The Supreme Court of Guam has decided to deny former University of Guam professor Michael Elert’s appeal from the denial of a Petition for Alternative Writ of Mandate filed in the Superior Court.
The petition was filed against Thomas W. Krise, in his official capacity as President of the University of Guam, and the University of Guam Faculty Union American Federation of Teachers Local 6282.
Ehlert’s petition sought reinstatement to his position as Associate Professor at the University of Guam, an administrative hearing, back pay, and attorney’s fees and costs.
However, the Superior Court dismissed this petition for lack of jurisdiction and the Supreme Court today affirmed this determination.
The court first found that Ehlert’s failure to file his claim pursuant to the Government Claims Act made his petition futile. Under an alternative theory presented by Ehlert, the court held that Ehlert did not timely file his petition seeking review of an administrative hearing.
With respect to his claims against the Union, the court found that Ehlert had failed to state a claim for mandamus relief, as he did not identify a ministerial obligation of the Union in his petition.
For that reason, mandamus relief was unavailable to Ehlert against the Union. The Guam Supreme Court, therefore, affirmed the Superior Court’s decision dismissing the petition in its entirety.
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