Appeal of Westwick

The commissioner of education (the commissioner) dismissed plaintiff Carmen Westwick from her position as Executive Director of the New Hampshire Board of Nursing Education and Nurse Registration (executive director) in accordance with personnel rules which regulate classified employees. See RSA 21-1:48; RSA 326-B:5 (1984); see generally N.H. Admin. R., Per. (1983). The plaintiff filed an appeal with the personnel appeals board, claiming that the commissioner had no authority to dismiss her because the executive director is an unclassified employee. See RSA 21-1:49; see also RSA 4:1. The…