Massey v Trust Territory [1971] TTLawRp 32; 5 TTR 423 (26 August 1971)

5 TTR 423

CHARLES E. MASSEY, Plaintiff

v.

TRUST TERRITORY OF THE PACIFIC ISLANDS,
DISTRICT DIRECTOR OF EDUCATION, PONAPE,
DIRECTOR OF EDUCATION, SAIPAN,

and

DISTRICT ADMINISTRATOR, PONAPE, Defendants

Civil Action No. 469

Trial Division of the High Court

Ponape District

August 26, 1971

Hearing on Government employees motion for reinstatement. The Trial Division of the High Court, Arvin H. Brown, Jr., Associate Justice, held that where disciplinary proceedings brought against a Government employee were not in conformity with the Personnel Manual, they were without force.

Trust Territory-Personnel Policy

Regarding disciplinary actions against a Government employee, the Government must follow the procedures set out in the Personnel Manual and if those proceedings were not in accord with the Manual they are without force.

BROWN, Associate Justice

Hearing on Plaintiffs motion for reinstatement came on regularly on August 25, 1971, before the Trial Division of the High Court, at Kolonia, Ponape District. Plaintiff was represented by Yasuwo Johnson, Esq., Public Defender's Representative, and defendant was represented by Lyle M. Richmond, Esq., District Attorney, Truk/Ponape Districts. Evidence, both oral and documentary, was received, and arguments were heard.

Plaintiff bases his motion for reinstatement upon the ground that his employment with the Government of the Trust Territory of the Pacific Islands as a teacher was wrongfully terminated and, further, that he was wrongfully removed from government housing, which had been furnished him in connection with his employment.

The employment agreement between the Trust Territory of the Pacific Islands and the plaintiff was executed on September 1, 1970, and plaintiff was formally employed September 12, 1970. He arrived at Ponape District on September 14, 1970, and satisfactorily taught high school typing and high school algebra at Ponape Islands Central School during the 1970-1971 school year.

On May 24, 1971, plaintiff received from the District Director of Education, Ponape District, a letter advising him that he was suspended for a period of 30 days, commencing June 7, 1971. Although plaintiff was not specifically advised of his rights, his attention was called to Chapters 13 and 14 of the Trust Territory Personnel Manual. Plaintiff did request a grievance hearing, and the same was held at Kolonia, Ponape District, on May 28, 1971, but plaintiff at no time was furnished with any transcript of the proceedings at the grievance hearing.