North Carolina Department of Transportation v. Hodge

LEWIS, Judge.

Both this case and a companion case, Betsy Johnson Powell v. North Carolina Department of Transportation (COA95-1320) (opinions filed simultaneously), raise the issue of whether the Governor properly designated certain State employee positions as “policymak-ing” under N.C. Gen. Stat. section 126-5.

Beginning on 1 January 1992, Glenn I. Hodge, Jr. was employed by the N.C. Department of Transportation (“DOT”) as an internal auditor. On 23 May 1992, he was promoted to Chief of the Internal Audit Section. On 3 May 1993, the Secretary of the DOT notified Hodge that his position would…