Mesngon v Government of Guam [2003] GUSC 3; 2003 Guam 03 (3 February 2003)

IN THE SUPREME COURT OF GUAM

MARIANO J.C. MESNGON,
Petitioner-Appellee,

vs.

GOVERNMENT OF GUAM, CIVIL SERVICE COMMISSION,
Respondent,

and,

UNIVERSITY OF GUAM, through DR. DAVID L.G. SHIMIZU,
CHAIRMAN, BOARD OF REGENTS,
Real Party in Interest-Appellant.

Supreme Court Case No.: CVA02-002
Superior Court Case No.: SP0080-00

OPINION

Filed: February 3, 2003

Cite as: 2003 Guam 3

Appeal from the Superior Court of Guam
Argued and submitted on June 18, 2002
Hagåtña, Guam

Appearing for Petitioner-Appellee: Richard Parker Arens, Esq. Cunliffe & Cook A Professional Corporation Suite 200 210 Archbishop Flores Street Hagåtña, Guam 96910

Appearing for Real Party in Interest-Appellant: Marcelene C. Santos UOG Legal Counsel University of Guam UOG Station Mangilao, Guam 96923

BEFORE: PETER C. SIGUENZA, JR., Chief Justice[1]; FRANCES M. TYDINGCO-GATEWOOD, Associate Justice; RICHARD H. BENSON, Justice Pro Tempore.

SIGUENZA, C.J.:

[1] Respondent-Appellant University of Guam (hereinafter AUniversity@) appeals the trial court=s decision, which held that the Government of Guam Civil Service Commission (hereinafter ACSC@) had jurisdiction to hear the merits of Petitioner-Appellee Mariano J.C. Mesngon=s (hereinafter AMesngon@) adverse action appeal. The trial court=s decision stemmed from its finding that Mesngon=s letter of intent to retire was not an effective resignation and, thus, did not divest the CSC of jurisdiction over Mesngon=s appeal. We reverse the trial court=s decision.

I.

[2] Mesngon worked as a Refrigeration Supervisor, a classified position, for the University for twenty-three years. On June 4, 1998, the Acting Facilities and Utilities Assistant Manager reported that Mesngon physically assaulted another employee. On June 18, 1998, Mesngon was served a Notice of Proposed Adverse Action (hereinafter ANPAA@) and suspended for the June 4th incident. Appellee=s Excerpts of Record, pp. 1, 3. The NPAA informed Mesngon of his right to respond to the charges within ten calendar days. However, Mesngon did not respond to the charges within the NPAA.

[3] On July 2, 1998, the President of the University met with Mesngon and Mesngon was offered the opportunity to retire or face adverse action proceedings. Mesngon apparently agreed to retire and, on that same day, signed a letter (hereinafter AJuly 2, 1998 letter@) to the President, which provided in pertinent part: AI have decided to retire effective Friday, July 17, 1998 (COB)@. Appellee=s Excerpts of Record, p. 5. Also on that date, Mesngon sent a letter to the Government of Guam Retirement Fund Director, which expressed: