Hopson v. McGinnes

O’HARA, Judge.

This is an appeal from an order .of the State Personnel Commission (“Commission”) upholding the dismissal of appellant Hopson from his position as a correctional officer at the Delaware Correctional Center. Only four of five commissioners participated in the hearing; two finding one set of facts and, therefore, voting to uphold dismissal, and two disagreeing with those findings and, therefore, voting to overturn the dismissal.

The significance of the two-two vote may be discerned from an examination of the statutory scheme. 29 Del.C. § 5949(a) provides:

“An employee in the…