Court issues a Decision & Order for Writ of Mandamus in double pay case

June 04, 2020, Tamuning, Guam- The Office of the Attorney General issued the following statement today following the issuance of the Decision and Order in the double pay lawsuit:

At the start of this case, we said that the court would be bound by the rules. In today’s decision, the court raised the same issues identified in our legal opinion and came to the same conclusion: the rule as written requires a facility to be closed and an essential employee to remain on duty while others employees are on excused leave in order to qualify for double pay or compensatory time off. But being right does not always mean winning. We have consistently pointed out the inequity that would result from following the rules. 

Officer Topasna has the right to appeal the court’s decision to the Supreme Court. However, we do not expect the result will be different because neither our office nor the courts have the ability to rewrite our laws. Litigation cannot serve as a substitute for legislation.   

That power rests solely with our Legislature.