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JOSEPH S. CARBULLIDO, MANUELBABAUTA, JOHN T. DAVIS, ELIZABETHFLICKINGER, ROCKY J.B. ANCIANO,EDWARD D. CHARFAUROS, JASON P.B.AGUON, KEVIN R. GUERRERO,EUGENE C. CHARFAUROS, ALFRED F.DUENAS, JOHN L.G. DIAZ, ANTHONYV. CAMACHO, BARRY K. FLORES,ROQUE S. CRUZ, DENNIS A.Q. SANTOS,CARL J. NESMITH, DAVE A.BRANTLEY, ANTHONY J. ARRIOLA,FRANK R. SANTOS, CRIS M. DANGAN,MARVIN R. DESAMlTO, EDGAR Z.TIAMZON, FRANK CORPUZ, JOHNPEREZ, JEREMIAH DECHA VEZ, BIANANOTO, PETER J. LEON GUERRERO,JASON V. LUJAN, CONSTANTINOFAUSTINO, AUDREY MASHBURN,JOHN LIZAMA, MICHAEL A.ARCANGEL, Employees of the Guam PoliceDepartment, Government of Guam,

Counsel for Petitioners

IN THE SUPERIOR COURT OF GUAM

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SOMERFLECK & ASSOCIATES, PLLC148 Heman Cortez AvenueHagatna, Guam 96910Telephone No.: (671) 477-8020Facsimile No.: (671) 477-8019

DOUGLAS E. SHERWIN, RUEBEN D.OLIVAS, JOHN SABLAN, SEAN P.MCCOY, ROBERT D. SANTOS, EDWARDC. ARTERO, II, DEAN C. SORIANO,JAMES R. INVENCION, PASGUAL J.UNCANGCO, TIMOTHY G. SANTOS, SR.,JESSE J. ACFALLE, MARK A. SNYDER,ARTHUR T. SAN NICOLAS, FELEMENIOP. CHAMBERLAIN, RODERICK R.MENO, PATRICKA.I. CRUZ, JONATHANJ.P. NEDEDOG, JEFFREY J. SORIANO,JOHNNY M. TAITAGUE, FRANK R.MENO, Employees of the Guam FireDepartment, Government of Guam,

SPECIAL PROCEEDINGSCASE NO.: SP0222-10

PETITION AND MEMORANDUM OFPOINTS AND AUTHORITIES FOR

ALTERNATIVE WRIT OF MANDATE

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Nav 03 20~!.-'--"'-'-'"---0;.\1"[

1 FRANCISCO B. CRISOSTOMO, JOSEPH

2 P. LUJAN, ANTONE F. AGUON, ALAN P.BORJA, MARCELINE U. MARATITA,

3 MANUEL N. CRUZ, MICHAEL G.MARTINEZ, ANNETTE J. TEDP AHOGO,

4 RICKY R. BARROW, FRANCISCO B.ESTEVES, THOMAS A. CHACO, MIKE F.

5 CHARGUALAF, ANTHONY R. CRUZ,ILDEFONSO M. LAGMAN, CRAIG J.

6 TAINATONGO, ROBERT L. TAKANO,FRANKLIN E. LG. MESA, JOSEPH T.

7 QUINATA, BRIAN S. NEDEDOG,BERNARD F. PAULINO, WILLIE C. KIlO,

8GERALD E. MANANSALA, EDWARDS.N. CRISOSTOMO, PETER J. DIEGO,RENE J. PURUGGANAN, JOSEPH K.Q.

9 SALAS, CATHERINE M. CRUZ, PETER J.CRUZ, Employees of the Department of

10 Corrections, Government of Guam,

11 ERIC DELFIN, JOSEPH A. GANGE,DERRICK M. GUERRERO, JOHN J.

12 AGUON, BEN PANGELINAN, JOHN F.ASUNCION, PEDRO CARBON,

13 ANTHONY J. GUERRERO, PAULBERNARDO, GLEN CRISOSTOMO,

14 TOMMIE PABLO, JOEL SALAS, ROELH. RAMA, HENRY G. CADIZ, CATHY

15 L.G. SANTOS, CECILIA C. TAITANO,EUGENE T. IGROS, FRED Q. AGUON,

16 DANILO POCAIGUE, WALTER GRAY,DARLENE R. MERFALEN, TOMAS P.

17 QUINTANILLA, BRYAN GALARPE,EUGENE MC DONALD, ANNETTE S.

18 ANINZO, DWAYNE T.D. SAN NICOLAS,DOLORES M. FLORES, Employees of the

19 Guam Customs & Quarantine Agency,Government of Guam, and

20NICK E. CAUDELL, Employee of the

21 Department of Parks & Recreation,Government of Guam,

22Petitioners,

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INTRODUCTION

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1. Petitioners, DOUGLAS E. SHERWIN, RUEBEN D. OLIVAS, JOHN SABLAN,

