of his responsibilities to keep public school buses running, collect garbage on time, make sure that roadways are passable, and ensure compliance with the consent decree to close the Ordot Dump and build a new landfill, Department of Public Works director Larry Perez has another job in his department — being an arbitrator for the warring chiefs in his agency.

Perez said as a good department head, he takes the responsibility for all his decisions. He firmly denies giving in to political interference.

Perez made the statement to stop insinuations that the force behind some of the realignments at DPW was first lady Joann Camacho, who allegedly used her influence to put her younger brother, Jesse Garcia, in a lucrative position at DPW.

While Perez denies political influence, he admitted there were political differences in his department “as you would expect in any agency.”

He told Variety that he was not aware of the rift between former consent decree project manager Cynthia Jackson and Garcia, but admitted that Garcia and former chief engineer Liberty Perez hated each other.

Who is Jesse Garcia?

According to Perez, Garcia is an old-timer in the department and although not an engineer, he is dependable because he rose from the ranks through the merit system.

Perez said when he appappointed Garcia to replace Liberty Perez as chief engineer, he was reluctant to take the position.

Garcia, as DPW chief of operations will only function as the interim chief engineer until DPW hires a licensed engineer to take over the post.

He added that Garcia has only 45 days left to hold the chief engineer position with limited authority.

But in a memorandum dated Oct. 11, 2007, director Larry Perez appointed Garcia to be in charge of all functions of DPW’s Division of Verticals, CIPs and Buildings. There was no instruction in the memo that Garcia’s functions would have limitations.

While functioning as chief of operations, Garcia supervises repairs on the two bridges in Merizo — the Pigua and the Bile Bridges.

Perez said Garcia had nothing to do with the transfer of consent decree project manager Cynthia Jackson, adding that it was his decision to reconcile the real organizational structure of DPW when the Solid Waste Division supervisor took over Liberty Perez’s job.

While stressing that there was no politics involved in the appointment of Garcia, Perez needed to inform Adelup officials of the reversion of his realignment plan in August 2006 when employees abandoned their posts to complain about Garcia’s realignment from the Department of Homeland Security to DPW.

Perez, in his Aug. 19, 2006 e-mail to former DHS director Frank Blas Jr., former governor’s staffer Anthony Sanchez, and the governor’s attorney, Shannon Taitano, stated that he and Garcia “agreed on his return with his preferred realignment” conditions to oversee operations.

However, Perez postponed the realignment activity after KUAM reported that some 20 DPW employees went to the Civil Service Commission to question the realignment.

Perez also postponed the move after asking the opinion of the Department of Administration and seeking legal advice.

“I notified Jesse Garcia that in order to avert any further media attention or employee ruffling, I had no choice but to take the advice of the legal counsel,” Larry Perez said in his e-mail.

He added that “once the dust settles, I will deliver the representations I made and agreed to with Jesse Garcia.”

Who is Liberty Perez?

Liberty Perez is the first Filipina to be appointed as chief engineer at DPW. The director describes her as very intelligent and very accomplished especially in the area of white-collar projects.

Larry Perez, however, said that Liberty Perez made a number of mistakes that warrant disciplinary actions.

The director demoted Liberty Perez from chief engineer to supervisor level on Aug. 24, 2007 after DPW received a letter from the Federal Highway Administration about restrictions on federal highway funds for emergency projects and projects necessary for the military buildup.

The director filed an adverse action against Liberty Perez for opening bids for projects that were not fully approved by a licensed civil engineer, did not have all the necessary environmental clearances, did not obtain FHWA approval on addendums with cost implications, and for failure to issue addendums to all plan holders for a construction project.

Liberty Perez was also accused of charging FHWA overtime for non-FHWA projects, misplacing supplies, purchasing non-essential supplies, and certifying the availability of funds on an account established with federal highway funds for a construction project that was not eligible for FHWA funds.

Liberty Perez was brought before the Professional Engineers, Architects and Land Surveyors, or PEALS, Board, which fine her $5,000 for a Government House kitchen equipment project.

She told the PEALS Board that she intended to bid the equipment but issued a change order to Agbayani Construction, from Cabuhat Tech Services, for several reasons.

Liberty Perez said she did not promise Cabuhat Tech Services president Frank Cabuhat a government contract, adding that the company is not a professional engineering firm but a supplier of engineering equipment and technicians.

She added that Cabuhat made his complaint after Garcia visited him several times and convinced the supplier to file charges against her.

The demoted chief engineer said this information was disclosed during a PEALS Board hearing.

As for the Agat culvert project, Liberty Perez said she did not certify any plans or documents regarding the project. She added that FWHA Representative Richelle Takara, a licensed professional engineer from Hawaii, was present during the drilling, together with Tom Camacho, a licensed professional civil/structural engineer on Guam, and some DPW civil engineers.

On the issue of elevator inspectors, Liberty Perez said under the law, only the DPW director can commission an elevator inspector.

“The two Filipino elevator inspectors have been commissioned by DPW for the past 30 years, and have 40 years of experience. They work for Otis Elevator and Kone Elevator from Hawaii. They are the one performing the inspection on behalf of DPW and they trained in the U.S. mainland,” Liberty Perez added.

The clash

The Liberty Perez-Jesse Garcia rift started when the former chief engineer made a mistake of relieving him from his role in the Highway Maintenance Division, stating that his chief of operations position is being funded by the administration and should report directly to the director.

Liberty Perez’s internal realignment on June 5, 2006 upset Garcia, prompting him to complaint before the PEALS Board.

Garcia, in his July 3, 2005 memorandum to Liberty Perez, complained that she made him like a clown at meetings during that week, when she failed to inform him directly of her decision to relieve him.

Garcia said Liberty Perez caused him and his family great stress and he went as far as contacting a lawyer to discuss the issue.

In closing his letter to Liberty Perez, Garcia said her action caused him to question her position on projects and operations related to engineering.

“I feel I have been discriminated and harassed by the way you handled the situation,” Garcia said.