N.C. Department of Correction v. McNeely

TIMMONS-GOODSON, Judge.

■ Donald P. McNeeiy (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 enter an order upholding the dismissal, respondent appeals.

The evidence tends to show that on 5 June 1994, respondent was…