Aguilera v. Board of Education

2005 NMCA 069, 114 P.3d 322, 137 N.M. 642
CourtNew Mexico Court of Appeals
DecidedJune 2, 2005
Docket23895
StatusPublished
Cited by8 cases

This text of 2005 NMCA 069 (Aguilera v. Board of Education) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aguilera v. Board of Education, 2005 NMCA 069, 114 P.3d 322, 137 N.M. 642 (N.M. Ct. App. 2005).

Opinion

OPINION

VIGIL, J.

{1} This case requires us to decide whether a school board can discharge a certified school teacher before her current employment contract expires solely because of a reduction in force (RIF). We hold that it cannot because a RIF is not “just cause” to discharge a teacher under the existing statutory scheme. We therefore reverse the arbitrator’s decision and remand for proceedings consistent with this opinion.

{2} The employment of school personnel is governed by the School Personnel Act, (the Act) which is now codified at NMSA 1978, §§ 22-10A-1 to -39 (2003) by virtue of 2003 N.M. Laws eh. 153, which amended, repealed, enacted, and recompiled several provisions of the Act. The Act as it existed prior to the 2003 changes controls the resolution of this dispute. See NMSA1978, §§ 22-10-1 to -27 (1975, as amended through 2002). Herein we will refer to the 2003 statutory citations where provisions of the 2001 School Personnel Act were not changed, but were simply recodified by the 2003 legislation.

BACKGROUND

{3} Cari Aguilera (Aguilera) was employed by the Board of Education, Hatch Valley Public Schools (School Board) as an art teacher at Hatch High School for the 2000-2001 and 2001-2002 school years. At the end of the 2002 school year in May, the School Board agreed to employ her for a third consecutive year, but at Hatch Middle School rather than Hatch High School. See § 22-10A-22 (directing that “[o]n or before the last day of the school year of the existing employment contract” the school board “shall serve written notice of reemployment or termination on each certified school instructor employed by the school district” and providing that “[a] notice of reemployment shall be an offer of employment for the ensuing school year”). Aguilera delivered a timely written acceptance of the offer, which resulted in a binding employment contract being created for the 2002-2003 school year. Section 22-10A-23(B) (“Delivery of the written acceptance of reemployment by a certified school instructor creates a binding employment contract between the certified school instructor and the local school board ... until the parties enter into a formal written employment contract.”). The formal written contract between Aguilera and the School Board was signed on September 5, 2002.

{4} The offer to employ Aguilera, and her acceptance of the offer, occurred when funding for the Hatch Valley Public School System was not in place for the upcoming year. In May 2002, the Hatch Valley Public School System was aware it was about to lose substantial federal funds for a program that had existed for several years and that program had a termination date in July 2002, and it was also made aware in May 2002 that there would be substantial short falls or decreased funding from the State Equalization Guarantee Funding Program. On September 16, 2002, the School Board learned that the Hatch Valley Public School System would receive approximately $1,215,000 less for the 2002-2003 school year than it had during the previous school year. Due to this reduction, the School Board approved a RIF of school personnel on September 23, 2002. As part of the RIF, the School Board elected to eliminate the Hatch Middle School art program on September 30, 2002. The following day, the Superintendent of Hatch Valley Public Schools sent Aguilera a letter notifying her that he intended to discharge her because her position would be eliminated on October 30, 2002.

{5} Aguilera exercised her statutory right to a hearing before the School Board, challenging her discharge. A hearing was held on November 14, 2002, and the School Board upheld the decision of the Superintendent. Aguilera then appealed the School Board’s decision to an independent arbitrator.

{6} Despite some initial confusion about the applicable statutes, the parties subsequently agreed that the Superintendent’s letter to Aguilera was sent to her pursuant to Section 22-10A-27(A) (stating that to discharge a certified school employee, the superintendent shall serve written notice of intent to discharge on the employee, stating in the notice the cause for the recommendation, and advising the employee of the right to a discharge hearing before the local school board); that Aguilera properly requested a hearing before the School Board pursuant to Section 22-10A-27(B) (providing that a school employee who receives a notice of intent to recommend discharge may request a hearing before the local school board); that the School Board held a discharge hearing pursuant to Section 22-10A-27(C) through (J) (prescribing the procedures for the local school board to follow in conducting a discharge hearing, and requiring the local superintendent to prove by a preponderance of the evidence that, at the time of the notice of intent to recommend discharge, the superintendent had just cause to discharge the employee); and that the appeal of the School Board’s decision would be held before an arbitrator pursuant to Section 22-10A-28 (providing for an appeal de novo to an independent arbitrator by a certified school employee who is aggrieved by a decision of a local school board).

{7} On February 20, 2003, the arbitrator heard Aguilera’s appeal. Following the hearing, the arbitrator stated this appeared to be a case of a qualified individual “with an excellent work history with the Hatch Valley Public School System” losing her job “as a result of a failure on management’s part to get its financial house in order.” He recognized that the School Board was required to establish just cause to discharge Aguilera by a preponderance of the evidence and that the applicable statute defines “just cause” as “a reason that is rationally related to an employee’s competence or turpitude or the proper performance of his duties and that is not in violation of the employee’s civil or constitutional rights.” Section 22-10A-2(F). While the arbitrator found that there was “clearly” no just cause to discharge Aguilera as defined in the statute, the arbitrator nevertheless concluded that “there was unfortunately just cause as defined by the authorized RIF policy of the Hatch Valley Public School system due to the loss of funding.” Aguilera appeals the arbitrator’s decision. See § 22-10A-28(M) (providing that an appeal from the arbitrator’s decision is taken by filing notice of appeal as provided by the rules of appellate procedure); see also Bd. of Educ. v. Harrell, 118 N.M. 470, 485, 882 P.2d 511, 526 (1994) (holding that Section 22-10-17.1(M), now codified as Section 22-10A-28(M) is unconstitutional to the extent that it limits the right of appeal to cases “where the decision was procured by corruption, fraud, deception or collusion” (internal quotation marks omitted)).

STANDARD OF REVIEW

{8} We determine whether substantial evidence supports the arbitrator’s factual findings, and we review his conclusions of law de novo. See Harrell, 118 N.M. at 486, 882 P.2d at 527 (holding that under compulsory arbitration statutes due process is satisfied by substantial evidence review of findings of fact and de novo review of questions of law). The construction of a statute is a question of law subject to de novo review. Santa Fe Pub. Schs. v. Romero, 2001-NMCA-103, ¶ 10, 131 N.M. 383, 37 P.3d 100 (“We interpret statutes de novo.”).

DISCUSSION

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Cite This Page — Counsel Stack

Bluebook (online)
2005 NMCA 069, 114 P.3d 322, 137 N.M. 642, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aguilera-v-board-of-education-nmctapp-2005.