Nelsen v. N.D. Dep't of Transportation

[Go to Documents]Filed May 6, 2003[Download as WordPerfect]IN THE SUPREME COURTSTATE OF NORTH DAKOTA2003 ND 67

Shirley Nelsen, Plaintiff and Appellant
v.
North Dakota Department of Transportation; and Central Personnel Division, Defendants and Appellees

No. 20020334

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Burt L. Riskedahl, Judge.
AFFIRMED.
Per Curiam.
Greg W. Hennessy, Hennessy Law Office, P.C., P.O. Box 756, Williston, N.D. 58802-0756, for plaintiff and appellant.
Tag Christian Anderson, Assistant Attorney General, Attorney General's Office, 500 North 9th Street, Bismarck, N.D. 58501-4509, for defendants and appellees.

Nelsen v. N.D. Dept. of Transportation
No. 20020334

Per Curiam.

[¶1] Shirley A. Nelsen appealed from a judgment affirming a Central Personnel Division order upholding the Department of Transportation's decision to terminate Nelsen's employment as the office manager in the Department's Williston District. Nelsen argues there is insufficient evidence to support the administrative law judge's findings that Nelsen knew a subordinate employee was going to, and did, communicate false information concerning another employee to the Director of the Department; that Nelsen failed to inform her superiors of the subordinate employee's actions; and that Nelsen's actions constituted serious misconduct for which progressive discipline is not required under N.D. Admin. Code § 4-07-19-04. We conclude the challenged findings are supported by a preponderance of the evidence. We further conclude Nelsen's argument that her termination from employment violates N.D.C.C. §§ 34-01-20 and 34-11.1-04 is without merit. We affirm the judgment under N.D.R.App.P. 35.1(a)(5).

[¶2]Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
William A. Neumann
Mary Muehlen Maring
Carol Ronning Kapsner