Brown v. N.C. Dep't of Pub. Safety
256 N.C. App. 425
| N.C. Ct. App. | 2017Background
- Petitioner Lenton C. Brown, a career State correctional officer, alleged retaliation (denial of promotion) for reporting excessive force in December 2012 and initially sued in Wake County Superior Court on December 10, 2013, then voluntarily dismissed that action.
- On June 27, 2016, Brown filed a contested case petition in the Pitt County Office of Administrative Hearings (OAH) asserting substantially the same Whistleblower Act claims.
- Respondent (NC Department of Public Safety) moved to dismiss under sovereign immunity and Rule 12(b)(1), arguing Brown, as a career State employee, was required by the North Carolina Human Resources Act to file a contested case in OAH within 30 days of the final agency decision and failed to do so.
- The ALJ ordered Brown to respond to the motion by July 22, 2016; Brown did not file a written response or objections.
- The OAH dismissed Brown’s contested case with prejudice on September 2, 2016, concluding it lacked subject matter jurisdiction because Brown failed to comply with the statutory 30-day OAH filing requirement enacted August 21, 2013.
- Brown appealed; the Court of Appeals reviewed de novo and affirmed the dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OAH had subject-matter jurisdiction over Brown’s Whistleblower claim | Brown: statute change (effective Aug 21, 2013) should not apply because his claim accrued Dec 11, 2012 | Respondent: Brown, a career state employee, had to file in OAH within 30 days under the Human Resources Act and did not, so OAH lacks jurisdiction | Court: Held statute applies to grievances filed on/after Aug 21, 2013; accrual date irrelevant; dismissal for lack of jurisdiction affirmed |
Key Cases Cited
- Country Club of Johnston Cty., Inc. v. U.S. Fid. & Guar. Co., 150 N.C. App. 231 (discusses de novo review for Rule 12(b)(1))
- Peninsula Prop. Owners Ass’n v. Crescent Res., LLC, 171 N.C. App. 89 (explains de novo standard and substitution of court judgment)
- Newberne v. N.C. Dep’t of Crime Control & Pub. Safety, 359 N.C. 782 (addresses pre-2013 venue options for Whistleblower claims)
- Lewis v. N.C. Dep’t of Hum. Res., 92 N.C. App. 737 (statutory requirements govern appeals to administrative agencies)