Guam Memorial Hospital Authority v Civil Service Commission [2015] GUSC 18 (24 June 2015)

IN THE SUPREME COURT OF GUAM

IN THE MATTER OF:
GUAM MEMORIAL HOSPITAL AUTHORITY,
Petitioner-Appellee,

v.

CIVIL SERVICE COMMISSION,
Respondent,

and

EVANGELINE P. CHACO,
Real Party in Interest-Appellant.

Supreme Court Case No. CVA13-032
Superior Court Case No. SP0051-12

AMENDED OPINION ON REHEARING

Filed: June 24, 2015

Cite as: 2015 Guam 18

Appeal from the Superior Court of Guam
Argued and submitted on May 9, 2014
Hagåtña, Guam

Appearing for Real Party in Interest-Appellant: William B. Pole, Esq. Law Offices of Gumataotao & Pole 115 San Ramon St., Ste. 301 Hagåtña, GU 96910	Appearing for Petitioner-Appellee: Minakshi V. Hemlani, Esq. Fisher & Assocs. De La Corte Bldg. 167 E. Marine Corps Dr., Ste. 101 Hagåtña, GU 96910
Appearing for Respondent: Vanessa W. Ji, Esq. The Law Office of Vanessa Ji, P.C. BankPacific Bldg. 166 W. Marine Corps Dr., Ste. 102 Dededo, GU 96929

BEFORE: ROBERT J. TORRES, Chief Justice; F. PHILIP CARBULLIDO, Associate Justice; and KATHERINE A. MARAMAN, Associate Justice.

TORRES, C.J.:

[1] This Amended Opinion supersedes in its entirety the prior opinion of this court, Guam Memorial Hospital Authority v. Civil Service Commission (Chaco), 2014 Guam 27. Real Party in Interest-Appellant Evangeline P. Chaco was employed at Guam Memorial Hospital Authority ("GMHA") as a mammography technologist and was terminated by GMHA for performing work outside her scope of practice and for ethical and confidentiality violations. Chaco appealed her termination to the Civil Service Commission ("CSC") which, pursuant to its authority under 4 GCA § 4406,[1]