ST. CROIX — A former taxi inspector/enforcement officer with the Virgin Islands Taxicab Commission recently filed a lawsuit alleging that the agency’s executive director refused to execute his Notice of Personnel Action (NOPA), preventing him from receiving his legally entitled pension benefits.
George Mena, of St. Thomas, filed suit Tuesday in Virgin Islands Superior Court against the Commission and its executive director, Melissa Smith, both in her official capacity and individually.
The complaint, filed by attorney Lee Rohn, alleges that Smith has a personal vendetta against Mena and refused to approve his retirement NOPA to harm him because of her anger and disappointment that he would not follow her commands.
“She did not want him to retire,” Rohn said by phone.
Rohn said Smith has not finalized her client’s retirement for nearly a year.
“I’ve written her letters,” Rohn said. “He’s talked to her repeatedly. This is someone who should not be in the position they’re in because clearly, they don’t have the type of temperament to be in that position.”
Smith, however, disputes the claims.
“His retirement paperwork has been filed,” she told WTJX, declining to say when the NOPA was processed.
According to the lawsuit, Mena worked for more than 20 years as a taxi inspector/enforcement officer before retiring effective May 30, 2025. Under government procedures, the executive director must approve a NOPA confirming the retirement. Execution of the NOPA is the start of the process for retirees to receive pension payments through the Government Employees’ Retirement System.
“He can’t get his retirement benefits that he’s worked his whole life for,” Rohn said. “He’s got health issues with no insurance. She knows that, and she still won’t put her name on his NOPA.”
As a result, Mena claims he has suffered financial hardship, emotional distress, anxiety, loss of health insurance coverage, and loss of enjoyment of life.
The lawsuit includes three legal claims: a request for declaratory and injunctive relief to force execution of the retirement paperwork, a claim for intentional infliction of emotional distress, and a claim alleging breach of duty and negligence to defendant Smith.
Mena is asking the court to formally declare his right to have the retirement paperwork processed, order Smith to execute the document immediately, award compensatory damages, and require the defendants to pay attorney’s fees and court costs.
While the suit names Smith as VITCC executive director, she is listed as the Commission’s acting executive director on the Division of Personnel’s employee database.
“If she is acting director, someone should get her out of that position because there’s no reason that someone who acts like that should be made director,” Rohn said.
