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DEBNAM v. N.C. DEPT. OF CORRECTION

No. 397PA92.

432 S.E.2d 324 (1993)

334 N.C. 380

Thomas E. DEBNAM v. NORTH CAROLINA DEPARTMENT OF CORRECTION.

Supreme Court of North Carolina.

July 30, 1993.

Attorney(s) appearing for the Case

R. Bradley Miller, Raleigh, for petitioner-appellee, Thomas E. Debnam.

Michael F. Easley, Atty. Gen. by Andrew A. Vanore, Jr., Chief Deputy Atty. Gen., and Valerie L. Bateman, Asst. Atty. Gen., Raleigh, for respondent-appellant, North Carolina Dept. of Correction.

McGuiness & Parlagreco by J. Michael McGuiness, Salem, on behalf of all amici curiae; William G. Simpson, Raleigh, on behalf of the North Carolina Civil Liberties Union Legal Foundation; Ferguson, Stein, Watt, Wallas, Adkins & Gresham by Tom Stern, on behalf of the North Carolina Ass'n of Educators, and by Adam Stein, Chapel Hills, on behalf of the North Carolina Academy of Trial Lawyers; Joseph Delorey, Quincy, on behalf of the National Ass'n of Government Employees and the Intern. Broth. of Corrections Officers, amici curiae.

MITCHELL, Justice.

The facts which are determinative of this appeal are not in dispute. Beginning in January 1982, the petitioner-appellee Thomas E. Debnam was employed by the respondent-appellant North Carolina Department of Correction (DOC) as Assistant Superintendent of the Gates County Correctional Facility. Debnam was a permanent employee subject to the State Personnel Act. On 10 September 1985, two officials from the DOC Regional Office interviewed Debnam for...

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