SEAN P. MCCOY, ROBERT D. SANTOS, EDWARD C. ARTERO, II, DEAN C. SORIANO,

JAMES R. INVENCION, PASGUAL J. UNCANGCO, TIMOTHY G. SANTOS, SR., JESSE

J. ACFALLE, MARK A. SNYDER, ARTHUR T. SAN NICOLAS, FELEMENIO P.

CHAMBERLAIN, RODERICK R. MENO, PATRICK A.I. CRUZ, JONATHAN J.P.

NEDEDOG, JEFFREY J. SORIANO, JOHNNY M. TAITAGUE, FRANK R. MENO,

Employees of the Guam Fire Department, Government of Guam, JOSEPH S. CARBULLIDO,

MANUEL BABAUTA, JOHN T. DAVIS, ELIZABETH FLICKINGER, ROCKY J.B.

ANCIANO, EDWARD D. CHARFAUROS, JASON P.B. AGUON, KEVIN R. GUERRERO,

EUGENE C. CHARFAUROS, ALFRED F. DUENAS, JOHN L.G. DIAZ, ANTHONY V.

CAMACHO, BARRY K. FLORES, ROQUE S. CRUZ, DENNIS A.Q. SANTOS, CARL J.

NESMITH, DAVE A. BRANTLEY, ANTHONY J. ARRIOLA, FRANK R. SANTOS, CRIS

VS.

FELIX P. CAMACHO, in his official capacityas the Governor of Guam,DAVID Q. PEREDO, in his official capacityas Fire Chief of the Guam Fire Department,RICARDO M. LEON GUERRERO, in hisofficial capacity as Acting Police of Chief ofthe Guam Police Department,JOSE B. PALACIOS, in his official capacityas Director of the Department of Corrections,DENNIS J. SANTO TOMAS, in his officialcapacity as Director of the Guam Customs andQuarantine Agency,JOSEPH W. DUENAS, in his official capacityas Director of the Department of Parks &Recreation, andLOU PEREZ, in her official capacity asDirector of the Department of Administration,

Respondents.

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M. DANGAN, MARVIN R. DESAMITO, EDGAR Z. TIAMZON, FRANK CORPUZ, JOHN

PEREZ, JEREMIAH DECHA VEZ, BIA NANOTO, PETERJ. LEON GUERRERO, JASON

V. LUJAN, CONSTANTINO FAUSTINO, AUDREY MASHBURN, JOHN LIZAMA,

MICHAEL A. ARCANGEL, Employees of the Guam Police Department, Government of Guam,

FRANCISCO B. CRISOSTOMO, JOSEPH P. LUJAN, ANTONE F. AGUON, ALAN P.

BORJA, MARCELINE U. MARATITA, MANUEL N. CRUZ, MICHAEL G. MARTINEZ,

ANNETTEJ. TEDPAHOGO,RICKYR. BARROW, FRANCISCO B. ESTEVES, THOMAS

A. CHACO, MIKE F. CHARGUALAF, ANTHONY R. CRUZ, ILDEFONSO M. LAGMAN,

CRAIG J. TAINATONGO, ROBERT L. TAKANO, FRANKLIN E. LG. MESA, JOSEPH T.

QUINATA, BRIAN S. NEDEDOG, BERNARD F. PAULINO, WILLIE C. KHO, GERALD

E. MANANSALA, EDWARD S.N. CRISOSTOMO, PETER J. DIEGO, RENE J.

PURUGGANAN, JOSEPH K.Q. SALAS, CATHERINE M. CRUZ, PETER J. CRUZ,

Employees of the Department of Corrections, Government of Guam, ERIC DELFIN, JOSEPH A.

GANGE, DERRICK M. GUERRERO, JOHN J. AGUON, BEN PANGELINAN, JOHN F.

ASUNCION, PEDRO CARBON, ANTHONY J. GUERRERO, PAUL BERNARDO, GLEN

CRISOSTOMO, TOMMIE PABLO, JOEL SALAS, ROEL H. RAMA, HENRY G. CADIZ,

CATHY L.G. SANTOS, CECILIA C. TAITANO, EUGENE T. IGROS, FRED Q. AGUON,

DANILO POCAIGUE, WALTER GRAY, DARLENE R. MERFALEN, TOMAS P.

