Opinion

Pittman v. North Carolina Department of Health & Human Services

155 N.C. App. 268
573 S.E.2d 628
2002 N.C. App. LEXIS 1579

Court: Court of Appeals of North Carolina
Filed: Dec 31, 2002
Status: Published
Author: Walker
On the bench: Biggs, Eagles, Walker
Cited by: 1 cases

The opinion

WALKER, Judge,

dissenting.

I respectfully dissent from the majority opinion affirming the order of the trial court.

This matter was heard by an able and experienced administrative law judge (ALJ), who made extensive findings and conclusions and recommended that petitioner not be terminated for unacceptable personal conduct pursuant to N.C. Gen. Stat. § 126-35 (2001), but instead be given a written warning for unsatisfactory performance. The State Personnel Commission rejected the ALJ’s recommended decision with two members dissenting.

After careful review of the record, I agree with the findings and conclusions of the ALJ. The evidence raises no more than a permissible inference that petitioner engaged in the conduct for which she was dismissed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.