WARREN v. DEPT. OF CRIME CONTROL

No. COA11-884.

726 S.E.2d 920 (2012)

John Baker WARREN, Petitioner v. NORTH CAROLINA DEPARTMENT OF CRIME CONTROL & PUBLIC SAFETY; NORTH CAROLINA HIGHWAY PATROL, Respondent.

Court of Appeals of North Carolina.

June 19, 2012.


Attorney(s) appearing for the Case

The McGuinness Law Firm, Elizabethtown, by J. Michael McGuinness , for petitioner.

Attorney General Roy Cooper , by Assistant Attorney General Tamara S. Zmuda , for respondent.

Richard C. Hendrix for Amicus Curiae North Carolina Troopers Association.

Richard E. Mulvaney for Amicus Curiae National Troopers Coalition.


STEELMAN, Judge.

The trial court's order is vacated and remanded for entry of findings of fact and conclusions of law reconciling conflicts in the order. In order to discharge, suspend, or demote a career state employee for disciplinary reasons based on unacceptable personal conduct, the specific misconduct must constitute just cause for the specific disciplinary sanction imposed.

I. Factual and Procedural Background

On 7 October 2007, the...

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