Wetherington v. N.C. Dep’t of Pub. Safety

Petitioner, a trooper, was dismissed from the State Highway Patrol for allegedly violating the Patrol’s truthfulness policy. The State Personnel Commission (SPC) concluded that Petitioner’s dismissal was supported by just cause. The superior court reversed, determining that Petitioner’s conduct did not provide just cause for dismissal and that the decision to dismiss Petitioner was arbitrary and capricious. The court of appeals affirmed. The Supreme Court affirmed as modified, holding (1) the official who dismissed Petitioner proceeded under a misapprehension of the law that he had no discretion over the range of discipline he could administer; and (2) as such, by upholding the North Carolina Department of Crime Control and Public Safety’s use of a per se rule of mandatory dismissal for all violations of a particular policy, the SPC failed to examine the facts and circumstances of Petitioner’s individual case as required by the state’s jurisprudence. Remanded for a decision by the employing agency as to whether Petitioner should be dismissed based upon the facts of this case and without the application of a per se rule. View "Wetherington v. N.C. Dep't of Pub. Safety" on Justia Law