Devalle v. N.C. Sheriff’s Education and Training Standards Commission

Devalle served in the North Carolina Highway Patrol for 19 years and attained the rank of Sergeant. He was terminated due to violations related to the Highway Patrol Residency Policy in 2016. Devalle was then hired as a Columbus County Deputy Sheriff in 2017 and served honorably as a School Resource Officer. However, he was denied certification by the N.C. Sheriff’s Education and Training Standards Commission based upon the Commission’s conclusion that he lacked good moral character. After an evidentiary hearing, an Administrative Law Judge determined that Devalle did in fact possess good moral character and was rehabilitated from the behavior that led to his termination by the Highway Patrol. The Commission refused to adopt the ALJ’s opinion, and Devalle sought judicial review. Both the Superior Court and the Court of Appeals concluded that the Commission was in error and that Devalle possessed good moral character and should be certified. The Supreme Court of North Carolina granted discretionary review.

NCAJ filed an amicus brief in conjunction with the State Employees Association of North Carolina, Inc. The brief argues that the Commission improperly failed to consider substantial evidence of rehabilitation and violated its own rules by failing to conduct any investigation and failing to reach sufficiently specific findings to support the conclusion that Devalle lacked good moral character. Furthermore, the brief discusses the vague nature of the good moral character rule, which leaves vast numbers of North Carolina workers subject to the personal whims of various certifying bodies. The facts of this case – in which there was overwhelming evidence of Devalle’s rehabilitation and subsequent honorable service – are a glaring example of the potential harmful effects of the arbitrary application of such a rule. Both the Southern States Police Benevolent Association and the North Carolina Fraternal Order of Police also filed briefs urging the Supreme Court to rule in Devalle’s favor.