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DEVELOPMENTAL CENTER v. CENTRAL PERSONNEL DIVISION

No. 990221.

604 N.W.2d 230 (2000)

2000 ND 7

DEVELOPMENTAL CENTER, NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES, Appellant, v. CENTRAL PERSONNEL DIVISION, OFFICE OF MANAGEMENT AND BUDGET; and Jacqueline Pastorek, Appellees.

Supreme Court of North Dakota.

January 19, 2000.

Attorney(s) appearing for the Case

Tag C. Anderson, Assistant Attorney General, Attorney General's Office, Bismarck, N.D., for appellant.

William E. McKechnie, William E. McKechnie & Associates, P.C., Grand Forks, N.D., for appellees.

SANDSTROM, Justice.

[¶ 1] The Developmental Center of the North Dakota Department of Human Services ("the Center") appeals from a district court judgment affirming an administrative order overturning the Center's termination of Jacqueline Pastorek's employment. We conclude Pastorek's conduct constituted a serious offense, which is excluded from the mandatory progressive discipline provisions of N.D. Admin. Code §...

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