Developmental Center v. Central Personnel Division

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 § 4-07-19-04, and we reverse the judgment.

I

[¶ 2] Pastorek was employed as a direct training technician at the Center in Grafton, and also had a second job at a Grafton restaurant.…