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Reports of the Trust Territory of the Pacific Islands |
TOSIWO NAKAMURA, JOSHUA KOSHIBA, and SADANG SILMAI, Plaintiffs
v.
THOMAS O. REMENGESAU, in his capacity as District Administrator of Palau District, Trust Territory of the Pacific Islands, Defendant
Civil Action No. 135-75
Trial Division of the High Court
Palau District
September 14, 1976
Action by teachers dismissed because they had been elected to the District Legislature. The Trial Division of the High Court, Hefner, Associate Justice, held that policy under which the teachers were dismissed was illegal.
1. Labor Relations—Dismissal or Discipline of Employee—Grounds
Board of Education policy providing that teachers and other educational personnel could not hold elective positions in the government if they would be absent from their job for a period in excess of their annual leave was in conflict with statute listing the persons disqualified from candidacy for the elective positions held by teachers challenging the policy, but not including teachers and other educational personnel in the list of disqualified persons, an indication that they were not intended to be on the list, and the policy was invalid. (43 TTC § 102)
2. Labor Relations—Dismissal or Discipline of Employee—Grounds
Board of Education policy providing that teachers and other educational
personnel could not hold elective positions in the government
if they would be
absent from their job for a period in excess of their annual leave, and
providing for appeal to the board, was clearly
unreasonable as to classification
and of so wide a scope and breadth as to be illegal, since it included anyone
working for the educational
system, and allowed those with enough leave, and
successful appellants to the board, to hold elective positions, despite the
policy
that holding elective positions would disrupt the
school.
Assessor: SINGICHI IKESAKES
Reporter: MISSY F.
TMAN
Counsel for Plaintiffs: JESSE PENNINGTON, ESQ., MLSC
JOHN K.
RECHUCHER, ESQ.,
Counsel for Defendant: District Attorney,
Yap
HEFNER, Associate Justice
This matter was heard at 1:30 P.M., September 9, 1976. The plaintiffs were represented by Jesse Pennington, MLSC and the defendant was represented by John Rechucher, District Attorney.
Both counsel stipulated to the following facts:
1. The plaintiffs are employees of the Trust Territory Department of Education.
2. All of the plaintiffs were elected to the Palau District Legislature in September, 1975.
3. Prior to the April 1976 legislative session, the plaintiffs received letters from the Department of Education relating to their dismissal from the department.
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