Port Authority of Guam v Civil Service Commission [2015] GUSC 14 (27 April 2015)

IN THE SUPREME COURT OF GUAM

PORT AUTHORITY OF GUAM,
Petitioner-Appellee,

v.

CIVIL SERVICE COMMISSION,
Respondent,

KEVIN J.T. SUSUICO,
Real Party in Interest-Appellant.

Supreme Court Case No.: CVA14-021
Superior Court Case No.: SP0121-13

OPINION

Filed: April 27, 2015

Cite as: 2015 Guam 14

Appeal from the Superior Court of Guam
Argued and submitted on October 27, 2014
Hagåtña, Guam

Appearing for Real Party in Interest-Appellant: William Benjamin Pole, Esq. Law Offices of Gumataotao & Pole 115 San Ramon St., Ste. 301 Hagåtña, GU 96910

Appearing for Petitioner-Appellee: Michael F. Phillips, Esq. The Law Offices of Phillips & Bordallo, P.C. 410 W. O'Brien Dr., Ste. 102 Hagåtña, GU 96910

BEFORE: F. PHILIP CARBULLIDO, Presiding Justice; KATHERINE A. MARAMAN, Associate Justice; JOHN A. MANGLONA, Justice Pro Tempore.[1]

MARAMAN, J.:

[1] Petitioner-Appellee Port Authority of Guam ("Port Authority") cancelled[2] the employment of Real Party in Interest-Appellant Kevin J.T. Susuico pursuant to a decision by the Civil Service Commission ("the CSC") that Susuico's hiring was null and void. Susuico appealed the cancellation of his employment to the CSC, which voided the cancellation on a procedural ground. Port Authority sought judicial review of the CSC's decision. The trial court held that the CSC lacked jurisdiction to consider Susuico's appeal, finding that Susuico was not hired through the competitive hiring process and, thus, was not a classified employee. Susuico appeals from that judgment. We reverse the judgment of the trial court and hold that Susuico was a permanent, classified employee, that Susuico was subjected to a final adverse action, and that the CSC had jurisdiction over Susuico's appeal.

I. FACTUAL AND PROCEDURAL BACKGROUND

[2]