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Viena v American Samoa Government [2014] ASHC 1; AP 07-2011 (10 June 2014)

SLIP OPINIONS

OF THE

APPELLATE DIVISION

OF THE

HIGH COURT OF AMERICAN SAMOA

(2014)

SAITAUGA O. VIENA, Administrator of the Estate of August Viena,
Petitioner,

v.

AMERICAN SAMOA GOVERNMENT,
Respondent.

High Court of American Samoa
Appellate Division

AP No. 07-11

June 10, 2014

[1] The High Court may not substitute its judgment for that of an agency as to the weight of evidence on questions of fact, and must afford appropriate weight to the agency‘s experience, technical competence, and specialized knowledge when reviewing the agency‘s interpretation of evidence, factual inferences, and conclusions of law.

[2] The Court may reverse or modify an agency‘s decision or remand it back for further proceedings upon deciding the substantial rights of the petitioner have been prejudiced because the agency‘s decision: (1) violated applicable constitutional or statutory provisions; (2) was in excess of the agency‘s statutory authority; (3) made upon unlawful procedure; (4) affected by other error of law; (5) was clearly erroneous in view of the reliable, probative, and substantial evidence in the whole record; or (6) was arbitrary, capricious or characterized by abuse of discretion.

[3] Under the implementing administrative rules, A.S.A.C. § 4.0808 supplies an initial set of procedures to be followed when a position is abolished.

[4] Once placed on the reemployment register, the administrative rules require special treatment of the displaced employee by the Director of Human Services with respect to any open positions in the career service. These rules are designed to effect the prompt reemployment of such individuals.

[5] Pursuant to A.S.A.C. § 4.0902, an employee whose position was abolished may "appeal" his reduction-in-force status before the Personnel Advisory Board.

[6] A separated employee is afforded sufficient time to exhaust his alternative reemployment or reduction-in-force options before filing for a hearing with the Personnel Advisory Board under the rules and is not required to file within 10 calendar days from his notice of the reduction-in-force from the Director of Human Services.

[7] Under A.S.A.C. § 4.0808(d), consistent with the equitable treatment of employees affected by reductions in force required under A.S.C.A. § 7.0806, the Director of Human Resources must place terminated career service employees on the reemployment register and effect territory-wide R.I.F. procedures.