Armijo v. City of Espanola

2016 NMCA 086, 10 N.M. 513
CourtNew Mexico Court of Appeals
DecidedJuly 13, 2016
DocketS-1-SC-36064; Docket 34,083
StatusPublished
Cited by2 cases

This text of 2016 NMCA 086 (Armijo v. City of Espanola) 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
Armijo v. City of Espanola, 2016 NMCA 086, 10 N.M. 513 (N.M. Ct. App. 2016).

Opinion

OPINION

ZAMORA, Judge.

{1} Appellant, the City of Española (the City), appeals from a judgment in favor of Plaintiff, Marvin Armijo. After the City’s grievance board determined that the City had just cause to terminate Armijo, Armijo appealed the grievance board’s decision in district court. While that appeal was pending, Armijo also filed a separate complaint against the City in district court alleging breach of contract and breach of the implied covenant of good faith and fair dealing. The district court entered a judgment in favor of Armijo on the breach of contract claim. The administrative appeal was dismissed by the district court.

{2} The City appeals from the district court’s judgment, arguing that: (1) Armijo’s breach of contract claim was barred by the doctrine of claim preclusion; (2) the district court erred in allowing Armijo to bring a claim for breach of implied employment contract because Armijo had not yet exhausted his administrative remedies; and (3) the district court erred in considering issues related to the collective bargaining agreement between the City and the police union. We hold that Armijo was barred from bringing the separate claim for breach of contract in the district court and reverse.

BACKGROUND

{3} In 2008 Armijo was employed as a police officer for the City. In September 2008 Armijo received a payroll deposit, which included a miscellaneous payment in the amount of $2,399.52. In the spring of 2009, the unexplained deposit came to light during an audit of the City’s payroll records. The City’s finance director discovered unexplained payroll disbursements. Concerning Armijo’s miscellaneous payment, Armijo’s supervisor determined that Armijo was authorized to receive $958.49 of the $2,399.52 due to a retroactive pay increase. However, the remaining $1,441.03 was considered an unauthorized overpayment. In July 2009, Armijo was terminated for failing to report and repay the overpayment.

{4} Armijo appealed pursuant to the City’s grievance policy. Following a hearing, a grievance board hearing officer upheld the decision to terminate Armijo’s employment. In November 2009, Armijo appealed that decision to the district court pursuant to Rule 1-074 NMRA (governing appeals to the district court of administrative agency decisions when there is a statutory right to appeal).

{5} In August 2011 Armijo filed this separate action against the City for, among other things, breach of contract. In June 2012 Armijo amended his complaint alleging breach of implied contract and breach of the covenant of good faith and fair dealing. Twice the district court denied motions by the City to stay the proceedings in the breach of contract suit due to the pending administrative appeal. Following a trial on the merits, the district court found that the City breached its implied contract with Armijo by failing to provide correct notice regarding his hearing rights, and by failing to follow its internal policies, which required the City to initiate an internal affairs investigation. The district court entered judgment in favor of Armijo on the breach of contract claim and awarded Armijo approximately $40,000 in lost wages and $10,000 in consequential damages.

{6} Armijo filed a motion for reinstatement in the pending administrative appeal, arguing that the district court’s judgment in the contract action was binding in the administrative appeal under the doctrine of issue preclusion. In his motion, Armijo seeks reinstatement to his former position as well as restoration of his retirement benefits and lost wages. The City is appealing the district court’s judgment in favor of Armijo on his contract claim.

DISCUSSION

Claim Preclusion

{7} As a preliminary matter we briefly address the City’s argument that we must determine whether Armijo exhausted his administrative remedies before we can determine whether Armijo’s contract claim is barred under the doctrine of claim preclusion. The City asserts that Armijo’s administrative remedies have not been exhausted since the administrative appeal is still pending in district court. The City argues that because the issues raised in Armijo’s contract claim are the same as the issues raised in the pending administrative appeal, the district court should not have allowed Armijo to proceed with his contract claim until a final decision was issued in the administrative appeal. Armijo contends that his administrative remedies were exhausted once the grievance board’s decision was issued, citing the City’s personnel handbook, which provides that the grievance board’s decision is the final step in the administrative process.

{8} We need not decide whether or at what point Armijo exhausted his administrative remedies because, for the purposes of claim preclusion, the grievance board’s decision is considered a final judgment. See Shovelin v. Cent. N.M. Elec. Coop., Inc., 1993-NMSC-015, ¶ 12, 115 N.M. 293, 850 P.2d 996 (holding that a court may apply claim preclusion to decisions of administrative or quasi-judicial bodies acting within the scope of their authority); Chavez v. City of Albuquerque, 1998-NMCA-004, ¶ 19, 124 N.M. 479, 952 P.2d 474 (holding that a decision by the city’s grievance board was a final judgment for purposes of precluding a municipal employee’s subsequent contract claim).

{9} Our application of claim preclusion in this case focuses instead on whether Armijo has had a full and fair opportunity to litigate issues arising out of his claims. See Kirby v. Guardian Life Ins. Co. of Am., 2010-NMSC-014, ¶ 61, 148 N.M. 106, 231 P.3d 87 (“[Claim preclusion] precludes a claim when there has been a full and fair opportunity to litigate issues arising out of that claim.” (internal quotation marks and citation omitted)). The purpose of applying claim preclusion “is to protect individuals from multiple lawsuits, to promote judicial economy, and to minimize the possibility of inconsistent judgments.” Moffat v. Branch, 2002-NMCA-067, ¶ 14, 132 N.M. 412, 49 P.3d 673. A party asserting claim preclusion “must establish that (1) there was a final judgment in an earlier action, (2) the earlier judgment was on the merits, (3) the parties in the two suits are the same, and (4) the cause of action is the same in both suits.” Potter v. Pierce, 2015-NMSC-002, ¶ 10, 342 P.3d 54.

{10} There is no question that the parties in the administrative action and the contract action are the same. And as we previously discussed, for the purposes of claim preclusion, the grievance board decision is a final jirdgment on the merits. Thus, at issue here is whether the cause of action is the same in both proceedings. To answer this question “we apply the transactional test from the Restatement (Second) of Judgments § 24(2) (1982).” Chavez, 1998-NMCA-004, ¶ 22. “This approach disregards the specific legal theories or claims that were or were not invoked in a prior action[.]” Moffat v. Branch, 2005-NMCA-103, ¶ 17, 138 N.M. 224, 118 P.3d 732. Instead, we “engage in a pragmatic assessment of the transaction, with a ‘transaction’ being described as a natural grouping or common nucleus of operative facts.” Id. (internal quotation marks and citation omitted).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Tafoya v. Morrison
New Mexico Court of Appeals, 2016

Cite This Page — Counsel Stack

Bluebook (online)
2016 NMCA 086, 10 N.M. 513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/armijo-v-city-of-espanola-nmctapp-2016.