Thornton v. Civil Service Commission

Perhaps indicative as to how entrenched the understanding was that five days meant five work, not calendar, days, Barry Thornton primarily wished only to be allowed to work details during the time he was suspended.1 The lower court judge took a different path by ruling that five days meant five calendar days. The majority travels a somewhat similar route and holds essentially that five days means one seven-day week.

I start with the oft quoted rule, bypassed here, that an “administrative agency’s interpretation of a statute within its charge is accorded weight and deference.” Eastern Cas. Ins.…