Donastorg v. Gov't Employees' Serv. Comm'n
| Decision Date | 17 May 1968 |
| Docket Number | Civil No. 307-1967 |
| Parties | ALBERTO M. DONASTORG, SR., Petitioner v. GOVERNMENT EMPLOYEES' SERVICE COMMISSION, Respondent |
| Court | U.S. District Court — Virgin Islands |
See, also, 285 F.Supp. 111
Writ of review to Government Employees' Service Commission which sustained discharge of patrolman from Department of Public Safety. The District Court of the Virgin Islands, Walter A. Gordon, J., held that the provisions of the code granting right of review and describing scope thereof called for a general review of determinations of administrative agencies, and that the findings ofGovernment Employees' Service Commission was supported by evidence sufficient to justify petitioner's discharge from duty.
Findings of Commission affirmed.
MEMORANDUM OPINION
This matter comes before the Court on a writ of review-to the Government Employees' Service Commission which sustained the discharge of a patrolman from the Department of Public Safety.
[1, 2] At the onset, the Court is confronted by a curious conflict in the laws of this Territory. 3 V.I.C. 530(b) provides that "the decision of the Government Employees' Service Commission shall be final." Language like this has been given a variety of effects (see, generally, 4 Davis, Administrative Law, Ch. 28), from no review at all to full review. However, more is involved. 5 V.I.C. 1420 [1421] allows review to "any party to any proceeding before any officer, board, commissions, authority, or tribunal . . ." which review under 5 V.I.C. 1421 [1422] "shall be allowed in all cases . . . where the officer, board, commission, authority, or tribunal in the exercise of his or its functions appears to have exercised such functions erroneously, or to have exceeded its jurisdiction . . . ."
At this point, the conflict might be resolved by a holding that the review is limited, in cases where the agency's or commission's decision is declared final, to a consideration of the legality of the proceeding, as opposed to a review of the decision and the facts upon which the decision is based. Such has been one result reached by other Courts when confronted by similar statutes declaring administrative action to be final. (Davis, supra.)
However, 5 V.I.C. 1423 provides that upon review, "the court shall have power to affirm, modify, reverse, or annulthe decision . . . ." This section, when read in conjunction with the others, seems to imply much more on review than an inquiry into the legality of the proceedings.
[3, 4] The Court is of the opinion that the provisions of the Code granting the right of review and describing the scope thereof call for a general review of the determinations of administrative agencies, not only as to the legality of the proceeding, and the application of the law by the agency, but also to the factual conclusions reached. Any provisions to the contrary, such as seem to exist in 3 V.I.C. 530(b) must be reconciled with the review provisions, so as not to foreclose to citizens the scope of review granted them in 5 V.I.C. 1420 [1421] et seq.
[5] In the absence of any relevant precedent in this...
To continue reading
Request your trial
-
Gov't of the Virgin Islands v. United Indus. Workers of N. Am., D.C.Civ.App.1992–022.
...as incorporating the substantial evidence rule of administrative law, see, e.g., Donastorg v. Government Employees' Serv. Comm'n, 6 V.I. 368, 371, 285 F.Supp. 111, 112 (D.V.I.1968), the authorized scope of review is expansive. In contrast, the Third Circuit Court of Appeals has stated that ......
-
Monsanto v. Quinn, 81-1434
...Islands; a 90 day suspension without pay should suffice." 4 Monsanto subsequently petitioned the district court for a writ of review of the GESC decision pursuant to 5 V.I.C. § 1421 et seq. The district court granted review and, after reviewing the record of the GESC proceedings and the par......
-
ENVIRON. ASS'N OF ST. THOMAS v. VI BD. OF LAND USE, Civ. No. 479/1993.
...evidence as a reasonable mind might accept as adequate to support the Board's conclusions. Donastorg v. Government Employees Service Commission 6 V.I. 368, 285 F.Supp. 111 (D.C.V.I 1968). The Court's review, inter alia, is limited to determining whether there is substantial evidence in the ......
-
Herbert v. Gov't Employees' Serv. Comm'n, Civil No. 84/84
...1980 St. T. Supp. 405, 407 (D.V.I. Sept. 18, 1980); Turnbull v. Holder, 11 V.I. 94, 98 (D.V.I. 1974); Donastorg v. GESC, 6 V.I. 368, 371, 285 F. Supp. 111, 112 (D.V.I. 1968). Substantial evidence has been defined as "such relevant evidence as a reasonable mind might accept as adequate to su......