QUINTANILLA, BRYAN GALARPE, EUGENE MC DONALD, ANNETTE S. ANINZO,

DWAYNE T.D. SAN NICOLAS, DOLORES M. FLORES, Employees ofthe Guam Customs

& Quarantine Agency, Government of Guam, and NICK E. CAUDELL, Employee of the

Department of Parks & Recreation, Government of Guam, by and through their attorney of record,

DANIEL S. SOMERFLECK of Somerfleck & Associates, PLLC, bring this class action alleging

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1PETITION AND MEMORANDUM OF POINTS AND AUTHORITIES FOR ALTERNATIVE WRIT OF MANDATERe: DOUGLAS E. SHERWIN, et al. vs .. FELIX P. CAMACHO, et al.page 5

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3 that, Respondents FELIX P. CAMACHO, in his official capacity as the Governor of Guam,

4 DAVID Q. PEREDO, in his official capacity as Fire Chief of the Guam Fire Department,

5 RICARDO M. LEON GUERRERO, in his official capacity as Acting Police of Chief of the Guam

6 Police Department, JOSE B. PALACIOS, in his official capacity as Director of the Department

7 of Corrections, DENNIS J. SANTO TOMAS, in his official capacity as Director of the Guam

8 Customs and Quarantine Agency, JOSEPH W. DUENAS, in his official capacity as Director of the

9 Department of Parks & Recreation, and LOU PEREZ, in her official capacity as Director of the

Department of Administration, have wrongfully failed in their official capacity as a matter of policy

and practice, to provide the Petitioners statutorily guaranteed wages for worked preformed by

Petitioners.

2. Petitioners are and have been Public Safety and Law Enforcement Employees with

Respondents. Many of the Petitioners beginning employment prior to 1996 and continue to be

employed by Respondents.

3. Petitioners seek mandamus relief requiring the Respondents' to follow mandates put

forward in the Organic Act of Guam, Guam Statutes, and Guam Personal Policies.

JURISDICTION AND VENUE

4. This Court has subject-matter jurisdiction over these claims pursuant to 7 G.C.A.

§4101(a), §31201 et.seq., and Petitioners bring this suit under 22 G.C.A. 3221 and 10 G.C.A.

55102. Mandamus relief is sought under 7 G.C.A. §§ 31202, 31205 and 31401

5. Venue is proper because the claim arise within the Guam.

6. Petitioners, DOUGLAS E. SHERWIN, RUEBEN D. OLIVAS, JOHN SABLAN,

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1 PETITION AND MEMORANDUM OF POINTS AND AUTHORITIES FOR ALTERNATIVE WRIT OF MANDATERe: DOUGLAS E. SHERWIN, et al. VS .. FELIX P. CAMACHO, et al.page 6

2

3 SEAN P. MCCOY, ROBERT D. SANTOS, EDWARD C. ARTERO, II, DEAN C. SORIANO,

4 JAMES R. INVENCION, PASGUAL J. UNCANGCO, TIMOTHY G. SANTOS, SR., JESSE

5 J. ACFALLE, MARK A. SNYDER, ARTHUR T. SAN NICOLAS, FELEMENIO P.

6 CHAMBERLAIN, RODERICK R. MENO, PATRICK A.I. CRUZ, JONATHAN J.P.

7 NEDEDOG, JEFFREY J. SORIANO, JOHNNY M. TAITAGUE, FRANK R. MENO,

8 Employees of the Guam Fire Department, Government of Guam, JOSEPH S. CARBULLIDO,

9 MANUEL BABAUTA, JOHN T. DAVIS, ELIZABETH FLICKINGER, ROCKY J.B.

ANCIANO, EDWARD D. CHARFAUROS, JASON P.B. AGUON, KEVIN R. GUERRERO,

EUGENE C. CHARFAUROS, ALFRED F. DUENAS, JOHN L.G. DIAZ, ANTHONY V.

CAMACHO, BARRY K. FLORES, ROQUE S. CRUZ, DENNIS A.Q. SANTOS, CARL J.

