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Judge rules demoted trooper should get back job

Posted November 18, 2009

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— A Superior Court Judge has sided with an administrative law judge who ruled a state trooper should not have been demoted for allegedly using a racial slur.

The North Carolina Highway Patrol demoted trooper Mitch Foard from first sergeant to trooper after an investigation determined he left a slur on a colleague's voicemail in 2006.

Foard has denied making the slurs, and Administrative Law Judge Joe Webster ruled last November that Foard should get his job back.

Webster raised questions about the Highway Patrol's investigation, citing interrogation tactics and the quality of a recording of the voice mail message.

In February, the State Personnel Commission upheld the demotion based on his admission to an internal affairs investigator that it was his voice on the tape.

The case was appealed to Superior Court, and Judge Henry Hight agreed the Highway Patrol did not have substantial evidence to demote Foard.

The Highway Patrol has 30 days to appeal.

14 Comments

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  • illegals--GO HOME Nov 19, 2009

    You would have to know the other side of this story to have a good idea of what happened. The guy who allegedly got the slur is a known liar.....period! He has a very spotty record with the patrol and other agencies for his on and off duty stuff.

  • ifcdirector Nov 19, 2009

    Let's face it. You can do whatever you want as a trooper in this state and either their internal affairs will gloss it over or the judicial system will take care of your sins for you without fail. I wonder why they are having problems over there with image and prestige? Hmmmmmmm. This is a sad reinforcement of the behavior of losers who are reflecting poorly on the other troopers trying to do their jobs and maintain a modicum of respect from the public in a difficult public service. Of course with all the corruption in this state you can go judge shopping too I am sure and get absolved of your sins as well.

  • Go GT Nov 19, 2009

    great news.. now what will they do with the trooper in Rocky Mount that strangled the RM officer for tazering his pops? he is already off for 8 months getting paid to wait for his trial.

  • GetRight Nov 19, 2009

    Political-correctness is a bane to this nation!

  • EZeegoing Nov 19, 2009

    "He is not an ex-officer, he is a Patrolman. He is trying to get his rank back."

    Makers no difference, he will never be accepted back in the ranks.

  • djcgriffin Nov 19, 2009

    I meant without coercion in my former post, my apologies.

  • RonnieR Nov 19, 2009

    He is not an ex-officer, he is a Patrolman. He is trying to get his rank back.

  • DontLikeTheSocialistObama Nov 19, 2009

    Yeah. A loss for politically correctness.

  • EZeegoing Nov 19, 2009

    "In February, the State Personnel Commission upheld the demotion based on his admission to an internal affairs investigator that it was his voice on the tape."

    Waddamatter ex officer, your legal bills stacking up and you can't get a job as door greeter at your local Shopping mal ? Life's ruff when you violate PC and get nailed.

  • native_son_2 Nov 19, 2009

    Yet again, the NCSHP's sloppy and inexcusable treatment of this trooper has been exposed for all the world to see. The investigation was a sham, the accusor a proven LIAR, and NCSHP Internal Affairs proven to be incompetent and negligent in investigating this. Trooper Foard is owed a huge apology here.

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