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N.C. DEPT. OF CORRECTION v. McNEELY

No. COA98-1131.

521 S.E.2d 730 (1999)

N.C. DEPARTMENT OF CORRECTION, Petitioner, v. Donald P. McNEELY, Respondent.

Court of Appeals of North Carolina.

November 16, 1999.

Attorney(s) appearing for the Case

Attorney General Michael F. Easley, by Associate Attorney General Buren R. Shields, III, for the State.

C. Gary Triggs, P.A., by C. Gary Triggs, Morganton, for respondent appellant.

TIMMONS-GOODSON, Judge.

Donald P. McNeely (hereinafter, "respondent"), a correctional officer with the North Carolina Department of Correction (hereinafter, "DOC"), was dismissed for misconduct effective 22 June 1994. The stated grounds for the dismissal were: "(1) leaving [his] post without authorization and (2) failure to remain alert on duty." From the Superior Court's Memorandum of Decision instructing the Personnel Commission (hereinafter, "the Commission") to...

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