Ray v. Belnap v. Andrew Chang, Individually and in His Capacity as Director of the Department of Social Services and Housing, State of Hawaii

Ray V. Belnap, former Director of Corrections for the State of Hawaii, appeals a judgment holding that his resignation did not deprive him of liberty or property without due process of law.

On February 10, 1975, Andrew Chang, Director of the Department of Social Services and Housing, informed Belnap that if he did not resign he would be suspended from his job for 10 days and then dismissed. Chang had prepared two letters, one a letter of resignation, and the other a letter of dismissal. Belnap read both documents and said that he wanted to prepare his own resignation letter. He went back to his office and wrote “I wish to submit my resignation from my position as Corrections Division Administrator and retire from state service after 14 years to be effective February 10, 1975.” Belnap signed the letter and submitted it to Chang within an hour of their first meeting. Belnap now claims that he was under time pressure imposed by Chang and that therefore his resignation was coerced. He claims that the constructive dismissal deprived him of a property interest without due process of law.

Chang sought Belnap’s resignation at the recommendation of a prison task force chaired by…