Palsis v Kosrae [2009] FMKSC 1; 16 FSM Intrm. 297 (Kos. S. Ct. Tr. 2009) (10 February 2009)

KOSRAE STATE COURT TRIAL DIVISION

CIVIL ACTION NO. 26-08

MIRAH E. PALSIS,
Plaintiff,

vs.

STATE OF KOSRAE,
Defendant.

_____________________

MEMORANDUM OF DECISION

Aliksa B. Aliksa
Chief Justice

Trial: January 27-30, 2009
Decided: February 10, 2009

APPEARANCES:

For the Plaintiff: Canney Palsis, Esq.
Micronesian Legal Services Corporation
P.O. Box 38
Tofol, Kosrae FM 96944

For the Defendant: J.D. Lee, Esq.
Attorney General
Office of the Kosrae Attorney General
P.O. Box 870
Tofol, Kosrae FM 96944

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HEADNOTES

Administrative Law  Judicial Review
A person adversely affected or aggrieved by a final administrative decision is entitled to judicial review of that decision in the Kosrae State Court which shall conduct a de novo trial of the matter; which shall decide all relevant questions of law and fact, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action; and which may receive in evidence any or all of the record from the administrative hearing that is stipulated by the parties. Although the court holds a new trial, the agency action is entitled to at least some deference regardless of the substantive grounds for the appeal and will not be set aside it unless it is 1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; 2) contrary to constitutional right, power, privilege, or immunity; 3) in excess of statutory jurisdiction, authority or limitations, or a denial of legal rights; 4) without substantial compliance with the procedures required by law; or 5) unwarranted by the facts. A plaintiff generally has the burden of proving their case and thus, a plaintiff challenging an administrative decision must prove it meets one of the five criteria before the decision will be held unlawful and set aside. Palsis v. Kosrae, 16 FSM Intrm. 297, 305, 313 (Kos. S. Ct. Tr. 2009).

Public Officers and Employees  Kosrae
The statute does not specifically require a good cause standard to be met when dismissing or demoting an employee. A management official may, for disciplinary reasons, dismiss or demote an employee when he determines that the good of the public service will be served thereby. Palsis v. Kosrae, 16 FSM Intrm. 297, 305, 311 (Kos. S. Ct. Tr. 2009).

Constitutional Law  Due Process; Constitutional Law  Kosrae  Due Process