Rawlings v. Gov't Emps. Serv. Comm'n, Civil No. 138-82
| Decision Date | 19 September 1983 |
| Docket Number | Civil No. 138-82 |
| Parties | PAULETTE RAWLINGS, Petitioner v. GOVERNMENT EMPLOYEES SERVICE COMMISSION, Respondent |
| Court | U.S. District Court — Virgin Islands |
Writ of review from recommendation of Government Employees Service Commission on appeal from request for re-allocation or reclassification of petitioner's job position. The District Court, Christian, Chief Judge, held that since petitioner applied for the writ after the period within which one may apply for such relief had expired, the writ of review should not have been granted and would be dismissed.BRENDA J. HOLLAR, ESQ., St. Thomas, V.I., for appellant
ROBERT L. KING, ESQ., St. Thomas, V.I., for appellee
MEMORANDUM AND ORDER
This case is before the Court on a writ of review directed to the respondent Government Employees Service Commission. Because the writ was improvidently granted, it must be dismissed.
In May of 1981 petitioner requested the Director of Personnel of the Government of the Virgin Islands to re-allocate or reclassify her job position in the Department of Internal Revenue. Dissatisfied with the director's response, the petitioner appealed to the Governor, pursuant to 3 V.I.C. § 496(b). In accordance with that section, the Governor referred the appeal to the Government Employees Service Commission (G.E.S.C.). The G.E.S.C held a hearing on October 20, 1981 (this hearing was held some fifty days later than as prescribed by section 496(b)). The G.E.S.C. then sent its recommendation to the Governor who approved the recommendation sometime in December of 1981. On December 30, 1981, petitioner filed a motion with the G.E.S.C. asking for a clarification of its recommendation. The G.E.S.C. then held another hearing on March 23, 1982, to consider petitioner's motion. As a result of that hearing an amended recommendation was issued by the chairman of the G.E.S.C, which was later approved by the Governor. Petitioner then applied to this court for a writ of review pursuant to 5 V.I.C. §§ 1421-1423 and 5 V.I.C. App. V, R. 11.
[1, 2] Section 496(b) of Title 3 of the Virgin Islands Code states that the Governor's decision upon the recommendation from the G.E.S.C. is final. 5 V.I.C. App. V, R. 11 allows a petitioner thirty days in which to petition this Court for a writ of review. After the thirty-day period, this Court does not have jurisdiction to entertain a petition for a writ of review. This period may not be extended by post-hearing motions. This rule was announced by this Court in Benjamin v. G.E.S.C, Civ. No. 78-289, 1978 St. T. Supp. 263 (D.V.I. Oct. 20, 1978). In Benjamin, the petitioner appealed a decision of the Bureau of Corrections to the G.E.S.C. The G.E.S.C. issued an opinion declining to assert jurisdiction. Petitioner then filed a motion to reconsider which was denied. Thirty days after the denial of the motion to reconsider, Benjamin sought...
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