Meyers v. Department of Human Resources

Judge WALKER

dissenting.

I respectfully dissent from that portion of the majority opinion which holds that upon dismissal of the personnel action by the State Personnel Commission, petitioner’s contested case came to an end.

When petitioner’s initial personnel action was previously before this Court it reversed the petitioner’s demotion and mandated “that the matter be remanded to the [State Personnel] Commission with instructions that the action be dismissed due to lack of proper notice under Section 126-35.” Meyers v. Dept. of Human Resources, 92 N.C.App. 193, 198, 374 S.E.2d 280, 283 (1988),…