Appeal of Karen Hildreth

Summary

The New Hampshire Supreme Court held that a former permanent state employee retained the right to appeal disciplinary letters to the Personnel Appeals Board after retiring. The court rejected the Board’s conclusion that retirement forfeited that right, reversed the decision, and remanded the case.

Holdings

1. An employee who was permanently employed when disciplinary personnel rules were applied remains a "permanent employee" for purposes of appealing those disciplinary actions to the Personnel Appeals Board under RSA 21-1:58, even after retiring from State service.
2. Hildreth's retirement did not forfeit her pending right to appeal the disciplinary letters to the Personnel Appeals Board.

Questions Presented

1. Whether a permanent State employee remains a "permanent employee" for purposes of appealing disciplinary actions to the Personnel Appeals Board under RSA 21-1:58 after retiring from State service.
2. Whether the Personnel Appeals Board correctly concluded that Hildreth's retirement forfeited her right to appeal disciplinary letters issued while she was permanently employed.

Disposition

reversed_and_remanded