Hopson v. McGinnes

DUFFY, Justice:

Erskine Hopson was discharged from his job as a Correctional Officer in the Division of Adult Corrections. He was a State Merit System employee. 29 Del.C. § 5901, etc. He thereafter filed an appeal with the State Personnel Commission.1 After hear*188ing, the Commission was evenly divided by a 2-to-2 vote.2 Two of the members concluded that Hopson’s conduct was “notoriously disgraceful personal conduct in violation of Merit Rule 15.0706” and that the action of the Division should be affirmed. Two other members concluded that the Division had not proved “beyond a reasonable doubt”…