NESMITH, DAVE A. BRANTLEY, ANTHONY J. ARRIOLA, FRANK R. SANTOS, CRIS

M. DANGAN, MARVIN R. DESAMITO, EDGAR Z. TIAMZON, FRANK CORPUZ, JOHN

PEREZ, JEREMIAH DECHA VEZ, BIA NANOTO, PETERJ. LEON GUERRERO,JASON

V. LUJAN, CONSTANTINO FAUSTINO, AUDREY MASHBURN, JOHN LIZAMA,

MICHAEL A. ARCANGEL, Employees of the Guam Police Department, Government of Guam,

FRANCISCO B. CRISOSTOMO, JOSEPH P. LUJAN, ANTONE F. AGUON, ALAN P.

BORJA, MARCELINE U. MARATITA, MANUEL N. CRUZ, MICHAEL G. MARTINEZ,

ANNETTE J. TEDP AHOGO, RICKYR. BARROW, FRANCISCO B. ESTEVES, THOMAS

A. CHACO, MIKE F. CHARGUALAF, ANTHONY R. CRUZ, ILDEFONSO M. LAGMAN,

CRAIG J. TAINATONGO, ROBERT L. TAKANO, FRANKLIN E. LG. MESA, JOSEPH T.

QUINATA, BRIAN S. NEDEDOG, BERNARD F. PAULINO, WILLIE C. KHO, GERALD

E. MANANSALA, EDWARD S.N. CRISOSTOMO, PETER J. DIEGO, RENE J.

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1PETITION AND MEMORANDUM OF POINTS AND AUTHORITIES FOR ALTERNATIVE WRIT OF MANDATERe: DOUGLAS E. SHERWIN, et al. vs .. FELIX P. CAMACHO, et al.page 7

23 PURUGGANAN, JOSEPH K.Q. SALAS, CATHERINE M. CRUZ, PETER J. CRUZ,

4 Employees of the Department of Corrections, Government of Guam, ERIC DELFIN, JOSEPH A.

5 GANGE, DERRICK M. GUERRERO, JOHN J. AGUON, BEN PANGELINAN, JOHN F.

6 ASUNCION, PEDRO CARBON, ANTHONY J. GUERRERO, PAUL BERNARDO, GLEN

7 CRISOSTOMO, TOMMIE PABLO, JOEL SALAS, ROEL H. RAMA, HENRY G. CADIZ,

8 CATHY L.G. SANTOS, CECILIA C. TAITANO, EUGENE T. IGROS, FRED Q. AGUON,

DANILO POCAIGUE, WALTER GRAY, DARLENE R. MERFALEN, TOMAS P.9

QUINTANILLA, BRYAN GALARPE, EUGENE MC DONALD, ANNETTE S. ANINZO,

DWAYNE T.D. SAN NICOLAS, DOLORES M. FLORES, Employees of the Guam Customs

& Quarantine Agency, Government of Guam, and NICK E. CAUDELL, Employee of the

Department of Parks & Recreation, Government of Guam, and are all employed by Respondents

in public safety or law enforcement positions and seek statutorily guaranteed wages for worked

preformed by Petitioners.

7. Respondent, FELIX P. CAMACHO, is being sued in his official capacity as the

Governor of Guam; The Governor has supervision and control of all department of the executive

branch of the government of Guam;

8. Respondent, DAVID Q. PEREDO, is being sued in his official capacity as Fire Chief

of the Guam Fire Department. The Fire Chief serves as the head of the Guam Fire Department;

9. Respondent, RICARDO M. LEON GUERRERO, is being sued in his official

capacity as Acting Chief of the Guam Police Department. The Police Chief is the head of the Guam

Police Department Respondent,

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1PETITION AND MEMORANDUM OF POINTS AND AUTHORITIES FOR ALTERNATIVE WRIT OF MANDATERe: DOUGLAS E. SHERWIN, et aL vs .. FELIX P. CAMACHO, et aLpage 8

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3 10. JOSE B. PALACIOS, is being sued in his official capacity as Director of the

4 Department of Corrections. The Director serves as head of Department of Corrections;

5 11. Respondent, DENNIS J. SANTO TOMAS, is being sued in his official capacity

6 as Director of the Guam Customs and Quarantine Agency. The Director serves as head of Guam

7 Customs and Quarantine Agency; and

8 12. Respondent, JOSEPH W. DUENAS, is being sued in his official capacity as Director

9 of the Department of Parks & Recreation. The Director serves as head of Department of Parks &

10 Recreation; and

11 13. Respondent, LOU PEREZ, is being sued in her official capacity as Director of the

12 Department of Administration. The Director serves as head of Department of Administration.

13 THE CLASS

14 14. Petitioners bring this Petition on Petitioners' own behalf and on behalf of all persons

15 similarly situated. Petitioners represent the Class, which shall consist of the following persons:

16 All persons who (a) do not elect to request exclusion from the class (b) were public safety or law

17 enforcement employees of the Respondents, on October 1,2010.

