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Jackson v Kosrae [2002] FMKSC 22; 11 FSM Intrm. 197 (Kos. S. Ct. Tr. 2002) (14 October 2002)

KOSRAE STATE COURT
TRIAL DIVISION

Cite as Jackson v. Kosrae
11 FSM Intrm. 197 (Kos. S. Ct. Tr. 2002)

[11 FSM Intrm. 197]

KENYE G. JACKSON,
Plaintiff,

vs.

STATE OF KOSRAE and RENSLEY A. SIGRAH,
Defendants.

CIVIL ACTION NO. 59-01

MEMORANDUM OF DECISION

Aliksa B. Aliksa
Associate Justice

Trial: September 17, 2002
Decided: October 14, 2002

APPEARANCES:

For the Plaintiff: Canney L. Palsis, Esq.
Micronesian Legal Services Corporation
P.O. Box 38
Lelu, Kosrae FM 96944

For the Defendant: Edward Buckingham, Esq.
Assistant Attorney General
Office of the Kosrae Attorney General
P.O. Box 870
Lelu, Kosrae FM 96944

* * * *

HEADNOTES

Administrative Law - Judicial Review; Public Officers and Employees - Kosrae
The Kosrae State Court’s standard of judicial review of final decisions made under the State Public Service System is that the court will decide all relevant questions of law and fact, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The court is authorized to compel, or hold unlawful and set aside agency actions. Jackson v. Kosrae, 11 FSM Intrm. 197, 199 (Kos. S. Ct. Tr. 2002).

Public Officers and Employees - Kosrae
A position in the Executive Service is a defined set of work responsibilities in the Executive, and if an employee performs duties in addition to those stated in the classification plan for his regular position and the compensation for the position which normally includes the additional duties is greater than her regular salary, she receives the greater salary during the period of performance. Jackson v. Kosrae, 11 FSM Intrm. 197, 200 (Kos. S. Ct. Tr. 2002).

[11 FSM Intrm. 198]

Public Officers and Employees - Kosrae
When the duties performed by the plaintiff in the Diabetic and Hypertension Program were regular duties of the Head Nurse position pursuant to the classification plan and were not in addition to those stated in the classification plan for the Head Nurse position, the plaintiff is not entitled to additional compensation or a higher salary during the time she performed those duties. Jackson v. Kosrae, 11 FSM Intrm. 197, 200 (Kos. S. Ct. Tr. 2002).

Public Officers and Employees - Kosrae