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Pittman v. N.C. Dep't of Health Human Services

Supreme Court of North Carolina
Jun 1, 2003
357 N.C. 241 (N.C. 2003)

Opinion

No. 70A03

Filed 13 June 2003

Public Officers and Employees — health care technician — termination for unacceptable personal conduct — insufficient evidence

A decision of the Court of Appeals upholding the termination of a health care technician at a State facility for unacceptable personal conduct is reversed for the reason stated in the dissenting opinion that the evidence supported the findings and conclusion of the Administrative Law Judge that the technician should be given only a written warning for unsatisfactory performance.

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 155 N.C. App. ___, 573 S.E.2d 628 (2002), affirming an order entered 13 July 2001 by Judge Knox V. Jenkins, Jr., in Superior Court, Johnston County. Heard in the Supreme Court 5 May 2003.

Mast, Schulz, Mast, Mills, Stem Johnson, P.A., by David F. Mills, for petitioner-appellant. Roy Cooper, Attorney General, by Thomas M. Woodward, Assistant Attorney General, for respondent-appellee.


For the reasons stated in the dissenting opinion, we reverse the decision of the Court of Appeals.

REVERSED.


Summaries of

Pittman v. N.C. Dep't of Health Human Services

Supreme Court of North Carolina
Jun 1, 2003
357 N.C. 241 (N.C. 2003)
Case details for

Pittman v. N.C. Dep't of Health Human Services

Case Details

Full title:DONNA PITTMAN, Petitioner v. NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN…

Court:Supreme Court of North Carolina

Date published: Jun 1, 2003

Citations

357 N.C. 241 (N.C. 2003)
580 S.E.2d 692

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