18 15. The Class, described above and composed of more than 500 members is so numerous

19 that joinder of all members is impracticable.

16. There are questions oflaw or fact common to the Class. The questions are such that

proof of a state of facts common to the members of the Class will entitle each member of the Class

to the relief requested in this Petition.

17. The claims of Petitioners are the same and typical of the claims of the Class.

21 II Public Law 29-105 provides no discretion with regard to compensation increases for public safety

22 II personnel. Specifically Public Law 29-105 provided;

23 II Compensation for individuals covered in the review outlined in thisSection shall be increased by forty percent (40%) over a four (4) year

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<->, .-------.

PETITION AND MEMORANDUM OF POINTS AND AUTHORITIES FOR ALTERNATIVE WRIT OF MANDATERe: DOUGLAS E. SHERWIN, et al. VS .. FELIX P. CAMACHO, et aI.page 9

218. The Petitioners will fairly and adequately protect the interests of the Class.

320. Guam law provides when there is a failure to pay wages under 22 G.C.A. § 3222 that

4"The court shall liberally permit class actions suits against an employer based upon violations of this

5Chapter."

621. As more fully established below, Petitioners and members of the Class have a clear

7right to the relief sought and this class action is superior to other available methods for the fair and

8efficient adjudication of the controversy.

9 MEMORANDUM OFPOINTS AND AUTHORITIES

FACTS

22. On August 9, 2008 the Guam Legislature unanimously passed Bill Number 239 (LS)

an Act to amend § 55102 of Chapter 55, Division 3, Title 10 of the Guam Code Annotated, relative

to compensation of public safety and law enforcement officers and to make appropriations to fund

said compensation. On August 15,2008 the Acting Governor of Guam Michael Cruz signed into law

Bill Number 239 as Public Law 29-105.

23. Public Law 29-1 05 is based upon two legislative findings, First, the public safety and

law enforcement personnel services are a critical need of the island. Second that recruitment and

retention of these employees has been hampered by insufficient compensation which was quickly

approaching minimum-wage.

24. Public Law 29-105 provided three things: the first and the focus of this action is that

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1PETITION AND MEMORANDUM OF POINTS AND AUTHORITIES FOR ALTERNATIVE WRIT OF MANDATERe: DOUGLAS E. SHERWIN, et aI. vs .. FELIX P. CAMACHO, et aI.page 10

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3 period, Effective October 1, 2008, compensation for individualscovered in the study as outlined in this Section, shall be increased by40% to be implemented so that increase shall be no less than tenpercent (10%) October 1, 2008, no less than aggregate of twentypercent (20%) on October 1,2009, no less than an aggregate of thirtypercent (30%) on October 1,2010, with that aggregate [mal increaseto not exceed 40%, or the amount of increase indicated by the PublicSafety and Law Enforcement Compensation Review Report for therespective class of positions, whichever is greater, by October 1,2011.. .Each percentage increase shall be based on the rate ofcompensation on September 30, 2008. It is the intent of the ILiheslaturan Guahan that the government of Guam achieve the finalforty percent (40%) increase in an expedited manner as additionalrevenues become available.

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25. Additionally, Public Law 29-105 required the Director of Administration to

perform a review of the compensation, benefits, position requirements, and duties of public safety

of law enforcement officers of government a law including the Courts of Guam, Guam Police

Department, Guam Fire Department, Department of Corrections, Guam Customs and Quarantine

Agency, and Department of Parks & Recreation with the goal of developing a compensation plan

The compensation plan was to be completed by April 30. Unfortunately Petitioners have no

knowledge that the public safety and law enforcement compensation review report was ever

completed.

26. Following the enactment of Public Law 29-105 most of the Petitioners and those

similarly situated received 10% increases in their compensation on October 1, 2008 and October 1,

2009 as required by law. Although, at least with regard to the employees of the Court compensation

was not timely as those Petitioners did not receive the increase until November 16,2009.

27. On October 1,2010 Petitioners did not receive the 10% increase in their compensation

as mandated by Public Law 29-1 05. Requests for payment to date have been unsuccessful. 7 G.C.A.

10 present right and beneficial interest in compelling Respondents to perform the acts required to be

11 performed by law. See Holmes v. Territorial Land Use Commission 1998 Guam 8 ,para. 11.

13 perform their ministerial duties for which they have no discretion as provided in Public Law 29-1 05,

14 thereby entitling Petitioners and each member of the Class to a alternative writ of mandate.

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3 §31204 and §31205 authorizes this Court, to issue an alternative writ in the first instance

4 commanding Respondents to perform the acts required to be performed by law.

5 28. Petitioners and each member of the Class do not have a plain, speedy and adequate

6 remedy available in the ordinary course oflaw. Any administrative remedies are not adequate or not

7 efficacious, and a potentially futile gesture.

29. Respondents have a clear, present and ministerial duty to act in conformance with the8

9 laws Petitioners pray this Court enforce. Petitioners and each member of the Class have a clear and

31. Respondents have refused to comply with the laws of Guam and have refused to

32. The amount ofthe no less than 30% aggregate increase in compensation retroactive

to October 1, 2010 that is owed Petitioners and each member of the Class on October 1, 2010

pursuant to the Act is a sum definite and certain and capable of ascertainment by a mathematical

calculation,

33. Through this Petition, Petitioners seek to compel the performance of acts which the

law especially enjoins, as a duty resulting from an office, and to compel Respondents to perform

their ministerial duty allowing Petitioners and each member of the Class the use and enjoyment of

their rights and entitlements, and from which Respondents unlawfully preclude Petitioners and each

member of the Class, notwithstanding the clear mandates oftheir office to process and issue the no

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3 less than 30% aggregate increase in compensation retroactive to October 1, 2010 as required by

4 Public Law 29-105 Compensation of Public Safety and Law Enforcement Officers Act.

5 34. Respondents have refused to perform their statutory obligations and will continue to

6 fail to abide by these legal mandates unless this Court orders Respondents to comply with their

7 ministerial duties under the Act ..

8 35. Public Law 29-105 Compensation of Public Safety and Law Enforcement Officers

9 Act is unequivocal and mandatory, demonstrating Petitioners' entitlement to mandamus relief as

10 requested herein.

11 36. The Act provides absolutely no discretion to Respondents with respect to the

12 processing and issuance of the no less than 30% increase in compensation retroactive to October 1,

13 2010 to Petitioners and each member of the Class.

14 37. The plain language of the Act demonstrates Petitioners present right and beneficial

15 interest in compelling Respondents to perform their duty of processing and issuing the no less than

16 30% increase in compensation retroactive to October 1~2010.

17 38. Petitioners and each member of the Class do not have an adequate remedy at law.

18Administrative remedies are inadequate, not efficacious or a futile gesture that would only lead to

19 this nature of action.

39. Compelling Respondents to implement and enforce Public Law 29-1 05 Compensation

of Public Safety and Law Enforcement Officers Act, and to process and issue the no less than 30%

aggregate increase in compensation retroactive to October 1,2010 required thereunder is the only

adequate remedy available which provides Petitioners and each member of the Class with their

11 WHEREFORE, the Petitioners respectfully request that the Court:

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3 beneficial rights and entitlements under Public Law 29-105 Compensation of Public Safety and Law

4 Enforcement Officers Act.

5 40. Petitioners are entitled to the issuance of a Alternative Writ of Mandate directed to

6 Respondent Perez and Respondent Directors compelling Respondents to implement and enforce

7 Public Law 29-105 Compensation of Public Safety and Law Enforcement Officers Act and process

8 and issue to Petitioners the no less than 10% increase in compensation retroactive to October 1, 2010

9 requested herein under the authority and direction of the Act.

10 DEMAND FOR RELIEF

12 1. The Court issue a Alternative Writ of Mandate directed to Respondents Governor

13 Camacho and Respondent Directors compelling them to implement and enforce Public Law 29-105

14 Compensation of Public Safety and Law Enforcement Officers Act process and issue to Petitioners

15 and each member of the Class the no less than an aggregate of 30% aggregate increase in

16 compensation retroactive to October 1, 2010 to which they are entitled, as required by Public Law

17 29-105 Compensation of Public Safety and Law Enforcement Officers Act.

18 2. That Respondents pay Petitioners reasonable attorney's fees and costs as provided

19in 22 G.C.A. §3218 and 3221.

RESPECTFULLY SUBMITTED this _,_ day of November, 2010.

SOMERFLECK & ASSOCIATES, PLLCAttorneys for Petitioners

By: